HomeMy WebLinkAboutC00-515 - 3rd Amndmnt JPA- Weighted Voting CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: REQUEST FOR APPROVAL OF THE THIRD AMENDMENT TO THE SUNLINE
JOINT POWERS TRANSPORTATION AGENCY AGREEMENT - DELETING
"WEIGHTED VOTING" FROM SECTIONS 3(G) AND 3(H) THEREOF
(CONTRACT NO. C00-515)
SUBMITTED BY: City Clerk's Office
DATE: March 14, 2013
CONTENTS: • Staff Report
• Letter from SunLine Transit Agency
• Third Amendment ,
• Copy of Complete SunLine Joint Powers Agreement (including the 1St & 2"a
Amendments) (C00-515)
Recommendation
By Minute Motion, approve the Third Amendment to the SunLine Joint Powers
Transportation Agency Agreement and authorize the Mayor to execute same.
Background
In May 1977, the County of Riverside and Cities of the Coachella Valley entered into the subject Joint
Powers Agreement (JPA) in order to collectively provide for a public transportation system. Since that
time, the JPA has been amended twice in 1991 in order to incorporate provision for the regulation of
taxicabs as they relate to an overall public transportation system locally.
As stated in the attached letter from SunLine Clerk of the Board Carolyn Rude, on January 23, 2013,
the SunLine Transit Agency Board recommended its member agencies approve the Third Amendment
to the JPA. Its purpose is to delete "weighted voting" from the original agreement, and this deletion is
recommended because it is no longer possible to calculate each member agency's weighted vote.
Fiscal Analysis
There is no direct fiscal impact to the City by approving the subject Third Amendment to the SunLine
Joint Powers Transportation Agreement.
Submitted by� R iew d:
R chelle D. Klassen, M , City Clerk I S. Gibson, Director of Finance
� ;' CITY COVNCTLA i0�1
; p p ro e : ,' APPROVED ,,,,,,,D�p
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f'���\` RECEIVED OTHER.��..,.
J n . Wohlmuth, City Manager MEE G DATE
�k AYES � /�
NOES:
�� ABSENI:
Attachments (as noted) ABSTAIN:
VERIFIED BY:
Original un File with Ci lerk's Office
u� ��e RECEIYED o
CITY CLERK'S OF�10E
TBANS/ T ACENCY PALN D�.`=��?'i . CA
�MEMBERS: Desert Hot Springs Palm Springs Cathedral City Rancho Mirage
�� p� ��� _Pplm Desert Indian Wells La Quinta Indio Coachella Riverside County
nn�ATC�C:U��'�di
A Public Agency
February 16, 2013
Rachelle Klassen, City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Dear Ms. Klassen:
On January 23, 2013, the SunLine Transit Agency Board of Directors recommended
that its member agencies approve the Third Amendment (the "Third Amendment") to the
SunLine Joint Powers Transportation Agency Agreement (the "Agreement") attached to
this letter. The purpose of the Third Amendment is to delete "weighted voting" from
Sections 3(G) and 3(H) of the Agreement. This deletion is recommended because it is
no longer possible to calculate each member agency's weighted vote.
Weighted voting, as contained in the Agreement, allocates votes to each of SunLine's
member agencies based upon each agency's "number of annual transit service hours
requested by that respective party as reflected by the SunLine budget for the then
current fiscal year." Weighted voting entitles each Board member to vote one vote for
each annual transit service hour budgeted for the party which the member represents."
(Agreement, Section 3(G).) Transit service, however, is not provided based upon
requests for service hours by member agencies. Moreover, transit service in the Valley
is neither allocated nor accounted for based upon service hours in any particular
jurisdiction. It is consequently impossible to calculate any member's "weighted vote" as
provided for in the current Agreement. The Board of Directors therefore has
recommended that the Agreement be amended to eliminate the anachronism of
"weighted voting."
The Board of the SunLine Transit Agency has requested that each member agency
agendize the Board's recommendation that the member agency adopt the Third
Amendment to the Agreement at an upcoming agency meeting.
Please contact me upon approval of the Amendment. I will then arrange to obtain a
signature from the Mayor on our original document.
Should you have any questions concerning this matter, please do not hesitate to contact
General Counsel for SunLine Transit Agency, Jeff Goldfarb, at (714) 641-3488.
Si erely,
I�
arolyn Rud
Clerk of the Board
32-505 Harry Oliver Trail,Thousand Palms,California 9�276 Phone 760-343-3456 Fax 760-343-3845 www.sunline.org
THIRD AMENDMENT TO
SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT
THIS THIRD AMENDMENT TO SUNLINE JOINT POWERS TRANSPOR-
TATION AGENCY AGREEMENT (the"Third AmendmenY') is made and entered into by and
between the COtTNTY OF RIVERSIDE, the CITY OF COACHELLA, the CITY OF INDIO, the
CITY OF LA QUINTA, the CITY OF INDIAN WELLS, the CITY OF PALM DESERT, the
CITY OF RANCHO MIRAGE, the CITY OF PALM SPRINGS, the CITY OF CATHEDRAL
CITY, and the CITY OF DESERT HOT SPRINGS (collectively, the "Parties"), and any other
public agencies which subsequently become Parties to the Agreement. This Third Amendment is
made and entered into on the date last executed by the Parties hereto.
RECITALS:
A. The SunLine Joint Powers Transportation Agency Agreement (the "Ageement")
was made and entered into on or about May 20, 1977.
B. The First Amendment to the Agreement (the "First AmendmenY') was made and
entered into by and between the Parties in June 1991.
C. The Second Amendment to the Agreement (the "Second Amendment") was made
and entered into by and between the Parties in or about October 1991.
D. When originally enacted, the Agreement provided a mechanism whereby a
SunLine Transit Agency Board Member (a "Board Member") could require "weighted voting"
for any item coming before the Board. Such weighted voting was based upon "the number of
annual transit service hours requested by each party to the Agreement as reflected by the
SunLine budget for the then current fiscal year."
261/024041-0002
4779509.1 a01/30/13
E. Subsequent to the adoption of the JPA, the mechanism for establishing transit
service through each member agencies' various jurisdictions has changed such that the Parties no
longer request annual transit service hours. As a consequence, weighted voting as provided for
in the Agreement is no longer viable.
F. The Parties therefore desire to enter into this Third Amendment to eliminate all
references to weighted voting.
NOW THEREFORE, the Parties hereto, for and in consideration of the mutual promises
and covenants contained herein, HEREBY AGREE AS FOLLOWS:
AGREEMENT:
SECTION 1: Section 3G "VOTING" is hereby amended to read in its entirety as
follows: "Each member of the Board shall have one vote."
SECTION 2: Section 3H "QUORUM, MAJORITY VOTE" is hereby amended to read
in its entirety as follows:
"(1) uorum: The number of inembers sufficient to constitute a quorum shall
be fifty percent(50%) of the total number of Parties to SunLine plus one (rounded
to the nearest whole number). The Board may take no official action in any
instance where less than a quorum is present.
(2) Majorit.�:
(a) Adoption of by-laws, amendment of by-laws, adoption of annual
budget, and such other matters as the Board may designate shall require a
majority vote of the entire membership of the Board.
(b) All other actions taken by the Board shall require a majority vote
of the quorum in attendance.
261/024041-0002
4779509.1 a01/30/13 -2'
(c) An abstention shall be considered neither an affirmative nor a
negative vote, but the presence of the member abstaining shall be counted in
determining whether or not there is a quorum in attendance. All other actions
taken by the Board shall require a majority vote of the quorum in attendance.
SECTION 3: Except as so expressly amended, the JPA, as modified by the First and
Second Amendments, shall remain in full force and effect as executed by the Parties thereto.
IN WITNESS WHEREOF, the Board of Supervisors of the COUNTY OF
RIVERSIDE, and the City Councils of the cities of COACHELLA, INDIO, LA QUINTA,
INDIAN WELLS, PALM DESERT, RANCHO MIRAGE, PALM SPRINGS, CATHEDRAL
CITY, and DESERT HOT SPRINGS have each authorized execution of this Third Amendment
as evidenced by the authorized signatures below.
COUNTY OF RIVERSIDE
By:
President, Board of Supervisors
ATTEST:
By:
County Clerk, County of Riverside
APPROVED AS TO FORM:
By:
County Counsel, County of Riverside
261/024041-0002
4779509.1 a0]/30/13 '3'
CITY OF COACHELLA
By:
Mayor
ATTEST:
By:
City Clerk, City of Coachella
APPROVED AS TO FORM:
By:
City Attorney, City of Coachella
CITY OF INDIO
By:
Mayor
ATTEST:
By:
City Clerk, City of Indio
APPROVED AS TO FORM:
By:
City Attorney, City of Indio
CITY OF LA QUINTA
By:
Mayor
ATTEST:
By:
City Clerk, City of La Quinta
APPROVED AS TO FORM:
By:
City Attorney, City of La Quinta
261/024041-0002
4779509.1 a01/30/13 '4'
CITY OF INDIAN WELLS
By:
Mayor
ATTEST:
By:
City Clerk, City of Indian Wells
APPROVED AS TO FORM:
By:
City Attorney, City of Indian Wells
CITY OF PALM DESERT
By:
Mayor
ATTEST:
By:
City Clerk, City of Palm Desert
APPROVED AS TO FORM:
By:
City Attorney, City of Palm Desert
CITY OF RANCHO MIRAGE
By:
Mayor
ATTEST:
By:
City Clerk, City of Rancho Mirage
APPROVED AS TO FORM:
By:
City Attorney, City of Rancho Mirage
261/024041-0002
4779509.1 a01/30/13 -5-
CITY OF PALM SPRINGS
By:
Mayor
ATTEST:
By:
City Clerk, City of Palm Springs
APPROVED AS TO FORM:
By:
City Attorney, City of Palm Springs
CITY OF CATHEDRAL CITY
By:
Mayor
ATTEST:
By:
City Clerk, City of Cathedral City
APPROVED AS TO FORM:
By:
City Attorney, City of Cathedral City
CITY OF DESERT HOT SPRINGS
By:
Mayor
ATTEST:
By:
City Clerk, City of Desert Hot Springs
APPROVED AS TO FORM:
By:
City Attorney, City of Desert Hot Springs
261/024041-0002
4779509.1 a01/30/13 '6'
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Section Page
;�I RECITAL
$ PURPOSE 1 1
e� AUTHORITY 2 2
5 BOARD OF DIRECTORS 3 2
6� MEMBERSHIP 3A 2
7 ! ALTERNATE 1�.I�IDERS 38 3
8 OFFICERS 3C 3
9 POWERS � 3D 4
l0I MEETINGS . 3E 5
� 11� FUNCTIONS 3F 5
12� VOTZNG 3G 6
13I QUORUM 3H 6
14I GENERAL MANAGER
� 4 7
15� CONTROLLER 5 �
16i TREASURER 6 $
17 BONDING � 7 9
18� FISCAL YEAR g �
19 � FINANCIAL� SUPPORT 9 g
20I ADDI TIONAL PARTIES 1Q 10
21 �� 11 10
22 PP.RTIAL INVALIDITY 12 11
23 P�TIES ' LIABILITY 13 11
24 SUCCESSORS . 14 11 '
25 ASSIGNABILITY 15 12
26 WI TI�R.AWAL OF PARTY 16 12
27 NOTICE 16A 12
28 CAPITAL REIMBURSEMENT 16B 12
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2
Section Page
3) TERMINATION 17 15
4i DISTRIBUTION OF ASSETS UPON TERMINATION 1$ 15
5 I IMPLEMENTATI ON 19 16
6i ORGANIZATIONAL MEETING 19A 16
7i TRANSFER QF ASSETS 19B 17
8 PROVISIONS OF TRANSIT SERVICE ],gC 18
9 EMPLOYEES ' 19D 19
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1 SVNLINE JOiNT POWERS TRANSPORTATION AGENCY AGREEMENT
2 THIS AGREEMENT is entered into by and between the County
3 of Riverside and the CoacheZla Valley Cities which are pa=ties to
4 this Agreement and other public agencies which subsequently become
5 Members of SUNLINE. For purposes of this Agreement, the Coachella
6, Valley area is defined as the territory within the boundaries of
I
�i the Palm Springs and Desert Sands Uhified School Districts and tha
$i portion of the Coachella Unified School District located within
9i Riverside Count�t. AlI parties to this Agreement are governmental
l0I entities in the COUNTY OF RIVERSIDE, STATE OF CALIFORNZA:
lli W�g�S, the County of Riverside (hereinafter referred
12i to as the "Couaty") and the Coachella Valley Cities and public
13i agencies which are p arties to this Agreement (hereinafter referred
14i to as "Cities") have a mutual interest in establishing and impleme t
15i ing a public transit system to serve all the parties; and
i •
16' �g�S, the County and the Cities wish to coordinate
17 transit efforts by creating a single umbrella agency to provide
18' transit services as requested by the parties of this Agreement.
�
19 � NOW, THEREFORE, the County and Cities which are parties
20 to this Agreement, for and in consideration of the mutual promises
21 and agreements herein contained, do agree as follows :
'22 SECTION 1. PURPOSE OF THE AGREEMENT.
23 Each party to this Agreement has the power to own,
24I maintain and operate a public transportation system. Under
25 authority of Title 1, Division 7, Chapter 5, of the Government
26I
Code (Section 6500 et seq. ) the garties desire, by joint exercise
27 of their common power, to create and constitute a new public �
28 '
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ll transportatioi. entity, separate and distincr fram each of the
2 parties, to be known as "SUNLINE". SUNLINE shall own, maintain,
3I o er te and
p a administer a public transportation system. SUNLINE
4! shall serve as a unif in
I y g umbrella agency to coordinate transit
5I service requested by parties to this Agreement throughout the.
� � Coachella Valley and to provide such service either directly or
7I
through contract with other operators. SUNLINE shall initially
8I
iabsorb. all capital assets, either acquired or approved for
9) acquisition, as :specified b the
y parties to this Agreement.
10� SUNLINE shall provide a standardized system of fares, .a universal
lli system of transfers and transit services, and facilities for the
12� benefit of the citizens of the parties to this Agreement. The
13i
I expertise, efficiencies and economies resulting from the joint
14i effort, coupled with the acquisition of available financial and
1�� technical assistance ro rams, will
P g provide the impetus to
16 S�I� to develop and expand Coachella Valleywide public transpor a-
17 tion operations .
18 SECTION 2 . AUTHORITY.
19
Pursuant to Section 6500 et seq. , of the California
20 Government Code there is hereb created a
y public entity to be
21 known as "SUNLINE", a public entity separate and apart from the
22
individual parties to this Agreement. ,
23
SECTION 3. BOARD OF DIRECTORS .
24 SUNLINE shall be administered by a Board of Directors �
25
(hereafter "Board") representing each of the parties to this
26 agreement.
27
A. MEMBERSHIP OF THE BOARD
28 ,
Each par ty to this Agreement shall be authorized to appoint
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Z and shal_ 1ppoint one member of the i .ard as follows :
2 1) Each mtuiicipality shall appoint as its
3 respective Board member a member of its City
4i Council;
5 2) The County of Riverside shall appoint as its
6i member to the Boarc� a member of the County of
7 Riverside Board of Supervisors.
8 3) Any other public agency participating in
9 tY�is Agreement shall appoint as its member to
l0I the
� Board a member of its legislative gvverning
lll body.
12i The members so appointed shall be known as primary member s .
13I .
14 i B. ALTERNATE MF.�tiIDERS TO � BOARD
15 � Each party to this Agreement shall appoint an alternate
�
16 � mecnber to the Board to serve in the absence of that par ty's
17 primary member.. � Alternate members sha 11 be appointed
18 subject to the same criteria as primary members, as set forth
19 in subsection A., above.
20 C. OFFICERS_ . '
__
21 At its organizational meeting, the Board shall elect from
22I among its members a Chairman and a Vice-Chairman to serve for a
23 term expiring at the end of the fiscal year ending June 30.
24 Upon the expiration of the first term, and periodically there- �..
25 after, the Board shall elect, from among its members, a Chairman
26 and Vice-Chairman ta serve for one year terms, said terms e}cpiring
2? at the end of each fiscal year.
28 The Board shall have the authority to appoint or employ
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1 such vther officers, employees, consultants, advisors and
2 independent contractors as it may deem necessary.
3 D. POWERS
4� The SUNLINE Board shall have the common power of the parties,
� 5 hereto, to own, operate and maintain a public transit system.
6 In the exercise of said power under the Agreement, SUNLINE is
I
7'
I authorized in its own name to:
8I 1) Sue and be sued;
S 2) Eniploy agents and employees and contract for
.101 professianal services;
11� 3) Make and enter contracts;
12i 4) Acquire, convey, construct, manage, maintain and
13i operate buildings and improvements;
14� 5) Ac ire and conve real and p p y;
( � y personal ro ert
i ,
15: 6) Incur debts, obligations and liabilities, provided,
ii
16i however, the debts, obligations and liabilities
17 incurred by SUNLINE shall not be nor shall they be
18i deemed to be, debts, obligations, � or liabilities
19) of any party; �
20
7) Invest funds not required for immediate use as
21 the Board determines advisable -- in the same manner
221 and upon the same conditions as other local entities
23 in accordance with Section 53601 of the Government
24 Code; and
25 8) Do all other acts reasonable and necessary to
26 carry azt the purpose of this Agreement.
27 Such pow�rs are subject to t he restrictions of law as apply
28 to the exercise of same owers b an of
P y y parties to this Agreement
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1 E. MEETINGS
----_.__
2 1) Regular Nleetincrs
� 3 Trie Board shall establish a time and place .
4 for regular meetings; provided, however, that
5 meetings shall be held at least once each fiscal
6i quarter, and more often as the need may arise.
7I 2) Ralph Brown Act
8'
All meetings of the Board shall be conducted
9 in accordance with the provisions of the Ralph M.
10 grown Act, as amended (Government Code, Section 54950
11 I et seq. )
12iF. FUNCTIONS
13 �e Hoard shall perform the following functions:
I
14I 1) Adopt the budget;
15;
2) Appoint the General Manager;
16I 3 A oint
) pp advisory committees as deemed necessary;
1?
4) Establish policy, including, but not limited to:
18 ' • a) Uniform fares;
19
b) Marketing;
20 • �
� �) User information;
21
d) Uniform system of transfers; and
22
. e) Transit services, facilities and operations.
23
5) Adopt rules and regulations for the conduct of
24 business; and
25
6) Approve contracts and perform such other functions
26
as requ ired to accomplish the purposes of this
27
Agreement.
28
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1 G. �vTI NG
2 Each member of the Board shall have one vote, provided,
3 however, that upon the call of any member, weighted voting shall
4 be used. The basis for determining weighted votes of each party
5 shall be the nua�ber of annual transit service hours requested by
6: that respective party as reflected by the SUNLINE budget for the
7I then current fiscal year. Weighted votin entitles e c
g a h Board
8 member to vote one vote for each annual transit service hour
9 budgeted for the;-party which the member represents.
10 The weighted votes of any SLTNLINE member shall not be split.
� 11iThe weighted vote of any single member shall not of itself con-
12istitute a majority vote.
13 I H. Q UORUM, MA„TORI TY V OTE
I
14' 1) uorum; The number of inembers sufficient to constitute
!
i
15. a quorum shall be fifty per centum (50�) of the total number of
16iparties to SUNLINE plus one {rounded to the nearest w
hole number) .
17 The Board may take no official action in any instance where less
18 � than a quorum is present.
19 2) Majority Vote:
20 a) Adoption of By-laws, amendment of By-laws, adoption
21 of the annual budget, and such other matters as the Board may
22 designate shall require a majority vote of the entire membership
23 of the Board. When weighted voting is called for, this provision
24 shall require a majority of total votes of all parties to this
25I greement.
26I
� b) All other actions taken by the Board shall require a
27 � ajority vote of the quorum in attendance, or a weighted majority
28 ote of that quorum if so called. �
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1 c) .�, abstention shall be consiaered neither an
2 affirmative nor a negative vote, but the presence of the member
3 abstaining shall be counted in determining whether or not there is
4 a quorum in attendance.
5 SECTIOI� 4. GENERAL M�NAGER.
6i There shall be a General Manager of SUNLINE, the
? General Manager shall be recruited in a method as determined by
8 the Board of Directors. The General Manager shall be responsible
9 for carrying out ;the policies and directives of the Board. The
10 General Manager shall:
� 11 i, prepare and submit to the Board the annual Administrative,
I
12i Operations and Capital Expenditure budgets as provided in SECTION
13 9 (FINANCIAL SUPPORT) ;
I
14� ii. Appoint, assign, direct, discipline and remove SUNZINE
15� e�ployees subject to the personnel rules adopted by the Board;
16I iii. Advise the Board on all matters relatin to the
g
17 operation of SUNLINE and the various programs of work, promotion
18 and expansion; - .
19I •�
i . Provide periodic financial reports covering SUNLINE
20 operations in the manner and at the times determined by the Hoard;
21 v. Approve for payment, under the procedure adopted by the
22 Board, all valid demands against SUNLINE.
23 SECTION 5. CONTROLI�ER, FINANCIAL STATEMENTS .
24 The Auditor-Controller of the County of Riverside is -
25 ' designated the Controller of SUNLINE. The Controller shall d raw
26 warrants to pay demands against SUNLINE as approved by the SUNLINE
2� General Manager. The Controller shall keep and maintain records
28 and books of account according to normally accepted accounting
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1 procedures and approved by the Board. The books of account shall
2I include records of assets, liabilities and contributions
made by
3 each party to this Agreement.
4 The SUNLINE Controller shall prepare a financial state-
5 ment of SUNLINE in �7vly and January of each year. The statement
6� shall reflect SUNLINE transactions from January through ,Jtine and
7 I frcam ,Tuly through December of each year. When such a financial
8 statement has been prepared, distributed, and approved by the Board
9 it shall be used ;to determine capital investment contribution
10 amounts.
11 I
12) SECTION 6 . TREASURER
(
13i The Treasurer of the County of Riverside is designated
14i the treasurer of SUNLINE to be the depositary and have custody of
15 all the money of the agency from whatever source. The treasurer
16� shall:
1? i. Receive and receipt for all money of SUNZINE and place
18 it in the County of Riverside treasury to the credit of SUNLINE;
19 ii. Be responsible upon his official bond for the safekeeping
20 and disbursement of all SUNI,,INE monies; �
21 iii. pay when due all sums payable on outstanding bonds
22 and coupons of SUNLINE, if any;
23 iv. Pay any other sums due from SUNLINE, or any portion
24 thereof, only upon warrants of the SUNLINE Controller; and
25I v. Verify and report in writing on or promptly after the
26 first day of July, October, January and April of each year to
27 SUNLINE, and each of the parties to this Agreement,
28 '�
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the amount of money held fvr SU1�TI,rNE� the amount of
I
� ZI r�ceipts durinq the precradin caiez�dar
g guarter and the
3 �amount paid out durin the
9' precedinq calendar quarter.
"`�" SECTION 7, BONDTNG.
5 �� public officers and persons who have charge of ha
6� or have accsss to any propert of g � ndl�
t y UNLINE sha1Z file an official
7I bond in accordance with Seetion 6505 .1 of the California
8 Goverrunen t Code.
9I �
I SECTION 8. FISCAL YEAR.
l�i For the purpaSes of this Agreement, the term "Fisc
1�j al Year"
I shall mean t.he twe�,ve (12) month periad from �Tuly 1 to and inc1ud-
1� i ing the following �7tzne 30. �
�'3 SECTION 9.
FrNANCIAL SUppORT.
14� At the time of a
pproval of SUNLINE�g annual Administratzv
�5` Operations and Capital Ex�enditure Budget, tne Board sha
i
lb � 11 determi E
the amount of financial support to be prova.ded by SUNLINE Members
17 as �ollows; .
I8 A- ADMI1vISTRATYVE EXpENSES shall be a
19 pportioned to
each pazty to this Agreement in �roportion to its
�� re9pective annual transxt service hours, or b an
21 y y
other equitable basis established by the Board. •
2Z� 8• aPERATIONAL EXPE�tSES shal� be charged annua
23 lIy to
each party to this Agre�ment based upon its respective
24 annual trans�t service hours, or by any nther e u ' t
2� q i able
basis established by the Board.
�6 C. CAPITA,L EXPENDZTG-�gES shal]. be char ed to
,�7 J such party
or parties to this Agreement as desire to inczease their
28 � respective capital assets .
SVLL A I
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R. C�l.1/O�INIA I .
MAR- 2-94 WED 16� 12 SUNLINE TRAhSIT FAX N0. 6193�33845 P, O1
. '
�
�, • D, pTf�R EXPENSES incurred by SUNL3NE, due to any
2 request by any party to this Agreement resulting in an
3 unusually large, unanticipated operational or adminis�rative
4 expense, sha21 be charged to that party.
5 SECTION �.0. ADDITIOAtAL PARTIES .
5 Any local pub lic agency with the power and authority to
7� d aintain a transportation system may �oin SUNLINE,
Iown, operate an m
8 if not otherwise contr ary to law. Any such agency so joining
�
9I ehall become a party subject to :
l0i i . Approval of the Hoard;
I� ii . Acquisi.ticn of at least $25, 000 .00 of capital assets.
12 Assets may be acquired in satisfaction of this provision either
�3� by purchasing capital assets from an existing party, ar by
14I contributing funds in li.ke amount to the capital asset accounk
�5� of SUtvLZNE. Nothing in this provision shall be construed to
16) alZow any party to reduce its capital contxibution to less than
1�� 25 000.00;
. $ ,
18 iii. Execution of this jaint powers agreemen� as
lg then constituted; and "
20 iv. Such other terms and condition� as may then be
21 app licable to all othEr parties to this Agreement.
22 Any such agency meeting the abova condition� shall be entitled to
23 representation on the Board as provided in SECTION 3 . BOARD OF
24 DIRECTORS, supra.
25 SECTS ON 11 . TER.'�i.
26 This Agreement shall become effective on Ju2y 1, 197?,
�� and shall continue in force unti�. terminated as providEd in
2a
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1 SECTION 17. TERMINATION, infra.
'Z SECTIQN 12. pARTIAL INVALIDITY.
� If any one or more of the terms, provisions, promises,
4` covenants or conditions of this Agreement shall to any extent be
5 adjudqed invalid, unenforceable, void or voidable for any reason
6i whatsoever by a Court of competent jurisdiction, each and all of
� the remainin terms,
I g provisions, promises, covenants and condition
8�
of this Agreement shall not be affected thereby, and shall be
9 valid and enforceable to the fullest extent permitted by law
l0I unless such partial invalidit substantiall
Y y prejudices the rights
11� of any parties to this Agreement.
12�
� SECTION 13. PARTIES' LIABILITY.
13j �e parties to this Agreement, whether individually
14iI or collectively, do not assume, nor shall an art or
y p y parties be
15 ii d��ed to assume, liability for:
16; i, p,ny act of SUNLINE or for any act of SUNLINE
17I
agents or employees;
18 ii. The payment of wages, benefits or other compensation
19
� to officers, agents or employees of SUNLINE; or
20� � .
iii. The payment of workers' compensation or
21
I indemnity to agents or employees of SUNLINE for
22) injury or illness arising out of performance of this
23iAgreement.
24 I ,
SECTION 14. SUCCESSORS.
25 �
Insofar as the rights and obligations created under this
26
Agreement can be assigned, delegated, transfered or encumbered by
27
the respective parties hereto within the limitations of all
28 '��
applicable law, both public and private, the terms of this
T. SULLIVAN, JR.
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H�o�. G��.i/o�raw �11 �
1
I
1 Agreement shali be binding upon and inure to the benefit of the
�I successors of each or any party hereto.
3I SECTION 15. ASSIGNAHILITY.
4 Subject to such conditions as may be imposed by law or
5 imposed by any State or Federal entity which has provided financia
6I assistance to SUNLINE, any or all rights and property subject to
'li this Agreement may be assigned to facilitate the purpose of this
8' Agreement. Any assignment shall require unanimous written consent
9 of all pazties to this Agreement at the time of assignment. Such
_ 10 consent must be unani.mous as to both the assignment, and the terms
. I
lli thereof.
12i Assignment of any interest under this Agreement, whether
13i in whole or in part, except as provided in this section is void-
14� able at the discretion of the Board and is void if in conflict
15� with any condition or provision of any grant in aide from other
�
16� than a party hereto. �
1? SECTION 16. WITfIDR.AWAL OF PARTY.
18 A. NOTICE • ' �
19 �� Any party to this Agreement may withdraw here from as
�
201 of the first day of �7tiily of any year; on at least six
21) months prior notice. Notice of intent to withdraw shall be served
�
22i by delivering to the Board of SUNLINE a certified copy of a
23' Resolution of Intent to Withdraw, adopted by the legislative body
24 of the party withdrawing.
25 ' B. CAPITAL REIMBURSEMENT.
26 ) Inasmuch as a '
c pital contributions credited to a particula
Z'� party may have derived from any of a number of s ources, each
28 source having possibly different regulations and conditions as
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], to use of the _spital items the following guidelines for reia�burse
Z ment of capital items ar e to be followed insofar as not in conflic
3 with those regulations or conditions.
4 1) Capital contributions made from a withdrawing
5� party's own funds sha 11 be reimbursed as follows:
6� a) A withdrawing party shall be compensated
? for its total �capital investment contributed,
8 less depreciation;
9 b) A withdrawing party shall be compensated
r'
10 for the accumulated reserve for replacement
� lll contributed by that ar t . Reimbursement
P Y
12I shall be made either b re ur
y t n of the particular
13 capital assets contributed or by payment of
14i equivalent cash value, at the Board' s discretion.
15• Cash payments in reiinbursement may be made in '
1� installment payments over a pe'riod of time not
17 to excegifive years, in a manner to be determined
18 - by the Board.
19 2) Capital contributions made in a party's behalf from
20I other than that party shall be .distributed as follows :
21 a� Capital contributions made in behalf of a
22 party from another subject to no regulations or
23 conditions shall be turned to the withdrawing
24 party.
25 b) Capital contributions made in behalf of a
26 party from Urban Mass Transportation Act grants
27 � for Project No. CA-03-0095 shall be reimbursed
28 as follows : ,
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A LI�I��R• �1D6. �13�
l�l/D�. C�LIAOAMIA
I
1 (1) For capital assets costing less
2 than $50,000 and for buses for a per iod
3I of 10 years or less from the date of
4' purchase and for capital assets costing
5 $50,000 or more for a period of 20 years
6' or less from the date of purchase, the
�) followin ideli es
g gu n apply;
8 If during the above stated periods, any
9 facilities or equipment are, caused by a
10 '
! party' s withdrawal, not to be used in the
� 11 � jnanner originally contemplated when the Urban
12I
Mass Transportation Capital Grant Contract
13I
� was made, or are withdrawn from mass trans-
�
14i portation service, SUN'LINE shall immediately
i
15 : notify the Unit ed States of America, Department
�
16i o t Transportation, Urban Mass Transportation
l�) Administration (hereafter UMTA) of such fact
18' and shall remit thereto a proportional
19I �
, amount of the fair market value, if any,
20 of such facilities or eguipment determined
21 on the basis of the ratio established in the
22� Capital Grant contract. For the purpose of
23 this provision, the fair trarket value shall
24 be deemed to be the value of the facilities
25 or e ui ment as determined b
q p y �)competent
26 appraisal conducted as soon after such
2? withdrawal or other use occurs as feasible or
28
(b) the actual proceeds from the public sale
r T.SULLIVAN, Ja.
:ouN7r Cour�scL
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CA710t. GAliIO1�N1•
�
1 of such property, whichever is approved
2 by UMTA.
� 3I � (2) Beyond the above specified time limits
4 for the above specified assets, re�.mbursement
5 for such assets shall be made as if the
6� assets were from the withdrawing par ty's own
� funds, pursuant to subsection B. 1) , above.
8 c) Capital contributions made in behalf of a party
9 by another subject to regulations and conditions,
,
10 , shall be reimbursed according to appendant reimburse
� 11� ment provisions, or in absence thereof, shall be
12 turned to the contributing agency.
13 SECTION 17. TERMINATION. ,
14i The provisions of public transportation service being of
15iI paramount importance, termination of this joint power agency shall
16!� be effected in the manner calculated to cause the least disruption
1? of then existing public transportation service as is practical.
18� This Agreement may be terminated before the end 'of the
19 second fiscal quarter of any fiscal year upon mutual agree,enent of
20 all parties hereto. In order that a �systematic wind-up or transfe
21 of public transportation services may take place, termination shal
� 22� not become effective nor shall SUNLINE cease to operate public
23 transit service for 6 months thereafter or until the end of the
24 second fiscal quarter succeeding the quarter in which the
25 � decision to terminate is made.
26i SEC
TION 18. DISTRIBUTION OF ASSETS UPON TERMINATION.
27 � If this A ree e
g m nt is terminated by any method whatsoever,
28 all c�ital assets owned by SUNLINE shall be di5tributed according
'.T,SULLIVAN, �q,
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tws�oi, e���roww�•
I
1 to the provisions of Section 16, subsection H. All other assets,
2 subject to conditions o= restrictions shall be distributed accord-
3 ing to those conditions or restrictions.
4 Any other remaining assets shall be distributed to the
5I parties in same proportion as that reflected in their respective
6� accumulated capital contribution accounts to the total accumulated
? capital contribution. Assets may be distributed in kind or in
8 equivalent cash value, in the Board's discretion.
9 If the parties cannot agree as to the valuation of
10 praPerty or to the manner of its distributi on, the distribution or
� lli valuation shall be made by a panel of three (3) referees. One
1�I (1) referee shall be appointed by the ob 'ectin entit
7 g y (ies) and
13i one (1) referee shall be selected and appointed by the Board, and
14� thosereferees shall appoint a neutral third referee.
15� This Agreement shall not terminate until all ro e
� p p rty has
16 � been distributed in accordance with this provision, and the
17 termination and property distribution hereunder shall have been
18 effected in a manner reasonalily calculated to cause the least
19 � disruption to existing public transportation service.
2� i SECTION 19. IMPLEMENTATION .
21 A. ORGAriIZATIUNAL MEETING. .
22I The organizational meeting of the Board shall be held
23 Jtily 1, 1977 at 9 :30 a.m, at Palm Desert
. California.
24I At the organizational meeting the Board shall: .
25 1) elect officers;
26 2) ado t rules of
P procedure;
Z? 3) establish the time and place for its regular
28 meetings, provided, however, that meetings shall be
'.SULLIVAN, JR.
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' �t '
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1 held at least once each calendar quazter;
2 4) provide for notice of Joint Exercise of Power
3 � Agreement to be filed with the Secretary of .State
4 within 30 days after the effective date of this
5 Agree,ment;
6� 5) appoint committees as deemed necessary to perform
?I
supportive functions for the well be.ing of SUNLINE;
8i 6) adopt a budget; and
9 7) provide for the selection and compensation of an
10 attorney. �
� lll Not later th an 120 da s
y following the organizational
12� meeting of the Board, SUNLINE shall complete all required acts
13i and procedures preliminary to initiating public transportation
14� services; and within this tiaie, on a date to be determined by the
15� goard, SUNLINE shall commence and maintain public transportation
16� service in accordance with this A reement. '
g
�'� B. TR.ANSFER OF ASSETS.
18 � Not later than 90 days following the organizational
19l meetin of the Board each r
g , pa ty to ths.s Agreement shall provide an
20I itemized list of each asset to be conve ed. or assi ed to SUNLINE.
Y �
21 The list shall s ecif the ca ital investment value
p y p' (including
22 capital grants) of each item listed, the list shall also specify
23 any grant conditions imposed on each item and have a copy thereof
24 appended.
25 Not later than 120 days following the organizational
26 meeting of the Board, and prior to initiating public transportation
27 service, the Board shall accept for SUNLINE the conveyance and/or
28 assi ent of the above mentioned assets from the
�► parties to this
T.SUI.LIVAN, �R, •
�YMT� COHr��tl
� LI�A�RY �LD6. _��-
R11D[. C�L1►01�.N1 t
!I
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1 Agreement.
2 SUNLZNE shall assume any outstanding indebtedness and
3 the obligation af any conditions or encumberance so listed,
4 including, but not liunited to, all obligations imposed on any
5 party to this Agreement by reason of Federal or State grant
6 conditions, rules, or requlations relating to public transportatio
? services. '
8 C. PROVISION � OF TRANSZT SERVICE
9 1) Determination of Transportation Service.
10 pri tile!date it initiates transportation service, SUNLINE
� 11 shall exercise the common power of the parties by providing and
12' maint aining a public transportation service. in accordance with
13 the requests of the various parties to this Agreement. Each party
14� to this Agreement will determine service characteristics within
�
15: its agreed service area, as defined in Exhibit "A" attached hereto
16I and incorporated herein b reference. erv' �
Y S ice characteristics to
�-? be determined include hours of operation, frequency of operata.on,
18 areas and routes to be served.
19 2) Extended Service.
" 20 Within SUNLINE capabilities, as determined by the Hoard,
21 transportation service ma also be
y provided to points outside the
22 service area of a art if so r
P Y equested. A party requesting and
23 receiving such extended servi ce shall be charged according to the
24 terms of Section 9. .
�5 3) Fares and Service Level.
26 Initially, the same fares and at least the same minimum
2? service levels, includin e ui ment t
g q p ype, shall be maintained by
28 SUNLINE as was last provided by the p arty last providing such
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1 service, subjec... to the desire of the partY to pay for service
2 under the provisions of this Agreement.
. 3 � D. EMPLOYEES.
4 Not iater than 120 days following the organizational
5 meetinq of the Board and prior to initiating the public transporta-
6i tion service, SUNLINE shall offer employment to .the existing public
7 transportation system employees of the Palm Springs9znliner System,
8 subject to any rule or restriction i.mposed by the provisions of
9 existing public transpartation grant contracts. The employment
10 by SUNLINE of each such employee shall be of substantially the
� 11 same kind and level as the employment currently enjoyed by the
7.2 employees. Salary, fringe benefits and seniority rights shall be
13 provided to the fullest extent possible at the current level.
14I In the event SUNLINE undertakes to provide transit servic
15i by means of contract with an independent contractor, the require-
16� ments of this section shall be deemed to have •been satisfied if
17 SUNLINE shall require that said contractor make the offer of
18 employment as required above. • .
19
2o DATED:°YY'le-�-r �-a ���7 ci z� oF l�e�e�-e�' F{�-� S�r��5_._
21 ATTEST:
n (� . � � ' �
� 22 BY_ �,f'.L1LLS?� �� BY
CitY C�crk !`�I4(nci�Pt' Mayor
23
AS TO ORM:
25 . city A y
2b �
2?
28
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1 DATED: �j�►„�, 3/, � �T�. CITY pg Palm Sprinqs, Califoraia
--•�—
2 A —
3 � g
Y
City Clerk M,ay
4
APPROVED AS TO FORM:
5 � . APPROVED BY THE ClTY COUNCiI
By- BY RES. NO./>/.�.Z �-�- � 7
g Ci Attorney
7
8 DATED: � _�o �y�� ��� oF ,� � �� -�,.
'� AZTES T: • '
. , .
10 g BY
City rk �yo=
� 11
APPRO AS
12 '
� .
13 By �l y rney .
14
15 DATED: �p -�/- 7�► CI TY OF __�,c1�
16 ATTE T: '
1? �I
By
City C1
18 p�pPR TO .
19 y � • .
2 torney .
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21 DATED: ' � : - �� /9 CITY OF c�.��P_,C,C�(�Oc.�
— —_ -
22 ATTEST:
23 By Q..�i �c � �(. � _�� ��r By �. . .
City Clerk yor
24
APPROVED AS TO FORM: "
25
By .
26 ' y orney
2�
28
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1 DATED; CI TY OF
� 2 ATTEST:
3 By � BY
City Clerk Mayor
4
APPROVED AS TO FORM:
5
By �
6� City Attorney
?
8 DATED: � FEB 2 2 1977 COUNTY OF RIVERSIDE
9 ATTEST:
Donald D. Sulliv-an, Clerk
10 • �
By `-�r �� By��1 c:���� .-
� 11 ' puty Vice Chairman, Baard of Supervisors
12 I Seal
( )
13 .
14
15+
16 .
1?
18
19
20 •
21
22
23
24
25 �
26
27
28
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lYMTY COYNf<L _��-
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OATE�: March 19, 1984 CITY OF CATNEDRAL CITY
,
ATT E S T: ----- — , gy --^�� �-
�`�r��� .�''-.-�_
BY _�2�� ����'rr/— y
, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY �
City Attorney
OATEO: <�2�/�C%SL CITY OF A QUINTA �
% 1 - _
ATTEST: gy ._ .� t c
�
Ma o r
�ty C er
(SEAL;
AFr?0�lc� �^,5 iC F:)P,M:
o Y .�"''��''''�
�ity A�torney
DATED: �17.`f �D CITY OF OIAN WEL S
ATTEST: BY �"'
. Mayor
BY
(SEAL)
APPROVED AS TO FORM:
BY
City Attorney ,
�
� • � , �. ._
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A�'NDMENT TO SUNLINE JOINT POWERS
TRANSPORTATION AGENCY AGREEMENT
THIS AMENDMENT TO AGREEMENT (this "Amendment") is made and
entered into by and between the County of Riverside and the
Coachella Valley cities which are parties to this Amendment and
other public agencies which subsequently become parties to this
Amendment. This Amendment is an amendment to the SunLine Joint
Powers Transportation Agency Agreement (the "JPA Agreement")
entered into on or about May 20, 1977. This Amendment is made and
entered into with reference to the following background facts and
circumstances.
RECITALS
SunLine is a joint powers agency established pursuant to the
provisions of the JPA Agreement. •
The County of Riverside and the Coachella Valley cities and
public aqencies which are parties to this Amendment ("Cities") have
a mutual interest in regulating, licensing and franchising the
business of operating taxicabs and other forms of ground
transportation available to the public on a for-hire basis
("Alternative Transportation") . Government Code section 53075.5
requires every city and county to provide a policy for entry into
the business of providing taxicab services. Specifically,
Government Code section 53075.5 requires every city and county to
establish or require the registration of rates for the provision of
Page 1
lAS�020791\6112�03JPA.AB
MAR 5 1991 3,2(
taxicab services within its jurisdiction.
The County and Cities wish to coordinate regulatory activities
as they relate to taxicab operations and Alternative Transportation
within the Coachella Valley area by vesting in SunLine the
authority to regulate, license and fra.nchise taxicabs and
Alternative Transportation and to establish rates to be charged by
� operators of taxicabs and Alternative Transportation doing business
in the Coachella Valley. The geographic area to be covered by the
terms of this Amendment is the area known as the Coachella Valley,
as that term is defined in the JPA Agreement.
This Amendment is made and entered into pursuant to Government
Code, sections 6500 et s2Q.
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows:
A. The JPA Agreement is hereby amended as follows:
1. The existing paragraph in Section 1 of the JPA Agreement
shall be numbered as paragraph 1.1.
2. Section 1 of the JPA Agreement is amended by adding
paragraphs 1. 2 through 1.4 as follows:
"1.2 An additional purpose of the JPA Agreement and the
. joint powers agency established thereby is .to regulate,
�
Page 2
lAS\020791�6112\03JPA.AB
license and franchise taxicabs and Alternative
Transportation, to establish a policy for entry into the
business of providing taxicab service and to establish
rates to be charged by operators of taxicabs and
Alternative Transportation doing business in the
Coachella Valley.
"1. 3 Each member and party to this Amendment is a
government entity with full powers of government in
legislative, administrative, financial and other related
fields. Each of the parties to this agreement has the
powers derived from the California Government Code, the
Vehicle Code and other provisions of law to license and
regulate the operations of taxicabs and Alternative
Transportation.
. "1.4 Each of the parties hereto desires to jointly
exercise their common power to regulate, license and
franchise taxicabs and Alternative Transportation by
entering into this Amendment and vesting such powers in
SunLine as an established joint powers agency however;
each of the members shall retain its power to regulate,
license and franchise 'Dial-A-Ride' programs within its
jurisdiction. "
3 . The first four lines of the first paragraph in Section 3D
of the JPA Agreement shall be amended to state as follows:
"D. POWERS
"The SUNLINE Board shall have the common power of
Page 3
US\OZ0T91\6112�03JPA.AB
the parties, hereto, to own, operate and maintain a
public transit system. In addition, the SUNLINE
Board shall have the common power of the parties
pursuant to the provisions of California Government
Code, sections 650o et seq. and section 53075.5,
California Vehicle Code section 2I100 and other
applicable law, to regulate taxicab services. In
exer,cise of said powers Sunline is authorized in
;
its own name to: "
4 . Section 3D of the JPA Agreement is amended by adding
paragraphs 8) through 15) as follows:
"8) To exercise jointly the common powers of the parties
hereto to regulate, license and franchise taxicabs and
Alternative Transportation; �
"9) To adopt regulations establishing a rate schedule to
be charged by operators of taxicabs for services
furnished to the public;
"10) To establish safety requirements for taxicabs and
Alternative Transportation;
"11) To collect fees to cover the expenses incurred by
. SunLine in implementing the powers conferred under this
Amendment, including, without limitation, fees for the .,
issuance of operating permits, safety inspection fees and
franchise fees;
"12) To enforce regulations licensing, franchising and
permitting requirements; �
Page 4
U1S\020T91\611Z�03JPA.AB
"13) To adopt an ordinance establishing a system of
rates, requlations, licensing and franchise requirements;
"14j To amend from time to time the rate schedule,
safety, licensing and franchise requirements referred to
he=ein.
"15) To do all other acts reasonable and necessary in
order to carry out the purposes of the JPA Agreement and
this Amendment.��
r
5. Existinq Section 3E of the JPA Agreement shall ,be
renumbered as Section 3F.
6. Existing Section 3F of the JPA Agreement shall be
renumbered as Section 3G.
7. Existing section 3G of the JPA Agreement shall be
renumbered as Section 3H.
8. Existing section 3H of the JPA Agreement shall be
renumbered as Section 3I.
9. A new Section 3E is added to the JPA Agreement as
follows:
"E. U I S ' �
, "1) SunLine shall have the duty to carry out the purpose
and intent of this Amendment by performing such acts as
are necessary thereto, subject at all times to the
Page 5
LAS\020791\6112\03JPA.AB
authority of its Board of Directors, and to make and
enter such contracts, incur such debts and obligations
and perform such other acts as are necessary to the
a�complishment of the purposes of this Amendment in
accordance with the provisions of California Government
ode, sections 6500 et se�c . and as prescribed by the laws
� cf the State of California.
"2) SunLine shall accomplish the foregoing, subject to
action by its Board of Directors, by adopting an
ordinance or ordinances providing fvr the licensing,
regulation and franchising of operators of taxicabs and
Alternative Transportation within the Coachella Valley.
It is the intent of this Amendment that upon the adoption ,
of a "taxicab ordinance" by SunLine's Board of Directors
pursuant hereto, the Cities shall repeal any laws,
regulations and ordinances, if any, which requlate,
license or franchise operators of taxicabs and
Alternative Transportation within their respective city
limits. The authority granted under this paragraph shall
not affect the authority or ability of the parties hereto
to:
" (i) charge and collect fees for the issuance of
business licenses within their respective
jurisdictions in the same manner as collected from
other businesses within the jurisdictions;
" (ii) approve the placement of taxicab stands
or taxicab "cruising" within their respective
Page 6
LAS�020791\6112�03JPA.AB
jurisdictions;
"(iii) assess and collect a fee or charge having
to do with ground transportation operations or
regulate or license ground access within the
boundaries of the Palm Springs Regional Airport or
any other airport located within the Coachella
Valley now ar in the future and;
" (iv) regulate, license and franchise "Dial-A-
Ride'� programs within their respective
jurisdictions. "
10. The two existing paragraphs of Section 5 of the JPA
Agreement shall be renumbered as Sections 5A and 5B respectively.
11. Section 5 of the JPA Agreement is amended by adding
Sections C, D and E as follows:
"C. All fees and charges collected by SunLine with
relation tc the regulation, licensing and franchising of
taxicab operators and Alternative Transportation shall be
collected and administered by the SunLine under the
direction and control of SunLine's General Manager,
subj ect at all times to the authority of the Board of
Directors. SunLine shall have custody of aIl funds and
shall provide for strict accountability thereof in ��
accordance with applicable laws of the State of
California.
"D. The funds collected by SunLine pursuant to the
�
Page 7
LAS\020791�6112\03JPA.AB
provisions of Iegislation adopted pursuant to the powers
granted herein shall be expended only in furtherance of
the purposes hereof and in accordance with the laws of
California. SunLine's receipts and disbursements
attributable to taxicab reguiation shall be separately
accounted for in the financial books and records of
SunLine.
"E. SunLine shall keep separate financial books and
records and shall prepare a separate audited financial
statement of SunLine as it pertains to the regulation,
licensing and franchising of operators of taxicabs and
Alternative Transportation as at June 30th of each year.
The statement shall reflect SunLine transactions from
July lst through June 30 of each year. "
12. The existing paragraph 16A of the JPA Agreement shall be
numbered as Section 16A 1) .
13 . Section I6 of the JPA Agreement is amended by adding
section 16A 2) as follows:
�2) Any party to the JPA Agreement may terminate its
rights and obligations under that portion oP the JPA
Aqreement as amended which concerns the regulation of
taxicabs within the Coachella Valley without affecting "
its rights or obligations under the remaining portions of
the JPA Agreement. Such termination shall be effected by
givinq sixty days (60) days written notice to Sunline of
;
Page 8
lAS\020191\6112\03JPA.AB
the party's intent to terminate such rights and
� obligations and termination shall be effective upon
expiration of such 60-day period except that no party
hereto may exercise its right to terminate under the
Amendment until one year from the date this amendment
becomes effective. After termination of a party's rights
and obligations under that portion of the JPA Agreement
as amended which concerns the regulation of taxicabs
within the `�Coachella Valley, the terminating party shall
have full authority in accordance with applicable law to
regulate, license and franchise taxicabs within the
boundaries of its jurisdiction and the Amendment shall
remain in full force and effect within the boundaries of
all remaining jurisdictions."
14. Section 16 is hereby amended by adding Section A 3) as
follows:
"3) This JPA Agreement as amended shall be terminated
should the JPA Agreement be terminated in accordance with
procedures therefor contained in Sections 16 A 1) and
Section 17."
IN WITNESS WHEREOF, The Hvard of Supervisors of the
County of Riverside and the city councils of the Cities enumerated ��
herein have each authorized execution of this agreement, as
Page 9
lAs\020791\6112\03,lPA.AS
evidenced by the authorized signatures below, respectively.
Dated: / , 1991 COUNTY OF RIVERSIDE
Approved As o Form:
�
/ County Counsel � . 5 1991
ALO r10N er�i
����
Dated: / 9 , 1991 CITY OF CQACHEL ��
Approve As
. 1����
i y A ey ayor
Dated: , 1991 CITY OF INDIO
Approved o Form•
� �.
City orney Mayo
Dated: � , 1991 CITY OF LA QUINTA
Approve As To Form:
�
.
City Atforne . May
Dated: , 1991 CITY OF INDIAN WET.TS
Approved As To Form:
� i� -
City Attorney Mayor "
Page 10
lAS\020791\6112\03JPA.AB
M�lRR 3 ig�1 3�2(
Dated: , 1991 CITY OF PALM DESERT
Approved As o orm:
• G%G,� .��G•-� �`_� Z,�
Ci y rney Mayor
Dated: �1"'�� ., 1991 CITY OF RANCHO MIRAGE
Approved As To orm:
. '
�J_
Ci Attorney Ma or
Date ��'��'' , 1991 CITY OF CATxEDRAL CITY
Approved As To Form:
%� � t
i
City Attorne M yor
Dated: , 1991 CITY OF PALM SPRINGS
Approved As To Form:
_ �� '�✓L�-�''"-�- �
.�� ,_L�c�
City orr�ey Mayor
Dated: , 1991 CITY OF DESERT HOT SPRINGS .
Approved As To Form:
�
City A orney Mayor
Page 12
LAS\020791\6112�03JPA.AB
, , .
SECOND AMENDMENT TO SUNLINE JOINT POWERS
TRANSPORTATION AGENCY AGREEMENT
THIS SECOND .AMENDMENT TO AGREEMENT (this "Amendment") is made
and entered into by and between the County of Riverside and the
Coachella Valley cities which are parties to this Amendment and
� other public agencies which subsequently become parties to this
Amendment. This Amendment is an amendment to the SunLine Joint
Powers Transportation Agency Agreement entered into on or about May
20, 1977, and as subsequently amended (the "JPA Agreement") . This
Amendment is made and entered into with reference to the following
background facts and circumstances.
RECITALS
SunLine is a joint powers agency established pursuant to the
provisions of the JPA Agreement.
The JPA Agreement empowers and authorizes Sunline to regulate,
license and franchise taxicabs and Alternative Transportation and
to establish rates to be charged by operators of taxicabs and
Alternative Transportation doing business in the Coachella Valley.
The members of SunLine desire to empower and authorize Sunline to
levy and collect a business license tax on the business of
providing taxicab services in the Coachella Valley.
This Amendment is made and entered into pursuant to Government
Code, sections 6500 et sea•
Page 1 � ��f�
LAS\091391\6112\03SECJPA.A /� . OCT 1 5 1991 "�•/`/
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows:
' A. The JPA Agreement is hereby amended by adding to it the
� following provisions of this Amendment:
l. PURPOSE AND' POWERS
1. 1 An additional purpose of the JPA Agreement and the
joint powers agency established thereby is to fix and collect a
business license tax on the business of providing taxicab services
in the Coachella Valley.
2 . DUTIES
2.1 SunLine shall have the duty to carry out the purpose
and intent of this Amendment by performing such acts as are
necessary thereto, subject at all times to the authority of its
Board of Directors, and to make and enter such contracts, incur
such debts and obligations and perform such other acts as are
necessary to the accomplishment of the purposes of this agreement
in accordance with the provisions of California Government Code.
2. 2 SunLine sha12 accomplish the foregoing, subject to
action by its Board of Directors, by adopting an ordinance or H
ordinances providing for the imposition of a business license tax
on the operators of taxicabs and Alternative Transportation within
the Coachella Valley. It is the intent of this agreement that upon
Page 2
LA5�091341\6112\03SECJPA.A
the adoption of a "business license tax ordinance" by SunLine's
Board of Directors pursuant hereto, the Cities shall repeal any
laws, regulations and ordinances, if any, fix or impose a business
license tax of the business of providing taxicab services within
their respective city limits or area of jurisdiction. The
authority granted under this paragraph shall not affect the
� authority or ability of the parties hereto to assess and collect a
fee or charge having to do with ground transportation operations
,
within the boundaries of the Palm Springs Regional Airport or any
other airport located within the Coachella Valley now or in the
future.
3 . TERMINATIDN
3 . 1 This Amendment shall be terminated should the JPA
Agreement be terminated in accordance with procedures therefor
contained in the JPA Agreement. In addition, any party to this
Amendment may terminate its rights and obligations under this
Amendment without affecting its rights or obligations under the JPA
Agreement. Such termination shall be effected by giving six (6)
months written notice to Sunline of the party's intent ta terminate
and termination shall be effective upon expiration of such 6 month
period. After termination of a party's rights and obligations
under the Amendment, the terminating party shall have full
authority in accordance with applicable law to fix and impose a '�
business license fee on the taxicab business.
B. The JPA Agreement is amended in the foregoing respects only and
�
Page 3
LAS\091391\6t12\03SECJPA.A
except as amended hereby, the JPA Agreement shall remain in full
force and effect as originally executed.by the parties thereto and
as previously amended.
IN WITNESS WfIEREOF, The Board of Supervisors of the
County of Riverside and the city councils of the Cities enumerated �
� herein have each authorized execution of this agreement, as
evidenced by the authorized signatures below, respectively.
��a�si . �
Dated: , 199,'t� COUNTY OF RIa`�i'�� „• �-
T
. �� Oy���"' O �
Approved As To Form: ` ��:;� �at� � J �
Ci�y E%�1. �
� -.` • � �'
�,,:.rt„� . c-`"
County Counsel N �
3 /z,�/ !s, �' x
�
Q �
Dated: , 1991 CITY C• ACHELLA 1
Approved As To F �
�
i ' Mayor'' '
Dated: , 1991 ITY OF INDIO
Approved A�s To Form:
�
i y ttorney yor
Dated: , 1991 CITY OF LA QUINTA .
Approved As To Form:
�
/'' / L1
_�/(�.! _ :( .2 P�.i�T
City Attorney a or
� ����
Page 4
LAS\091391\6112\035ECJPA.A
Dated: , 1991 CITY OF INDIAN WELLS
Approved As To Form:
.
City Attorney May r
Dated: , 1991 CITY OF PALM DESERT
� Approved o Form:
,
�
. .
i ttorney , Mayor
Dated: March 19, 1992 , 1991 CITY OF RANCH� MIRAGE
Approv As To orm,�
S
C' o ney May r
U ��
Z ,�
Dated: , 1991 CITY OF PALM SPRINGS % �'`
. C:' �s
E..; �.
Approved As To Form: } �
, *-
.
. -�'�--/ � �
- e�
� � �
City orney Ma'yor �„ !y
�, -�
Dated: October 22 , 1991 CITY OF CATHEDRAL CIT`I � Q
> '�.
Approved As To Form: � � �� u
� �
� � d
City Attorney ayor
Dated: , 1991 CITY OF DESERT HOT SPRINGS
Approved As To Form:
i�
City torney Mayor
Page 5
LAS\091391\6112\03SECJPA.A