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CVAG/Mediation Agreement 93MEDIATION AGREEMENT This agreement is made by and between the following member county and cities of the Coachella Valley Asso iation of Governments ("CVAG"): the County of Riverside, th City of Coachella, the City of Indio, the City of La Quinta, t e City of Indian Wells, the City of Palm Desert, the City of Ranc o Mirage, the City of Cathedral City, the City of Palm Springs, an the City of Desert Hot Springs. RECITALS Each party to this agreement is a governmen al entity established by law with full powers of government in le islative, administrative, financial, and other related fields. The purpose of this agreement is to further th desire of the parties to avoid and settle without litigation futu e disputes which may arise between them relative to their fu ctions as governmental entities. Accordingly, the parties hereb agree to engage in good faith negotiations to resolve any such isputes by mediation. In the event the parties are unable to settle any such dispute by mediation, the parties may take whatever ction they deem appropriate to protect their interests includi g but not limited to the filing of legal actions. NOW, THEREFORE, in consideration of the mutu4l promises Page 1 LDC\011593\6051\05MED06.A2 and covenants contained herein, the parties agree as follows: AGREEMENT 1. This agreement to mediate commences from the date hereof until December 31, 1995 and may be renewed by any or all of the parties hereto upon its termination. 2. The parties shall attempt in good faith to resolve all claims, demands, disputes, controversies and differences that may arise between the parties hereto through voluntary m diation. 3. It is a condition precedent to the commen event of formal arbitration or court proceedings of any nature that any dispute required to be mediated pursuant to the terms of this Agreement shall first be submitted to mediation except when, in the sole judgment of a party, to do so would prejudice the fights of that party, including without limitation making it difficult to meet the deadline of any statute of limitations. The parties further agree to submit any dispute to mediation pursuant to the terms of this agreement notwithstanding the :pact that a party has heretofore commenced arbitration or court proceedings. Any arbitration or court proceeding heretofore commenced may proceed in parallel with any mediation procedure in which a party agrees to participate. 4. At any time during the mediation process of any dispute, any party to mediation may reject further participation in such mediation if in the sole judgment of that party, suci further participation would be futile. In the event that �ny party Page 2 LDC\011593\6051\05MED06.A2 exercises its discretion to reject further participa ion in a mediation proceeding or rejects the recommendation of any mediator, all parties involved in such mediation proceeding shall maintain strict confidentiality as to the circumstances of such rejection. 5. The mediator or mediators shall have nol power to make a decision binding on any party to this agreement ip that the mediation procedure is designed to promote the voluntary settlement of disputes between the parties, with the mediator or mediators acting as an intermediator to promote such settlement. 6. Each party to this agreement shall de ignate a neutral qualified party to serve as a mediator for the t rm of one year on the CVAG list of mediators (the "List"). CVAS may add other persons to the List who CVAG feels are qualified in terms of their experience and training to serve. 7. The parties agree to cooperate in providing discovery and disclosure of all matters relevant to such dispute provided, however, that no party is required to waive any privilege or disclose any confidential information that may esult in prejudice to that party. Discovery and disclosure sha 1 be made within a reasonable time prior to the scheduled mediati n so that all parties have an opportunity to be well informed s to the factual basis for the other party's position. S. All claims, demands, disputes, controversies and differences within the terms of this agreement shall belsubmitted to mediation as provided herein. 9. Any party or parties to a dispute may mediation by filing with the other party or parties and Page 3 LDC\011593\6051\05MED06.A2 initiate with CVAG a written request for mediation pursuant to these rules,j with the appropriate administrative fee contained inj together the Fee Schedule. Any party to this agreement may invite a nonparty to participate in a dispute otherwise covered by this agr ement in cases where such non-party's participation would be h 1pful or necessary to resolution of a dispute. 10. A request for mediation shall contain) a brief statement of the nature of the dispute and the names, addresses, and telephone numbers of all parties to the dispute and those who will represent them, if any, in the mediation. The initiating party shall simultaneously file two copies of the request with CVAG and one copy with every other party to the dispute. 11. One or more neutral mediators shall be selected by the parties to mediate the dispute from among those on he List. The parties may also agree to select and utilize on or more mediators apart from the list maintained by CVAG. The se ection of a mediator shall be made within thirty (30) of the fi ing of a request for mediation by the party initiating the mediation process. In any case, the selection of the mediator or mediators shall only be by the unanimous vote of the parties to t e dispute and no person may serve as a mediator unless consented to by all parties to the dispute. Normally, a single mediatox will be appointed unless the parties request otherwise. 12. No person shall serve as a mediator in a4y dispute in which that person, or that person's employer, has any1financial or personal interest in the result of the mediation, exc pt by the written consent of all parties. Prior to accepting an ap ointment, Page 4 LDC\011593\6051\05MED06.A2 the prospective mediator shall disclose any circumstance create a presumption of bias or prevent a prompt meetin parties. Upon receipt of such information, CVAG sha likely to with the 1 either replace the mediator or immediately communicate the info mation to the parties for their comments. In the event that t e parties disagree as to whether the mediator shall serve, CVAG wi 1 appoint another mediator. CVAG is authorized to appoint anothe mediator if the appointed mediator is unable to serve p mediator so appointed shall be approved by unanimous c parties to the dispute. 13. If any mediator shall become unwilling or serve, CVAG will appoint another mediator subject to consent of the parties. 14. Any party may be represented by persor party's choice. The names and addresses of such person4 communicated in writing to all parties and to CVAG. 15. The mediator shall fix the date and ti �ly. . Any ant of the unable to unanimous Ls of the ; shall be e of each mediation session. The first mediation session shall beIscheduled on a date within thirty (30) days of selection or appo ntment of the mediator. The mediation shall be held at the office f CVAG or at any other convenient location agreeable to the mediator and the parties, as the mediator shall determine. 16. At least ten days prior to the first scheduled mediation session, each party shall provide the media or with a brief memorandum setting forth its position with r issues that need to be resolved. At the discret mediator, such memoranda may be mutually exchanged by Page 5 LDC\011593\6051\05MED06.A2 d to the of the parties. 17. At the first session, the parties will belexpected to produce all information reasonably required for the mediator to understand the issues presented. The mediator may reouire any party to supplement such information. The mediator shall render his recommendation within thirty (30) days of the final session unless the parties have agreed in writing to extend the time for the mediator's recommendation. 18. The mediator does not have the authority to impose a settlement on the parties but will attempt to help th m reach a satisfactory resolution of their dispute. The me iator is authorized to conduct joint and separate meetings with t e parties and to make oral and written recommendations for s ttlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining su h advice. Arrangements for obtaining such advice shall be ma a by the mediator or the parties, as the mediator shall determin . 19. The mediator is authorized to end the mmediation whenever, in the judgment of the mediator, further efforts at mediation would not contribute to a resolution of t e dispute between the parties. 20. Mediation sessions are private. The parties and their representatives may attend mediation sessions. Oth r persons may attend only with the permission of the parties and with the consent of the mediator. 21. Confidential information disclosed to a m diator by the parties or by witnesses in the course of the media ion shall Page 6 LDC\011593\6051\05MED06.A2 not be divulged by the mediator. All records, reports, or other documents received by a mediator while serving in that capacity shall be confidential and no mediator shall serve as su h without first entering into a written confidentiality agreement with all of the parties. The mediator shall not be compelled to di ulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum. 22. The parties shall maintain the confiden iality of the mediation and shall not rely on, or introduce as a idence in any arbitration, judicial, or other proceeding: a. views expressed or suggestions made y another party with respect to a possible settlement of the disp te; b. admissions made by another party in he course of the mediation proceedings; C. proposals made or views expresse by the mediator, or; d. the fact that another party had or had not indicated willingness to accept a proposal for settlemeilt made by the mediator. 23. There shall be no stenographic record of the mediation process. 24. The mediation shall be terminated: a. by the execution of a settlement ag eement by the parties; b. by a written declaration of the mec effect that further efforts at mediation are no longer or; Page 7 LDC\011593\6051\05MED06.A2 for to the >rthwhile, C. by a written declaration of a party o parties to the effect that the mediation proceedings are termina ed. 25. Neither CVAG nor any mediator is a necess ry party in judicial proceedings relating to the mediation. Nei her CVAG nor any mediator shall be liable to any party for an act or omission in connection with any mediation conducted un er these rules. 26. The mediator shall interpret and apply th se rules insofar as they relate to the mediator's duties and responsibilities. 27. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other ex enses of the mediation, including required travelling and other ex enses of the mediator and the expenses of any witness and the co t of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties unless t ey agree otherwise. Fee schedule Administrative Fee. Each party shall pay administrative fee in the sum of $400.00 at the time of f mediation request. The amount of such fee may be adjust Page 8 LDC\011593\6051\05MED06.A2 CVAG an cling the d by CVAG's board of directors from time to time. IN WITNESS WHEREOF, the parties hereto have agreement. Dated: 1993 Approved To Form: ;e7 City Attorney Dated: 1993 Approved As Form: Dated: ( 1993 JAroved As To Form: City 4 torney ted this CITY OF CATHEDRAL CITY zdolvuM ..�.iIr CITY OF C By. Its: Tf� Attest: CITY OF DESERT By: Its: Attest: Page 9 SPRINGS LDC\011593\6051\05MED06.A2 Dated: August 6 1993 Approved As To Form: City' torney Dated: ?' /S , 1993 Approved As__-To�Form: ��.� sSM W-M� Dated: Approved As To Form: City Attorne 1993 Dated: 1993 Approved As To Form: .e r ttorney CITY OF INDIAN WELLS By: l Its: Mayor Attest: _Zz� C t C e CITY OF INDIO By: Its: Attest CITY OF LA QUINT By: _ Its: Attest CITY OF PALM D By: Its: V Attest: Page 10 LDC\011593\6051\05MED06.A2 Dated: -71a F Approved As To Form: ��JW.ttorney MV101? Dated: Z, 1993 Approved As To Form: r-) E;t;t 0 — — City torney Dated: &U� t% , 1993 Approved As To Form: County Couroel LDC\011593\6051\05MED06.A2 CI R By: Its: Attest: City Gle[k APPRC. WD iY THE Cl-TY CO CIL BYykwS. NO. fi i /- 6 - S A 3/P3 106 CITY OF RANCHO E By: Its: Attest: COUNTY OF RIVER=E By: j Its: ENMRMAM OF ME BOAR© OF Attest:�G�G Page 11 3. /3 s�/z7/93 LYNN D. CRANDALL WALTER J. R. TRAVER LISA A. GARVIN ELIZABETH OLIVIER TONI EGGEBRAATEN Bob Hunt City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 CRANDALL & TRAVER ATTORNEYS AT LAW 43-645 MONTEREY AVENUE, SUITE D TE TE PALM DESERT, CALIFORNIA 92260 '93 NOV 3 PM 12 T November 2, 199glTY OF LA QUINTA� CITY VIAMNAGE ma's OFFi E Re: CVAG Mediation Agreement Dear Mr. Hunt: I have enclosed one fully executed original mediation agreement between CVAG and the cities Coachella Valley. Thank you all for your cooperation in getti agreement signed and circulated. Very truly yours, CRANDALL & TRAVER 4�— Lynn D Crandall LDC:sgc Encls. 6051.05 ONE (619) 346-7SS7 PIER (619) 773-3589 of the of the this