HomeMy WebLinkAboutContracts & Agreements_33-1975_CCv0001.pdf AMENDED AGREEMENT FOR THE JOINT EXERCISE
OF POWERS RELATIVE TO THE
SAN BERNARDINO ASSOCIATED GOVERNMENTS
This agreement is entered into by and between the County
of San Bernardino, a political subdivision of the State of California,
hereinafter referred to as COUNTY, and the City of Adelanto, a muni-
cipal corporation, the City of Barstow, a municipal corporation, the
City of Chino, a municipal corporation, the City of Colton, a muni-
cipal corporation, the City of Fontana, a municipal' corporation,
the City of Loma Linda, a municipal corporation, the City of Montclair,
a municipal corporation, the City of Needles , a charter city, the
City of Ontario, a municipal corporation, the City of Redlands , a
municipal corporation, the City of Rialto, a municipal corporation,
the City of San Bernardino, a charter city, the City of Upland, a
municipal corporation, and the City of Victorville, a municipal
corporation, hereinafter referred to as CITIES.
The parties hereto declare as follows :
1. WHEREAS, each party to this agreement is a public agency
and is authorized to enter into this agreement; and
2. WHEREAS, each party to this agreement entered into and
executed a Joint Powers Agreement creating an organization '(San
Bernardino Associated Governmentsto explore and study subregional
and regional problems and to effect improved intergovernmental
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cooperation; and
3. WHEREAS, the parties now wish to amend such Joint Powers
Agreement to provide a new organizational framework allowing more
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direct participation by each of the parties ,
NOW THEREFORE, the parties hereto agree as follows :
EFFECTIVE DATE
1. This agreement shall become binding upon each party
hereto upon execution hereof by that party.
PURPOSE OF AGREEMENT
2. The purpose of this agreement is to improve and coordinate
governmental services on a subregional and regional basis through
the establishment of a cooperative association of governments .
Included within this purpose is the development of a unified and
coordinated subregional transit system.. This cooperative associa-
tion shall be known as the San Bernardino Associated Governments ,
hereafter also known as SANBAG. The San Bernardino Associated
Governments shall perform all necessary functions to fulfill its
purposes including, but not limited to, the following:
a. Serve as a forum for consideration., study.
and recommendation on subregional and regional
problems .
b. Assemble information helpful in the consideration
of problems peculiar to the various sections in-
cluded in the collective area of the association
membership.
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c. Explore all practicable avenues for inter-
governmental cooperation in the interest of
local public welfare and improve administra-
tion of governmental services .
d. Serve as the subregional transit planning
and coordinating agency and perform the follow-
ing functions :
Z, Develop the overall transit system plan
for the collective area of the associa-
tion membership.
Ii. Resolve inconsistencies and coordinate
transit schedules and routings between
service areas.
III. Conduct system planning and provide
technical planning assistance to each
. area Transit Service Authority, upon
request.
IV. Review SB 325 Article 4 claims in
accordance with SLAG (Southern California
.Association of Governments) procedures ,
provided such authority is delegated by
SLAG.
V. Determine transit priorities ; coordinate,
prepare, and submit applications for
Federal, State, or other transit support
funds which may become available.
VI. Coordinate all transit planning and
operational activities between area Transit
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Service Authorities , and with adjacent
counties, and regional, State, and
Federal agencies.
VII. Prepare, and coordinate with the operating
agencies , a unified system identity and
a comprehensive, integrated marketing
program.
COMMON POWERS TO BE EXERCISED
3. Common powers to be exercised in accordance with the
purposes of this agreement are the powers to:
a. Establish advisory committees ;
b.- Initiate studies to provide information
helpful and necessary to the consideration
of problems and proposed services to be
rendered by the parties;
C. Explore possible areas of intergovernmental
cooperation;
d. Employ agents and employees ;
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e. Incur debts, liabilities , or obligations;
f. Sue and be sued; and
g. Make and enter into contracts to accomplish
the purposes of this agreement.
Common powers shall be exercised to aid, assist, extend,
and improve the intergovernmental cooperation and information of
the parties .
ADMINISTRATION OF THE AGREEMENT
4. The San Bernardino Associated Governments is hereby
formed, and pursuant to the provisions of Government Code Section
6506, is designated as the agent to exercise the common powers
provided for in this agreement and to administer or otherwise
execute this agreement. The San Bernardino Associated Govern-
ments shall do whatever is necessary to carry out the purposes
of this agreement and shall make and enter into such contracts,
incur such debts and obligations, make assessments against its
members, and perform such other acts as are necessary to the
accomplishment of the purposes of this agreement. The San Bernardino
Associated Governments shall constitute a separate public entity
pursuant to the provisions of Government Code Section 6507.
5. The San Bernardino Associated Governments shall be
governed by a Board of Directors . The membership of the Board
of Directors shall -consist of the members of the Board of Super-
visors of the County of San Bernardino and a representative, who
shall be either the Mayor or a Councilman, from each signatory
city. Each member of the Boare. of Directors shall have a vote.
Each signatory city representative shall have one alternate who
shall be an elected legislative officer of the city, except that
the County of San Bernardino shall have five (5) official repre-
sentatives and no alternates. The alternate shall serve in an
official capacity and be entitled to vote only in the absence of
the official representative of the member city. A quorum shall
consist of a majority of the members of the Board of Directors ,
and the Board of Directors shall act only upon a majority vote
of the members present with a quorum in attendance; provided,
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however, that bylaws and amendments and such procedures- -as it
may fled appropriate to govern its functions shall require a
majority vote of the entire membership of the Board of --Directors.
TECHNICAL ADVISORY COMITTEE
6 There shall be established a Tec .cal Esc Com-'
mictee the Beard of Directors consisting cif a stra ive
regfea' tatives of the County Administrator' s Of te` dCity
A ini tratcrs City Managers from each of the c; .es.
STAFFING Z} MANAGE11ENT'
7 e re lar staffing and management cif AG shall be
separate part from any county department or icy or
employees therefrom, and from any city depar men. 's a.g cies or
employees her from. The management staff shall be selected
and appointed by the Executive Director. The Exectit irec'tor
shall be appsi ted by and serve at the pleasure of the Board of
Directors. S BAG may request assistance from the gaff-- -- of any
signatory, ` and such assistance shall not be unreasonable 'refused.
FUNDS AND PROPERTY
Treasurer of San Bernardino County ty shall maintain
in a separate trust account all funds received by-the- San -Bernardino
Asses 'ated e vents. Interest from such, funds shall e de-
posited qu rterly, Such funds shall be 'expended -only- in furtherance
of the purposes of this agreement and pursuant to procedures
therefor established by the Beard of Directors, and standard
accounting practices shall be used to accotmt for funds received
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and disbursed. There shall be a strict accountability of all
funds . The account books shall be open at all times during
normal business hours to the inspection of any authorized repre-
sentative of any party to this agreement.
The San Bernardino Associated Governments shall be operated
on a fiscal year basis beginning on July 1 of each year and con-
tinuing until June 30 of the succeeding year. A qualified audi-
tor shall be selected by the Board of Directors . The auditor
may be, but need not be, the Auditor of San Bernardino County.
The auditor selected shall perform an annual audit of the financial
operations of the Association and shall prepare a statement of
assets and liabilities , a statement of receipts and disbursements ,
and such other statements and reports as may be required by the
Board of Directors. A copy of the audit shall be disbursed to
the parties to the agreement.
Prior to May 15 of each year, the Board of Directors shall
adopt a final budget for the expenditures of the Association
during the next fiscal year.
FINANCING AND BUDGET
9. It shall be the responsibility of the Executive Director
to prepare an annual working budget to be submitted to the Board
of Directors for its consideration. The Board of Directors
shall determine and approve the final budget for the year.
During the period that the 1956 sales tax bond redemption
agreement between County and contributing Cities remains in effect,
general funds for the administrative costs and operation of
SANBAG shall be provided by County from those sales tax revenues
contributed under such agreement which are in excess of bond
redemption requirements. Any signatory Cities not participating
in the sales tax bond redemption agreement shall make pro-rata
contributions to the SANBAG budgetary requirements computed by
the formula set forth in Paragraph 10 of this agreement, or
such other formula as may be agreed upon by all the parties .
Upon termination of the 1956 sales tax bond redemption
program, contributions of all parties hereto shall be computed
by the formula herein before referred to.
ASSESSMENTS
10. In reviewing the budget, the Board of Directors shall
determine whether additional assessments appear to be necessary.
If so, such additional assessments shall be computed on a formula
whereby one-half of such assessment shall be based on the popula-
tion of each signatory member and one-half on the assessed
valuation of each signatory member, the County' s share being
based on the population and assessed valuation within the unin-
corporated territory only. Each party shall be informed of its
estimated assessment by April 1. After the final budget becomes
effective, the Board of Directors shall determine the precise
amount of the additional assessment, if any may be necessary,
and the parties shall be so informed. Assessments shall be payable
on or before August 1 for the fiscal year starting July 1.
In addition to the additional assessments as computed in
the preceding paragraph, advances from the public funds of the
parties hereto may be made for the purposes set forth in this
agreement. When such advances are made, they shall be repaid
from the first available funds .
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The Board .of Directors shall have the power to authorize
utilization of personnel, equipment, or property of one or more
of the parties to this agreement in complete or partial satis-
faction of such party' s obligations to pay assessments or make
advances.
All assessments or other monetary obligations hereunder
shall be paid to the Association and shall be authorized for
expenditure by a majority vote of the Board of Directors in
connection with the adoption of the annual budget.
ADDITIONAL PARTIES
11. Any incorporated city within San Bernardino County or
adjacent county or portion of a county and/or incorporated city
therein may join the Association. Any such jurisdiction so
joining shall become a member subject to the terms of this agree-
ment and shall be entitled to representation on the Board of
Directors as provided herein. The Board of Directors shall
establish such conditions for entry into the Association as
will be fair to the new member and to all- other members to this
agreement. The governing board of the jurisdiction that §eeks
to join the Association shall subscribe to this agreement.
WITHDRAWAL
12. Any party hereto may withdraw from the Association by
resolution of its governing body. Such withdrawal shall be made
prior to May 1 of any year and shall be effective only as of
July 1 of the year withdrawal is made. If the debts and obliga-
tions of the Association exceed its assets and anticipated income
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at the time of withdrawal, withdrawal may be effected only after
payment by the withdrawing party of its proportionate share of
the net debt and obligations of the Association.
TERMINATION
,13.—This agreement may be terminated by resolutions, of the
governing board of a majority of the parties to this agreement.
The decision to terminate must be made prior to May 1 of any year.
Termination shall become effective only upon July I of the year
termination is voted. Upon termination, all such claims against
the Association shall be paid and the remaining assets distributed
among the parties who have been members of the Association in
proportion to the total contributions made by such parties to
the Association.
COUNTY OF SAN BERNARDINO
Dated:
Chairman, Board of Supervisors
Attest:
Cleik--o-f the BoarU
CITY OF ADE TO
Dated:
Mayor
Attest:
My Clerk
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CITY OF BARSTOW
Dated:
Mayor
Attest:
My Clerk
CITY OF CHINO
Dated:
Mayor
Attest:
City Ger
CITY OF COLTON
Dated:
Mayor
Attest:
City Clerk
CITY OF FONTANA
Dated:
Mayor
Attest:
.ty Clerk
CITY OF LOMA LINDA
Dated:
Mayor
Attest:
Uty Mrk
CITY OF MONTCLAIR
Dated.
Mayer
Attest.
. . . . . . . . . . . . . . . . . . . . . . . . .
My Clerk
CITY OF NEEDLES
Dated:
Attest.
My C er
CITY OF ONTARIO
Dated;
Mayor
Attest:
ity er
CITY OF REDLANDS
Dated: %- }
Attest:
6—i ��w
e
CITY OF RIALTO
Dated.
Mayor
Attest:
City C. r
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CITY OF SAN BERNARDINO
Dated:
Mayer
Attest:
City Clerk
CITY OF UPLAND
Dated:
or
Attest:
City Clerk-
CITY
erCITY OF VICTORVILLE
Dated
Mayor
Attest:
City Clerk
AKM: dd
9/10/75
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