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RPVCCA_CC_SR_2012_04_17_F_PVP_Transit_Authority_Joint_Powers_AgreementCITY OF MEMORANDUM RA.NCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS TOM ODOM,DIRECTOR OF PUBLIC WORKSC)~ April 17,2012 U- PALOS VERDES PENINSULA TRANSIT AUTHORITY JOINT POWERS AGREEMENT-REVISED JANUARY 2012 REVIEWED:.CAROLYN LEHR,CITY MANAGER ~ Project Manager:Judy A.Huey,Senior Administrative Analyst ~ RECOMMENDATION 1)Re-affirm the approval of the Palos Verdes Peninsula Transit Authority Joint Powers Agreement-Revised January 2012 that was originally approved by the City Council on April 16,1996. 2)Authorize the Mayor and City Clerk to execute the Palos Verdes Peninsula Transit Authority Joint Powers Agreement-Revised January 2012 on behalf of the City of Rancho Palos Verdes. BACKGROUND The Administrator of the Palos Verdes Peninsula Transit Authority (PVPTA),Martin Gombert,recently sent the attached letter dated February 7,2012 to the City Manager, requesting that the City of Rancho Palos Verdes resubmit a revised PVPTA Joint Powers Agreement (Agreement)to the City Council for review and approval.In March 1996 the PVPTA submitted this Agreement to the three member cities (Rancho Palos Verdes,Palos Verdes Estates,and Rolling Hills Estates)for review and approval.All three cities approved the Agreement in April 1996,but the PVPTA does not have a copy signed by all three member cities.The Agreement currently on file was signed only by the City of Rancho Palos Verdes.The PVPTA attorney has recommended that the attached 2012 Agreement be submitted to the member cities for approval. F-1 DISCUSSION The revised Agreement approved by the three cities in April 1996 made several changes to the original 1992 Agreement.Copies of both the 1996 and 1992 Agreements are attached. Deleted language is shown in strikeout and new language is shown as bold italics.These changes included: •Provision that anyone of the remaining Council members of each City may serve as an alternate to the Board.Presently,each City appoints two regular members to the Board from its governing body.The new provision ensures that in the event both members are unavailable for a meeting,anyone of the three remaining members of the Council may serve so that the board has a quorum and can conduct its business (Section 5-A) •The Board shall elect a Secretary Treasurer (in addition to the Chairman and Vice Chairman,which are already provided for).The Secretary-Treasurer performs the functions previously assigned to the Treasurer of the City of Rancho Palos Verdes.(Section 5-F) •The Authority may accept a public agency as an ex-officio member provided however that such member has no voting powers.This is to allow a representative of the Palos Verdes Peninsula Unified School District to serve on the Board (Section 5-H) •Several additional minor changes have been made to Agreement language. The City Attorney has reviewed and approved the attached copy of the Palos Verdes Peninsula Transit Authority Joint Powers Agreement-Revised January 2012 ALTERNATIVES No viable options are available. FISCAL IMPACT Approving staff's recommendations will have no impact on the FY 11-12 Transit budget. Attachments:February 7,2012 Letter from PVPTA 2012 Revised PVPTA Joint Powers Agreement 1996 Revised PVPTA Joint Powers Agreement 1992 Original PVPTA Joint Powers Agreement F-2 Palos Uenles Peninsula PUPTtnteo'$'$' TlUmSIT RUHIORITY February 7,2012 Ms.Carolyn Lehr City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 RE:Palos Verdes Peninsula Transit Authority (PVPTA) Joint Powers Agreement Dear Ms.Lehr, Office:[310]544-71 08 Fax:[310]544-7109 Email:pvtransit@palosverdes.com Mailing Address P.O.Box 2656 Palos Verdes Peninsula,CA 90274 FEB 1 3 2012 ...1 In March 1996 the PVPTA submitted a revised Joint Powers Agreement to the three member cities for review and approval.All three cities approved the Agreement in April 1996 but we could only locate a copy signed by the City of Rancho Palos Verdes.Our attorney recommended that the Agreement be resubmitted to member cities for approval. The revised Agreement approved by the three cities made several changes to the original 1992 Agreement.Deleted language is shown in strikeout and new language is shown as bold italics. These changes included: •Provision that anyone of the remaining Councilmembers of each City may serve as an alternate to the Board.Presently,each City appoints two regular members to the Board from its governing body.The new provision ensures that in the event both members are unavailable for a meeting,anyone of the three remaining members of the Council may serve so that the Board has a quorum and can conduct its business.(A.Board of Directors) •The Board shall elect a Secretary Treasurer (in addition to the Chairman and Vice Chairman,which are already provided for).The Secretary-Treasurer performs the functions previously assigned to the Treasurer of the City of Rancho Palos Verdes.(F.Officers) Member Cities Palos Verdes Estates 0 Rancho Palos Verdes"Rolling Hills Estates •••••••••••••••••••••••••••rl F-3 Ms.Carolyn Lehr February 7,2012 Page 2 •The Authority may accept a public agency as an ex-officio member provided however that such member has no voting powers.This is to allow a representative of the Palos Verdes Peninsula Unified School District to serve on the Board.(H.New Members) •Several additional minor changes have been made to Agreement language. We are requesting that the City of Rpncho Palos Verdes resubmit the revised Agreement to your Council for review and approval. I would be happy to answer any questions you or your staff may have regarding this issue. Regards,~~~ Martin Gombert Administrator Cc:Mr.John Addleman,Chairperson Mr.Darold Pieper,Counsel F-4 PALOS VERDES PENINSULA TRANSIT AUTHORITY JOINT POWERS AGREEMENT-REVISED JANUARY 2012 F-5 JOINT POWERS AGREEMENT BY AND AMONG THE CITIES OF RANCHO PALOS VERDES,PALOS VERDES ESTATES AND ROLLING HILLS ESTATES,CREATING A PALOS VERDES PENINSULA TRANSIT AUTHORITY THIS AGREEMENT is executed as of April 17,2012 by and among the Cities of Rancho Palos Verdes,Palos Verdes Estates and ~olling Hills Estates,each of which is a municipal corporation of the State of California. WITNESSETH: WHEREAS,the Cities of Palos Verdes Estates,Rolling Hills Estates and Rancho Palos Verdes desire to form a Joint Powers Authority ("Authority")pursuant to a Joint Powers Agreement ("Agreement")to provide public transit on the Palos Verdes Peninsula;and WHEREAS,the parties to this Agreement have a mutual interest in providing public transit to serve citizens of the member agencies;and WHEREAS,the Authority contemplates receiving Proposition A funds through the Los Angeles County Transportation COFRFRission Metropolitan Transportation Authority and funds from all other legally available sources to support public transit programs provided under this Agreement;and WHEREAS,by this Agreement,the parties hereto intend jointly to exercise their powers to accomplish common objectives. NOW,THEREFORE,the parties hereto for and in consideration of the mutual benefits,promises, and agreements set forth herein do agree a follows: Section 1.Purpose.This Agreement is made pursuant to the provisions of Article 1.Chapter 5, Division 7.Title 1 of the Government Code of the State of California (commencing with Section 6500 and hereinafter called "Act")relating to the joint exercise of powers common to public agencies.Each of the public agencies mentioned above possesses the powers referred to in the recital hereof.The purpose of this Agreement is to study,implement,and provide a public transit system within the territory over which the Authority has jurisdiction (see map attached hereto as Exhibit A).The parties desire to provide such services as an alternative to the private automobile,to assist those without private transportation,to assist in meeting environmental 2 F-6 goals,to improve fuel conservation,and to secure the efficiencies of joint operation and service that are available through a unified,cooperative effort. Section 2.Term. This Agreement shall become effective as of February 21,1992 which is the date of the first meeting of the Board of Directors of the Authority,and shall continue in force and effect until terminated by the parties hereto as prdvided in the Agreement. Section 3.Creation of Authority. There is hereby created a public entity to be known as the "Peninsula Transit Authority".Said Authority shall be a public entity separate and apart from the public agencies which are parties to this Agreement.The debts,liabilities,or obligations of Authority do not constitute debts, liabilities or obligations of any member agency which is a party to this Agreement.The Authority cannot require the member agencies to contribute money or services to the Authority without the consent of the governing body of each agency so contributing. Section 4.Powers. The Authority shall have the powers common to the public agencies which are parties to this Agreement,to acquire such information as may be necessary and required for the installation of transit facilities and the acquisition of transit equipment to serve the transit needs of the citizens residing within the territorial limits of the agencies which are members of this Agreement to develop short and long range plans to serve the transit needs of the citizens residing within the territorial limits of the agencies which are members of this Agreement,to implement and operate the transit services,including the letting of contracts to implement the transit plan or the operation thereof.The Authority is hereby authorized,in its own name,to do all acts necessary for the exercise of such common powers for such purposes,including,but not limited to,any of the following:to apply for,receive and utilize all forms of financial assistance for public transit facilities or services,including,but not limited to,contributions, grants,allocations,federal and state loans,revenue or other assistance from this County,or local governments or other sources;to make and enter into contracts and leases;to employ independent contractors,agents an employees;to acquire,develop,maintain,and operate the facilities or transit service,to serve citizens residing within the territorial limits of the agencies that are parties to this Agreement;to hold or dispose of real and personal property,including transit equipment and facilities;to incur debt,liabilities,or obligations;to invest monies not needed for immediate necessities;to adopt a conflict of interest code and have the power to 3 F-7 sue and be sued in its own name.Such powers shall be exercised in the manner provided in the Act,and,except as expressly set forth herein,subject only to such restrictions upon the manner of exercising such powers as are imposed upon the member agencies in the exercise of similar powers.Notwithstanding the generality of the foregoing,the Authority shall have no power to bind any of the member agencies to any monetary obligation whatsoever other than those expressly and specifically authorized by the mutual consent of all the member agencies.The Authority shall have no power of eminent domain or condemnation. Section 5.Organization. A.Board of Directors The Authority shall be governed by a Board of Directors composed of six (6)members,each serving in his/her individual capacity as members of the governing board.Each individual member of the Board of Directors shall have one vote.Each governing body of the respective member agencies shall appoint two (2)regular members to the Board of Directors from its governing body.Each member agency shall also appoint an alternate member 'Nho shall be entitled to vote at any Authority meeting in the absence of one of the regular members.Any one of the remaining council members of each City may serve as an alternate.Regular and alternate members appointed to the Board of Directors shall serve at the pleasure of their respective appointing bodies and until their respective successors are appointed.Each member agency shall notify the Authority in writing of its appointments or of any change of its representative. B.Adoption of Bylaws The Authority shall adopt Bylaws which shall establish and govern the practices and substantive responsibilities of the Board of Directors only as and when the need for same shall arise.Such said ~bylaws are subject to the approval of each member agency. C.Meetings of the Board The Board of Directors shall establish its regular meeting schedule;provided,however,it shall hold at least one (1)regular meeting during each quarter of each fiscal year.The date,hour and place of the holding of the regular meetings shall be fixed in the bylavis or by resolution of the Board of Directors,and a copy of such resolution shall be filed with each party hereto. Regular meetings may be adjourned from time to time.Special meetings may be called by the 4 F-8 Chairperson or upon written request of any four members of the Board.Members shall be given at least twenty-four (24)hours written notice of special meetings. D.Ralph M.Brown Act All meetings of the Board of Directors of the Authority,including without limitation,regular, adjourned regular,and special meetings,shall be called,noticed,held,and conducted in accordance with the provisions of the Ralph M.Brown Act (commencing with Section 54950 of the Government Code). E.Quorum Three members ofthe Board of Directors with at least one member present from each of the agencies which is party to this Agreement shall constitute a quorum for the transaction of business,except that a lesser number may adjourn for lack of a quorum.Any action taken by the Board requires majority vote of those present but in no case less than one affirmative vote from each member agency. F.Officers The Board of Directors shall elect a Chairman,aRE:!-Vice Chairman,and a Secretary Treasurer and the Vice-Chairman shall act in the absence of the Chairman.The Board of Directors shall also elect such other officers as deemed necessary,who may not necessarily be a member of the Board of Directors,in which case they shall be non-voting officers. All officers shall serve a term of one year from the date of their election or until their successors are elected.Th~Chairman or Vice-Chairman is authorized to execute all documents in the name of the Authority. G.Administration The Board of Directors may,in its discretion,appoint an Administrator of the transit system,to serve at the pleasure of the Board,and to have the power to certify Authority documents as required by law and to assume such duties and responsibilities as the Board may direct. 5 F-9 H.New Members The Authority may accept new public agency members upon the unanimous written consent of the existing members and the written agreement of the new member to be bound by the terms of this Agreement,the Bylaws of the Authority,and any other agreements to which the Authority is a party. The Authority also may accept a public agency as an ex-officio member provided however that such member shall not have the power and authority to vote on any matters to come before the authority. Section 6.'Financial Provisions. A.Fiscal Year For the purposes of this Agreement,the term "fiscal year"shall mean the fiscal year as established from time to time by the member agencies,being,at the date of the Agreement, the period from July 1 in any calendar year to and including the following June 30 in the succeeding calendar year. B.Annual Budget The Bylaws of the /\uthorityshall set forth a procedure for adoption of an annual budget.The Authority shall adopt a preliminary budget by July 1 of each fiscal year and adopt a final budget by September 1,retroactive to July 1. C.Assistance to Authority 1.The parties to this Agreement may,in accordance with Government Code Section 6504, in appropriate circumstances and only if first approved by the governing body of each member agency;(a)make contributions from their treasuries for the purposes set forth herein,(b)make payments of public funds to defray the costs associated with such purposes,(c)make advances of public funds for such purposes,such advances to be repaid as prOVided herein,or (d)use their personnel,equipment,or property in lieu of other contributions or advances.Such sums shall be paid to and disbursed by the Authority. 6 F-10 2.In accordance with Government Code Section 6513,all of the privileges and immunities from liability,exemptions from laws,ordinances and rules,all pension relief,disability, worker's compensation,and other benefits which apply to the activity of officers,agents or employees of each member agency when performing their respective functions within the territorial limits of their respective member agencies,shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially. D.Notice of Expected Contribution The Treasl;:lrer Administrator of the Authority,as defined in Paragraph G of this Section,must advise each member agency of its expected contribution under this Agreement no later than March 1 of each year for the following fiscal year. E.Disposition of Assets Upon the termination of this Agreement or withdrawal of a member agency,any assets acquired by the Authority shall be disposed of in accordance with applicable law.To the extent that such property may be distributed to the member agencies,the same shall be distributed in proportion to the contribution made by each pursuant to the Agreement.The member agencies shall execute any instruments of conveyance necessary to effectuate such distribution or transfer.For purpose of computation,the aggregate of all money and property provided by each member agency during the entire term of this Agreement shall be deemed to constitute the contributions made by each. F.Expenditures The Board of Directors shall establish procedures and policies to insure competitive prices for the purchases of goods and services.Formal bidding shall not be required unless directed specifically by the Board of Directors or unless required by state or federal law;particularly in the purchase of equipment,including buses,the Board may consider the design,maintenance and operating costs,and other similar factors in determining the most suitable equipment and need not purchase equipment having the lowest initial cost. 7 F-11 G.Treasblrer Pblrsblant to §ection ~505.5 of the GovcFRment Code l the TreaSblrer of the City of Rancho Palos Verdes is hereby appointed as the TreaSblrer of the Ablthority.The TreaSblrer shall have the pov,ers and dblties set forth in §ection ~505.5.If the City of Rancho Palos Verdes chooses not to bltilize its Treasblrer to serve as TreaSblrer of the Ablthority or if the Soard determines that someone else shoblld serve as Treasblrer l the Soard of Directors shall determine who will perform these fblnctions.The Treasblrer shall maintain separate books of accoblnt to record the financial transactions of the I\blthoritYI inclblding cash receiptsl cash disbblrsements and a generalledgerl if needed.The TreaSblrer shall be strictly accoblntable for all fblnds are reElblired by the Act and §ection ~505.5 thereof. G..J=k Annual Audit The Board of Directors shall cause an annual audit to be prepared and filed in accordance with Section 6505 of the Government Code.The Ablditor of the City of Rancho Palos Verdes is hereby appointed as the I\blditor of the I\blthority.If the City of Rancho Palos Verdes chooses not to bltilize its Ablditor to ser\'e asl\blditor of the Ablthority or if the 80ard determines that someone else shoblld serve as Ablditorl the 80ard of Directors shall determine Ylho will perform these fblnctions. H.ok Official Bonds The Administrator and such other employees or agents as the Board of Directors may direct shall file an official bond in an amount to be determined by the Board of Directors.The cost of said bond(s)shall be borne by the Authority. Section 7.Amendment of Agreement. This Agreement may be amended at any time subject to the unanimous written approval of each member agencls governing body. Section 8.Effective Date. as This Agreement shall become effective on February 21 1 1992Jamended on April 17,2012. 8 F-12 Section 9.Termination. A.This Agreement shall continue in full force and effect until cancelled in writing by a majority of the member agencies.Withdrawal of any member agency shall not serve to cancel the Agreement between the remaining member agencies. B.Any member agency may withdraw from this Agreement by giving written notice to the Authority ninety (90)days prior to the commencement of any fiscal year. C.If the A~thority has executed a contract for public transportation services which includes a commitment to claim and expend public transportation financial assistance for the period of such contract,the Authority may not be dissolved during the term of such contract unless the contract otherwise provides. D.If the Authority has executed a contract for public transportation services which includes a commitment to claim and expend public transportation financial assistance,other than a contract as described in subparagraph C of this Section,an eligible member agency which desires to withdraw from the Authority shall be bound by such commitment. Section 10.Hold Harmless. The Authority shall hold harmless the member agencies which are parties to this Agreement,their officers,agents,and employees from all liability for any loss,damage,or injury to persons or property arising out of or attributable to the furnishing of public transportation services by the Authority pursuant to this Agreement.The Authority shall not be required to obtain its own liability insurance; however,the Authority shall require all contractors providing insurance in a sufficient amount as required by the Board of Directors of the Authority. Section 11.Notification to Secretary of State. Pursuant to Government Code Section 6503.5,the Authority shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of Secretary of State of California within thirty (30) days after the effective date of this Agreement.Until such filing is completed,the Authority shall not issue any bonds or incur indebtedness of any kind.The Authority shall likewise cause such a notice to be prepared and filed with the Office of the Secretary of State within thirty (30)days after the effective date after the effective date of any amendment to this Agreement. 9 F-13 IN WITNESS WHEREOF,the parties hereto have executed this Agreement,as amended,to be effective on April 17,,2012.1996.~el3r~ar'(21,1992,the Elate ofthe first meetiRg of BoarEl of Directors of the A~thority. CITY OR ROLLING HILLS ESTATES By:--.:..._ Mayor ATIEST: CITY CLERK CITY OF PALOS VERDES ESTATES By:_ Mayor ATIEST: CITY CLERK CITY OF RANCHO PALOS VERDES By:_ Mayor ATIEST: CITY CLERK Date:_ Date:_ Date:_ 10 F-14 JOINT POWERS AGREEMENT BY AJ'ID AMONG THE CITIES OF RANCHO PALOS VERDES,PALOS VERDES ESTATES AND ROLLING HILLS ESTATES,CREATING A PALOS VERDES PENINSULA TRAJ'\1SIT AUTHORlTY THIS AGREENIENT is executed as otApr i 1 16,1996.by and among the Cities of Rancho Palos Verdes,Palos Verdes Estates and Rolling Hills Estates,each of which is a municipal corporation of the State of California. WITNESSETH: WHEREAS,the Cities of Palos Verdes Estates,Rolling Hills Estates and Rancho Palos Verdes desire to form a Joint Powers Authority ("Authority")pursuant to a Joint Powers Agreement ("Agreement")to provide public transit on the Palos Verdes Peninsula:and WHEREAS,the parties to this Agreement have a mutual interest in providing public transit to serve citizens of the member agencies:and WHEREAS,the Authority contemplat.~s receiving Proposition A funds through the Los Angeles County TranspoItation COIlimission Metropolitan Transportation Authority and funds from all 11ther iegallv available sources 10 suppon public transit Drograms nrovided under this Agreement: :mQ WI-IERE-\S.by this Agreement the panies hereto intend .ioimly to exercise their po\vers to accomplish common objectives. )JOW.THEREFORE.the panies hereto for and in consideration of the mutuai beneiits.promises. and agreements set fonh herein do agree as follows: Section I Purpose.This Agreement is made pursuant to the provisions of Anicie I.Chapter 5. Division -:.Title 1 of the Government Code of the State of California (commencing with Section Page I F-15 6500 and hereinafter called"Act")relating to the joint exercise of powers common to public agencies.Each of the public agencies mentioned above possesses the powers referred to in the recital hereof.The purpose of this Agreement is to study,implement.and provide a public transit system within the territory over which the Authority has jurisdiction (see map attached hereto as Exhibit A).The parties desire to provide such services as an alternative to the private automobile, to assist those without private transportation,to assist in meeting environmental goals.to improve fuel conservation,and to secure the efficiencies of joint operation and service that are available through a unified.cooperative effon. Section 2,Term. This Agreement shall become erfective as of February 21.1992 which is the date of the tirst meeting of the Board of Directors of t ~e Authority,and shall continue in force and etfect until tenninated by the parties hereto as provided in this Agreement. Section 3.Creation of Authority. There is hereby created a public entity '\0 be known as the "Peninsula Transit Authority."Said .-\uthority shall be a public entity separ•.te and apan from the public agencies which are parties to this Agreement.The debts.liabilities.lIr obligations of Authority do not constitute debts. ;aoiiities or obligations of any member agencv \\'hich :5 a Danv to this .\~reement '!le :\uthority :annot req!Jire the member agencies to contnbute money or servIces to the .\uthonIV "vlthout the consent of the governing body of each agency so contributing......-.----- Section 4.Powers. The Authority shall have the powers common to the public agencies which are panics to this :\.greemem.to acquire such information as may be necessarv and required for the installation of transit facilities and the acquisition of transit equipment.to serve the transit needs of the citizens residing within the territorial limits of the agencies which are members of this .-\greemem.to Page 2 F-16 develop short and long range plans to serve the transit needs of the citizens residing within the territorial limits of the agencies which are members of this Agreement,to implement and operate the transit services,including the letting of contracts to implement the transit plan or the operation thereof.The Authority is hereby authorized.in its own name.to do all acts necessary for the exercise of such common powers for such purposes,including,but not limited to,any of the following:to apply for,receive and utilize'all forms of financial assistance for public transit facilities or services,including,but not limited to.contributions,grants,allocations.federal and state loans.revenue or other assistance trom this County,or local governments or other sources; to make an~enter into contracts and leases;to employ independent contractors.agents and employees;to acquire.develop,maintain.and operate the facilities for transit service.to serve citizens residing within the territorial limits of the agencies that are panies to this Agreement;to hold or dispose of real and personal pl'openy,including transit equipment and facilities:to incur debt,liabilities,or obligations;to invesT;monies not needed for immediate necessities;to adopt a conflict of interest code and have the J=ower to sue and be sued in its own name.Such powers shaH be exercised in the manner provided in the Act,and,except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon the member agencies in the exercise of similar powers.Notwithstanding the generality of the foregoing,the Authority shall have no power to bind any of the member agencies to any monetary 'Jbligation whatsoever other than thOSE expressly and specifically authorized by the mutual ~iJnsem of all the member agencies.fhe Authomv shaH have no power of eminent ciomam or -.:ondemnat.ion. Section S.OfQ:anization . .-\.,Board of Directors The Authority shall be governed by a Board of Directors composed of six members.each serving in his/her individual capacity as members of the governing board.Each individual member of the Board of Directors shall have one vote.Each governing bodY of the respective member agencies Page 3 F-17 shall appoint two (2)regular members to the Board of Directors from its governing body.Each member agency shall also appoint an altemate member who shall be entitled to vote at any AuthOlit.v meeting in the absence of one of the regula!members.Anyone of the remaining council members of each City may serve as an alternate.Regular and alternate members appointed to the Board of Directors shall serve at the pleasure of their respective appointing bodies and until their respective successors are appointed.Each member agency shall notify the Authority in writing of its appointments or of any change of its representative. B.Adoption ofBvlaws The Authority shall adopt Bylaws which shall establish and gOvelli the practices and substalItive lesponsibilities of the Board ofDiIectors.only as and when the needfor same shall arise.Such said SaTd bylaws are subject to the approval of each member agency. C.Meetings of the Board The Board of Directors shall establish its regular meeting schedule;provided,however,it shall hold at least one (1)regular meeting during each quarter of each fiscal year.The date,hour and place of the holding of the regular meetings shall be fixed in the bylaws or by resolution of the Board of Directors.and a copy ot such resolution shall be riled with each pany hereto.Regular meetings may be adjourned from time to time.Special meetings may be called by the Chairperson or upon written request of any four members of the Board ..\1embers shall be given at least twenty-four (24)hours written notice of special meetings. D.Ralph M.Brown Act .-\11 meetings of the Board of Directors of the Authority.including without limitation.regular. adjourned regular.and special meetings,shall be called.noticed,held,and conducted in accordance with the provisions of the Ralph M.Brown Act (commencing with Section 54950 of Page 4 F-18 the Government Code). E.Quorum Otp 310 544-7109 P.02 Three members of the Board ofDirectors with at least one member present from each of the agencies which is party to this Agreement shall constitute a quorum for the transaction of business,except that a lesser number may adjourn for lack of a quorum.Any action taken by the Board requires a majority vote of those present but in no case less than one affirmative vote from each member agency. F.Officers I The Board of Directors shall elect a Chairman,and Vice Chairman,and a Secretary Treasurer and the Vice-Chairman shall act in the absence of the Chairman.Secretary-Treasurer shall act as the Treasurer o/the Authority in accordance with Government Code 6505.5 The Board of Directors shall also elect such oth~r officers as deemed necessary,who may not necessarily be a member ofthe Board of Directors,in which case they shall be non-voting officers. All officers shall serve a term of one year from the date of their election or until their successors are elected.The Chairman or Vice-Chairman is authorized to execute all documents in the name of the Authority. G.Administration The Board ofDirectors may,in its discretion,appoint an Administrator of the transit system,to serve at the pleasure of the Board,and to have the power to certifY Authority documents as required by law and to assume such duties and responsibilities as the Board may direct. H.New Members The Authority may accept new public agency members upon the unanimous written consent of the Page 5 F-19 the Government Code). E.Quorum Three members of the Board of Directors with at least one member present from each of the agencies which is party~o this Agreement shall constitute a quorum for the transaction of business,except that a I sser number may adjourn for lack of a quorum.Any action taken by the Board requires a majority 1v'ote of those present but in no case less than one affirmative vote from each member agency. F.Officers The Board of Directors shall elect a llairman.and Vice Chairman.and a Secretary Treasurer and the Vice-Chairman shall act in the:sence of the Chairman.The Board of Directors shall also elect such other officers as deem,ed n cessary,who may not necessarily be a member of the Board of Directors,in which case they shall e non-voting officers. All officers shall serve a term of one YE'ar from th date of their election or until their successors are elected.The Chairman or Vice-Ch lirman is aut rized to execute all documents in the name of the Authority. G.Adminislfation The Board of Directors may,in its discretion.appoint an A.dministr or of the transit system.to serve at the pleasure of the Board.and to have the power to certify A hority documents as required by law and to assume such duties and responsibilities as the Boa H.)Jew Members \ The Authority may accept new public agency members upon the unanimous written consent of the Page 5 F-20 existing members and the written agreement of the new member to be bound by the terms of this Agreement.the Bylaws of the Authority,and any other agreements to which the Authority is a parry. The Authority also may accept a public agency as an ex-officio member provided however that such member shall not have the power and authority to vote on any matters to come before the authority. Section 6.Financial Provisions. A.Fiscal Year For the purposes of this Agreement,th~':tenn "fiscal year"shall mean the fiscal year as established from time to time by the member ag~nc ies,being,at the date of this Agreement,the period from July 1 in any calendar year to and including the following June 30 in the succeeding calender year. B.Annual Budget The Bylaws of the Authority shall set tlllth a pIocedure for adoption of an annual budget.The 4utlwrity shall adopt a preliminary blll~r:et by July I (~leach fiscal year (Inti adopt a final hud,?et by September J.retroactive to .July J. C..-\ssistance to Authoritv I.The parties to this Agreement may.in accordance with Government Code Section 6504,in appropriate circumstances and only if first approved by the governing body of each member agency:(a)make contributions from their treasuries for the purposes set forrh herein.(b)make payments of public funds to defray the costs associated with such purposes.(c)make advances of public funds for such purposes.such advances to be repaid as provided herein.or (d)use their oersonnel.equipment.or property in lieu of other contributions or advances.Such sums shall be Page 6 F-21 paid to and disbursed by the Authority. 2.In accordance with Government Code Section 6513.all of the privileges and immunities from liability,exemptions from laws,ordinances and rules,all pension relief.disability,worker's compensation,and other benefits which apply to the activity of officers,agents or employees of each member agency when performing their respective functions within the territorial limits of their respective member agencies,shall apply to them to the same degree and extent while engaged in the perfonnance of any of their functions and duties extraterritorially. D.Notice of Expected Contribution The Tleasarel Administrator of the Authority,ilS defined in PaIaglaph G ofthis Section.must advise each member agency of its expt:.:ted contribution under this Agreement no later than March I of each year for the following fiscal year. E.Disposition of Assets Upon the termination oftms Agreement or withdrawal of a member agency,any assets acquired by the Authority shall be disposed of in accordance with applicable law.To the extent that such property may be distributed to the melT ber agencies.the same shall be distributed in proportion to the contribution made by each pursuant to this Agreement.The member agencies shall execute .my instruments of conveyance necessary to erfectuate such distribution or transier.For purpose ()f computarion.the aggregate of all money and propeny provided by each member agency during the entire term of this Agreement shall be deemed to constitute the contributions made by each. F.Expenditures The board of Directors shall establish procedures and policies to insure competitive prices for the purchases of goods and services.Formal bidding shall not be required unless directed specifically by the Board of Directors or unless required by state or federal law.Particularly in the purchase of equipment.including buses,the Board may consider the design,maintenance and operating costs.and other similar factors in determining the most suitable equipment and need not purchase Page 7 F-22 equipment having the lowest initial cost. G.TI easUl el PUlsuant to Section 6505.5 of the Govellunent Code,the Ileasurel of the City of Rancho Palos Verdes is hereby appointed as the Tleasurel of the AuthOlity.The Treasurel shall have the powels and duties set foIth in Section 6585.5.If the City of Rancho Palos Verdes chooses not to utilize its IreasUl el to sen e as TI easar el of the AuthOl it y or if the Board detellnines that someone else should sene as TreasUler.the Doald ofDirectOls shall detellnine t'Vho will perform these functions.The II easU!el shall maintain separate books of account to I ecOl d the financial transactions of the AuthOlity,including cash leceipts.c<ish disbursements and <i general ledger,if needed.Ihe TreasUler shall be stlictly accountable for all funds as lequired by the Act and Section 6505 thereof G.H:-Annual Audit The Board of Directors shall cause an annual audit to be prepared and filed in accordance with Section 6505 of the Government Code.The Auditor of the City ofRallcho Palos Verdes is hereby appointed as the Auditor of the AuthOlity.If the City of Rancho Palos Verdes chooses not to utilize its AuditOl to sel ve as AuditOl of the Authority 01 if the Doal d detelllliIles that someone else should sel ve as Auditor.the Boal d of Oil ectOl s shall detelllline who will peItoIlli these .LlIICtIOliS. H.r.Official Bonds The Administrator and such other employees or agents as the Board of Directors may direct shall tile an official bond in an amount to be determined bv the Board of Directors.The cost of said bond(s)shall be borne by the Authority. Section 7 Amendment of Agreement. This Agreement may be amended at any time subject to the unanimous written approval of each member agency's governing body. Page 8 F-23 Section 8.Effective Date. This Agreement shall become effective on February 21.1992.amended on 4 (1 6 1996. Section 9.Tennination. A.This Agreement shall continue in full force and effect until canceled in writing by a majority of the member agencies.Withdrawal of any member agency shall not serve to cancel the Agreement between the remaining member agencies. B.Any member agency may withdraw from this Agreement by giving written notice to the Authority ninety (90)days prior to the commencement of any tiscal year. C.If the Authority has executed a c~nt:-act for public transportation services which includes a commitment to claim and expend public transportation financial assistance for the period of such contract,the Authority may not be dissolved during the term of such contract unless the contract otherwise provides. D.lfthe Authority has executed a contract for public transportation services which includes a commitment to claim and expend public transponation rinanciai assistance.other than a contract dS describc~d in subparagraph C of this Section.an eligible member agency which desires to withdraw from the Authority shall be bound by such commitment. Section 10.Hold Harmless. The Authority shall hold harmless the member agencies which are parties to this Agreement,their officers.agents.and employees from all liability for any loss,damage,or injury to persons or property arising out of or attributable to the furnishing of public transportation services by the Authority pursuant to this Agreement.The Authority shall not be required to obtain its own Page 9 F-24 liability insurance;however,the Authority shall require all contractors providing insurance in a sufficient amount as required by the Board of Directors of the Authority. Section II.Notification to Secretary of State. Pursuant to Government Code Section 6503.5,the Authority shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of Secretary of State of California within thirty (30)days after the effective date of this Agreement.Until such filing is completed, the Authority shall not issue any bonds or incur indebtedness of any kind.The Authority shall likewise cause such a notice to be prepared and filed with the Office of the Secretary of State within thirty (30)days after the effective date of any amendment to this Agreement. IN WITNESS WHEREOF,the partie'::hereto have executed this Agreement,as amended,to be effective on 4/16 ,1996.FebI ual 'Y 21,1992,the date of the fiI st meeting of DoaI d of DirectOI s of the AuthoI ity . CITY OR ROLLING HILLS ESTAT;~S Bv:-------------Mayor .\TTEST. CITY CLERK Date:_ Page 10 F-25 CITY OF PALOS VERDES ESTATES By:----I",.."...T?'<""'O~----Mayor ATTEST: CITY CLERK CITY OF RANCHO PALOS VERDE S By ~)!ti,~,-ddJL= '\ayor ..f . ,/.,".. CITY CLERK Date:_ Date:/+-(b --q b Page 11 F-26 ,." ,,., JOINT POWERS AGREEMENT BY AND AMONG THE CITIES OF RANCHO PALOS VERDES,PALOS VERDES ESTATES AND ROLLING HILLS ESTATES,CREATING A PALOS VERDES PENINSULA TRANSIT AUTHORITY THIS AGREEMEN~is exeouted as of __M_a....y'--S ,1992, by and among the cities of'Ranoho Palos Verdes,Palos Verdes Estates and Rolling Hills Estates,eaoh of which is a munioipal corporation of the State of California. WITNESSETH: WHEREAS,the Cities of Palos Verdes Estates,Rolling Hills Estates and Rancho Palos Verdes desire to form a Joint Powers Authority ("Authority")pursuant to a Joint Powers Agreement ("Agreement")to provide public transit on the Palos Verdes PeninSUla;and WHEREAS,the parties to this Agreement have a mutual interest in providing publio transit to serve citizens of the member agencies;and WHEREAS,the Authority contemplates receiving Proposition A funds through the Los Angeles County Transportation Commission and funds from all other legally available sources to support pUblic transit programs provided under this Agreementj and 920127 jlw 1840263 (6) F-27 .f· WHEREAS,by this Agreement the parties hereto intend jointly to exercise their powers to accomplish common objectives. NOW,THEREFORE,the parties hereto for and in consideration of the mutual benefits,promises,and agreements set forth herein do agree as follows: section 1.Purpose. This Agreement is made pursuant to the provisions of Article 1,Chapter 5,Division 7,Title 1 of the Government Code of the state of California (commencing with Section 6500 and hereinafter called "Act")relating to the joint exercise of powers common to pUblic agencies.Each of the pUblic agencies mentioned above possesses the powers referred to in the recital hereof.The purpose of this Agreement is to study,implement, and provide a pUblic transit system within the territory over which the Authority has jurisdiction (see map attached hereto as Exhibit A).The parties desire to provide such services as an alternative to the private automobile,to assist those without private transportation,to assist in meeting environmental goals, to improve fuel conservation,and to secure the efficiencies of joint operation and service that are available through a unified, cooperative effort. section 2.Term. This Agreement shall become effective as of February 21,1992,which is the date of the first meeting of the Board of 920127 jlw 1840263 (6)-2 - F-28 Directors of the Authority,and shall continue in force and effect until terminated by the parties hereto as provided in this Agreement. Section 3.creation of Authority. There is hereby created a public entity to be known as the "Peninsula Transit Authority."Said Authority shall be a pUblic entity separate and apart from the pUblic agencies which are parties to this Agreement.The debts,liabilities,or obligations of Authority do not constitute debts,liabilities or obligations of any member agency which is a party to this Agreement.The Authority cannot require the member agencies to contribute money or services to the Authority without the consent of the governing body of each agency so contributing. Section 4.Powers. The Authority shall have the powers common to the public agencies which are parties to this Agreement,to acquire such information as may be necessary and required for the instal- lation of transit facilities and the acquisition of transit equipment to serve the transit needs of the citizens residing within the territorial limits of the agencies which are members of this Agreement,to develop short and long range plans to serve the transit needs of the citizens residing within the territorial limits of the agencies which are members of this Agreement,to implement and operate the transit services,including the letting of contracts to implement the transit plan or the operation 920127 jlw 1840263 (6)- 3 - F-29 ·/' '. thereof.The Authority is hereby authorized,in its own name,to do all acts necessary for the exercise of such common powers for such purposes,including,but not limited to,any of the following:to apply for,receive and utilize all forms of financial assistance for pUblic transit facilities or services, including,but not limited to,contributions,grants,alloca- tions,federal and state loans,revenue or other assistance from the County,or local governments or other sources;to make and enter into contracts and leases;to employ independent contrac- tors,agents and employees;to acquire,develop,maintain,and operate the facilities for transit service to serve citizens residing within the territorial limits of the aqencies that are parties to this Agreement;to hold or dispose of real and perso- nal property,including transit equipment and facilities;to incur debt,liabilities,or obligations;to invest monies not needed for immediate necessities;to adopt a conflict of interest code and have the power to sue and to be sued in its own name. Such powers shall be exercised in the manner provided in the Act, and,except as expressly set forth herein,SUbject only to such restrictions upon the manner of exercising such powe.rs as are imposed upon the member agencies in the exercise of similar powers.Notwithstanding the generality of the foregoing,the Authority shall have no power to bind any of the member agencies to any monetary obligation whatsoever other than those expressly and specifically authorized by the mutual consent of all the member agencies...The Authority shall have no power of em1nent domain or condemnation. 920127 jlw 1840263 (6)-4 - F-30 ," Section 5.organization. A.Board of Directors The Authority shall be governed by a Board of Directors composed of six members,each serving in his/her individual capacity as members of the .governing board.Each individual member of the Board of Directors shall have one vote.Each governing body of the respective member agencies shall appoint two (2)regular members to the Board of Directors from its governing body.Each member agency shall also appoint an alternate member who shall be entitled to vote at any Authority meeting in the absence of one of the regular m~mbers.Regular and alternate members appointed to the Board of Directors shall serve at the pleasure of their respective appointing bodies and until their respective successors are .appointed.Each member agency shall notify the Authority in writing of its appointments or of any change of its representative. B.Adoption of Bylaws The Authority shall adopt Bylaws which shall establish and govern the practices and substantive responsibilities of the Board of Directors.Said bylaws are SUbject to the approval of each member agency. C.Meetings of the Board The Board of Directors shall establish its regular meeting schedulei provided,however,it shall hold at least one (1)regular meeting during each quarter of each fiscal year. The date,hour and place of the holding of the regular meetings shall be fixed in the bylaws or by resolution of the Board of 920121 jlw 1840263 (6)- 5 - F-31 Directors,and a copy of such resolution shall be filed with each party hereto.Regular meetings may be adjourned from time to time.Special meetings may be called by the Chairperson or upon written request of any four members of the Board.Members shall be given at least twenty-four (24)hours written notice of special meetings. D.Ralph M.Brown Act All meetings of the Board of Directors of the Authority,including without limitation,regular,adjourned regular,and special meetings,shall be called,noticed,held, and conducted in accordance with the provisions of th.e Ralph M. Brown Act (commencing with section 54950 of the Government Code). E.Quorum Three members of the Board of Directors with at least one member present from each of the agencies which is a party to this Agreement shall constitute a quorum for the transaction of business,except that a lesser number may adjourn for lack of a quorum.Any action taken by the Board requires a majority vote of those present but in no case less than one affirmative vote from each member agency. F.Officers The Board of Directors shall elect a Chairman and Vice- Chairman and the Vice-Chairman shall act in the absence of the Chairman.The Board of Directors shall also elect such other officers as deemed necessary,who may not necessarily be a member of the Board of Directors,in which case they shall be non-voting officers. 920127 jlw1840263 (6)- 6 - F-32 All officers shall serve for a term of one year from the date of their election·or until their successors are elected. The Chairman or Vice-Chairman is authorized to execute all documents in the name of the Authority. G.Administration The Board of Directors may,in its discretion,appoint an Administrator of the transit system,to serve at the pleasure of the Board,and to have the power to certify Authority documents as required by law and to assume such duties and responsibilities as the Board may direct. H.New Members The Authority may accept new pUblic agency members upon the unanimous written consent of the existing members and the written agreement of the new member to be bound by the terms of this Aqreement,the Bylaws of the Authority,and any other agreements to which the Authority is a party. Section 6.Financial Provisions. A.Fiscal Year For the purposes of this Agreement,the term llfiscal year"shall mean the fiscal year as established from time to time by the member agencies,being,at the date of this Agreement,the period from July 1 in any calendar year to and including the following June 30 in the succeeding calendar year. B.Annual Budget The Bylaws of the Authority shall set forth a procedure for adoption of an annual bUdget. 920127 jlw 1840263 (6)- 7 - F-33 C.Assistance to Authority 1.The parties to this Agreement may,in accordance with Government Code section 6504,in appropriate circumstances and only if first approved by the governing body of each member agency;(a)make contributions from their treasuries for the purposes set forth herein,(b)make payments of pUblic funds to defray the costs associated with such purposes,(c)make advances of public funds for such purposes,such advances to be repaid as provided herein,or (d)use their personnel,equipment,'or property in lieu of other contributions or advances.Such sums shall be paid to and disbursed by the Authority. 2.In accordance with Government Code Section 6513, all of the privileges and immunities from liability,exemptions from laws,ordinances and rules,all pension,relief,disability, worker's compensation,and other benefits which apply to the activity of Officers,agents or employees of each member agency when performing their respective functions within the territorial limits of their respective member agencies,shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially. D.Notice of Expected contribution The Treasurer of the Authority,as defined in Paragraph G of this Section,must advise each member agency of its expected contribution under this Agreement no later than March 1st of each year for the following fiscal year. 920127 jlw 1840263 (6)- 8 - F-34 E.Disposition of Assets Upon the termination of this Agreement or withdrawal of a member agency,any assets acquired by the Authority shall be disposed of in accordance with applicable law.To the extent that such property may be distributed to the member agencies,the same shall be distributed in proportion to the contribution made by each pursuant to this Agreement.The member agencies shall execute any instruments of conveyance necessary to effectuate such distribution or transfer.For purpose of computation,the aggregate of all money and property provided by each member agency during the entire term of this Agreement shall be deemed to constitute the contributions made by each. F.Expenditures The Board of Directors shall establish procedures and policies to insure competitive prices for the purchases of goods and services.Formal bidding shall not be required unless directed specifically by the Board of Directors or unless required by state or federal law.Particularly in the purchase of equipment,including buses,the Board may consider the design, maintenance and operating costs,and other similar factors in determining the most suitable equipment and need not purchase equipment having the lowest initial cost. G.Treasurer Pursuant to Section 6505.5 of the Government Code,the Treasurer of the City of Rancho Palos Verdes is hereby appointed as the Treasurer of the Authority.The Treasurer shall have the powers and duties set forth in Section 6505.5.If the City of 920127 jlw 1840263 (6)- 9 - F-35 .J Rancho Palos Verdes chooses not to utilize its Treasurer to serve as Treasurer of the Authority or if the Board determines that someone else should serve as Treasurer,the Board of Directors shall determine who will perform these functions.The Treasurer shall maintain separate books of account to record the financial transactions of the Authority,including cash receipts,cash disbursements and a general ledger,if needed.The Treasurer shall be strictly accountable for all funds as required by the Act and Section 6505 thereof. H.Annual Audit The Board of Directors shall cause an annual audit to be prepared and filed in accordance with section 6505 of the Government Code.The Auditor of the city of Rancho Palos Verdes is hereby appointed as the Auditor of the Authority.If the City of Rancho Palos Verdes chooses not to utilize its Auditor to serve as Auditor of the Authority or if the Board determines that someone else shoUld serve as Auditor,the Board of Directors shall determine who will perform these functions. I.Official Bonds ~he Administrator and such other employees or agents as the Board of Directors may direct shall file an official bond in an amount to be determined by the Board of Directors.The cost of said bond(s)shall be borne by the Authority. 920127 jlw 1840263 (6)-10 - F-36 ,I Section 7.Amendment of Agreement. This Agreement may be amended at any time subject to the unanimous written approval of each member agency's governing body. Section 8.Effective Date. This Agreement shall become effective on February 21, 1992. Section 9.Termination. A.This Agreement shall continue in full force and effect until canceled in writing by a majority of the member agencies.Withdrawal of any member agency shall not serve to cancel the Agreement between the remaining member agencies. B.Any member agency may withdraw from this Agreement by giving written notice to the Authority ninety (90)days prior to the commencement of any fiscal year. C.If the Authority has executed a contract for public transportation services which includes a commitment to claim and e,xpend public transportation financial assistance for the period of such contract,the Authority may not be dissolved during the term of such contract unless the contract otherwise provides. D.If the Authority has executed a contract for public transportation services which includes a commitment to claim and expend pUblic transportation financial assistance, other than a contract as described in SUbparagraph C of this 920127 jlw 1840263 (6)-11 - F-37 section,an eligible member agency which desires to withdraw from the Authority shall be bound by such commitment. section 10.Hold Harmless. The Authority shall hold harmless the member agencies which are parties to this Agreement,their officers,agents,and employees from all liability for any loss,damage,or injury to persons or property arising out of or attributable to the furnishing of pUblic transportation service by the Authority pursuant to this Agreement.The Authority shall not be required to obtain its own liability insurance;however,the Authority shall require all contractors providing service to the Authority to obtain and maintain liability insurance in a sufficient amount as required by the Board of Directors of the Authority. section 11.Notification to Secretary of state. Pursuant to Government Code section 6503.5,the Authority shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of Secretary of State of california ,within thirty (30)days after the effective date of this Agreement.until such filing is completed,the Authority shall not issue any bonds or incur indebtedness of any kind.The Authority shall likewise cause such a notice to be prepared and filed with the Office of the Secretary of State within thirty (30)days after the effective date of any amendment to this Agreement. 920127 jlw 1840263 (6)-12 - F-38 IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective on February 21,1992,the date of the first meeting of the Board of Directors of the Authority_ CITY OF ~O.LLING EILLSATE.S~.BY:~~.2f6~:' ATTEST: CITY OF PALOS VERDES ATTEST: #-~RX~ CITY OF RANCHO PALOS VERDES BY~1ro~ ATTEST: Date :__;z.....,,t-1_3 .f-1-I _Q'-'"-rz::::-.,...--T 7 Date:--!/~;S~3~tJ::...,.f-jq-G.·...c.r~_ I 7 920127 jlw 1840263 (6)-13 - F-39