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HomeMy WebLinkAboutContracts & Agreements_15-1976 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF COLTON , FONTANA, LOMA LINDA, REDLANDS , RIALTO AND SAN BERNARDINO , CREATING THE EAST VALLEY TRANSIT SERVICE AUTHORITY THIS AGREEMENT, dated Ju-ae 14 , 1976 , by and between the COUNTY OF SAN BERNARDINO , hereinafter sometimes called " County ," and the Cities of Colton , Fontana , Loma Linda , Redlands , Rialto and San Bernardino , all of which are bodies politic in the STATE OF CALIFORNIA , hereinafter sometimes called "Cities" , W I T N E S S E T H • WHEREAS , the County of San Bernardino and the Cities of Colton , Fontana , Loma Linda , Redlands , Rialto and San Bernardino have a mutual interest in deciding upon and implementing a public transit system to serve the East Valley and to provide connecting service to all other areas , and WHEREAS , the organizational plan of San Bernardino Associated Governments , of which said San Bernardino County entities are members , provides for the formation of Transit Service Authorities to make transit service decisions for sub-county areas , and WHEREAS , a single valley-wide operator has been created by the name of OMNITRANS to provide transit services in accordance with the decisions of the sub-county areas ; and WHEREAS , the parties to this agreement find it in their mutual interests to provide for authority to study , explore and contract for a public transit system which best serves the East Valley within the framework of the existing and proposed transit systems adjacent - 1 - F thereto ; NOW, THEREFORE , the County and Cities above mentioned , for and in consideration of the mutual promises and agreements herein contained , do agree as follows . SECTION 1 . Purpose This Agreement is made pursuant to the provisions of Article 1 , Chapter 5 , Division 7 , Title 1 of the Government Code of the State of California , commencing with Section 6500 , herein - after called "Act" relating to the joint exercise of powers common to public agencies The Cities and County above mentioned each possess the powers referred to in the Recitals hereof The pur- pose of this Agreement is to study , implement and contract for a public transit system which will best serve the East Valley and the territories immediately adjacent to the territory covered by the East Valley . SECTION 2 Term This Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of one ( 1 ) year from the date hereof , during which time all of the parties shall remain a part of the Authority and shall not terminate their membership therefrom The Agreement shall be extended thereafter on a year to year basis until it is terminated in the manner set forth herein . After expiration of the initial one year term , any party may terminate their membership by follow- ing the procedures set forth hereinafter SECTION 3 Authority A Creation of Authority . Pursuant to Section 6506 of the Government Code -2- there is hereby created a public entity to be known as "East Valley Transit Service Authority , " hereinafter called "EVTSA ," and said Authority shall be apublic entity separate and apart Z rom the Cities and County which are parties to this Agreement . B . Governing Board . The Authority shall be administered by a governing board of ten ( 10) members who shall serve without compensation The governing board shall consist of one mayor or council member from each city and the four (4) Supervisors who represent Districts 2 , 3 , 4 , and 5 of the County . Such governing board shall be called the "Governing Board of the East Valley Transit Service Authority " Each member shall be entitled to one vote All actions of the Governing Board shall be by majority vote , provided that upon the call of any board member , the vote of each member shall be weighted and shall be given the value and effect equal to the proportion that the current annual contribution from the respective member agencies bears to the current total budget of the EVTSA ; and provided further that the weighted votes of the County representatives shall total no more than if the County were to cast a single weighted vote , and provided further , the combined weighted vote (s ) of any member agency shall not , of itself , be given the value or effect of a majority vote A weighted vote may not be split by any im rd mem- ber , however , the total weighted vote based upon the County ' s contribution shall be equally apportioned among the County repre- sentatives present Each party to this Agreement shall appoint an - 3- alternate member who may be a member of the staff of the govern- mental entity and who shall be entitled to vote at any duly authorized meeting in the absence of the member from the legis- lative body The County , in the case of the alternate member , may appoint four (4) alternate members C Meetings of Governing Board ( 1 ) Regular ,Meetings The Governing Board of the Authority shall provide for its regular meetings , provided , however , that it shall hold at least one ( 1 ) regular meeting each year . The date , hour , and place of the holding of the regular meetings shall be fixed by minute action of the Governing Board , and a copy of such action shall be filed with each party hereto (2) Ralph M Brown Act . All meetings of the Governing Board of the Authority , including without limitation , regular , adjourned regular and special meetings , shall be called , noticed , held and conducted in accordance with the provisions of the Ralph M Brown Act (commencing with Section 54950 of the Government Code) . ( 3) Minutes The secretary of the Authority shall cause to be kept minutes of the regular , adjourned regular , and special meetings of the Governing Board and shall , as soon as possible after each meeting , cause a copy of the minutes to be forwarded to each member of the Governing Board . (4) Quorum A majority of the Governing Board of the Authority shall constitute a quorum for the transaction of -4- business , provided that the affirmative vote of at least six (6 ) members of the Governing Board shall be required for the approval of any matter D . Officers . The Board shall select a chairman , a vice-chair- man , and a secretary The secretary may , but need not be , a member of the Governing Board The Treasurer of the Authority shall be the Treasurer of the City of San Bernardino . The Comp- troller of the Authority will be the Finance Director of the City of San Bernardino . The Attorney for the Authority shall be appointed by the Governing Board The Governing Board shall have the power to appoint and employ such other officers , em- ployees , consultants , advisors and independent contractors as it may deem necessary SECTION 4 . Powers . The Authority shall have the powers common to the Cities and County as set forth in Section 1 of this Agreement , to-wit - Acquiring such information as may be necessary and required for the installation of transit facilities and the acquisition of transit equipment to serve the transit needs of the members of this Agreement , the implementation and the operation of the tran - sit system, including letting contracts to implement the transit plan or the operation thereof . The Authority is hereby authorized , in i -cs own name , to do all acts necessary for the exercise of such common power for such purposes , including but not limited to any of the following to make and enter into contracts and leases , to employ agents and employees , to acquire , develop , -5- maintain , and operate the facilities for a transit system to serve the members of tnis Agreement and their citizens ; to hold or dispose of property , to incur debt , liabilities , or obliga- tions , and have the power to sue and to be sued in its own name . Such powers shall be exercised in the manner provided in the Act , and , except as expressly set forth herein , subject only to such restrictions upon the manner of exercising such powers as are imposed upon the City of San Bernardino in the exercise of similar powers . Notwithstanding the generality of the foregoing , the Authority shall have no power to bind any of the Cities or the County to any monetary obligation whatsoever other than those expressly authorized by the mutual consent of all member Cities and County . SECTION 5 Parties ' Liability Each party to this Agreement , whether individually or collectively , does not assume , nor shall a party be deemed to assume liability for A Any act of EVTSA or for any act of EVTSA ' s agents or employees ; B . The payment of wages , benefits or other com- pensation to officers , agents or employees of EVTSA , or C The payment of Workmen ' s Compensation or in- demnity to agents or employees of EVTSA for injury or illness arising out of the performance of this Agreement SECTION 6 Financing - Fiscal Year . For the purposes of this Agreement , the term '' fiscal year" shall mean the fiscal year as established from time to time -6- by the cities , being , at the date of this Agreement , the period from July 1st to and including the following .Tune 30th Annual Financial Support Prior to January 1st of each year , any party shall have the right to request a change in -their level of service for the next fiscal year and shall sub- mit such request to the Board in writing . However , change re- quests may be made at a later date provided the operational capacity exists and such change is approved by the Governing Board of the EVTSA. At the time of preparing the EVTSA annual proposed budget , the Board shall determine the amount of financial support required by EVTSA for the ensuing fiscal year . The support required for the annual budget shall be apportioned among the parties hereto , on the basis of an equitable formula to be established by the Board . A proposed budget shall be submitted to each party to this Agreement for their consideration and comment prior to final adoption of the EVTSA budget Following the adoption of the EVTSA budget , the Board shall inform the legislative body of each party of the Board ' s determination of financial support required for the fiscal year and the computation of the parties' proportional share SECTION 7 Provision of Transit Service . On the date it initiates transportation service through OMNITRANS , EVTSA shall exercise the common power of the parties by contracting for a public transportation service connecting , as well as within, the corporate limits of the parties and the unincorporated areas served It is desired that OMNITRANS provide 7- a standardized system of fares and a uniform system of transfers , provided , however , that changes in fares be established only following notice and copies of exhibits to the governing bodies of the parties at least thirty (30) days prior to the proposed change It is desired that changes in routes , types , and levels of service only be made upon direction of the EVTSA Governing Board subject to concurrence by affected entities In the per- formance of its function , EVTSA shall establish and maintain close liaison with OMNITRANS , SANBAG , and with other regional , state , and federal advisory and regulatory bodies SECTION 8 Comptroller . The Comptroller shall issue checks or fund transfers to pay demands against EVTSA which have been approved by the Board He shall be responsible on his official bond for his approval for the disbursement of EVTSA money . The Comptroller shall keep and maintain records and books of account on the basis of the uniform classification of accounts adopted by the State Controller The books of account shall include records of assets , liabilities , and of contributions made by each party SECTION 9 Termination - Withdrawal of Party Upon expiration of the first three-year term of this Agreement , a party may withdraw from this Agreement as of the first day of July of any year following six months ` notice to the other parties by resolution of intent to withdraw adopted by the legislative body of the party -8- SECTION 10 Windinq Up If this Agreement is terminated , any property and equipment owned by EVTSA shall be distributed to the parties , distribution to each party shall be made in the same proportion as that reflected in the parties ' accumulated capital contribu- tion accounts as shown in the Comptroller ' s books of account Cash may be accepted in lieu of property or equipment If the parties cannot agree as to the valuation of the property or to the manner of its distribution , the distribu- tion or valuation shall be made by a panel of three ( 3) referees One referee shall be selected and appointed by the City repre- sentatives on the Board and one referee shall be selected and appointed by the Board of Supervisors of the County of San Bernardino , and the two referees shall appoint a neutral third referee . This Agreement shall not terminate until all property has been distributed in accordance with this provision , and the winding up and property distribution hereunder shall be effected in the manner calculated to cause the least disruption of exist- ing public transportation service SECTION 11 By--Laws , Rules and Amendments Thereto The Governing Board of the Authority shalt adopt such By-Laws as deemed necessary and may from time to time adopt such rules and regulations for the conduct of its meetings and affairs as may be required Any By-- Laws , rules and regulations adopted by the Governing Board may be amended at any time by a majority vote of the Governing Board -9- SECTION 12 . OMNITRANS Relationship . This Agreement recognizes the operational role of OMNITRANS as the valleywide transit operator through whom the various Transit Service Authorities contract for desired service It is understood that the EVTSA desires to reserve the right to determine and/or approve all routes and route changes , service frequencies , and hours of operation , as provided in Section 7 for the desired service It is further understood that it is desired that OMNITRANS provide staff assistance as needed SECTION 13 . SANBAG Relationship This Agreement recognizes the subregional transporta- tion planning role of SANBAG and the Authority ' s position within the SANBAG organizational plan as approved within Amendment No . 2 of the SANBAG Joint Powers Agreement It is understood that the EVTSA desires that SANBAG provide staff assistance as needed SECTION 14 . Successors . This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authorized , and their official seals to be hereto affixed , as of the day and year first above written . COUNTY OF SAN BERNARDINO Dated June 14 1976 ATTEST ` Chairman , Board of Supervisors '� '� � ` -` DennisHansber er~- DClerk ,t y B _, a ,ill: g arcT of Supervisors - 10- CITY OF COLTON Dated ATTEST` MAX GR C1 Ly Clerk C I TY 0 -0- T Dated ATTEST MAYOR City Cterk %f 4� CITY OF LOMA LINDA Dated .-- 3 ATTR' T MAYOR ty C1e`'K #_ CITY OF ,9LANQS,- - , Dated . -,��— r�cr ATTEST . . / MAYOR d C i t Y/ k - t3 - CITY OF RIALTO Dated al� 1t6 F � J ATI S //``, MAYOR Ci�y CIrk e CITY OF SAN BERNARDINO Dated ATTEST MAYOR~ ;. City Clerk - 12- i MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA RL' • AGREE,#76-30$ ; CO.I COLTON/FONTANA/LOMA LINDA/REDLANDS/RIALTO/SAN . L_ T •,_'PA RE E. VALLEY '.I RAOS .Susi .ADH , APPBLUED Public Vbrks Agency Administrator John Bernard presents to the .Board for approval a Joint Powers Agreement with the east valley cities for the purpose of establishing the East Valley Transit Service Authority He states the agreement has been approved by County Counsel and incor- porates all of the changes originally requested by the Board. Mt. Bernard states further this agreement has been approved by SANBAG and he would recommend the Board approve the agreement today to become effective July 1, 1976. In answer to inquiry, lis. Bernard states that everyone is in agreement with this Joint Powers Agreement. In response to inquiry, Mr. Bernard explains the membership of the 10 member governing board and further states that this agreement is basically the sane as that entered into for the West Valley Transit. In response to inquiry, fir. Walker further states that SANRAG does not have any funding authority for the East Valley Transit Service Author- ity Following discussion, on motion by Supervisor NAyfield, only seconded by Supervisor Townsend and carried, the Board of Supervisors hereby approves the Joint Powers Agreement between the county and the Cities of Colton, Fontana, Loma Linda, Redlands, Rialto, and Sara. Bernardino, creating the East Valley Transit Service Authority and further author- izes its Chairman to sign said document. PASSED AND ADOPTED by the Board of Supervisors of the County of San Bernardino, State of California, by the following vote: A`IES • SUPERVISORS • Mayfield, Mikesell, Townsend, Hansberger NOES : SUPERMTSORS: None