HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 10/2/2003 AGENDA
REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL
OCTOBER 2, 2003, 7:00 p.m.
San Jacinto Unified School District Board Room
2045 South San Jacinto Avenue, San Jacinto, California
1. ORGANIZATION
1.1 Call to Order
1.2 Roll Call
1.3 Invocation — Chaplin Bob Sauter, Faith Tabernacle, San Jacinto
1.4 Pledge of Allegiance
1.5 Special Presentations
1.5.1 Assemblyman Russ Bogh — State Legislative Update
el° 1.5.2 Estudillo Mansion Committee Members Recognition /
Redevelopment Operations Manager
2. PUBLIC COMMENTS:
Now is the time for the public to address the Council on any subject within the jurisdiction of the
City Council not listed on the agenda. A recap of the nonagendized comments will be addressed
under item number 2.1 during the City's second regular meeting of the month.
3. PUBLIC HEARING
3.1 Annexation of Property to Landscaping, Lighting and Park District No. 2
(LLPD No. 2)of the City of San Jacinto —Annexation No. 8 (Tract Nos.
30559 and 30462) - Continued from 9/18/03:
3.1.1 Resolution No. / A Resolution Initiating Proceedings for the
Annexation of Property to Landscaping, Lighting and Park District
LLPD No. 2 (Annexation No. 8) and ordering Engineer's Report /
Approve and Adopt / City Attorney
City Council Agenda •
October 2, 2003
Page 2 of 6
3.1.2 Resolution No. /A Resolution Approving the Engineer's Report
for the Annexation of Property to Landscaping, Lighting and Park
District No. 2 (Annexation No. 8) / Approve and Adopt / City
Attorney
3.1.3 Resolution No. /A Resolution Declaring Intention to Annex
Property to Landscaping, Lighting and Park District No. 2
(Annexation No 8 to LLPD No. 2) / Approve and Adopt/
CityAttorney
3.1.4 Public Hearing / Followingthe Public Hearin if the CityCouncil
9,
determines that a majority protest does not exist, Approve and
Adopt Resolution No. /A Resolution Ordering the Annexation
of Territory to Landscaping, Light and park District No. 2 and
Levying of Assessments.
3.2 Public Hearing / Ordinance No. 03-25 / Western Riverside County Multiple
Species Habitat Conservation Plan Mitigation Fee (MSHCP) / Community
Development Director
Note: This item will be continued to 10/16/03
4. CITY DEPARTMENTS
4.1 Formation of Community Facilities District 2003-1 for Police and Fire
Services
4.1.1 Ordinance No. 03-24 /An Ordinance of the City of San Jacinto,
California, Concerning the Conditioning of Building Permits on
Annexation into Police, Fire and Road Maintenance Financing
Districts (Amends Ordinance 03-17) / Approve introduction and
first reading of Ordinance No. 03-24 and by further motion read by
title only:
An Ordinance of the City of San Jacinto, California,
Concerning the Conditioning of Building Permits on
Annexation into Police, Fire and Road Maintenance
Financing Districts
/ City Attorney
4.1.2 Resolution No. /A Resolution of the City Council of the City Of
San Jacinto, California, Amending City Of San Jacinto Land
Secured Financing Policy / Approve and Adopt/ City Attorney
41011 4.1.3 Resolution No. —/A Resolution Approving Joint Exercise of
Powers Agreement between the City of San Jacinto and Riverside
County Regarding Fire Protection and Suppression Services within
City Council Agenda
October 2, 2003
Page 3 of 6
City of San Jacinto Community Facilities District No. 2003-1,
4110 County of Riverside
4.1.4 Resolution No. /A Resolution of the City Council Determining
the Sufficiency of Petition for the Formation of Proposed City of San
Jacinto Community Facilities District No. 2003-1
4.1.5 Resolution No. /A Resolution of the City Council with Respect
to Establishment of Proposed City of San Jacinto Community
Facilities District No. 2003-1
4.2 Resolution No. /A Resolution setting a Public Hearing and Providing
for Noticing and Balloting for Purposes of Forming Assessment District
No. 03-01 (AD#03-01) Pursuant to Benefit Assessment Act of 1982 for
purposes of forming a Benefit Assessment District to Pay for Costs of
Road Maintenance / Approve and Adopt / City Attorney
4.3 Development Fees Report / Direct Staff/ Receive and File / City Manager
4.4 Council's Goals Process / Tracking System and Report / Discuss and
Direct Staff/ City Manager
5. CONSENT CALENDAR
The matters listed under Consent Calendar are considered routine and will be enacted by one
motion by City Council Members in the form listed. There will be no separate discussion on these
items prior to the motion unless members of the City Council, staff or the public requests a
specified item be removed and/or discussed.
Anyone wishing to discuss a consent calendar item should come forward upon invitation of the
Mayor; state their name, address and the consent calendar item number. Speakers should limit
comments to three (3) minutes.
5.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks
Period Ending October 2, 2003 / Approve / Finance Director
5.2 September 4, 2003 Regular Meeting Minutes / Approve / City Clerk
5.3 Ordinance No. 03-22 /An Ordinance Approving Zone Change 7-02
Rezoning Certain Properties Located between Main and Seventh Streets
and Between Salam Place and Donna Way from Agriculture (A) to R-1
4110 (One Family Residential) / Approve second reading and Adopt
Ordinance No. 03-22 / by further motion read by title only:
An Ordinance of the City Council of the City of San Jacinto,
City Council Agenda
October 2, 2003
Page 4 of 6
California Approving Change of Zone 7-02, Rezoning Certain
04) Properties Located between Main and Seventh Streets and
Between Salam Place and Donna Way From Agriculture (A) to R-
1 (One Family Residential)
/ Community Development Director
5.4 Ordinance No. 03-23 /An Ordinance of the City of San Jacinto, California,
Adding Chapter 8.52 to the San Jacinto Municipal Code Regarding
Seizure and Forfeiture of Nuisance Vehicles / Approve second reading of
Ordinance No. 03-23 and by further motion read by title only:
An Ordinance of the City of San Jacinto, California, Adding Chapter
8.52 to the San Jacinto Municipal Code Regarding Seizure and
Forfeiture of Nuisance Vehicles
/ City Attorney
5.5 Management Labor Contract (Memorandum of Understanding) / Approve
and Authorize Mayor to execute Management Contract / City Manager
5.6 Mickey lbarra & Associates Inc Contract / Approve amendment and
authorize City Manager to execute contract amendment / City Manager
5.7 Park Avenue Pavement Rehabilitation / Approve appropriation of
41.
$38,259.31 for improvements on Park Avenue utilizing AB 2928 funds /
City Engineer
5.8 Code Enforcement Case Tracking Software / Approve and Authorize
purchase of Permits Plus Combo Code Enforcement Activity Type,
Documents and Reports module with additional user licensing for
$35,903.32 / Community Development Director
Meeting recesses to consider the Redevelopment Agency Agenda.
Regular Meeting resumes following the Redevelopment Agency Meeting.
6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS
6.1 Speed humps and block wall construction in Warwick Neighborhood /
Direct staff to 1) Commence research and Staff Report; 2) Agendize this
item for Council action when Staff report is complete; and 3) Provide
written notice to neighborhood as to when it will be heard at the Council
Meeting / Mayor Ayres
City Council Agenda
October 2, 2003
Page 5 of 6
6.2 Fitness Center / Request for Council to pay for the Planning
Commissioners and City Council Members membership (includes
spouses) to the local fitness center at approximately $1,100 annually /
Council Member Shaw
6.3 Creation of Park Development Standards / Discuss and direct staff/ Vice
Mayor Carlson-Buydos
6.4 New format Chamber of Commerce's State of the Valley — October 27,
2003, 11:30 a.m. at Valley Wide Recreation / Set date, time and location
of Chamber of Commerce's State of the City / Chamber request
6.5 TUMF Zone Committee Representative and Alternate / Select /WRCOG
6.6 MSHCP (Multi Species Habitat Conservation Plan) JPA (Joint Powers
Authority / Discuss formation of JPA / Vice Mayor Buydos
7. CLOSED SESSION
7.1 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Roger Crawford
Employee Organization: Management Association
7.2 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Roger Crawford
Employee Organization: Sergeants Association
7.3 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Roger Crawford
Employee Organization: Police Officers Association
7.4 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Peter A. Cosentini
Unrepresented Employee: Public Works Superintendent
7.5 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9: One (1) Case
7.6 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
One (1) Case
7.7 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
M (Subdivision (a) of Section 54956.01
Name of case: San Jacinto v. Eastern Municipal Water District, et al
City Council Agenda
October 2, 2003
Page 6 of 6
(Brian Noble dba Noble Grading & Paving, Real Party in Interest), Case
No. RIV 149411
41101111
7.8 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
(Subdivision (a) of Section 54956.01
Name of case: Noble V. San Jacinto, et al, Case No. EDCV 01-0545 RT
(SGLx)
7.9 PUBLIC EMPLOYEE APPOINTMENT
Title: Police Chief
8. ADJOURNMENT
CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land
use made by the City Council as a result of a proceeding in which by law a hearing is required to be
given, evidence is required to be taken, and the discretion in the determination of facts is vested in the
City Council, shall be required to commence that action 90 days following the date on which the decision
of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to
Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final.
It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all
respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will
need special assistance beyond what is normally provided, the City will attempt to accommodate you in
every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the
el° meeting to inform us of your particular needs and to determine if accommodation is feasible.
I, Dorothy L. Ciouinard, City CCerkof the City of San,Jacinto, do hereby cert f that I caused to be posted the
foregoing agenda this 20 day of September, 2003 as required by Caw.
AGENDA ITEM '
October 2, 2003
TO: The Honorable Mayor and Members of the City Council
FROM: Peter A. Cosentini, City Manager
SUBJECT: Professional Service Agreement — Bob Lavin Public Works
Superintendent Salary Negotiations
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a
contract amendment with Bob Lavin for a $3,333 one-time bonus in lieu of a rate
increase for the next twelve months.
BACKGROUND:
Bob Lavin has been the City's Public Works Superintendent for the past four
years. Although not a regular employee, Bob is a valuable member of our team
and I wish to address some form of additional compensation for his efforts. Due
to the City's financial status, I will recommend that the City Council give Bob
Lavin a $3,333, one-time bonus in lieu of rate increase, locking his hourly rate at
$35.00 per hour. This added compensation would take effect upon adoption and
would be recognized as Mr. Lavin's added compensation for his services for a
twelve month period, from the date of adoption. The last time I brought this
issue to Council, one member wanted to discuss this in closed session.
JUSTIFICATION:
Lock in the current rate of $35.00/hour for the next twelve months, and secure
the professional consulting services of Mr. Lavin, which are essential to the
operation of our public works services to our residents.
BUDGETARY IMPACT:
A $3,333 increase in the upcoming Fiscal Year 2003-04 that can be spread out
from Water, Wastewater, Gas Tax, and the General Fund.
Apo o
City Manager:
Finance Director:
Page 1 of 2
ATTACHMENTS:
1. Bob Lavin Contract for Services
Page 2 of 2
.
PROFESSIONAL SERVICES AGREEMENT
CITY OF SAN JACINTO
PUBLIC WORKS SUPERINTENDENT
This PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into
this i 7 ' day of May, 2001, by and between the CITY OF SAN JACINTO, a municipal
corporation organized and existing under California law ("City"), and ROBERT LAVIN
("Superintendent"). City and Superintendent are individually referred to as"Party" and collectively
referred to as "Parties."
TERMS
1.0 SERVICES OF SUPERINTENDENT
1.1 Term.
The City hereby retains Superintendent, and Superintendent accepts retention, as the
City's Public Works Superintendent, commencing May 18th, 2001, and continuing thereafter until
either City appoints an individual as interim or permanent public works director or termination of this
Agreement pursuant to Section 1.2.
1.2 Termination of Agreement.
Either Party may,by written notice to the other Party,terminate this Agreement at any
time and without cause by giving written notice to the other Party of such termination, and specifying
the effective date thereof, at least fourteen (14) days before the effective date of such termination.
Upon receipt of the notice of termination, Superintendent shall immediately cease all work or services
hereunder except as may be specifically approved by the City Manager. Upon termination,
Superintendent shall be compensated only for those services which have been adequately rendered
to the City,and Superintendent shall be entitled to no further compensation. Upon termination of this
Agreement,neither Party hereto shall have any obligation,responsibility or liability to the other under
the terms of this Agreement, accruing from and after the effective date of such termination except in
those instances where Superintendent by reason of services rendered prior to the termination of the
Agreement is required by City or by operation of law to render services subsequent to the
termination, in which case such services shall be compensated for in the manner set forth herein.
1.3 Scope of Services.
Superintendent promises and agrees to provide the following services ("Services"):
1
•
a. Generally perform the duties of a city Public Works Director as assigned by
the City Manager. Superintendent shall not perform any duties not authorized
by the City Manager
b. Supervise the operations of the City's Public Works Department.
c. Prepare studies on Public Works issues and recommend action to the City
Manager.
d. Implement City policies and review Public Works Department employee
performance.
e. Recommend operational strategies and procedures to the City Manager.
f. Perform other projects and tasks as directed by the City Manager.
1.4 Performance of Services.
Superintendent's obligation hereunder is to complete the Services within the terms of
this Agreement. Superintendent agrees to perform the Services as expeditiously as is consistent with
professional skill and care. The Services performed by the Superintendent under this Agreement shall
be conducted in a manner consistent with the level of care and skill exercised by persons qualified to
perform the duties of Public Works Director of the City. Superintendent shall perform the Services
in a timely manner in accordance with direction from the City Manager. Superintendent will refrain
from any actions in performance of the Services which would be detrimental to the City's policies or
public image. All Services shall be subject to, and performed in accordance with,this Agreement and
all applicable local, state and federal laws, rules, and regulations.
1.5 Hours of Work.
Superintendent shall generally be available to perform the Services during normal City
business hours, and during special and regular City Council meetings. City acknowledges and
understands that Superintendent may have other clients and therefore will occasionally be unavailable.
2.0 RIGHTS AND RESPONSIBILITIES OF SUPERINTENDENT
2.1 Relationship; Independent Contractor.
The Services shall be performed by Superintendent or under his supervision. It is the
express intention ofthe Parties that Superintendent is an independent contractor and not an employee,
agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or
construed as creating or establishing the relationship of employer and employee between the City and
Superintendent.
RVPUB\ELC\612476 2
During the term of this Agreement, Superintendent shall retain the right to perform
services for others and to engage in private business matters, provided that such other activities do
not constitute a conflict of interest or otherwise interfere with Superintendent's performance of the
Services specified in this Agreement.
Both parties acknowledge that Superintendent is not an employee for state or federal
tax purposes or any other purpose and, except as otherwise provided herein, is not entitled to the
rights or benefits afforded to City employees. As Superintendent is not a City employee,
Superintendent is responsible for paying all required state and federal taxes. In particular, the City:
• Will not withhold FICA (Social Security) from Superintendent's payments;
• Will not make state or federal unemployment insurance contributions on
behalf of Superintendent;
• Will not withhold state or federal income tax from payment to Superintendent;
• Will not make disability insurance contributions on behalf of Superintendent;
• Will not obtain workers'compensation insurance on behalf of Superintendent;
• Will not make Employer-Paid Member Contributions to the Public
Employee's Retirement System on behalf of Superintendent.
2.2 Conflicts of Interest.
Superintendent may perform management, consulting, and other services for private
and public entities during the term of this Agreement, so long as such services for third parties does
not conflict with Superintendent's duties and the terms and conditions under this Agreement. During
the term ofthis Agreement, Superintendent shall not engage in any business or transaction or maintain
a financial interest relating to matters conflicting with the interests of the City. Superintendent shall
promptly notify the City Manager of any potential conflicts of interest.
2.3 Covenants Against Discrimination.
Superintendent covenants that, by and for himself, his heirs, executors, assigns and
all persons claiming under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color, creed,religion, sex, marital
status, national origin, or ancestry in the performance of this Agreement. Superintendent shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status, national origin,
or ancestry.
2.4 No Subcontracting or Assignment of Services or Agreement.
Superintendent shall not assign, hypothecate, or transfer this Agreement, or any
interest therein, either directly or indirectly by operation of law. Any attempt to do so shall be null
and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason
RVPUB\ELC\612476 3
of such attempted assignment, hypothecation, or transfer.
Superintendent shall not subcontract or assign any portion of the Services or any
obligation to be performed or duty imposed under this Agreement, either directly or indirectly by
operation of law.
2.5 Conformance to Applicable Laws or Regulations.
Superintendent shall keep fully informed of and in compliance with all local, state and
federal laws, rules and regulations in any manner affecting the performance of the Services. All
aspects of the provision of the Services by Superintendent shall at all times conform to any applicable
local, state, or federal laws or requirements. Superintendent shall perform the Services so as not to
cause City to violate any local, state,or federal laws, rules, or regulation. If Superintendent performs
any work knowing it to be contrary to such laws, rules, and regulations and without giving written
notice to the City, Superintendent shall be solely responsible for all costs arising therefrom.
Superintendent shall defend, indemnify and hold the City, its officials, directors, officers, employees
and agents free and harmless, pursuant to the indemnification provisions of this Agreement,from any
claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or
regulations.
Superintendent shall obtain at his sole cost and expense all licenses, permits and
approvals, including a City business license, as may be required by law for the performance of the
Services.
2.6 Indemnification and Non-liability of City Officers and Employees.
The City shall defend, indemnify, and hold Superintendent free and harmless from any
and all claims, demands, causes of action, liability, loss, damage, or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to
Superintendent's performance of this Agreement, including without limitation the payment of all
judgments, awards, decrees, attorneys fees, and other related costs or expenses. At its option, the
City may defend Superintendent in any and all legal proceedings commenced in connection therewith,
or in the event the City elects not to defend, shall reimburse Superintendent for any and all legal
expenses and costs incurred in connection therewith or in enforcing the indemnity herein provided.
Superintendent shall defend,indemnify,and hold the City,its elected officials,officers,
employees, agents, and volunteers, free and harmless from any and all claims, demands, causes of
action, liability, loss, damage, or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any wilful misconduct of Superintendent in
connection with the performance of the Services or this Agreement, including without limitation the
payment of all judgments, awards, decrees, attorneys fees, and other related costs or expenses.
Superintendent shall reimburse the City, its elected officials, officers, employees, agents, and/or
volunteers for any and all legal expenses and costs incurred by each of them in connection therewith
RVPUB\ELC\612476 4
or in enforcing the indemnity herein provided.
No officer or employee of the Cityshall be personallyliable to the Superintendent, or
P
any successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Superintendent or any success in interest, or for breach of any obligation of
the terms of this Agreement.
3.0 RIGHTS AND RESPONSIBILITIES OF CITY
3.1 Cooperation, Conformance to Applicable Laws or Regulations.
The City shall cooperate with Superintendent relative to the provision of the Services.
The City shall keep fully informed of, and in compliance with, all relevant local, state, and federal
of this Agreement.
laws, rules, and regulations pertainingto theperformance
g g
3.2 Right to Employ Other Superintendents or Public Works Director.
i retains the right to contract for the provision of services similar to the
The City eta g
Services with any other entity or individual, public or private.
4.0 COMPENSATION
4.1 Compensation Schedule.
Superintendent shall receive compensation for Services rendered under this Agreement
at the rate of THIRTY-FIVE DOLLARS AND NO/100ths($35.00)per hour. Superintendent shall
submit invoices indicating the Services performed, and provided the Superintendent is not in default
under the terms of this Agreement, City shall pay Superintendent in accordance with the City's
regular accounts payable cycle for Services performed and documented in said invoices.
4.2 Reimbursement for Expenses.
Superintendent shall be reimbursed for any travel expenses incurred in the performance
of the Services, including airfare and overnight lodging.
4.3 Transportation Allowance.
Superintendent shall be entitled to make use of a City-owned vehicle without
additional cost and P
expense to Superintendent; provided however, that Superintendent maintain a
P
current California Driver's license and the Superintendent or City maintain insurance appropriately
covering Superintendent's use of such City-owned vehicle.
RVPUB\ELC\612476 5
5.0 GENERAL PROVISIONS
5.1 Authority to Enter Agreement
Each Party warrants that the individuals who have signed this Agreement have the
legal power, right, and authority to enter into this Agreement so as to bind each respective Party to
perform the conditions contemplated herein.
5.2 Prohibited Interests.
Superintendent maintains and warrants that he has not employed nor retained any
company or person to solicit or secure this Agreement. Further, Superintendent warrants that he has
not paid nor has he agreed to pay any company or person,any fee commission,percentage,brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to rescind this
Agreement without liability.
For the term of this Agreement, no member, officer, or employee of the City, during
the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom.
5.3 Notices.
All notices, demands, invoices, and written communications required hereunder shall
be given in writing to the following addresses or such other addresses as the Parties may designate
by written notice:
To the City: City of San Jacinto
City Manager
201 E. Main Street
San Jacinto, CA 92583
To Superintendent: Robert Lavin
22578 Raven Way
Grand Terrace, CA 92313
Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile,
as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail, first class
postage prepaid, as of five (5) days after deposit in the U.S. Mail.
5.4 Cooperation; Further Acts.
The Parties shall fully cooperate with one another in attaining the purposes of this
RVPUB\ELC\612476 6
Agreement and, in connection therewith, shall take any additional acts or sign any additional
documents as may be necessary, appropriate, or convenient as related thereto.
5.5 Construction; References; Captions.
In all cases, the language in all parts of this Agreement shall be construed simply,
according to its fair meaning and not strictly for or against any Party, it being agreed that the Parties
or their agents have all participated in the preparation of this Agreement. Any term in this Agreement
referencing time, days, or period for performance shall be deemed to be calendar days and not work
days. All references to the City shall include its elected officials, officers, employees, agents, and
volunteers except where otherwise provided for in this Agreement. The captions of the various
articles and paragraphs of this Agreement are for the convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement or of any part
or parts of this Agreement.
5.6 Amendment; Modification.
No supplement,modification,or amendment ofthis Agreement shall be binding unless
executed in writing and signed by both Parties.
5.7 Waiver.
No waiver of any default shall constitute a waiver of any other breach of default,
whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual right by custom,
estoppel, or otherwise.
5.8 Binding Effect.
Each and all ofthe covenants and conditions ofthis Agreement shall be binding on and
shall inure to the benefit of the Parties,and their respective successors,heirs,personal representatives,
or assigns, but nothing herein shall be construed as an authorization or right of any Party to assign
any rights or obligations hereunder.
5.9 No Third Party Beneficiaries.
There are no third parties intended to be beneficiaries of any obligation or right
assumed by the Parties under this Agreement.
5.10 Invalidity; Severability.
If any portion of this Agreement is declared by a court of competent jurisdiction to
be invalid, illegal, or otherwise unenforceable, the remaining provisions of this Agreement shall
RVPUB\ELC\612476 7
continue in full force and effect.
5.11 Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of
the State of California.
5.12 Attorneys' Fees and Costs.
If any legal action or other proceeding is brought for the enforcement of this
Agreement or because of an alleged dispute,breach,default,or misrepresentation in connection with
any provision of this Agreement, the successful or prevailing Party shall be entitled to recover
reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any
other relief to which it may be entitled.
5.13 Counterparts.
This Agreement may be signed in counterparts, each of which shall constitute an
original and which collectively shall constitute one instrument.
5.14 Entire Agreement.
This Agreement contains the entire agreement of the City and Superintendent and
supersedes any prior oral or written statements or agreements between the City and Superintendent.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of
the date referenced in the first paragraph of the Agreement.
[SIGNATURES ON FOLLOWING PAGE]
RVPUB\ELC\612476 8
CITY:
City of San ac to
Date: TA 1
John F. Wag r, Jr.
City Manager, City of San Jacinto
Attest:
Date: /ff-O/
Susan Matthew
City Clerk, City of San Jacinto
SUPERINTENDENT:
R bert Lavin
Date: 5 -� S- °
Robert Lavi) ‘4°44/‘---
APPR D AS T RM:
John E. Brown
City Attorney, City of San Jacinto
RVPUB\ELC\612476 9
IL