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HomeMy WebLinkAboutA1281 - SUNLINE TRANSIT AUTHORITYDUPLICATE ORIGINAL FOURTH AMENDMENT TO SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT This Fourth Amendment to SunLine Joint Powers Transportation Agency Agreement ("Fourth Amendment") is entered into by and between the COUNTY 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 becomes parties to the Agreement. This Fourth Amendment is made and entered into on the date last executed by the Parties hereto. RECITALS A. SunLine Transit Agency is a joint powers agency established by the SunLine Joint Powers Transportation Agency Agreement (the "Agreement") on or about May 20, 1977. B. The first amendment to the Agreement was approved on or about June 11, 1991, and a second amendment to the Agreement was approved on or about March 31, 1992. A third amendment to the Agreement was prepared in 2013 and all necessary signatures were obtained in 2016. C. A previous version of this Fourth Amendment was prepared and circulated to the member agencies for approval earlier this year, but the Fourth Amendment was not unanimously approved by the member agencies. C. This revised Fourth Amendment amends the Agreement to include specific authority for the Board of Directors to receive compensation for attendance at Board and committee meetings consistent with State law, and ratifies previous payments made to the Board of Directors. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. 1.1 Section 2 (Authority) is amended to read as follows: "Pursuant to Section 6500 et seq., of the California Government Code there is hereby created a public entity to be known as "SUNLINE", a public entity separate and apart from the individual parties to this Agreement. Pursuant to Section 6509 of the California Government Code, the laws of the State of California applicable to cities organized under a charter, shall govern SUNLINE in the matter of exercising its powers, subject, however to such restrictions as are applicable to charter cities in the manner of exercising such powers, as required by Government Code Section 6509." -1- 05 "t yc• 11 1.2 Section 3 (Board of Directors), paragraph E (Meetings) is amended to add a new subparagraph 3, to read as follows: "3) Compensation The Board may, by resolution, provide Board members a stipend for attendance at Board meetings and subcommittee meetings. Notwithstanding Section 2 of this Agreement, the maximum stipend a Board member may receive shall be consistent with the limitations on compensation for service on a commission, committee, board, authority, or similar body applicable to general law cities in Government Code section 36516(c), as such section may be amended from time to time." 2. RATIFICATION OF PAST PAYMENTS. The parties hereby ratify all payments that have been made by the Agency to the Board of Directors as compensation for attendance at Board meetings and subcommittee meetings. 3. GENERAL PROVISIONS. 3.1 Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Agreement, as amended, remains in full force and effect and binding upon the parties. 3.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. 3.3 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment. 3.4 Counterparts. This Fourth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. Dated: il 11V )1-7 CITY OF DESERT HOT SPRINGS M Name/Cha les L. Maynard Title: i anager -2- ATTEST: �w yl . .R - rk APPROVED AS TO FORM 1 " Jennif . Mizrahi, City Attorney Dated: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney Dated: CITY OF PALM SPRINGS Name: Title: CITY OF PALM DESERT 92 Name: Title: -3- City Clerk APPROVED AS TO FORM City Attorney Dated: ATTEST: 4�oz rk ,City Clerk APPROVED AS TO FORM &Zz� — City Attorney Dated: ATTEST: CITY OF PALM SPRINGS APPROVED BY Cr Y COUNCIL r' CITY OF PALM DESERT 0 Name: Title: -3- , City Clerk APPROVED AS TO FORM Dated: ATTEST: , City Attorney , City Clerk APPROVED AS TO FORM City Attorney Dated: I/ i ATTEST: CITY OF RANCHO MIRAGE By: Name: Title: CITY OF CATHEDRAL CITY a/4�� , e�— �_ .:.✓sue in Dated: ATTEST: APPROVED AS TO FORM COUNTY OF RIVERSIDE 0 -7- , City Clerk APPROVED AS TO FORM Dated: ATTEST: City Attorney , City Clerk APPROVED AS TO FORM City Attorney CITY OF PALM SPRINGS 0 Name: Title: CITY OF PALM DESERT Dated: JANUARY 26, 2017 B. ,Dame: JAN c. HARNIK I itle: MAYOR ATTEST: -3- RACH LE D. KLASSEN y Clerk CITY OF PALM DESERT APPROVED AS TO FORM Dated: ATTEST: Attorney , City Clerk APPROVED AS TO FORM , City Attorney Dated: ATTEST: CITY OF INDIO Name: Title: CITY OF COACHELLA Name: Title: 51 , City Clerk APPROVED AS TO FORM City Attorney CITY OF RANCHO MIRAGE Dated:_O % f � �_ / � ©� fi' By: � ame: ie �l ► 1 Title: Mo,UjOv- ATTEST: K�r�st, e Rc�uy�os , City Clerk APPROVED AS TO FORM SEve ('Jn •n<< ityAttomey Dated: ATTEST: CITY OF CATHEDRAL CITY in Name: Title: 1.1 , City Clerk APPROVED AS TO FORM Dated: ATTEST: City Attorney City Clerk APPROVED AS TO FORM City Attorney CITY OF LA QUINTA Name: Title: CITY OF INDIAN WELLS Dated: February 16, 2017 By: ame: Richard Balocco Title: Mayor ATTEST: -5- Afina Gran _y , City Clerk APPROVED AS TO FORM t;t� p 4e� Stephen P. Dei tschCity Attorney Dated: ATTEST: , City Clerk APPROVED AS TO FORM City Attorney Dated: ATTEST: CITY OF RANCHO MIRAGE In Name: Title: CITY OF CATHEDRAL CITY in Name: Title: S:l , City Clerk APPROVED AS TO FORM , City Attorney Dated: I 1 ATTEST: ,;� N�0� Susan Maysels, City C rk APPROVED AS TO FORM William H. Ihrke, City Attorney Dated: ATTEST: CITY OF LA QUINTA CITY OF INDIAN WELLS Name: Title: -5- A 111'L61:2 M101 Dated: l - 30--17 By:s;:;:)a,, Dan Martinez City. Manager ATTEST: CYNTHIA HER NDEZ City Clerk APPROVED AS TO FORM ROXANNE DIAZ City Attorney Sty , City Clerk APPROVED AS TO FORM Dated: ATTEST: City Attorney City Clerk APPROVED AS TO FORM City Attorney 141WK41=1111ld Name: Title: CITY OF COACHELLA Dated: �� t �L7 / By: �41— — ATTEST: Name: Steven A. Hernandez Title: Mayor -4- Angela M. peda, City Clerk APPROVED AS TO FORM ((n Carlos Camp 'ty Attorney Dated: ATTEST: , City Clerk APPROVED AS TO FORM City Attorney Dated: ATTEST: CITY OF LA QUINTA Name: Title: CITY OF INDIAN WELLS M Name: Title: -5- , ity Clerk - APPROVED AS TO FORM City Attorney COUNTY OF RIVERSIDE Dated: 0 ATTEST: APPROVED AS TO FORM ATTEST- B:� DEPUTM' �Ihv -- / G li-I Kri ine Bell Valdez, De u unty Counsel EACH DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED IS CERTIFIED TO BE A FLU TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE AND OF RECORLa iI M FFIC Dated- _tip f C0 2,01 KECIA AA -?PER 1HEM Clerk to the Board of Supervisors County of Riverside, California �i I7•%�� �lfL�I.LL�J_L _ • -7- 10:11 R 0 Md I ple17► SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT THIS THIRD AMENDMENT TO SUNLINE JOINT POWERS TRANSPOR- TATION AGENCY AGREEMENT (the "Third Amendment") is made and entered into by and between the COUNTY 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 Amendment") 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 a06/14/16 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)Quorum: The number of members 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) Majority Vote: (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 a06/14/16 -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. SECTION 4: This Third Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 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 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 aO6/14/16 -3- (c) An absiention 4 atl be' considered neither an affiirmative nor a negative vote, but -tl a prespdoe of the nietnber absUiwptg shale be counted in deterniinirig whether or not there is a. quprum -in aiteindarice: All other actions - - taken by the Board shall require a majority. vote ofthe. quorum in attendance. -- - -- 5 M.0.1 Except, as so expressly stnended, the JPA, as modrtfied,by the Biitt-and Secdnd Avi btfteats, shall retniin.in full force. and effect as executed bythe Pardes:thereto., 1 QF; . fhe Pbard of Supervisors of tine COUNTY (7F kNtRE ; 'itud the City Councils 6f the cities of CCACnLq.LAti II*iDTb; L .Qtffl+��A,, INDIAN' WELL§, PAW NMERT, )RANCHO MMA6B,' ..PALM SPRi1-CS; GA`IMDR:AL CITY, and DBSERT HOT SPRINGS. have each a*ho#* execution of this Third: Amendment as evidenced by the authorized signatures beitiw. �G �+ Chai,Anon.rd of- Stipervis'ors TiCST ATTEST. By; KEG A P -I EM, ferk GJeri, Court . erside B DEPUT APPROVED AS'TO FORM, rytounsel, County ofRiverside 26024041-002 47795o9.1 101c0113 .3- MAY 14 2013 CITY OF COACHELLA B Al116� y: Mayor ATTEST: By: ._Q au"ZeL b4ipu+-Z) City Clerk, City of Coachel APPROVED AS (M By: City Attorney, h lla CITY OF INDIO Mayor ATTEST: am City Clerk, City of Indio APPROVED AS TO FORM: City Attorney, City of Indio CITY OF LA QUINTA Mayor ATTEST: L-0 City Clerk, City of La Quinta 2611024041-0002 4779509.1 a06/14/16 -4- CITY OF COACHELLA Mayor ATTEST: By: City Clerk, City of Coachella APPROVED AS TO FORM: By: City Attorney, City of Coachella CITY OF INDIO ATTEST: By; Ao-r-u'- &- City Clerk, City of dio,cl dG.� APPROV TO FO By: City Attorney, City of Indio CITY OF LA QUINTA Mayor ATTEST: LOW City Clerk, City of La Quinta 261 024041.0002 4779509.1 a0& 14 16 -4- CITY OF COACHELLA Mayor ATTEST: City Clerk, City of Coachella APPROVED AS TO FORM: By: City Attorney, City of Coachella CITY OF INDIO I: ATTEST: By: City Clerk, City of Indio APPROVED AS TO FORM: By: City Attorney, City of Indio Mayor CITY OF LA QUINTA J. )WEVA4K, City Manager ATTEST: By: S�� 6z4v4� SUSAN MAYSELS, Cit erk 261/024041-0002 4779509.1 a06/27116 -4- APPROVED AS TO FORM; WML%AM H. IHRRB, City Attorney . CITY OF INDUN WELLS • 1 By: Mayor ATTEST: E By: City Clerk, City of Indian Wells APPROVED AS TO FORM- By - City Attorney, City of Indian Wells CITY OF PALM DFSERT : 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 2611024041-0002 4779509.1 a0&27Jt6 ATTEST: Z7X By: �4 .0� City Clerk, City s APPROVED AS TO FORM: By:, - - City Attorney, City of Indian Wells ATTEST: In City Clerk, City of Palm Desert APPROVED AS TO FORM: By: City Attorney, City of Palm Desert ATTEST: City Clerk, City of Rancho Mirage APPROVED AS TO FORM: In City Attorney, City of Rancho Mirage CITY OF INDIAN WELLS i CITY OF PALM DESERT Lo Mayor CITY OF RANCHO MIRAGE Mayor _'61 024041-0002 1?J9509.1 a06 14 16 -5- CONTRACT NO. C00-515 APPROVED AS TO FORM: By: City Attorney, City of La Quinta CITY OF INDIAN WELLS 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: d 1- I h r Mayor m! 0114, 7 F if, 1011a._ _mot • i' Citj Attorneyl City of Palm Desert CITY OF RANCHO MIRAGE Mayor ATTEST: By: City Clerk, City of Rancho Mirage 261/024041-0002 4779509.1 n06/14/16 -5- APPROVED AS TO FORM: By: City Attorney, City of La Quinta CITY OF INDIAN WELLS M. ATTEST: By: City Clerk, City of Indian Wells APPROVED AS TO FORM: By: City Attorney, City of Indian Wells Mayor 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: .� -Z' a2ae�' Mayor ATTE T: Nc h, n City Clerk, City of Rancho Mirage 261/024041-0002 4779509.1 a06/14116 -5- APPROVED AS TO FORM: By: (7 ,> 9::I\n X.r City Attorney, City of kancho Mirage Cat^ kid }r; CITY OF PALM SPRINGS Lei C c�Y JNrio r'" y LE Mayor ATTEST: By: City Clerk, City of Palm Springs APPROVED AS TO FORM: By: City Attorney, City of Palm Springs CITY OF CATHEDRAL CITY Mayor ATTEST: By: City Clerk, City of Cathedral City APPROVED AS TO FORM: Un City Attorney, City of Cathedral City CITY OF DESERT HOT SPRINGS Mayor ATTEST: By: City Clerk, City of Desert Hot Springs 261/02"-0002 4779509.1 a06/14/16 -6- ATTEST: B �ty Clerk, City of Palm Springs APPROV O FORM: By: City A orney, City of Palm Springs ATTEST: LIM City Clerk, City of Cathedral City APPROVED AS TO FORM: M. City Attorney, City of Cathedral City ATTEST: City Clerk, City of Desert Hot Springs APPROVED AS TO FORM: By: City Attorney, City of Desert Hot Springs CITY OF PALM SPRINGS City Manager APPROVED BY MY COUNCIL k. CITY OF CATHEDRAL CITY Mayor CITY OF DESERT HOT SPRINGS Mayor 261/024041-0002 4779509.1 a0U26l15 -6- Mayor ATTEST: City Clerk, City of Palm Springs APPROVED AS TO FORM: LO-32 City Attorney, City of Palm Springs CITY OF CATHEDRAL CITY By: Mayor ATTEST: BY15j -AZ" City Clerk, Vity of tathedral Citk APPROVED AS TO FORM: < c , By: v City Attorney, City o Cat edral City CITY OF DESERT HOT SPRINGS LIM Mayor ATTEST: LE City Clerk, City of Desert Hot Springs APPROVED AS TO FORM: By: City Attorney, City of Desert Hot Springs 261/024041-0002 4779509.1 a02/17115 -6- APPROVED AS TO FORM: By: City Attorney, City of Rancho Mirage CITY OF PALM SPRINGS Mayor ATTEST: By: City Clerk, City of Palm Springs APPROVED AS TO FORM: By: City Attorney, City of Palm Springs CITY OF CATHEDRAL CITY Mayor ATTEST: City Clerk, City of Cathedral City APPROVED AS TO FORM: LI-A City Attorney, City of Cathedral City CITY OF DESERT HOT SPRINGS Mayor ATTEST: By: it Clerk, ity o Desert Hot Springs 2611024041-0002 4779509.1 a06114l16 -6- APPROVED AS TO FORM: By: — �MN w City AeorfyCity of Desert Hot Springs 261 /024041-0002 4779509.1 a06114l16 -7- S ' SunLine Joint Powers Agr Amend #2 re Taxicab Reg AGREEMENT #1281 R17658, 10-2-91 SECOND AMENDMENT TO SUNLINE JOINT 1 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 seq. Page 1 LAS\091391\6112\03SECJPA.A A: OCT 1 FT1 0 0 ,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: 1. 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 shall accomplish the foregoing, subject to action by its Board of Directors, by adopting an ordinance or 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 LAS\091391\6112\03SECJPA.A 0 0 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. TERMINATION 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 5unline of the party's intent to 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\6112\03SECJPA,A 0 • 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 WHEREOF, 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. N:K' m F�cs! i7- Dated: , 199A, COUNTY OF RIN&E & Approved As To Form: County3 Counsel Dated: Dated: Approved As�.,To Form: I� Cit ttorney Dated: Approved As To Form: ,n City Attorne , 1991 , 1991 1991 Page 4 LAS\091391\6112\03SECJPA.A yor .A r: 0 Dated: , 1991 Approved As To Form: A&j At�� City'Attorney Dated: , 1991 Approved s o Fo cYty r torney Dated: March 19, 1992 1991 AppnAs T Form: ) I _�, � Ci rney Dated: , 1991 Approved As To Form: r City Attorney Dated: October 22 , 1991 Approved As To Form: City Attorney Dated: _ _ -- -- - 1991 fIttorn- Page 5 LASN091391\6112\03SECIP4,A CITY OF INDIAN WELLS CITY OF PALM DESERT CITY OF RANCHO MIRAGE dad �-- \. �-~--�.—e.�� • � May r e � r ✓ —' N 1. CITY OF PALM SPRINGS J F Mapor CITY OF CATHEDRAL CITYLIU �. e�9 raa rL oyd&e��� mayor CITY OF DESERT HOT SPRINGS LAW OFFICES OF LYNN D. CRANDALL ATTORNEYS AT LAW LYNN D CRANDALL 43-645 MONTEREY AVENUE, SUITE D TELEPHONE (619) .346-7557 WALTER J. R TRAVER PALM DESERT, CALIFORNIA 92260 TELECORIER (6191 773-3669 L1SA A. SE00 ELIPABETH OLIVtER April 27, 1992 Allen R. Briggs, Esq. Dawn Honeywell, Esq. P.O. Box 5001 STRADLING, YOCCA, CARLSON & RAUTH Cathedral,City, CA 92234-5001 660 Newport Ctr. Dr. Ste. 1600 Newport Beach, CA 92660-6441 Jimmy Gutierrez, Esq. 12616 Central Ave. Chino, CA 91710 Timothy M. Conner, Esq. Attn: Pam Fields BEST, BEST & KRIEGER 39-700 Bob Hope Dr. Ste. 312 Rancho Mirage, CA 92270 Rob Bower, Esq. RUTAN & TUCKER 611 Anton Blvd. Ste. 1400 Costa Mesa, CA 92626 Gerald Blankenship, Esq. 3535 10th Street, #300 Riverside, CA 92501 David L. Erwin, Esq. Attn: Pam Fields BEST, BEST & KRIEGER 39-700 Bob Hope Dr. Ste. 312 Rancho Mirage, CA 92270 David Aleshire, Esq. RUTAN & TUCKER 611 Anton Blvd., Ste. 1400 Costa Mesa, CA 92628 Jean Leonard Harris, Esq. 69-825 Highway 111 Rancho Mirage, CA 92270 Re: SunLine Joint Powers Agreement (Second Amendment, Ladies and Gentlemen: I have enclosed a fully executed original of the Second Amendment to SunLine Joint Powers Transportation Agency Agreement for your respective cities and the county. The Agreement has been signed by everyone and I am forwarding the original document for your city or county so that you may distribute it in accordance with your ordinary practice. Very truly yours, LAW OFFICES OF LYNN D. CRANDALL 47 Lisa A. Sego LAS:sgc Encls. 6112.03 SunLine Joint Powers Agr Amend re Taxicab Regulations AGREEMENT #1281 AMENDMENT TO SUNLINE JOINT POWE , R17430, 2-20-91 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 agencies 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 LAS\020791\6112\03JPA.A8 Page 1 MAR 5 1991 3, 2 l 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 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 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 sea. 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: 111.2 An additional purpose of the JPA Agreement and the Joint powers agency established thereby is to regulate, Page 2 LAS\020791\6112\03JPA.A8 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. 111.3 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. 111.4 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 LAS\020791\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 6500 et sea. and section 53075.5. California Vehicle Code section 21100 and other applicable law, to regulate taxicab services. in exercise 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: 118 ) To exercise jointly the common powers of the parties hereto to regulate, license and franchise taxicabs and Alternative Transportation; 119) 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 LAS\020741\6112\03JPA.A8 0 0 1113) To adopt an ordinance establishing a system of rates, regulations, licensing and franchise requirements; 1114) To amend from time to time the rate schedule, safety, licensing and franchise requirements referred to herein. 1115) To do all other acts reasonable and necessary in order to carry out the purposes of the JPA Agreement and this Amendment." 5. Existing 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. DUTIES 111) 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 LA5\020791\6112\030A.0 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 Amendment in accordance with the provisions of California Government Code, sections 6500 et sea. and as prescribed by the laws of the State of California. 112) SunLine shall accomplish the foregoing, subject to action by its Board of Directors, by adopting an ordinance or ordinances providing for 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 regulate, 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.AS 0 0 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 or 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 to 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 SunLineIsGeneral Manager, subject at all times to the authority of the Board of Directors. SunLine shall have custody of all funds and shall provide for strict accountability thereof in accordance with applicable laws of the State of California. I'D. The funds collected by SunLine pursuant to the Page 7 LAS\020791\6172\03JPA.A8 provisions of legislation 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 regulation 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 1st through June 30 of each year." 12. The existing paragraph 16A of the JPA Agreement shall be numbered as Section 16A 1). 13. Section 16 of the JPA Agreement is amended by adding section 16A 2) as follows: 112) Any party to the JPA Agreement may terminate its rights and obligations under that portion of the JPA Agreement 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 giving sixty days (60) days written notice to Sunline of Page 8 LAS\020791\6112\03JPA.A$ i 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: 113) 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 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 Page 9 LAS\020791\6112\03JPA.A8 9 evidenced by the authorized signatures below, respectively. Dated: I I , 1991 Approved As o Form: / County Counsel Dated:- /9 ,, 1991 COUNTY OF RIVERSIDE A. CITY OF COACHELLA Appro ed orm: 0 !0- y Att ney ayor Dated: Approve s o Fo -,city Aftorney , 1991 CITY OF INDIO Dated: r�G7� , 1991 Approved As To Form: r City Attorney Dated: Approved As To Form: City Attorney LAS\020791\6112\03JPA.AB , 1991 Page 10 a - If Mayor CITY OF LA QUINTA CITY OF INDIAN WELLS fftj wo - MR1 MAR 5 1991 3, z ( W Dated: Approved A o Form: o r n e y , 1991 Dated: 7 r 30 _ _ _ , 1991 ec As Teo Form: ty v v Dated: J l� , 1991 Approved As To Form: City Attorney Dated: , 1991 Approved As To Form: Dated: Approved As To Form: ��1-1, city t orney LAS\020791\6112\03JPA.A8 CITY OF PALM DESERT V2 - �f 2 �- a &, 4 �-ae Mayo CITY OF RANCHO MIRAGE CITY OF CATHEDRAL CITY ful-I'Alm/ CITY OF PALM SPRINGS Mayor , 1991 CITY OF DESERT HOT SPRINGS Page 11 O.nend #1, SUNLINE Joint Powers Transportation Agency Agr �k 1281 Res 14970, 3-7-84 FIRST AMENDMENT OF JOINT POWERS TRANSPORTATION AGENCY AGREEMENT That certain Joint Powers Transportation Agency Agreement effective July 1, 1977, a copy of which is attached hereto as a part of Exhibit A and made a part hereof, which was signed and approved by Riverside County on February 22, 1977, the City of Desert Hot Springs on May 20, 1977, the City of Palm Springs on May 31, 1977, the City of Palm Desert on June 16, 1977, the City of Indio on June 21, 1977, the City of Coachella on June 22, 1977, and the City of Rancho Mirage on December S, 1979, is hereby amended as follows: 1. Section 10 of the Agreement is changed to read: SECTION 10. ADDITIONAL PARTIES Any local public agency with the power and authority to own, operate and maintain a transportation system may join SUNLINE, if not otherwise contrary to law. Any such agency so joining shall become a party subject to: (i) Approval by the Board; and, (ii) Making capital contributions, or monetary con- tributions equivalent thereto, as may be deemed appropriate by the Board, and, (iii) Execution of this Agreement as then constituted. Not withstanding the above, a municipal corporation, newly created after July 1, 1977, and established from a portion of a previous member entity may join SUNLINE by meeting the requirements outlined in Section 10, Subparagraph (iii). In such case, and notwithstanding the provisions contained in Section 16, and 18, the newly created municipal corporation will not be entitled to any capital asset account credit until it has been a member for a minimum of twenty-four (24) months, provided, however, no such member shall be entitled to a capital account asset credit for any period prior to its joining the SunLine Joint Powers Transportation Agency. 2. All other provisions of this Agreement remain the same. r Or RESOLUTION NO. 14970 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO JOINT POWERS TRANSPORTATION AGREEMENT WHEREAS, the Sunline Joint Powers Transportation Agency was originally created in December, 1976; and WHEREAS, the Sunline Joint Powers Transportation Agency Agreement was modified in 1977; and WHEREAS, said Sunline Joint Powers Transportation Agency Agreement needs to be amended to reflect desirable changes in ]seeping with changing procedures, concepts and require- ments. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that the "First Amendment to Joint Powers Transportation Agency Agreement" is hereby approved. ADOPTED THIS �7th day of March f 1984. AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST- CITY OF PALM S INGS, CALIFORNIA F_ By �-,(� City Clerk C Tanager 4 REVIEWED & APPROVED_V, a r DATED: March 19, 1984 ATTEST: BY -;�� City Clerk (SEAL) APPROVED AS TO FORM: BY b� �� City Attorney DATED: March 8, 1984 ATTEST: ' BY LU-yyU , lj, City C er DATED: ATTEST: BY Cit Clerk (SEAL) APPROVE A M: BY City Attorney DATED: ATTEST: I BY CiU,,:C1er (SEAL) ` APAOVED $ `' BY "rney E CITY OF CATHEDRAL CITY BY d r+ M r CITY OF CCOOACHELLA BY -��%`L��TLiG��tio Mayor C I1' BY 0 DATED: ATTEST: (SEAL) APPROVED AS TO FORM: BY City Attorney'-' • DAT END: ._-e - /9 �w AT T: _ BY coy cltv (SEAL) APPROVE S T F BY ` P ty Attorney DATED: ! AA ­Z, i 3, i 9,,P V ATTEST - BY UZ City Clerk (SEAL) APPROV AS TO FORM: BY City Att rney DATED: wd4,ek 0- a. ')yopS` ATTEST: City Clerk (§EAL') ,,.,AP TO OR , BY 0 CITY OF/y QUINT r BY Mayor CITY OF PALM SPRI BY May APPROVED BY Tq CITY COUNaL BY RES. NO. i4197 U 3-- 7 _6Fy CITY OF RANCHO MIRAGE BY Mayor �J DATED: March 19, 1984 ATTEST: r BY `�2 �k� CityCler (SEAL) APPROVED AS TO FORM: BY Q City Attorney DATED: ATTEST: ityCer (SEAL) APPROVED AS TO FORM: ` City Attorney CITY OF CATHEDRAL CITY r BY ---- — CITY OF A QUINTA 0 BY - , ! i, -SQ,4t mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW LI BRARV BLOO. RIV ERSIO E, CALIFORNIA line - Joint powers agr of Coachella Valley Trans. Agency AGREEMENT #1281 (Orig 7-1-77) Res #12122, 3-2-77 SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT 1 2 3 41 5 6 7, 811 9 10 11, 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 RAY T SULLIVAN, JR. COUNTY COUNSEL LAY! LIBRARY BLDG. RIVERSID£. CALICORNIA 0 TABLE OF CONTENTS RECITAL PURPOSE AUTHORITY BOARD OF DIRECTORS MEMBERSHIP ALTERNATE MEMBERS OFFICERS POWERS MEETINGS FUNCTIONS VOTING QUORUM GENERAL MANAGER CONTROLLER TREASURER BONDING FISCAL YEAR FINANCIAL SUPPORT ADDITIONAL PARTIES TERN! PARTIAL INVALIDITY PARTIES' LIABILITY SUCCESSORS ASSIGNABILITY WITHDRAWAL OF PARTY NOTICE CAPITAL REIMBURSEMENT 0 section 1 2 3 3A 3B 3C 3D 3E 3F 3G 3H 4 5 6 7 8 9 10 11 12 13 14 15 16 16A 16B Page 1 2 2 2 3 3 4 5 5 6 6 7 7 s 9 9 9 10 10 11 11 11 12 12 12 12 i �. TABLE OF CONTENTS (cont.) 2 3 TERMINATION 4 DISTRIBUTION OF ASSETS UPON TERMINATION 5 IMPLEMENTATION 6 ORGANIZATIONAL MEETING 7 TRANSFER OF ASSETS 8 PROVISIONS OF TRANSIT SERVICE 9 EMPLOYEES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAY T. SULLIVAN, JR, COUNTY COUNSEL LAW LIBRARY SLOG, RIVER91O6, CALTFORNIA Section Page 17 15 18 15 19 16 19A 16 19B 17 19C 18 19D 19 0 0 l SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT 2 THIS AGREEMENT is entered into by and between the County 3 of Riverside and the Coachella Valley Cities which are parties 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 7 the Palm Springs and Desert Sands Unified School Districts and tha 8 portion of the Coachella Unified School District located within 9 Riverside County. All parties to this Agreement are governmental 10 entities in the COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: 11 WHEREAS, the County of Riverside (hereinafter referred 12 to as the "County") and the Coachella Valley Cities and public 13 agencies which are parties to this Agreement (hereinafter referred 14 to as "Cities") have a mutual interest in establishing and impleme t- 15I ing a public transit system to serve all the parties; and 16 WHEREAS, 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, 24 maintain and operate a public transportation system. Under 25 authority of Title 1, Division 7, Chapter 5, of the Government 26 Code (Section 6500 et seq.) the parties desire, by joint exercise 27 of their common power, to create and constitute a new public 28 RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW LIBRARY BLDG. RIV EASIDE, CALIFORNIA 1 transportation entity,separate and distinct from each of the 2 parties,to be known as "SUNLINE". SUNLINE shall own, maintain, 3 operate and administer a public transportation system. SUNLINE 4 shall serve as a unifying umbrella agency to coordinate transit 5 service requested by parties to this Agreement throughout the 6 Coachella Valley and to provide such service either directly or 7 through contract with other operators. SUNLINE shall initially 8 absorb all capital assets, either acquired or approved for 9 acquisition, as specified by the parties to this Agreement. 10 SUNLINE shall provide a standardized system of fares, a universal 11 system of transfers and transit services, and facilities for the 12 benefit of the citizens of the parties to this Agreement. The 13 expertise, efficiencies and economies resulting from the joint 14 effort, coupled with the acquisition of available financial and 15 technical assistance will programs, provide the impetus to 16 SUNLINE to develop and expand Coachella Valleywide public transpo; 17 tion operations. 18 SECTION 2. AUTHORITY. 19 Pursuant to Section 6500 et seq., of the California 20 Government Code there is hereby created a 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 party to this Agreement shall be authorized to appoint RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW LIBRARY -2- BLO4. -2- RIVERSIOE, CALIFORNIA L 0 0 1 and shall appoint one member of the Board as follows; 2 1) Each municipality shall appoint as its 3 respective Board member a member of its City 4 Council; 5 2) The County of Riverside shall appoint as its 6 member to the Board, a member of the County of 7 Riverside Board of Supervisors. 8 3) Any other public agency participating in 9 this Agreement shall appoint as its member to 10 the Board a member of its legislative governing 11 body. 12 The members so appointed shall be known as primary members. 13 14 B. ALTERNATE MEMBERS TO THE BOARD 15 Each party to this Agreement shall appoint an alternate 16 member to the Board to serve in the absence of that party's 17 primary member.. Alternate members shall 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 22 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 to serve for one year terms, said terms expiring 27 at the end of each fiscal year. 28 The Board shall have the authority to appoint or employ RAY T. SULLIVAN, JR. COUNTY CGUNSEL LAVV LIBRARY BL DG. RIVERSIDE, CALIFORNIA -3- 3. such other 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, SUNLIN-E is 7 authorized in its own name to: 8 1) Sue and be sued; 9 2) Employ agents and employees and contract for 10 professional services; 11 3) Make and enter contracts; 12 4) Acquire, convey, construct, manage, maintain and 13 operate buildings and improvements; 14 5) Acquire and convey real and personal property; 15 6) Incur debts, obligations and liabilities, provided, 16 however, the debts, obligations and liabilities 17 incurred:by SUNLINE shall not be nor shall they be is 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 22 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 eu t the purpose of this Agreement. 27 Such powers are subject to the restrictions of law as apply 28 to the exercise of same powers by any of parties to this Agreement RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW L19RARY OLD.. RIVERSIDE. CAL IFOA NIA -4- 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAY T. SULLIVAN. JR. COUNTY COUNSEL LAW LIBRARY BLDG. RIVERSIDE. CALIFORNIA E. MEETINGS 1) Regular Meetings The Board shall establish a time and place for regular meetings; provided, however, that meetings shall be held at least once each fiscal quarter, and more often as the need may arise. 2) Ralph Brown Act All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act, as amended (Government Code, Section 54950 et seq.) F. FUNCTIONS The Board shall perform the following functions: 1) Adopt the budget; 2) Appoint the General Manager; 3) Appoint advisory committees as deemed necessary; 4) Establish policy, including, but not limited to: a) Uniform fares; b) Marketing; c) User information; d) Uniform system of transfers; and e) Transit services, facilities and operations. 5) Adopt rules and regulations for the conduct of business; and 6) Approve contracts and perform such other functions as required to accomplish the purposes of this Agreement. _5_ 9 0 �. G . VOTING 2 Each member of the Board shall have one vote, provided, $ 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 number of annual transit service hours requested by 6 that respective party as reflected by the SUNLINE budget for the 7 then current fiscal year. Weighted voting entitles each Board 8 member to vote one vote for each annual transit service hour 9 budgeted for the party which the member represents. 10 I'he weighted votes of any SUNLINE member shall not be split. 11 The weighted vote of any single member shall not of itself con- 1.2 stitute a majority vote. 13 H. QUORUM MAJORITY VOTE 14 1)Quorum: The number of members sufficient to constitute 15 a quorum shall be fifty per centum (50•%) of the total number of 16 parties to SUNLINE plus one (rounded to the nearest whole 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 25 Agreement. 26 b) All other actions taken by the Board shall require a 27 majority vote of the quorum in attendance, or a weighted majority 28 vote of that quorum if so called. RAY T, SULLIVA N, JR. �� COUNTY COUNS$L LAW LIBRARY SLOG. -6- RIVSRSTOQ, CALIFORNIA 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46 c) An abstention shall be considered neither an laffirmative 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. SECTION 4. GENERAL .MANAGER. There shall be a General Manager of SUNLINE. the General Manager shall be recruited in a method as determined by the Board of Directors. The General Manager shall be responsible for carrying out the policies and directives of the Board. The General Manager shall: i. Prepare and submit to the Board the annual Administrative, Operations and Capital Expenditure budgets as provided in SECTION 9 (FINANCIAL SUPPORT); ii. Appoint, assign, direct, discipline and remove SUNLIKE employees subject to the personnel rules adopted by the Board; iii. Advise the Board on all matters relating to the !operation of SUNLINE and the various programs of work, promotion hand expansion; iv. Provide periodic financial reports covering SUN -LINE operations in the manner and at the times determined by the Board; v. Approve for payment, under the procedure adopted by the Board, all valid demands against SUNLINE. SECTION 5. CONTROLLER, FINANCIAL STATEMENTS. The Auditor -Controller of the County of Riverside is designated the Controller of SUNLINE. The Controller shall draw warrants to pay demands against SUNLINE as approved by the SUN --LINE General Manager. The Controller shall keep and maintain records and books of account according to normally accepted accounting RAY T. SULL-IVAN. JR. II COUNTV COUNSEL IJI LAW LIB ARY BLDG. RIVERSIDfi, CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 1.2 13 14 15 16, 17 18 19 20 21 22 23 24 25 26 27 28 0 0 procedures and approved by the Board. The books of account shall include records of assets, liabilities and contributions made by each party to this Agreement. The SUNLINE Controller shall prepare a financial state- ment of SUNLINE in July and January of each year. The statement shall reflect SUNLINE transactions from January through June and from July through December of each year. When such a financial statement has been prepared, distributed, and approved by the Board it shall be used to determine capital investment contribution amounts. SECTION 6. TREASURER. The Treasurer of the County of Riverside is designated the treasurer of SUNLINE to be the depositary and have custody of fall the money of the agency from whatever source. The treasurer shall: i. Receive and receipt for all money of SUNLINE and place it in the County of Riverside treasury to the credit of SUNLINE; ii. Be responsible upon his official bond for the safekeeping and disbursement of all SUNLINE monies; iii. Pay when due all sums payable on outstanding bonds and coupons of SUNLINE, if any; iv. Pay any other sums due from SUN -LINE, or any portion thereof, only upon warrants of the SUNLINE Controller; and v. Verify and report in writing on or promptly after the first day of July, October, January and April of each year to SUNLINE, and each of the parties to this Agreement, RAY T. SUl-LIVAN, JR. COUNYY COUNSEL L API LIBRARY BLDG. RIV ER5I0E. CALIFORNIA 0 0 1 the amount of money held for S NLINE, the amount of 2 receipts during the preceding calendar quarter and the 3 amount paid out during the preceding calendar quarter. 4 SECTION 7. BONDING. 5 The public officers and persons who have charge of, handy 6 or have access to any property of SUNLINE shall file an official 7 bond in accordance with Section 6505.1 of the California 8 Government Code. 9 SECTION S. FISCAL YEAR. 10 For the purposes of this Agreement, the term "Fiscal Year 11 shall mean the twelve (12) month period from July 1 to and includ- 12 ing the following June 30. 13 SECTION 9. FINANCIAL SUPPORT. 14 At the time of approval of SUNLINE'S annual Administrativ 15 Operations and Capital Expenditure Budget, the Board shall determi 16 the amount of financial support to be provided by SUNLINE Members 17 as follows: is A. ADMINISTRATIVE EXPENSES shall be apportioned to 19 each party to this Agreement in proportion to its 20 respective annual transit service hours, or by any 21 other equitable basis established by the Board. 22 B. OPERATIONAL EXPENSES shall be charged annually to 23 each party to this Agreement based upon its respective 24 annual transit service hours, or by any other equitable 25 basis established by the Board. 26 C. CAPITAL EXPENDITURES shall be charged to such party 27 or parties to this Agreement as desire to increase their 28 respective capital assets. RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW LIBRARY BLDG. RIVERSIDE, CALIFORNIA -9- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 D. OTHER EXPENSES incurred by SUNLINE, due to any request by any party to this Agreement resulting in an unusually large, unanticipated operational or administrative expense, shall be charged to that party. SECTION 10. ADDITIONAL PARTIES. Any local public agency with the power and authority to own, operate and maintain a transportation system may join SUNLINE, if not otherwise contrary to law. Any such agency so joining shall become a party subject to: i. Approval of the Board; ii. Acquisition of at least $25,000.00 of capital assets. Assets may be acquired in satisfaction of this provision either by purchasing capital assets from an existing party, or by contributing funds in like amount to the capital asset account Of SUNLINE. Nothing in this provision shall be construed to allow any party to reduce its capital contribution to less than $25,000.00; iii. Execution of this joint powers agreement as then constituted; and iv. Such other terms and conditions as may then be applicable to all other parties to this Agreement. Any such agency meeting the above conditions shall be entitled to representation on the Board as provided in SECTION 3. BOARD OF DIRECTORS, supra. SECTION 11. TERM, This Agreement shall become effective on July 1, 1977, and shall continue in force until terminated as provided in RAY T. SULLIVAN, ,1 R. COUNTY CO VN4EL LAW LIBRARY SLOG. RIVERSIDE, CALIFCRNIA -10- 0 :° SECTION 17. TERMINATION, infra. 2 SECTION 12. PARTIAL INVALIDITY. 3 If any one or more of the terms, provisions, promises, 4 covenants or conditions of this Agreement shall to any extent be 5 adjudged invalid, unenforceable, void or voidable for any reason 6 whatsoever by a Court of competent p jurisdiction, each and all of 7 the remainingterms, , 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 10 unless such partial invalidity substantially prejudices the rights 11 of any parties to this Agreement. 12 SECTION 13. PARTIES' LIABILITY. 13 The parties to this Agreement, whether individually 14 or collectively, do not assume, nor shall an art Y party or parties be 15 deemed to assume, liability for: 16 i. Any act of SUNLINE or for any act of SUNLINE 17 agents or employees; 18 ii. The Payment of wages, benefits or other compensation 19 to officers, agents or employees of SUNLINE; or 20 21 iii. The payment of workers' compensation or indemnity to agents or employees of SUNLINE for 22 injury or illness arising out of performance of this 23 Agreement. 24 SECTION 14. SUCCESSORS. 25 26 Insofar as the rights and obligations created under this 27 Agreement can be assigned, delegated, transfered or encumbered by 28 the respective parties hereto within the limitations of all applicable law, both public and private, the terms of this RAY T, SULLIVAN, JR. COUNTY COUNSEL LAW LIBRARY HLDO RIVERSIDE, CALIFORNIA �i l� 1 Agreement shall be binding upon and inure to the benefit of the 2 successors of each or any party hereto. 3 SECTION 15. ASSIGNABILITY. 4 Subject to such conditions as may be imposed by law or 5 imposed by any State or Federal entity which has provided financia 6 assistance to SUNLINE, any or all rights and property subject to 7 this Agreement may be assigned to facilitate the purpose of this 8 Agreement. Any assignment shall require unanimous written consent 9 of all parties to this Agreement at the time of assignment. Such 10 consent must be unanimous as to both the assignment, and the terms 11 thereof. 12 Assignment of any interest under this Agreement, whether 13 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. 17 SECTION 16. WITHDRAWAL OF PARTY. 18 A. NOTICE , 19 Any party to this Agreement may withdraw herefrom as 20 of the first day of July of any year, on at least six 21 months prior notice. Notice of intent to withdraw shall be served 22 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 REIFMURSENENT. 26 Inasmuch as capital contributions credited to a particular 27 party may have derived from any of a number of sources, each 28 source having possibly different regulations and conditions as RAY T. SULLIVAN, JR. COUNTY COUNSEL SILAY! LI6RARY ELDO. -12- RIVERDE, CALWORNIA • 1 to use of the capital items the following guidelines for reimburse 2 ment of capital items are to be followed insofar as not in confiic 3 with those regulations or conditions. 4 1) Capital contributions made from a withdrawing 5 party's own funds shall be reimbursed as follows:' B a) A withdrawing party shall be compensated 7 for its total capital investment contributed, 8 less depreciation; 9 b) A withdrawing party shall be compensated 10 for the accumulated reserve for replacement II contributed by that party. Reimbursement 12 shall be made either by return of the particular 13 capital assets contributed or by payment of 14 equivalent cash value, at the Board's discretion. 15 Cash payments in reimbursement may be made in 16 installment payments over a period of time not 17 to exceed five years, in a manner to be determined 18 by the Board. 19 2) Capital contributions made in a party's behalf from 20 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: RAY T. SULLIVAN, JR. COVNTY COUNSEL LAW LIBRARY 6LOO. -13- 4IVERSIDE. CALIPORNIA 1 (1) For capital assets costing less 2 than $50,000 and for buses for a period 3 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 7 following guidelines 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 manner originally contemplated when the Urban 12 Mass Transportation Capital Grant Contract 13 was made, or are withdrawn from mass trans- 14 portation service, SUNLINE shall immediately 15 notify the United States of America, Department 16 of Transportation, Urban Mass Transportation 17 Administration (hereafter UMTA) of such fact 18 and shall remit thereto a proportional 19 amount of the fair market value, if any, 20 of such facilities or equipment determined 21 on the basis of the ratio established in the 22 Capital Grant contract. For the purpose of 23 this provision, the fair market value shall 24 be deemed to be the value of the facilities 25 or equipment as determined by (a)competent 26 appraisal conducted as soon after such 27 withdrawal or other use occurs as feasible or 28 b ( ) the actual proceeds from the public sale RAY T SULLIVAN. JR. COUNTY COUNBBL LAW LIBRARY BL DO, RIVERSIDE, CAL IPONI w1 �.r RA 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAY T. SULPVAN. JR. II COUNTY COUNSEL `II LAW LIBRARY BL OD. RIVERSIDE. CALIFORNIA of such property, whichever is approved by UMTA . (2) Beyond the above specified time limits for the above specified assets, reimbursement for such assets shall be made as if the assets were from the withdrawing par ty's own funds, pursuant to subsection B. 1), above. c) Capital contributions made in behalf of a party by another subject to 'regulations and conditions, shall be reimbursed according to appendant reimburs ment provisions, or in absence thereof, shall be turned to the contributing agency. SECTION 17. TERMINATION. The provisions of public transportation service being of paramount importance, termination of this joint power agency shall be effected in the manner calculated to cause the least disruption of then existing public transportation service as is practical. This Agreement may be terminated before the end of the second fiscal quarter of any fiscal year upon mutual agreement of all parties hereto. in order that a systematic wind-up or transfe of public transportation services may take place, termination shal not become effective nor shall SUNLINE cease to operate public transit service for 6 months thereafter or until the end of the second fiscal quarter succeeding the quarter in which the decision to terminate is made. SECTION 18. DISTRIBUTION OF ASSETS UPON TERMINATION. If this Agreement is terminated by any method whatsoever, all capital assets owned by SUNLINE shall be distributed according -15_ 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 28 RAY T. SULLIVAN, JR. cc UKTY COUNSEL LACY LIBRARY BLDG. RIVERSIDE, cALIROANIA • 1] to the provisions of Section 16, subsection B. All other assets, subject to conditions or restrictions shall be distributed accord- ing to those conditions or restrictions. Any other remaining assets shall be distributed to the parties in same proportion as that reflected in their respective accumulated capital contribution accounts to the total accumulated capital contribution. Assets may be distributed in kind or in equivalent cash value, in the Board's discretion. if the parties cannot agree as to the valuation of property or to the manner of its distribution, the distribution or valuation shall'be made by a panel of three (3) referees. One (1) referee shall be appointed by the objecting entity(ies) and one (1) referee shall be selected and appointed by the Board, and thosereferees shall appoint a neutral third referee. This Agreement shall not terminate until all property has been distributed in accordance with this provision, and the termination and property distribution hereunder shall have been effected in a manner reasonably calculated to cause the least disruption to existing public transportation service. SECTION 19. IMPLEMENTATION. A. ORGANIZATIONAL MEETING. The organizational meeting of the Board shall be held July 1, 1977 at 9.30 a.m. at Palm Desert, California. At the organizational meeting the Board shall: 1) elect officers; 2) adopt rules of procedure; 3) establish the time and place for its regular meetings, provided, however, that meetings shall be -16- 2 3 4 5 tio 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 26 27 28 0 held at least once each calendar quarter; 4) provide for notice of Joint Exercise of Power Agreement to be filed with the Secretary of State within 30 days after the effective date of this Agreement; 5) appoint committees as deemed necessary to perform supportive functions for the well being of SUNLINE; 6) adopt a budget; and 7) provide for the selection and compensation of an attorney. Not later than 120 days following the organizational meeting of the Board, SUNLINE shall complete all required acts and procedures preliminary to initiating public transportation services; and within this time, on a date to be determined by the Board, SUNLINE shall commence and maintain public transportation (service in accordance with this Agreement. B. TRANSFER OF ASSETS. Not later than 90 days following the organizational meeting of the Board, each party to this Agreement shall provide an itemized list of each asset to be conveyed or assigned to SUNLINE. The list shall specify the capital investment value (including capital grants) of each item listed, the list shall also specify any grant conditions imposed on each item and have a copy thereof appended. Not later than 120 days following the organizational meeting of the Board, and prior to initiating public transportati service, the Board shall accept for SUVLINE the conveyance and/or assignment of the above mentioned assets from the parties to this RAY T. SULLIVAN, JR. �) COUNTY COUN56L LAW LIBRARY BL 06. _�7r RIVERSIDE. CALIFORNIA 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAY . "LL"" JR. 1I COUNTY COUNs6L LAW LIBRARY 6LOG. RIY ERSID E. CAL. IPCRNIA • I Agreement. SUN -LINE shall assume any outstanding indebtedness and the obligation of any conditions or encumberance so listed, including, but not limited to, all obligations imposed on any party to this Agreement by reason of Federal or State grant conditions, rules, or regulations relating to public transportat services. C. PROVISION, OF TRANSIT SERVICE 1) Determination of Transportation Service. On the date it initiates transportation service, SUiLINE shall exercise the common power of the parties by providing and maintaining a public transportation service in accordance with the requests of the various parties to this Agreement. Each party to this Agreement will determine service characteristics within its agreed service area, as defined in Exhibit "A" attached hereto and incorporated herein by reference. Service characteristics to be determined include hours of operation, frequency of operation, areas and routes to be served. 2) Extended Service. Within SUNLINE capabilities, as determined by the Board, transportation service may also be provided to points outside the service area of a party if so requested. A party requesting and receiving such extended service shall be charged according to the terms of Section 9. 3) Fares and Service Level. Initially, the same fares and at least the same minimum service levels, including equipment type, shall be maintained by SUNLINE as was last provided by the party last providing such -18- 1 2 3 4 5 6 7 "l 01 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 25 26 27 28 RAY T...L"=, ". COUNTY COUNSEL LAW LIBRARY 6LOG. RIV II LERSICE. CALIFORNIA 0 service, subject to the desire of the party to pay for service under the provisions of this Agreement. D. EMPLOYEES. Not later than 120 days following the organizational meeting of the Board and prior to initiating the public transporta- tion service, SUNLINE shall offer employment to the existing public transportation system employees of the Palm Springssinliner System, subject to any rule or restriction imposed by the provisions of existing public transportation grant contracts. The employment by SUNLINE of each such employee shall be of substantially the same kind and level as the employment currently enjoyed by the employees. Salary, fringe benefits and seniority rights shall be provided to the fullest extent possible at the current level. In the event SUNLINE undertakes to provide transit sery by means of contract with an independent contractor, the require- ments of this section shall be deemed to have been satisfied if SUNLINE shall require that said contractor make the offer of employment as required above. DATED • 2-d ATTES a T : BY � J� , ►�� &-u city irk Mia cna c er- •-*PPRQUD AS TO._FORM: City A Ca TZ OF d � � BY Mayor -19- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22 23, 24 25 26 29 28 DATED: Ai' e City Clerk APPROVED AS TO FORK: By Ci Attorney DATED: /� �� DATED: 6 4 �/- ZZ ATTEST: City C. --AS TO orney DATED: ATTEST: City Clerk Gk��Tii�� i CiTy Op Palm Springs, California By APPROVED BY THE CIYY COUNCIL ci By 0 CY TY OF � tv -20- iAY T. SULLIVAN, JR. COUNTY COUNSEL LAW LIBRARY BLDG. a1V CRSIDE, CALIFORNIA ?we o- 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAY T. SULLIVAN, JR. COUNTY COUNBCL LATI LIBRARY BL 06. RIV ERS[O 6, CAL. IFORNIA 0 ! DATED: ATTEST: By City ckerk APPROVED AS TO FORM: By City Attorney CITY OF DATED: FE8 2 2 1977 COUNTY OF RIVERSIDE ATTEST: Donald D. Sullivan, Clerk By BY � puty Vice Chairman, Board of Supervisors (Seal) -21- r - "SUNLINE JOINT POWEf AGREEMENT EXHIBIT A: TRANSIT SERVICE AREAS T •• n 1"1 � W D 9U H W-P u •1 aJ W m -W a) to rC 0 -P •0a)k to via�no-P4J-HuM H vp wo 4. • ... ..... ••..•.•.. 00.•• 0•♦ n •o °j• ••. • • ti. s S • • o i O • •O • • pip • • s • • • • • a s •.r• • •fe•..• • • i• • • • 0 DUPLICATE ORIGINAL FOURTH AMENDMENT TO SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT This Fourth Amendment to SunLine Joint Powers Transportation Agency Agreement ("Fourth Amendment") is entered into by and between the COUNTY 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 becomes parties to the Agreement. This Fourth Amendment is made and entered into on the date last executed by the Parties hereto. RECITALS A. SunLine Transit Agency is a joint powers agency established by the SunLine Joint Powers Transportation Agency Agreement (the "Agreement") on or about May 20, 1977. B. The first amendment to the Agreement was approved on or about June 11, 1991, and a second amendment to the Agreement was approved on or about March 31, 1992. A third amendment to the Agreement was prepared in 2013 and all necessary signatures were obtained in 2016. C. A previous version of this Fourth Amendment was prepared and circulated to the member agencies for approval earlier this year, but the Fourth Amendment was not unanimously approved by the member agencies. C. This revised Fourth Amendment amends the Agreement to include specific authority for the Board of Directors to receive compensation for attendance at Board and committee meetings consistent with State law, and ratifies previous payments made to the Board of Directors. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. 1.1 Section 2 (Authority) is amended to read as follows: "Pursuant to Section 6500 et seq., of the California Government Code there is hereby created a public entity to be known as "SUNLINE", a public entity separate and apart from the individual parties to this Agreement. Pursuant to Section 6509 of the California Government Code, the laws of the State of California applicable to cities organized under a charter, shall govern SUNLINE in the matter of exercising its powers, subject, however to such restrictions as are applicable to charter cities in the manner of exercising such powers, as required by Government Code Section 6509." -1- 05 "t yc• 11 1.2 Section 3 (Board of Directors), paragraph E (Meetings) is amended to add a new subparagraph 3, to read as follows: "3) Compensation The Board may, by resolution, provide Board members a stipend for attendance at Board meetings and subcommittee meetings. Notwithstanding Section 2 of this Agreement, the maximum stipend a Board member may receive shall be consistent with the limitations on compensation for service on a commission, committee, board, authority, or similar body applicable to general law cities in Government Code section 36516(c), as such section may be amended from time to time." 2. RATIFICATION OF PAST PAYMENTS. The parties hereby ratify all payments that have been made by the Agency to the Board of Directors as compensation for attendance at Board meetings and subcommittee meetings. 3. GENERAL PROVISIONS. 3.1 Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Agreement, as amended, remains in full force and effect and binding upon the parties. 3.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. 3.3 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment. 3.4 Counterparts. This Fourth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. Dated: il 11V )1-7 CITY OF DESERT HOT SPRINGS M Name/Cha les L. Maynard Title: i anager -2- ATTEST: �w yl . .R - rk APPROVED AS TO FORM 1 " Jennif . Mizrahi, City Attorney Dated: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney Dated: CITY OF PALM SPRINGS Name: Title: CITY OF PALM DESERT 92 Name: Title: -3- City Clerk APPROVED AS TO FORM City Attorney Dated: ATTEST: 4�oz rk ,City Clerk APPROVED AS TO FORM &Zz� — City Attorney Dated: ATTEST: CITY OF PALM SPRINGS APPROVED BY Cr Y COUNCIL r' CITY OF PALM DESERT 0 Name: Title: -3- , City Clerk APPROVED AS TO FORM Dated: ATTEST: , City Attorney , City Clerk APPROVED AS TO FORM City Attorney Dated: I/ i ATTEST: CITY OF RANCHO MIRAGE By: Name: Title: CITY OF CATHEDRAL CITY a/4�� , e�— �_ .:.✓sue in Dated: ATTEST: APPROVED AS TO FORM COUNTY OF RIVERSIDE 0 -7- , City Clerk APPROVED AS TO FORM Dated: ATTEST: City Attorney , City Clerk APPROVED AS TO FORM City Attorney CITY OF PALM SPRINGS 0 Name: Title: CITY OF PALM DESERT Dated: JANUARY 26, 2017 B. ,Dame: JAN c. HARNIK I itle: MAYOR ATTEST: -3- RACH LE D. KLASSEN y Clerk CITY OF PALM DESERT APPROVED AS TO FORM Dated: ATTEST: Attorney , City Clerk APPROVED AS TO FORM , City Attorney Dated: ATTEST: CITY OF INDIO Name: Title: CITY OF COACHELLA Name: Title: 51 , City Clerk APPROVED AS TO FORM City Attorney CITY OF RANCHO MIRAGE Dated:_O % f � �_ / � ©� fi' By: � ame: ie �l ► 1 Title: Mo,UjOv- ATTEST: K�r�st, e Rc�uy�os , City Clerk APPROVED AS TO FORM SEve ('Jn •n<< ityAttomey Dated: ATTEST: CITY OF CATHEDRAL CITY in Name: Title: 1.1 , City Clerk APPROVED AS TO FORM Dated: ATTEST: City Attorney City Clerk APPROVED AS TO FORM City Attorney CITY OF LA QUINTA Name: Title: CITY OF INDIAN WELLS Dated: February 16, 2017 By: ame: Richard Balocco Title: Mayor ATTEST: -5- Afina Gran _y , City Clerk APPROVED AS TO FORM t;t� p 4e� Stephen P. Dei tschCity Attorney Dated: ATTEST: , City Clerk APPROVED AS TO FORM City Attorney Dated: ATTEST: CITY OF RANCHO MIRAGE In Name: Title: CITY OF CATHEDRAL CITY in Name: Title: S:l , City Clerk APPROVED AS TO FORM , City Attorney Dated: I 1 ATTEST: ,;� N�0� Susan Maysels, City C rk APPROVED AS TO FORM William H. Ihrke, City Attorney Dated: ATTEST: CITY OF LA QUINTA CITY OF INDIAN WELLS Name: Title: -5- A 111'L61:2 M101 Dated: l - 30--17 By:s;:;:)a,, Dan Martinez City. Manager ATTEST: CYNTHIA HER NDEZ City Clerk APPROVED AS TO FORM ROXANNE DIAZ City Attorney Sty , City Clerk APPROVED AS TO FORM Dated: ATTEST: City Attorney City Clerk APPROVED AS TO FORM City Attorney 141WK41=1111ld Name: Title: CITY OF COACHELLA Dated: �� t �L7 / By: �41— — ATTEST: Name: Steven A. Hernandez Title: Mayor -4- Angela M. peda, City Clerk APPROVED AS TO FORM ((n Carlos Camp 'ty Attorney Dated: ATTEST: , City Clerk APPROVED AS TO FORM City Attorney Dated: ATTEST: CITY OF LA QUINTA Name: Title: CITY OF INDIAN WELLS M Name: Title: -5- , ity Clerk - APPROVED AS TO FORM City Attorney COUNTY OF RIVERSIDE Dated: 0 ATTEST: APPROVED AS TO FORM ATTEST- B:� DEPUTM' �Ihv -- / G li-I Kri ine Bell Valdez, De u unty Counsel EACH DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED IS CERTIFIED TO BE A FLU TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE AND OF RECORLa iI M FFIC Dated- _tip f C0 2,01 KECIA AA -?PER 1HEM Clerk to the Board of Supervisors County of Riverside, California �i I7•%�� �lfL�I.LL�J_L _ • -7- 10:11 R 0 Md I ple17► SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT THIS THIRD AMENDMENT TO SUNLINE JOINT POWERS TRANSPOR- TATION AGENCY AGREEMENT (the "Third Amendment") is made and entered into by and between the COUNTY 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 Amendment") 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 a06/14/16 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)Quorum: The number of members 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) Majority Vote: (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 a06/14/16 -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. SECTION 4: This Third Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 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 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 aO6/14/16 -3- (c) An absiention 4 atl be' considered neither an affiirmative nor a negative vote, but -tl a prespdoe of the nietnber absUiwptg shale be counted in deterniinirig whether or not there is a. quprum -in aiteindarice: All other actions - - taken by the Board shall require a majority. vote ofthe. quorum in attendance. -- - -- 5 M.0.1 Except, as so expressly stnended, the JPA, as modrtfied,by the Biitt-and Secdnd Avi btfteats, shall retniin.in full force. and effect as executed bythe Pardes:thereto., 1 QF; . fhe Pbard of Supervisors of tine COUNTY (7F kNtRE ; 'itud the City Councils 6f the cities of CCACnLq.LAti II*iDTb; L .Qtffl+��A,, INDIAN' WELL§, PAW NMERT, )RANCHO MMA6B,' ..PALM SPRi1-CS; GA`IMDR:AL CITY, and DBSERT HOT SPRINGS. have each a*ho#* execution of this Third: Amendment as evidenced by the authorized signatures beitiw. �G �+ Chai,Anon.rd of- Stipervis'ors TiCST ATTEST. By; KEG A P -I EM, ferk GJeri, Court . erside B DEPUT APPROVED AS'TO FORM, rytounsel, County ofRiverside 26024041-002 47795o9.1 101c0113 .3- MAY 14 2013 CITY OF COACHELLA B Al116� y: Mayor ATTEST: By: ._Q au"ZeL b4ipu+-Z) City Clerk, City of Coachel APPROVED AS (M By: City Attorney, h lla CITY OF INDIO Mayor ATTEST: am City Clerk, City of Indio APPROVED AS TO FORM: City Attorney, City of Indio CITY OF LA QUINTA Mayor ATTEST: L-0 City Clerk, City of La Quinta 2611024041-0002 4779509.1 a06/14/16 -4- CITY OF COACHELLA Mayor ATTEST: By: City Clerk, City of Coachella APPROVED AS TO FORM: By: City Attorney, City of Coachella CITY OF INDIO ATTEST: By; Ao-r-u'- &- City Clerk, City of dio,cl dG.� APPROV TO FO By: City Attorney, City of Indio CITY OF LA QUINTA Mayor ATTEST: LOW City Clerk, City of La Quinta 261 024041.0002 4779509.1 a0& 14 16 -4- CITY OF COACHELLA Mayor ATTEST: City Clerk, City of Coachella APPROVED AS TO FORM: By: City Attorney, City of Coachella CITY OF INDIO I: ATTEST: By: City Clerk, City of Indio APPROVED AS TO FORM: By: City Attorney, City of Indio Mayor CITY OF LA QUINTA J. )WEVA4K, City Manager ATTEST: By: S�� 6z4v4� SUSAN MAYSELS, Cit erk 261/024041-0002 4779509.1 a06/27116 -4- APPROVED AS TO FORM; WML%AM H. IHRRB, City Attorney . CITY OF INDUN WELLS • 1 By: Mayor ATTEST: E By: City Clerk, City of Indian Wells APPROVED AS TO FORM- By - City Attorney, City of Indian Wells CITY OF PALM DFSERT : 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 2611024041-0002 4779509.1 a0&27Jt6 ATTEST: Z7X By: �4 .0� City Clerk, City s APPROVED AS TO FORM: By:, - - City Attorney, City of Indian Wells ATTEST: In City Clerk, City of Palm Desert APPROVED AS TO FORM: By: City Attorney, City of Palm Desert ATTEST: City Clerk, City of Rancho Mirage APPROVED AS TO FORM: In City Attorney, City of Rancho Mirage CITY OF INDIAN WELLS i CITY OF PALM DESERT Lo Mayor CITY OF RANCHO MIRAGE Mayor _'61 024041-0002 1?J9509.1 a06 14 16 -5- CONTRACT NO. C00-515 APPROVED AS TO FORM: By: City Attorney, City of La Quinta CITY OF INDIAN WELLS 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: d 1- I h r Mayor m! 0114, 7 F if, 1011a._ _mot • i' Citj Attorneyl City of Palm Desert CITY OF RANCHO MIRAGE Mayor ATTEST: By: City Clerk, City of Rancho Mirage 261/024041-0002 4779509.1 n06/14/16 -5- APPROVED AS TO FORM: By: City Attorney, City of La Quinta CITY OF INDIAN WELLS M. ATTEST: By: City Clerk, City of Indian Wells APPROVED AS TO FORM: By: City Attorney, City of Indian Wells Mayor 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: .� -Z' a2ae�' Mayor ATTE T: Nc h, n City Clerk, City of Rancho Mirage 261/024041-0002 4779509.1 a06/14116 -5- APPROVED AS TO FORM: By: (7 ,> 9::I\n X.r City Attorney, City of kancho Mirage Cat^ kid }r; CITY OF PALM SPRINGS Lei C c�Y JNrio r'" y LE Mayor ATTEST: By: City Clerk, City of Palm Springs APPROVED AS TO FORM: By: City Attorney, City of Palm Springs CITY OF CATHEDRAL CITY Mayor ATTEST: By: City Clerk, City of Cathedral City APPROVED AS TO FORM: Un City Attorney, City of Cathedral City CITY OF DESERT HOT SPRINGS Mayor ATTEST: By: City Clerk, City of Desert Hot Springs 261/02"-0002 4779509.1 a06/14/16 -6- ATTEST: B �ty Clerk, City of Palm Springs APPROV O FORM: By: City A orney, City of Palm Springs ATTEST: LIM City Clerk, City of Cathedral City APPROVED AS TO FORM: M. City Attorney, City of Cathedral City ATTEST: City Clerk, City of Desert Hot Springs APPROVED AS TO FORM: By: City Attorney, City of Desert Hot Springs CITY OF PALM SPRINGS City Manager APPROVED BY MY COUNCIL k. CITY OF CATHEDRAL CITY Mayor CITY OF DESERT HOT SPRINGS Mayor 261/024041-0002 4779509.1 a0U26l15 -6- Mayor ATTEST: City Clerk, City of Palm Springs APPROVED AS TO FORM: LO-32 City Attorney, City of Palm Springs CITY OF CATHEDRAL CITY By: Mayor ATTEST: BY15j -AZ" City Clerk, Vity of tathedral Citk APPROVED AS TO FORM: < c , By: v City Attorney, City o Cat edral City CITY OF DESERT HOT SPRINGS LIM Mayor ATTEST: LE City Clerk, City of Desert Hot Springs APPROVED AS TO FORM: By: City Attorney, City of Desert Hot Springs 261/024041-0002 4779509.1 a02/17115 -6- APPROVED AS TO FORM: By: City Attorney, City of Rancho Mirage CITY OF PALM SPRINGS Mayor ATTEST: By: City Clerk, City of Palm Springs APPROVED AS TO FORM: By: City Attorney, City of Palm Springs CITY OF CATHEDRAL CITY Mayor ATTEST: City Clerk, City of Cathedral City APPROVED AS TO FORM: LI-A City Attorney, City of Cathedral City CITY OF DESERT HOT SPRINGS Mayor ATTEST: By: it Clerk, ity o Desert Hot Springs 2611024041-0002 4779509.1 a06114l16 -6- APPROVED AS TO FORM: By: — �MN w City AeorfyCity of Desert Hot Springs 261 /024041-0002 4779509.1 a06114l16 -7- S ' SunLine Joint Powers Agr Amend #2 re Taxicab Reg AGREEMENT #1281 R17658, 10-2-91 SECOND AMENDMENT TO SUNLINE JOINT 1 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 seq. Page 1 LAS\091391\6112\03SECJPA.A A: OCT 1 FT1 0 0 ,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: 1. 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 shall accomplish the foregoing, subject to action by its Board of Directors, by adopting an ordinance or 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 LAS\091391\6112\03SECJPA.A 0 0 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. TERMINATION 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 5unline of the party's intent to 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\6112\03SECJPA,A 0 • 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 WHEREOF, 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. N:K' m F�cs! i7- Dated: , 199A, COUNTY OF RIN&E & Approved As To Form: County3 Counsel Dated: Dated: Approved As�.,To Form: I� Cit ttorney Dated: Approved As To Form: ,n City Attorne , 1991 , 1991 1991 Page 4 LAS\091391\6112\03SECJPA.A yor .A r: 0 Dated: , 1991 Approved As To Form: A&j At�� City'Attorney Dated: , 1991 Approved s o Fo cYty r torney Dated: March 19, 1992 1991 AppnAs T Form: ) I _�, � Ci rney Dated: , 1991 Approved As To Form: r City Attorney Dated: October 22 , 1991 Approved As To Form: City Attorney Dated: _ _ -- -- - 1991 fIttorn- Page 5 LASN091391\6112\03SECIP4,A CITY OF INDIAN WELLS CITY OF PALM DESERT CITY OF RANCHO MIRAGE dad �-- \. �-~--�.—e.�� • � May r e � r ✓ —' N 1. CITY OF PALM SPRINGS J F Mapor CITY OF CATHEDRAL CITYLIU �. e�9 raa rL oyd&e��� mayor CITY OF DESERT HOT SPRINGS LAW OFFICES OF LYNN D. CRANDALL ATTORNEYS AT LAW LYNN D CRANDALL 43-645 MONTEREY AVENUE, SUITE D TELEPHONE (619) .346-7557 WALTER J. R TRAVER PALM DESERT, CALIFORNIA 92260 TELECORIER (6191 773-3669 L1SA A. SE00 ELIPABETH OLIVtER April 27, 1992 Allen R. Briggs, Esq. Dawn Honeywell, Esq. P.O. Box 5001 STRADLING, YOCCA, CARLSON & RAUTH Cathedral,City, CA 92234-5001 660 Newport Ctr. Dr. Ste. 1600 Newport Beach, CA 92660-6441 Jimmy Gutierrez, Esq. 12616 Central Ave. Chino, CA 91710 Timothy M. Conner, Esq. Attn: Pam Fields BEST, BEST & KRIEGER 39-700 Bob Hope Dr. Ste. 312 Rancho Mirage, CA 92270 Rob Bower, Esq. RUTAN & TUCKER 611 Anton Blvd. Ste. 1400 Costa Mesa, CA 92626 Gerald Blankenship, Esq. 3535 10th Street, #300 Riverside, CA 92501 David L. Erwin, Esq. Attn: Pam Fields BEST, BEST & KRIEGER 39-700 Bob Hope Dr. Ste. 312 Rancho Mirage, CA 92270 David Aleshire, Esq. RUTAN & TUCKER 611 Anton Blvd., Ste. 1400 Costa Mesa, CA 92628 Jean Leonard Harris, Esq. 69-825 Highway 111 Rancho Mirage, CA 92270 Re: SunLine Joint Powers Agreement (Second Amendment, Ladies and Gentlemen: I have enclosed a fully executed original of the Second Amendment to SunLine Joint Powers Transportation Agency Agreement for your respective cities and the county. The Agreement has been signed by everyone and I am forwarding the original document for your city or county so that you may distribute it in accordance with your ordinary practice. Very truly yours, LAW OFFICES OF LYNN D. CRANDALL 47 Lisa A. Sego LAS:sgc Encls. 6112.03 SunLine Joint Powers Agr Amend re Taxicab Regulations AGREEMENT #1281 AMENDMENT TO SUNLINE JOINT POWE , R17430, 2-20-91 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 agencies 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 LAS\020791\6112\03JPA.A8 Page 1 MAR 5 1991 3, 2 l 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 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 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 sea. 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: 111.2 An additional purpose of the JPA Agreement and the Joint powers agency established thereby is to regulate, Page 2 LAS\020791\6112\03JPA.A8 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. 111.3 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. 111.4 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 LAS\020791\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 6500 et sea. and section 53075.5. California Vehicle Code section 21100 and other applicable law, to regulate taxicab services. in exercise 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: 118 ) To exercise jointly the common powers of the parties hereto to regulate, license and franchise taxicabs and Alternative Transportation; 119) 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 LAS\020741\6112\03JPA.A8 0 0 1113) To adopt an ordinance establishing a system of rates, regulations, licensing and franchise requirements; 1114) To amend from time to time the rate schedule, safety, licensing and franchise requirements referred to herein. 1115) To do all other acts reasonable and necessary in order to carry out the purposes of the JPA Agreement and this Amendment." 5. Existing 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. DUTIES 111) 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 LA5\020791\6112\030A.0 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 Amendment in accordance with the provisions of California Government Code, sections 6500 et sea. and as prescribed by the laws of the State of California. 112) SunLine shall accomplish the foregoing, subject to action by its Board of Directors, by adopting an ordinance or ordinances providing for 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 regulate, 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.AS 0 0 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 or 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 to 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 SunLineIsGeneral Manager, subject at all times to the authority of the Board of Directors. SunLine shall have custody of all funds and shall provide for strict accountability thereof in accordance with applicable laws of the State of California. I'D. The funds collected by SunLine pursuant to the Page 7 LAS\020791\6172\03JPA.A8 provisions of legislation 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 regulation 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 1st through June 30 of each year." 12. The existing paragraph 16A of the JPA Agreement shall be numbered as Section 16A 1). 13. Section 16 of the JPA Agreement is amended by adding section 16A 2) as follows: 112) Any party to the JPA Agreement may terminate its rights and obligations under that portion of the JPA Agreement 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 giving sixty days (60) days written notice to Sunline of Page 8 LAS\020791\6112\03JPA.A$ i 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: 113) 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 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 Page 9 LAS\020791\6112\03JPA.A8 9 evidenced by the authorized signatures below, respectively. Dated: I I , 1991 Approved As o Form: / County Counsel Dated:- /9 ,, 1991 COUNTY OF RIVERSIDE A. CITY OF COACHELLA Appro ed orm: 0 !0- y Att ney ayor Dated: Approve s o Fo -,city Aftorney , 1991 CITY OF INDIO Dated: r�G7� , 1991 Approved As To Form: r City Attorney Dated: Approved As To Form: City Attorney LAS\020791\6112\03JPA.AB , 1991 Page 10 a - If Mayor CITY OF LA QUINTA CITY OF INDIAN WELLS fftj wo - MR1 MAR 5 1991 3, z ( W Dated: Approved A o Form: o r n e y , 1991 Dated: 7 r 30 _ _ _ , 1991 ec As Teo Form: ty v v Dated: J l� , 1991 Approved As To Form: City Attorney Dated: , 1991 Approved As To Form: Dated: Approved As To Form: ��1-1, city t orney LAS\020791\6112\03JPA.A8 CITY OF PALM DESERT V2 - �f 2 �- a &, 4 �-ae Mayo CITY OF RANCHO MIRAGE CITY OF CATHEDRAL CITY ful-I'Alm/ CITY OF PALM SPRINGS Mayor , 1991 CITY OF DESERT HOT SPRINGS Page 11 O.nend #1, SUNLINE Joint Powers Transportation Agency Agr �k 1281 Res 14970, 3-7-84 FIRST AMENDMENT OF JOINT POWERS TRANSPORTATION AGENCY AGREEMENT That certain Joint Powers Transportation Agency Agreement effective July 1, 1977, a copy of which is attached hereto as a part of Exhibit A and made a part hereof, which was signed and approved by Riverside County on February 22, 1977, the City of Desert Hot Springs on May 20, 1977, the City of Palm Springs on May 31, 1977, the City of Palm Desert on June 16, 1977, the City of Indio on June 21, 1977, the City of Coachella on June 22, 1977, and the City of Rancho Mirage on December S, 1979, is hereby amended as follows: 1. Section 10 of the Agreement is changed to read: SECTION 10. ADDITIONAL PARTIES Any local public agency with the power and authority to own, operate and maintain a transportation system may join SUNLINE, if not otherwise contrary to law. Any such agency so joining shall become a party subject to: (i) Approval by the Board; and, (ii) Making capital contributions, or monetary con- tributions equivalent thereto, as may be deemed appropriate by the Board, and, (iii) Execution of this Agreement as then constituted. Not withstanding the above, a municipal corporation, newly created after July 1, 1977, and established from a portion of a previous member entity may join SUNLINE by meeting the requirements outlined in Section 10, Subparagraph (iii). In such case, and notwithstanding the provisions contained in Section 16, and 18, the newly created municipal corporation will not be entitled to any capital asset account credit until it has been a member for a minimum of twenty-four (24) months, provided, however, no such member shall be entitled to a capital account asset credit for any period prior to its joining the SunLine Joint Powers Transportation Agency. 2. All other provisions of this Agreement remain the same. r Or RESOLUTION NO. 14970 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO JOINT POWERS TRANSPORTATION AGREEMENT WHEREAS, the Sunline Joint Powers Transportation Agency was originally created in December, 1976; and WHEREAS, the Sunline Joint Powers Transportation Agency Agreement was modified in 1977; and WHEREAS, said Sunline Joint Powers Transportation Agency Agreement needs to be amended to reflect desirable changes in ]seeping with changing procedures, concepts and require- ments. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that the "First Amendment to Joint Powers Transportation Agency Agreement" is hereby approved. ADOPTED THIS �7th day of March f 1984. AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST- CITY OF PALM S INGS, CALIFORNIA F_ By �-,(� City Clerk C Tanager 4 REVIEWED & APPROVED_V, a r DATED: March 19, 1984 ATTEST: BY -;�� City Clerk (SEAL) APPROVED AS TO FORM: BY b� �� City Attorney DATED: March 8, 1984 ATTEST: ' BY LU-yyU , lj, City C er DATED: ATTEST: BY Cit Clerk (SEAL) APPROVE A M: BY City Attorney DATED: ATTEST: I BY CiU,,:C1er (SEAL) ` APAOVED $ `' BY "rney E CITY OF CATHEDRAL CITY BY d r+ M r CITY OF CCOOACHELLA BY -��%`L��TLiG��tio Mayor C I1' BY 0 DATED: ATTEST: (SEAL) APPROVED AS TO FORM: BY City Attorney'-' • DAT END: ._-e - /9 �w AT T: _ BY coy cltv (SEAL) APPROVE S T F BY ` P ty Attorney DATED: ! AA ­Z, i 3, i 9,,P V ATTEST - BY UZ City Clerk (SEAL) APPROV AS TO FORM: BY City Att rney DATED: wd4,ek 0- a. ')yopS` ATTEST: City Clerk (§EAL') ,,.,AP TO OR , BY 0 CITY OF/y QUINT r BY Mayor CITY OF PALM SPRI BY May APPROVED BY Tq CITY COUNaL BY RES. NO. i4197 U 3-- 7 _6Fy CITY OF RANCHO MIRAGE BY Mayor �J DATED: March 19, 1984 ATTEST: r BY `�2 �k� CityCler (SEAL) APPROVED AS TO FORM: BY Q City Attorney DATED: ATTEST: ityCer (SEAL) APPROVED AS TO FORM: ` City Attorney CITY OF CATHEDRAL CITY r BY ---- — CITY OF A QUINTA 0 BY - , ! i, -SQ,4t mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW LI BRARV BLOO. RIV ERSIO E, CALIFORNIA line - Joint powers agr of Coachella Valley Trans. Agency AGREEMENT #1281 (Orig 7-1-77) Res #12122, 3-2-77 SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT 1 2 3 41 5 6 7, 811 9 10 11, 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 RAY T SULLIVAN, JR. COUNTY COUNSEL LAY! LIBRARY BLDG. RIVERSID£. CALICORNIA 0 TABLE OF CONTENTS RECITAL PURPOSE AUTHORITY BOARD OF DIRECTORS MEMBERSHIP ALTERNATE MEMBERS OFFICERS POWERS MEETINGS FUNCTIONS VOTING QUORUM GENERAL MANAGER CONTROLLER TREASURER BONDING FISCAL YEAR FINANCIAL SUPPORT ADDITIONAL PARTIES TERN! PARTIAL INVALIDITY PARTIES' LIABILITY SUCCESSORS ASSIGNABILITY WITHDRAWAL OF PARTY NOTICE CAPITAL REIMBURSEMENT 0 section 1 2 3 3A 3B 3C 3D 3E 3F 3G 3H 4 5 6 7 8 9 10 11 12 13 14 15 16 16A 16B Page 1 2 2 2 3 3 4 5 5 6 6 7 7 s 9 9 9 10 10 11 11 11 12 12 12 12 i �. TABLE OF CONTENTS (cont.) 2 3 TERMINATION 4 DISTRIBUTION OF ASSETS UPON TERMINATION 5 IMPLEMENTATION 6 ORGANIZATIONAL MEETING 7 TRANSFER OF ASSETS 8 PROVISIONS OF TRANSIT SERVICE 9 EMPLOYEES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAY T. SULLIVAN, JR, COUNTY COUNSEL LAW LIBRARY SLOG, RIVER91O6, CALTFORNIA Section Page 17 15 18 15 19 16 19A 16 19B 17 19C 18 19D 19 0 0 l SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT 2 THIS AGREEMENT is entered into by and between the County 3 of Riverside and the Coachella Valley Cities which are parties 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 7 the Palm Springs and Desert Sands Unified School Districts and tha 8 portion of the Coachella Unified School District located within 9 Riverside County. All parties to this Agreement are governmental 10 entities in the COUNTY OF RIVERSIDE, STATE OF CALIFORNIA: 11 WHEREAS, the County of Riverside (hereinafter referred 12 to as the "County") and the Coachella Valley Cities and public 13 agencies which are parties to this Agreement (hereinafter referred 14 to as "Cities") have a mutual interest in establishing and impleme t- 15I ing a public transit system to serve all the parties; and 16 WHEREAS, 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, 24 maintain and operate a public transportation system. Under 25 authority of Title 1, Division 7, Chapter 5, of the Government 26 Code (Section 6500 et seq.) the parties desire, by joint exercise 27 of their common power, to create and constitute a new public 28 RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW LIBRARY BLDG. RIV EASIDE, CALIFORNIA 1 transportation entity,separate and distinct from each of the 2 parties,to be known as "SUNLINE". SUNLINE shall own, maintain, 3 operate and administer a public transportation system. SUNLINE 4 shall serve as a unifying umbrella agency to coordinate transit 5 service requested by parties to this Agreement throughout the 6 Coachella Valley and to provide such service either directly or 7 through contract with other operators. SUNLINE shall initially 8 absorb all capital assets, either acquired or approved for 9 acquisition, as specified by the parties to this Agreement. 10 SUNLINE shall provide a standardized system of fares, a universal 11 system of transfers and transit services, and facilities for the 12 benefit of the citizens of the parties to this Agreement. The 13 expertise, efficiencies and economies resulting from the joint 14 effort, coupled with the acquisition of available financial and 15 technical assistance will programs, provide the impetus to 16 SUNLINE to develop and expand Coachella Valleywide public transpo; 17 tion operations. 18 SECTION 2. AUTHORITY. 19 Pursuant to Section 6500 et seq., of the California 20 Government Code there is hereby created a 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 party to this Agreement shall be authorized to appoint RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW LIBRARY -2- BLO4. -2- RIVERSIOE, CALIFORNIA L 0 0 1 and shall appoint one member of the Board as follows; 2 1) Each municipality shall appoint as its 3 respective Board member a member of its City 4 Council; 5 2) The County of Riverside shall appoint as its 6 member to the Board, a member of the County of 7 Riverside Board of Supervisors. 8 3) Any other public agency participating in 9 this Agreement shall appoint as its member to 10 the Board a member of its legislative governing 11 body. 12 The members so appointed shall be known as primary members. 13 14 B. ALTERNATE MEMBERS TO THE BOARD 15 Each party to this Agreement shall appoint an alternate 16 member to the Board to serve in the absence of that party's 17 primary member.. Alternate members shall 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 22 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 to serve for one year terms, said terms expiring 27 at the end of each fiscal year. 28 The Board shall have the authority to appoint or employ RAY T. SULLIVAN, JR. COUNTY CGUNSEL LAVV LIBRARY BL DG. RIVERSIDE, CALIFORNIA -3- 3. such other 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, SUNLIN-E is 7 authorized in its own name to: 8 1) Sue and be sued; 9 2) Employ agents and employees and contract for 10 professional services; 11 3) Make and enter contracts; 12 4) Acquire, convey, construct, manage, maintain and 13 operate buildings and improvements; 14 5) Acquire and convey real and personal property; 15 6) Incur debts, obligations and liabilities, provided, 16 however, the debts, obligations and liabilities 17 incurred:by SUNLINE shall not be nor shall they be is 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 22 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 eu t the purpose of this Agreement. 27 Such powers are subject to the restrictions of law as apply 28 to the exercise of same powers by any of parties to this Agreement RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW L19RARY OLD.. RIVERSIDE. CAL IFOA NIA -4- 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RAY T. SULLIVAN. JR. COUNTY COUNSEL LAW LIBRARY BLDG. RIVERSIDE. CALIFORNIA E. MEETINGS 1) Regular Meetings The Board shall establish a time and place for regular meetings; provided, however, that meetings shall be held at least once each fiscal quarter, and more often as the need may arise. 2) Ralph Brown Act All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act, as amended (Government Code, Section 54950 et seq.) F. FUNCTIONS The Board shall perform the following functions: 1) Adopt the budget; 2) Appoint the General Manager; 3) Appoint advisory committees as deemed necessary; 4) Establish policy, including, but not limited to: a) Uniform fares; b) Marketing; c) User information; d) Uniform system of transfers; and e) Transit services, facilities and operations. 5) Adopt rules and regulations for the conduct of business; and 6) Approve contracts and perform such other functions as required to accomplish the purposes of this Agreement. _5_ 9 0 �. G . VOTING 2 Each member of the Board shall have one vote, provided, $ 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 number of annual transit service hours requested by 6 that respective party as reflected by the SUNLINE budget for the 7 then current fiscal year. Weighted voting entitles each Board 8 member to vote one vote for each annual transit service hour 9 budgeted for the party which the member represents. 10 I'he weighted votes of any SUNLINE member shall not be split. 11 The weighted vote of any single member shall not of itself con- 1.2 stitute a majority vote. 13 H. QUORUM MAJORITY VOTE 14 1)Quorum: The number of members sufficient to constitute 15 a quorum shall be fifty per centum (50•%) of the total number of 16 parties to SUNLINE plus one (rounded to the nearest whole 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 25 Agreement. 26 b) All other actions taken by the Board shall require a 27 majority vote of the quorum in attendance, or a weighted majority 28 vote of that quorum if so called. RAY T, SULLIVA N, JR. �� COUNTY COUNS$L LAW LIBRARY SLOG. -6- RIVSRSTOQ, CALIFORNIA 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46 c) An abstention shall be considered neither an laffirmative 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. SECTION 4. GENERAL .MANAGER. There shall be a General Manager of SUNLINE. the General Manager shall be recruited in a method as determined by the Board of Directors. The General Manager shall be responsible for carrying out the policies and directives of the Board. The General Manager shall: i. Prepare and submit to the Board the annual Administrative, Operations and Capital Expenditure budgets as provided in SECTION 9 (FINANCIAL SUPPORT); ii. Appoint, assign, direct, discipline and remove SUNLIKE employees subject to the personnel rules adopted by the Board; iii. Advise the Board on all matters relating to the !operation of SUNLINE and the various programs of work, promotion hand expansion; iv. Provide periodic financial reports covering SUN -LINE operations in the manner and at the times determined by the Board; v. Approve for payment, under the procedure adopted by the Board, all valid demands against SUNLINE. SECTION 5. CONTROLLER, FINANCIAL STATEMENTS. The Auditor -Controller of the County of Riverside is designated the Controller of SUNLINE. The Controller shall draw warrants to pay demands against SUNLINE as approved by the SUN --LINE General Manager. The Controller shall keep and maintain records and books of account according to normally accepted accounting RAY T. SULL-IVAN. JR. II COUNTV COUNSEL IJI LAW LIB ARY BLDG. RIVERSIDfi, CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 1.2 13 14 15 16, 17 18 19 20 21 22 23 24 25 26 27 28 0 0 procedures and approved by the Board. The books of account shall include records of assets, liabilities and contributions made by each party to this Agreement. The SUNLINE Controller shall prepare a financial state- ment of SUNLINE in July and January of each year. The statement shall reflect SUNLINE transactions from January through June and from July through December of each year. When such a financial statement has been prepared, distributed, and approved by the Board it shall be used to determine capital investment contribution amounts. SECTION 6. TREASURER. The Treasurer of the County of Riverside is designated the treasurer of SUNLINE to be the depositary and have custody of fall the money of the agency from whatever source. The treasurer shall: i. Receive and receipt for all money of SUNLINE and place it in the County of Riverside treasury to the credit of SUNLINE; ii. Be responsible upon his official bond for the safekeeping and disbursement of all SUNLINE monies; iii. Pay when due all sums payable on outstanding bonds and coupons of SUNLINE, if any; iv. Pay any other sums due from SUN -LINE, or any portion thereof, only upon warrants of the SUNLINE Controller; and v. Verify and report in writing on or promptly after the first day of July, October, January and April of each year to SUNLINE, and each of the parties to this Agreement, RAY T. SUl-LIVAN, JR. COUNYY COUNSEL L API LIBRARY BLDG. RIV ER5I0E. CALIFORNIA 0 0 1 the amount of money held for S NLINE, the amount of 2 receipts during the preceding calendar quarter and the 3 amount paid out during the preceding calendar quarter. 4 SECTION 7. BONDING. 5 The public officers and persons who have charge of, handy 6 or have access to any property of SUNLINE shall file an official 7 bond in accordance with Section 6505.1 of the California 8 Government Code. 9 SECTION S. FISCAL YEAR. 10 For the purposes of this Agreement, the term "Fiscal Year 11 shall mean the twelve (12) month period from July 1 to and includ- 12 ing the following June 30. 13 SECTION 9. FINANCIAL SUPPORT. 14 At the time of approval of SUNLINE'S annual Administrativ 15 Operations and Capital Expenditure Budget, the Board shall determi 16 the amount of financial support to be provided by SUNLINE Members 17 as follows: is A. ADMINISTRATIVE EXPENSES shall be apportioned to 19 each party to this Agreement in proportion to its 20 respective annual transit service hours, or by any 21 other equitable basis established by the Board. 22 B. OPERATIONAL EXPENSES shall be charged annually to 23 each party to this Agreement based upon its respective 24 annual transit service hours, or by any other equitable 25 basis established by the Board. 26 C. CAPITAL EXPENDITURES shall be charged to such party 27 or parties to this Agreement as desire to increase their 28 respective capital assets. RAY T. SULLIVAN, JR. COUNTY COUNSEL LAW LIBRARY BLDG. RIVERSIDE, CALIFORNIA -9- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 D. OTHER EXPENSES incurred by SUNLINE, due to any request by any party to this Agreement resulting in an unusually large, unanticipated operational or administrative expense, shall be charged to that party. SECTION 10. ADDITIONAL PARTIES. Any local public agency with the power and authority to own, operate and maintain a transportation system may join SUNLINE, if not otherwise contrary to law. Any such agency so joining shall become a party subject to: i. Approval of the Board; ii. Acquisition of at least $25,000.00 of capital assets. Assets may be acquired in satisfaction of this provision either by purchasing capital assets from an existing party, or by contributing funds in like amount to the capital asset account Of SUNLINE. Nothing in this provision shall be construed to allow any party to reduce its capital contribution to less than $25,000.00; iii. Execution of this joint powers agreement as then constituted; and iv. Such other terms and conditions as may then be applicable to all other parties to this Agreement. Any such agency meeting the above conditions shall be entitled to representation on the Board as provided in SECTION 3. BOARD OF DIRECTORS, supra. SECTION 11. TERM, This Agreement shall become effective on July 1, 1977, and shall continue in force until terminated as provided in RAY T. SULLIVAN, ,1 R. COUNTY CO VN4EL LAW LIBRARY SLOG. RIVERSIDE, CALIFCRNIA -10-