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HomeMy WebLinkAboutContracts & Agreements_26-1979_CCv0001.pdf AMENDED JOINT POWERS AGREEMENT OF THE EAST VALLEY TRANSIT SERVICE AUTHORITY THIS AMENDED AGREEMENT , dated , 1979 by and between the COUNTY OF SAN BERNARDINO , hereinafter sometimes called "COUNTY" , and the CITIES OF COLTON , FONTANA, GRAND TERRACE , 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 and the CITIES OF COLTON , FONTANA, LOMA LINDA, REDLANDS, RIALTO and SAN BERNARDINO entered into a Joint Powers Agreement dated June 14 , 1976 , creating the EAST VALLEY TRANSIT SERVICE AUTHORITY ; and WHEREAS , on November 30 , 1978, the CITY OF GRAND TERRACE recorded its incorporation as a municipal corporation ; and WHEREAS , the EAST VALLEY TRANSIT SERVICE AUTHORITY and the CITY OF GRAND TERRACE desire to have the CITY OF GRAND TERRACE join the membership of the EAST VALLEY TRANSIT SERVICE AUTHORITY ; and WHEREAS , the COUNTY OF SAN BERNARDINO and the CITIES OF COLTON , FONTANA, GRAND TERRACE , LOMA LINDA, REDLANDS , RIALTO and SAN BERNARDINO have a mutual interest in deciding upon and implement- ing a public transit system to serve the East Valley and to provide connecting service to all other areas ; and WHEREAS , the organizational plan of the San Bernardino Associated Governments , of which the aforesaid public entities are members , provides for the formation of Transit Service Authorities to make transit service decisions for sub-county areas ; and WHEREAS , the parties to this agreement find it in their mutual interests to provide for authority to study , explore and implement a public transit system which best serves the East Valley within the framework of the existing and proposed transit systems adjacent thereto; and WHEREAS , the parties desire to restate in full herein the EAST VALLEY TRANSIT SERVICE AUTHORITY Joint Powers Agreement , as amended. 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 I of the Government Code of the State of California , commencing with Section 6500 , hereinafter called "ACT" relating to the joint exercise of powers common to public agencies . The CITIES and COUNTY above mentioned each possess the powers re- ferred to in the Recitals hereof . The purpose 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 ad- jacent 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 ( 1 ) year term, any party may terminate their membership by following the procedures set forth hereinafter. -2- . ' \ SECTION 3.3. Aothorit (&) Creation of Authority. Pursuant to Section 6506 of the Government Code there is hereby created a public entity to be known as "EAST VALLEY TRANSIT SERVICE AUTHORITY ," hereinafter called nEVTSAu, and said Authority shall be a public entity separate and apart from the CITIES and COUNTY which are parties to this agreement . (8) Governing Board. The d- Tha Authnrity shall be administered by a governing board of eleven (11 ) 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 mambar :sha-11 be entitled to one ( l ) vote . All actions of the governing board shall be by majority vote ; provided that upon the cell 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 board member; however , the total weighted vote based upon the COUNTY ' S contryLutYon shall be equally apportioned among the COUNTY representa- tives present. ' Each party to this agreement shall appoint an alternate member who may be a member of the staff of the governmental entity and who shall be entitled to vote at any duly authorized meeting in the absence of the member from the legislative 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 -3- ^ \ \~ for its regular meetings ; provided , however , that it shall hold at least one ( } ) 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 . /2l Ralph M Brown Act . All meetings of the Governing 8oard 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 gqverning' bnard 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 o quorum for the transaction of 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-chairman , 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 comptroller 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 , employees , 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 sat forth in Section l of this agreement , to wit : -4- 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 transit system, including letting contracts to implement the transit plan or the operation thereof . The Authority is hereby authorized , in its 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 , maintain , and operate the facilities for a transit system to serve the members of this agreement and their citizens ; to hold or dispose of property ; to incur debt, liabilities , or obligations , 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 compensation to officers , agents or employees of EVTSA; or ( C) The payment of Workers ' Compensation or indemnity to agents or employees of EVTSA for injury or illness arising out of the performance of this agreement . -5- ` \ SECTION 6 .6 . Fi l Fiscal Year. For the purposes of this agreement , the term "fiscal year// shall mean the fiscal year as established from time to time by the CITIES' being , at the date of this agreement, the period from July Ist to and including the following June 30th , Annual Financial S . Prior to January lst 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 submit such request to the board in writing. However , change requests may be made at o 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 finsncial 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 ir cons ideratYon and comment prior to final adoption of the EVTSA budget . _ Following the adoption of the EVT3A 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 0MN | TXANS , 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 unin- corporated areas served . It is desired that DMN ! TRANS provide a standardized system of fares and a uniform system of transfers , provided , however , that changes in fares be established only follow- ing notice and copies of exhibits to the governing bodies of the parties at least thirty ( 30) days prior to the proposed change . It is des / rad that changes in routes , types , and levels of service -6- / \ \ only be made upon direction of the EVTSA Governing Board subject to concurrence by affected entitie's . In the performance of its function , EVTSA shall establish and maintain close liason with OMNiTRANS, SANBAGr and with other regional , state~ and federal advisory and regulatory bodies . SECTION 8. Comptroller. The Comptroller tro ller 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 ofP rt. 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 (8) months ' notice to the other parties by resolution of intent to withdraw adopted by the legislative body of the party . SECTION 10' Winding 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 contribution 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 distribution or valuation shall be made by a panel of three ( 3) referees . One ( l ) referee shall be selected and appointed by the CITY representatives on the board and one / 11 referee shall be selected and appointed by the Board of Supervisors of the County of San -7- \ Bernardino , and the two /2\ 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 existing public transportation service . SECTION ll . By- laws , Rulesd Thereto . The Governing Board of the Authority shall 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 regulationsadoptedby - ' ~ the govermlng board may be amended a t any time by a ma 'ori ty vote of the governing board ' SECTION 12 . DMN | TQANS 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 EVT5A 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 OMN |TRANS provide staff assistance as needed. SECTION 13. SAN8AG Relationship. This agreement recognizes the subreglonal transporta- tion planning role of SANHAG and the Authority ' s position within the SAN8AG organizational plan as approved within Amendment No . 2 of the SANBAG Joint Powers Agreement . It is understood that the ' EVT3A desires that 6AN8AG 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 . -8- SECTION 15. Prior Agreements . This amended agreement sets forth the full understand- ing and agreement relating to the EAST VALLEY TRANSIT SERVICE AUTHORITY. IN WITNESS WHEREOF, the parties hereto have caused this amended 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 : ATTEST : Chairman Clerk , Board of Supervisors CITY OF COL.TON Dated : MAYOR ATTEST : City Clerk CITY OF FONTANA Dated MAYOR ATTEST : City Clerk CITY OF GRAND TERRACE Dated : ATTEST: MAYOR City Cler -�- t CITY OF LOMA LINDA Dated : ATTEST: MAYOR City Clerk CITY OF R€DLANDS Dated : ATTEST: MAYOR City Clerk CITY OF RIALTO Dated : ATTEST: MAYOR City Clerk CITY OF SAN BERNARDINO Dated : ATTEST : MAYOR Ci ty Clerk - 10-