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Home My WebLink About05.G- Mayor's Office 5.G JPA RESOLUTION (ID # 4424) DOC II CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: R. Carey Davis M/CC Meeting Date: 05/16/2016 Prepared by: Ericka Murphy, (909) 384- 5133 Dept: Mayor's Office Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute an Agreement to Approve Amendments to the Amended and Restated Joint Exercise of Powers Agreement Amending and Reestablishing the Governing Document of Omnitrans. (#4424) Current Business Registration Certificate: Financial Impact: Account Budgeted Amount: NONE Account Description: <<Insert Account Description>> Balance as of: <<Insert Date>> Balance after approval of this item: <<Insert Amount>> Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred, but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: An agreement was initially entered on March 3, 1976 between the County of San Bernardino and the Cities of Chino, Colton, Fontana, Loma Linda, Montclair, Ontario, Redlands, Rialto, San Bernardino, and Upland. Background: The County of San Bernardino entered a Joint Powers Agreement with the Cities of San Bernardino, Upland, Rialto, Redlands, Ontario, Loma Linda, Montclair, Fontana, Colton, and Chino on March 3, 1976. The agreement established a separate and individual transportation entity between the agencies to address the various transit service needs throughout the San Bernardino Valley. The agreement, which unified the agencies, has been amended five times since its initial adoption, causing it to be difficult to read due to the required review of the additional amendments. The Omnitrans Board of Directors directed that the agreement be restated to incorporate all amendments into one document and updated to meet the current needs of Omnitrans. The amended JPA will include the following additional provisions: • The appointment of a Chief Executive Officer, renamed from General Manager • The reduction of County representation from five Supervisors to four, with one I Updated: 5/9/2016 by Georgeann "Gigi" Hanna A Packet Pg. 222 4424 alternate AF A • The ability to levy a fee, assessment, or tax (with voter approval) • The ability to implement eminent domain City Attorney Review: Supporting Documents: JPA Resolution Word Doc (DOC) Amended & Restated JPA (PDF) Amendments Begin on Page 51 (PDF) Updated: 5/9/2016 by Georgeann "Gigi" Hanna A Packet Pg. 223 1 RESOLUTION NO. 2016- 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN 4 AGREEMENT TO APPROVE AMENDMENTS TO THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT AMENDING AND E 5 REESTABLISHING THE GOVERNING DOCUMENT OF OMNITRANS. d 6 WHEREAS,the parties forming OMNITRANS, a Joint Powers Authority, desire to a� 7 amend the Joint Powers Agreement to maximize current operational efficiencies and o a 8 incorporate previously amended functions of the document, as well as omit aspects that are no S 0 9 longer applicable; and z 10 WHEREAS,the Omnitrans Board has reviewed and approved the amendments to the � Z 11 Joint Powers Agreement; and 2 12 WHEREAS,the amended Joint Powers Agreement will become the governing 13 document of Omnitrans; 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON c 15 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. The Mayor is hereby authorized on behalf of the City of San Bernardino Q 17 to execute an agreement between the other governing agents of the Joint Powers Authority, v 7 18 Omnitrans, to approve the proposed amendments of the Amended and Restated Joint Exercise c 19 a of Powers Agreement attached hereto as Exhibit"A" and incorporated herein. 10 0 20 0 21 0 22 Q: Q 23 24 E 25 r 26 /// Q I27 28 1 1 Packet Pg. 224 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN 2 AGREEMENT TO APPROVE AMENDMENTS TO THE AMENDED AND 3 RESTATED JOINT EXERCISE OF POWERS AGREEMENT AMENDING AND REESTABLISHING THE GOVERNING DOCUMENT OF OMNITRANS. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and E 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 a day of May, 2016, by the following vote, to wit: 7 3 0 8 Council Members: AYES NAYS ABSTAIN ABSENT 0 9 MARQUEZ N z a 10 BARRIOS z 11 VALDIVIA o 12 a; SHORETT 13 14 NICKEL c 15 RICHARD c m 16 MULVIHILL Q 17 d N d 18 Georgeann Hanna, City Clerk U O 19 a The foregoing Resolution is hereby approved this day of May, 2016. -a O 20 S 0 I 21 3 22 R. CAREY DAVIS, Mayor City of San Bernardino Cr. 23 Approved as to form: a GARY D. SAENZ, City Attorney 24 E 25 s By: U 26 a 27 28 2 Packet Pg.225 AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, CHINO HILLS, COLTON, FONTANA, GRAND TERRACE,HIGHLAND, LOMA LINDA,MONTCLAIR, ONTARIO, RANCHO CUCAMONGA,REDLANDS, RIALTO, SAN BERNARDINO, UPLAND,AND YUCAIPA CREATING A COUNTY WIDE TRANSPORTATION AUTHORITY TO BE KNOWN AS "OMNITRANS". c d E THIS AGREEMENT, originally dated for convenience on the 8th day of March, 1976, 0 is hereby amended and restated on , 2016, is entered into by and between the y L COUNTY OF SAN BERNARDINO and the Cities of CHINO, CHINO HILLS, COLTON, o a FONTANA, GRAND TERRACE, HIGHLAND, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO, UPLAND and YUCAIPA, all of which are bodies politic in the STATE OF CALIFORNIA; t Z 2 WITNESSETH: o d M U1 WHEREAS, the County of San Bernardino (hereinafter sometimes referred to as "County") and the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma D CD Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and c Yucaipa (hereinafter sometimes referred to as "Cities") have a mutual interest in deciding upon and E Q implementing a public transit system to serve all the parties, and N WHEREAS, previously certain transit service authorities served sub-areas of the County, utilizing either the County of San Bernardino or San Bernardino Transit System as transit a operators; and a WHEREAS, the parties now wish to continue to better coordinate transit efforts by W amending and restating the agreement used in creating a single umbrella agency which will provide ca transit services as requested by the transit service authorities, and will serve the transit needs of the a ISan Bernardino Valley and other areas as required. E NOW, THEREFORE, the County and Cities above mentioned, for and in d consideration of the mutual promises and agreements herein contained, do agree as follows: to w a I Packet Pg.226 SECTION 1. PURPOSE. Each party to this Agreement has the power to own, maintain, and operate a public transportation system. Under authority of Title I, Division 7, Chapter 5, as amended, of the Government Code of the State of California, the parties desire by joint exercise of their common c power, to create and constitute a public transportation entity separate and distinct from each of the E a� parties to be known as "Omnitrans", which will own, maintain, operate and administer a public Q transportation system. This transportation system will serve as a unifying umbrella agency to coordinate service desires of the various transit service authorities throughout the San Bernardino a Valley, and to provide such service either directly or through subcontract with other operators. The S 0 transportation system initially absorbed the public transportation operations of the San Bernardino z Transit System, and the County of San Bernardino Transportation Department's Public Transit W Division. Omnitrans will provide a standardized system of fares, a universal system of transfers, and Z expanded transit services and facilities for the benefit of the citizens of the parties. -0a� �a Cn Q1 SECTION 2. CREATION OF AUTHORITY. c Omnitrans was created pursuant to Section 6506 of the California Government Code a� and said Authority is a public entity separate and apart from the Cities and County which are parties to = d this Agreement. a N SECTION 3. GOVERNING BOARD. a A. Membership. The Authority (Omnitrans) shall be administered by a Board of Directors. The y membership of the Board of Directors shall consist of an officially designated Mayor or Council Member from each member City and four seats to be officially designated d members from the Board of Supervisors who currently hold the office of Supervisor of the County of San Bernardino. Each City representative may have one alternate who Q shall be a Mayor or City Council Member officially designated by the City Council. E The County representatives may have one alternate who shall be a County Supervisor. 0 r The alternates shall serve in an official capacity and be entitled to vote only in the C absence of the official representatives. Omnitrans-Joint Powers Agreement-Amended&Restated 2 Packet.Pg.227 B. Voting. Each member of the Board of Directors shall have one vote. A quorum shall consist of a majority of the membership of the Board of Directors, except that all w c County representatives on the Board of Directors shall be counted as one for the d d purpose of establishing a quorum. Less than a quorum may adjourn from time to time. a All actions taken by the Board shall require a majority vote of the members present, with a quorum in attendance,provided, however,that adoption of By-laws, Amendment a r of By-laws, adoption of an annual budget and such other matters as the Board may = 0 designate shall require a majority vote of the entire membership of the Board. An z abstention shall be considered neither an affirmative nor a negative vote, but the W presence of the member abstaining shall be counted in determining whether or not there z 0 is a quorum in attendance. Votes to issue bonded debt shall require a majority vote of the total a) membership. _ C. Meetings. m Regular Meetings. The Board of Directors shall provide for its regular meetings; provided, a however, it shall hold at least one (1) regular meeting during each quarter of N each fiscal year. The dates, hour, and place of the holding of the regular 0. Q meetings shall be fixed by the Board by resolution. Ralph M. Brown Act. N All meetings of the Governing Board, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, 'a a) and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code). Q Minutes. The Secretary of the Board shall cause to be kept minutes of regular, 0 adjourned regular, and special meetings of the Governing Board, and shall cause Q a copy of the minutes to be forwarded to each member of the Board and to each of the parties hereto. Omnitrans-Joint Powers Agreement-Amended&Restated 3 Packet Pg.228 D. Officers. The Board shall select a Chairman, a Vice Chairman, and other necessary officials. The Secretary shall be the Chief Executive Officer of Omnitrans. The Treasurer of the Authority shall be the Chief Executive Officer of Omnitrans who shall c be the depositary and have custody of all money of the Authority from whatever E a� sources. Omnitrans' Director of Finance shall be the Controller of the Authority and a shall draw all warrants to pay demands against the Authority. The Attorney for the Authority shall be designated by the Board. The public officers or persons who have a charge of, handle or have access to any property of the Authority shall file an official S 0 n bond in accordance with Section 6505.1 of the California Government Code. The cn Z Authority shall have the authority to appoint or employ such other officers, employees, 0� consultants, advisors, and independent contractors as it may deem necessary. z M 0 E. Functions. -o The Board of Directors shall perform the following functions: N d Adopt the budget; Appoint a Chief Executive Officer; a� Appoint a technical committee; a� Establish policy, including but not limited to: Q (a) Uniform fares; N (b) Procurement Policies; a (c) Personnel Policies Adopt rules and regulations for the conduct of business; and N (6) Perform such other functions as are required to accomplish the purposes of this � Agreement. -� a) c a� SECTION 4. POWERS. Omnitrans shall have the common power of the parties to own, operate and maintain a public transit system; and, in the exercise of the power under this Agreement, Omnitrans is U w authorized in its own name to: Q (1) Sue and be sued; (2) Employ agents and employees and contract for professional services; Omnitrans-Joint Powers Agreement-Amended&Restated 4 Packet Pg.229 (3) Make and enter contracts; (4) Acquire, convey, construct, manage, maintain and operate buildings and improvements; (5) Acquire and convey real and personal property; c (6) Incur debts, obligations and liabilities,provided, however, the debts, obligations E a� and liabilities incurred by Omnitrans shall not be, nor shall they be deemed to d be, debts, obligations, or liabilities of any party; d (7) Levy a fee, assessment or tax; a°. (8) Power of eminent domain = 0 (9) Invest funds not required for immediate use as the Board determines advisable - Cn z - in the same manner and upon the same conditions as other local entities in W accordance with Section 53601 of the Government Code; and z 2 (10) Do all other acts reasonable and necessary to carry out the purpose of this d Agreement; :a a� (11) Obtain insurance; (12) Apply for grants under federal, state and local programs. t° d Such powers are subject to the statutory restrictions upon the manner of exercising the = a� powers of the County of San Bernardino. Q N SECTION 5. FISCAL YEAR. a For the purposes of this Agreement, the term "Fiscal Year" shall mean the twelve (12) month period from July I to and including the following June 30. d SECTION 6. FINANCIAL SUPPORT. a� At the time of preparing Omnitrans annual proposed operating budget and proposed capital expenditure budget, the Board shall consider the amount of financial support to be allocated by Q w: the San Bernardino Associated Governments (SANBAG) on behalf of members' jurisdictions. SANBAG as the Transportation Planning Agency for San Bernardino County, and acting as the Y County Transportation Commission, is responsible for allocating Transportation Development Act Q (TDA) funding sources for transit and non-transit related purposes that comply with regional transportations plans. Omnitrans-Joint Powers Agreement-Amended&Restated 5 Packet Pg..230 The TDA provides two funding sources: 1. Local Transportation Fund (LTF), which is derived from a 1/4 cent of the general sales tax collected statewide. 2. State Transit Assistance fund (STA), which is derived from the statewide sales tax on c gasoline and diesel fuel. E d a� SECTION 7. CHIEF EXECUTIVE OFFICER. Q N L The Chief Executive Officer of Omnitrans shall serve at the pleasure of and upon the o a. terms prescribed by the Board of Directors. p The Chief Executive Officer shall be responsible for carrying out the policy and I U) directives of the Board of Directors. The duties of the Chief Executive Officer shall include: Q 1. The preparation and submission to the Board of Directors of the annual operating and Z 2 capital improvement budgets; o 2. The appointment, assignment, direction, supervision, and subject to the personnel rules N adopted by the Board of Directors, the discipline or removal of Omnitrans employees; 3. Advising the Board of Directors concerning all matters relating to the operation of CU Omnitrans and the various programs of work, promotion and expansion; c 4. Providing periodic financial reports covering Omnitrans and its operations in the manner E Q and at the times determined by the Board of Directors; and N 5. Approving for payment, under the procedure adopted by the Board of Directors, all valid demands against Omnitrans. a- w SECTION 8. TREASURER. d W The Treasurer of the Authority shall receive, have custody of, and disburse Authority 06 funds pursuant to the accounting procedures developed by the Authority Board in conformance with a d Government Accounting Standards, and shall make disbursements required by this Agreement to carry Q out any of the provisions or purposes of this Agreement. a� E U f� rr Q Omnitrans-Joint Powers Agreement-Amended&Restated 6 Packet PPg. 231 SECTION 9. CONTROLLER. The Director of Finance, as Controller, shall issue checks to pay demands against Omnitrans, which have been approved by the Chief Executive Officer. He shall be responsible on his official bond for his approval for the disbursement of Omnitrans money. c The Controller shall keep and maintain records and books of accounts on the basis of E a� a� the uniform classification of accounts adopted by the State Controller. The books of accounts shall a, Q include records of assets and liabilities. d There shall be strict accountability of all funds by the Controller. All revenues and a expenditures shall be reported by the Controller to the Board of Directors on a quarterly basis, unless 0 otherwise required by the Board of Directors. cn Z Books and records of the Authority shall be open to inspection at all times during Q� normal business hours by any representative of a member of the Board of Directors, or by any Z accountant or other person authorized by a member of the Board of Directors to inspect said books or -tea a� records. v c SECTION 10. BUDGET AND ACCOUNTING. E a� The Chief Executive Officer shall prepare and submit to the Board of Directors in a� sufficient time for revision and adoption prior to July 1 of each year, the annual budget of the Q Authority for the next succeeding Fiscal Year. N All expenditures of the Authority shall be within the approved annual budget and in CL a accordance with the bylaws of the Authority and all applicable rules, policies, and procedures adopted by the Board of Directors. No expenditures in excess of those budgeted shall be made without the w approval of the Board of Directors. The books of account and other financial records of the Authority shall be audited d annually, or biennially if so authorized by the Board of Directors, by an independent certified public v accountant and any cost of the audit shall be paid by the Authority. The minimum requirements shall Q be those prescribed by the State Controller under California Government Code Section 26909 and in conformance with generally accepted auditing standards. The annual audit, or biennial as the case w may be, shall be submitted to the Board of Directors when completed. C Omnitrans-Joint Powers Agreement-Amended&Restated 7 Packet Pg.232 SECTION 11. PARTIES' LIABILITY. Each party to this Agreement, whether individually or collectively, does not assume, nor shall a party be deemed to assume, liability for: Any act of Omnitrans or for any act of Omnitrans agents or employees; The payment of wages, benefits, or other compensation of officers, agents or E a� employees of Omnitrans; or The payment of workmen's compensation or indemnity to agents or employees of Omnitrans for injury or illness arising out of performance of this Agreement. a Indemnityby Authority: Provided that a party has acted in good faith and in = 0 accordance with this Agreement, the Authority shall defend, indemnify and hold such party z free and harmless from any loss, liability or damage incurred or suffered by such party by W reason of litigation arising from or as a result of any of the following: the party's participation z in the Authority, or any other act performed or to be performed by the party pursuant to this0a� Agreement, provided, however, that such indemnification or agreement to hold harmless N d pursuant to this Section shall be recoverable only out of Authority assets (including insurance proceeds) and not from other parties to this Agreement. CD Risk Management and Insurance: The Authority shall employ the principles of sound = a� risk management in its operations. Risks shall be identified, evaluated, and treated in a manner Q that protects the Authority and each party to this Agreement. The Authority shall acquire and N �r maintain throughout the term of this Agreement insurance in the amounts and types necessary a and sufficient to protect the interest of the Authority and each party to this Agreement. Unless n otherwise agreed upon by the Board of Directors, each party hereto shall be named as an 0 N additional insured on the Authority's liability coverage. a� SECTION 12. ASSIGNABILITY. With the unanimous approval of, and upon the terms agreed upon by the parties hereto, a all or any of the rights and property subject to this Agreement may be assigned to facilitate, under the 0 direction of another, the purpose of this Agreement, provided, however, no right or property of 0 Omnitrans shall be assigned without compliance with all conditions imposed by any State or Federal Q entity from whom Omnitrans has procured financial assistance. Omnitrans-Joint Powers Agreement-Amended&Restated g Packet Pg.233 SECTION 13. ADDITIONAL PARTIES. Any general purpose local public jurisdiction may join Omnitrans. Any such jurisdiction so joining shall become a member subject to: Approval of the Board of Directors; w Execution of this Joint Powers Agreement. E a� Any such agency meeting the above conditions shall be entitled to appropriate Q representation on the Board of Directors as provided in Section 3. L a� 0 a SECTION 14. TERM. 0 This original Agreement become effective on March 3, 1976, and this Amended and z Restated Agreement shall become effective on and shall continue in force until W terminated by mutual agreement of the parties. z 0 N SECTION 15. WITHDRAWAL OF PARTY. N Any party may withdraw from this Agreement as of the first day of July of any year c following six (6)months' notice to the other parties by resolution of intent to withdraw adopted by the ca d legislative body of the party. A withdrawing party shall be compensated for its total capital asset value contributed less appreciation, by return of capital assets and/or cash payment, over a period not a to exceed five(5)years,the method to be determined by the Board of Directors. a.v a SECTION 16. DISSOLUTION PROCEDURES. A. General Provision. CD If this Agreement is terminated, assigned, or transferred in whole or in part, W ca except as provided in subsection B., all assets owned by Omnitrans shall be distributed to the parties. Distribution to each party shall be made in the same proportion as that reflected in the parties' accumulated capital contribution accounts as shown in the w Controller's books of accounts. Cash may be distributed in lieu of property or E equipment. 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 Omnitrans-Joint Powers Agreement-Amended&Restated 9 Packet Pg. 234 be selected and appointed by the Board of Directors, and those referees shall appoint a neutral referee. This Agreement shall not terminate until all property has been distributed in accordance with this provision; and the winding up and property distribution hereunder _ shall be effected in the manner calculated to cause the least disruption to existing public E a� a� transportation service. a, Q N L W B. In the event that Omnitrans opts to dissolve for purposes of changing its governance a structure, all assets and liabilities will transfer to the successor agency. _ 0 z SECTION 17. PARTIAL INVALIDITY. F_ If any one or more of the terms, provisions, promises, covenants, or conditions of this z Agreement shall to any extent be adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a Court of competent jurisdiction, each and all of the remaining terms, provisions, y a� promises, covenants, and conditions of this Agreement shall not be affected thereby, and shall be valid _ and enforceable to the fullest extent permitted by law. E a� _ aD SECTION 18. SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the successors of the N v parties. " Q a. SECTION 19: MULTIPLE COUNTERPARTS. N This Agreement may be executed in multiple counterparts and a copy may be used as W an original. 06 _ a� E w W E U R a� a-. Q Omnitrans-Joint Powers Agreement-Amended&Restated 10 Packet Pg.235' 5.G.b IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. Dated: COUNTY OF SAN BERNARDINO E d d L ATTEST: d y L Clerk of the Board Laura Welch Chairman, Board of Supervisors James Ramos o a c 0 Dated: CITY OF CHINO z Q ATTEST: z 2 0 City Clerk Angela Robles Mayor Dennis R. Yates Dated: CITY OF CHINO HILLS a� ATTEST: c a� E City Clerk Cheryl Balz Mayor Cynthia Moran Q v N Q Dated: CITY OF COLTON °-�' m ATTEST: CD CD W City Clerk Carolina R. Padilla Mayor Richard A. DeLaRosa 06 d E Dated: CITY OF FONTANA Q w c aD ATTEST: w Q City Clerk Tonia Lewis Mayor Aquanetta Warren ter+ Omnitrans-Joint Powers Agreement-Amended&Restated 1 1 Packet Pg. 236 5.G.b Dated: CITY OF GRAND TERRACE ATTEST: City Clerk Pat Jacquez-Nares Mayor Darcy McNaboe a� E a� Dated: CITY OF HIGHLAND ¢ N L ATTEST: o o. City Clerk Betty Hughes Mayor Larry McCallon = 0 Dated: CITY OF LOMA LINDA z z 2 O ATTEST: a d City Clerk Pamela Byrnes-O'Camb Mayor Rhodes Rigsby c �a a� Dated: CITY OF MONTCLAIR ATTEST: a N Deputy City Clerk Andrea M. Phillips Mayor Paul M. Eaton a a m Dated: CITY OF ONTARIO CD CD W ATTEST: 06 d City Clerk Mary E. Wirtes Mayor Paul S. Leon c E a Y_ Dated: CITY OF RANCHO CUCAMONGA U y.+ ATTEST: a City Clerk Janice C. Reynolds Mayor L. Dennis Michael Omnitrans-Joint Powers Agreement-Amended&Restated 12 Packet Pg. 237 S.G.b Dated: CITY OF REDLANDS ATTEST: c City Clerk Sam Irwin Mayor Paul W.Foster E N L Dated: CITY OF RIALTO o CL ATTEST: 0 'o City Clerk Barbara A. McGee Mayor Deborah Robertson Q 2 Dated: CITY OF SAN BERNARDINO a� ATTEST: a City Clerk Georgeann Hanna Mayor R. Carey Davis a� E Dated: CITY OF UPLAND N v ATTEST: ¢ o. a� Deputy City Clerk Debbi Covington Mayor Ray Musser N a! ca d c as E w a� E a Omnitrans-Joint Powers Agreement-Amended&Restated 13 Packet Pg. 238 5G.b Dated. CITY OF YUCAIPA ATTEST: w c City Clerk Jennifer Shankland Mayor Dennis Hoyt d 7 ��a _�_ .,-„xi .,�,..,.,.�.�.....M��.• -•Yn ....tea,: .....�. ,s�� s: .. �waar�.�m�..:rownmrv�nre.�.,«� L Q N L y� 0 a Y O n Z I.f. Z M 0 19 N� QCC� C Q N Q n. d U1 N 06 d C d E Q C d t U R r r Q Omnitrans-Joint Powers Agreement-Amended&Restated 14 Packet Pg. 239 S.G.c A0.1t V rAV OmniTrans Connecting Our Community. ADMINISTRATIVE AND FINANCE COMMITTEE THURSDAY,DECEMBER 10,2015—8:00 A.M. OMNITRANS METRO FACILITY m 1700 WEST 5TH STREET SAN BERNARDINO,CA 92411 4 The meeting facility is accessible to persons with disabilities. If assistive listening devices or other auxiliary aids or Limited English Proficiency services are needed in order to participate o in the public meeting, requests should be made through the Recording Secretary at least three °- (3) business days prior to the Committee Meeting. The Recording Secretary's telephone o number is 909-379-7110 (voice) or 909-384-9351 (TTY), located at 1700 West Fifth Street, N San Bernardino, California. If you have comments about items on the agenda or other general z 4 concerns and are not able to attend the meeting, please mail them to Omnitrans at 1700 West Fifth Street, San Bernardino, California, Attention Board Secretary. Comments may also be submitted by email to BoardSecretarynomnitrans.org. 0 as A. CALL TO ORDER c}a 1. Pledge of Allegiance 2. Roll Call .a c B. ANNOUNCEMENTS/PRESENTATIONS y 1. Next Committee Meeting: Thursday, January 14, 2016, 8:00 a.m. C Omnitrans Metro Facility Board Room E Q C. COMMUNICATIONS FROM THE PUBLIC N This is the time and place for the general public to address the Board for items that are not on the agenda. In accordance with rules applicable to meetings of the Administrative & LO Finance Committee, comments on items not on the agenda and on items on the agenda are to be limited to a total of three (3)minutes per individual. a C D. POSSIBLE CONFLICT OF INTEREST ISSUES 0 Disclosure—Note agenda items contractors, subcontractors and agents,which may require N/A member abstentions due to conflict of interest and financial interests. Board Member m abstentions shall be stated under this item for recordation in the appropriate item. v E E. DISCUSSION ITEMS 1. Approve Administrative&Finance Committee Minutes—November 12,2015 2 Q 2. Recommend to Board of Directors, Adoption of Proposed Amended and Restated 6 Joint Powers Agreement, to include any recommended changes by the Committee s F. ADJOURNMENT Y Q Posted: December 3, 2015 Packet Pg. 240 5.G.c 1700 W. Fifth Si OmniTrans San Bernardino, � 909-3737 9-71-71 0 Connecting Our Community. www.omnitrans.or ITEM# E 1 E ADMINISTRATIVE&FINANCE COMMITTEE MINUTES,NOVEMBER 12,2015 `C N s. A. CALL TO ORDER o a. Committee Chair Ed Graham called the regular meeting of the Administrative and Finance o Committee to order at 8:00 a.m., Thursday,November 12,2015. m Z <i 1. Pledge of Allegiance 2. Roll Call Z 0 Committee Members Present a Council Member Ed Graham, City of Chino Hills—Committee Chair N Mayor Carey Davis, City of San Bernardino Mayor Paul Eaton, City of Montclair Council Member Pat Gilbreath, City of Redlands Mayor Ray Musser, City of Upland Council Member Dick Riddell City a of Yucaipa Council Member John Roberts, City of Fontana E Mayor Pro Tern Alan Wapner, City of Ontario N Committee Members Not Present v Supervisor Curt Hagman, County of San Bernardino n Mayor Pro Tern Sylvia Robles, City of Grand Terrace CZ a. Others Present o Mayor Pro Tern Sam Spagnolo, City of Rancho Cucamonga m m Omnitrans Administrative Staff Present P. Scott Graham, CEO/General Manager Diane Caldera, Director of Operations Jack Dooley, Director of Maintenance Samuel Gibbs,Director of Internal Audit Services Andres Ramirez,IPMO Manager Jennifer Sims,Director of Procurement E Don Walker,Director of Finance Wendy Williams,Director of Marketing/Planning Y Maurice Mansion, Treasury Manager Q Ray Maldonado, Employee Relations Manager Vicki Dennett, Executive Assistant to CEO/General Manager B. ANNOUNCEMENTS/PRESENTATIONS Packet Pg. 241 Administrative&Finance Committee Minutes November 12,2015—Page 2 The next Committee Meeting is scheduled Thursday, December 10, 2015, at 8:00 a.m. C. COMMUNICATIONS FROM THE PUBLIC c There were no comments from the public. E W d L D. POSSIBLE CONFLICT OF INTEREST ISSUES d N i There were no conflict of interest issues identified. 3 0 a Member Wapner arrived at 8:02 a.m. 0 E. DISCUSSION ITEMS Z d 1. Approve Administrative &Finance Committee Minutes—October 15, 2015 z 2 M/S (Eaton/Gilbreath) that approved the Committee Minutes of August 13, 2015. Motion was unanimous by Members present. W 2. Adopt Proposed Administrative& Finance Committee Meeting Schedule for 2016. c The proposed schedule is the same as the current 2015 schedule, which is 8:00 a.m., the second Thursday after the Omnitrans Board Meeting. CD E M/S (Gilbreath/Roberts) that adopted the proposed 2016 Committee Meeting Schedule. a Motion was unanimous by Members present. N v 3. Recommend to Board of Directors, Receive and File Construction Progress Report No. LO 41 through October 31, 2015 - sbX E Street Corridor BRT Project CL IPMO Manager Andres Ramirez presented the Construction Progress Report No. 41 for o the period through October 31, 2015. _ d Project Budget: $191.7 M m Expended to Date: $175.9 M Estimate at Completion: $188.4 M c Lost Time Injuries: Zero with over 488,000 MH worked. a 424,000 for the Corridor 64,000 for the VMF E Vehicle Maintenance Facility: w ■ Achieved Substantial Completion on June 15, 2015 and began using June 16. Q ■ Final change order with contractor complete. Punch-list items and close-out documents are being wrapped up. Packet Pg. 242 Administrative&Finance Committee Minutes November 12,2015—Page 3 E Street Corridor: ■ World Oil work is projected to commence next week and is scheduled to take 120 days. ■ 10th to Highland: Notice to Proceed has been issued, and street work began November 9, E 2015. d as ■ PA System: d Design efforts are finalized. Projected to be presented for release by the Board in January 2016. a. Y ■ Traffic Signal Synchronization: o Phase 1 Traffic Signal timing coordination is complete. N Z This item was received by the Committee and will be forwarded to the Board of Directors for receipt and file. z 5 0 4. Receive and File Omnitrans' Director of Finance Report on Price of Compressed Natural Gas Y Director of Finance Don Walker presented this item. The demand for natural gas is expected to increase as the weather turns cold, as is the price of natural gas. In summary, Omnitrans will continue to monitor the price of natural gas on the open market to determine if and when it would be prudent to implement a new hedging program. The current hedging price has decreased, and we would have lost money if we had continued a the program beyond August 2015. N This item was received and filed by the Committee. LO 5. Receive and forward to the Board of Directors for receipt and file the results from the risk assessment and the FY 2016 Internal Audit Workplan a 0 Director of Internal Audit Samuel Gibbs presented this item. Sam discussed the use of = Forced Passes. Farebox exceptions are rare, and haven't happened in the last 18 months. m The sub-lease of building space at I Street was discussed. There hasn't been a lease increase since 2008. Improvements to the appearance of the building continue. The Employee Recreation Club (ERC) hosts events at least monthly, and families are E welcome to participate. The audit perspective to the ERC has to do with the amount of money that the ERC handles. Q This item was received and will be forwarded to the Board for receipt and file. U Y Y Q Packet Pg. 243 5.G.c Administrative&Finance Committee Minutes November 12,2015—Page 4 F. ADJOURNMENT The Administrative and Finance Committee meeting adjourned at 8:25 a.m. The next Administrative and Finance Committee Meeting is scheduled Thursday, December 10, 2015, at 8:00 a.m., with location posted on the Omnitrans website and at Omnitrans' San Bernardino Metro Facility. E d L Prepared by: N L d 0 Q r Christine Vega, Administrative Secretary 'o m z a z O m ca a� D: c c a� E a N r- LO d O'! (C a c 0 c 0 m c m E -a c CD E Q c a� E t ca r Q Packet Pg. 244 A.P.M.h-, 1700 W.Fifth Si OmniTrans San Bernardino,CA 9241 909-379-7101 Connecting Our Community. www.omnitrans.or ITEM# E2 DATE: December 10, 2015 L TO: Committee Chair Ed Graham and Q N Members of the Administrative and Finance Committee 0 FROM P. Scott Graham, CEO/General Manager 0 SUBJECT: PROPOSED AMENDMENT TO OMNITRANS cn JOINT POWERS AGREEMENT a FORM MOTION z 0 Recommend to Board of Directors, adoption of the proposed Amended and Restated Joint Powers Agreement, to include any recommended changes by the Committee. y w BACKGROUND c �a In May 2015, the Omnitrans Board of Directors authorized Omnitrans to begin the process of a amending the Joint Powers Agreement (JPA) with the ultimate goal of presenting a proposed new Joint Powers Agreement to the Board of Directors for approval by June 2016. With guidance from County Counsel, Omnitrans met with the Board Executive Committee in June and August 2015 to review the existing JPA. As a result of these meetings, recommended changes have been proposed for consideration. LO a� a� In early October 2015, a copy of the existing Joint Powers Agreement, along with a redlined a copy of the proposed changes, and a draft clean copy of the agreement were distributed to the o Omnitrans Board of Directors, the County Chief Executive Officer, and the City Managers and a, City Clerks of each member entity. It was requested that the documents be reviewed by their m appropriate staff and legal counsel, with comments and questions regarding the proposed r changes to be forwarded to Omnitrans for discussion at the Administrative and Finance Committee meeting scheduled December 10, 2015. In response to this request, comments/questions were received from three member cities. Q All Board Members, the County Chief Executive Officer, JPA Member City Managers and City Clerks will also receive this agenda packet (electronic only) and are invited to attend the E Committee meeting and join in the discussion. w Legal Counsel Carol Greene will lead the discussion on the proposed changes to the Joint Q Powers Agreement and will also address the comments/questions received from JPA members regarding the proposed changes. Packet Pg.245 Committee Chair Ed Graham and Members of the Administrative and Finance Committee December 10,2015—Page 2 Included with this memorandum are the following documents: Attachment No. 1 - Current JPA, including amendments Attachment No. 2 - Draft Redlined Copy—Proposed by Executive Committee/Legal Counsel Attachment No. 3 - Draft Clean Copy E Attachment No. 4—Comments/Questions from JPA Member Cities d a CONCLUSION i Q 3 Approval of the recommended action will move the Proposed Amended and Restated Joint a0 Powers Agreement forward to the Board of Directors for adoption. Once adopted by the Board = of Directors, the Amended and Restated Joint Powers Agreement will have to be presented to each JPA Member City/County for adoption. Once adopted by all member agencies, the z Amended and Restated Joint Powers Agreement would become the governing document of Omnitrans. z z O PSG/vd a� _ d _ E a N T- d lC a r- 0 a� m c as E a _ d E a E r a Packet Pg.246 ATTACHMENT 1 CURRENT JOINT POWERS AGREEMENT Q ! ,JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON , FONTANA, LOMA LINDA, MONTCLAIR, ONTARIO, REDLANDS , RIALTO, SAN BERNARDINO AND UPLAND d CREATING A COUNTY WIDE TRANSPORTATION - AUTHORiTY TO BE KNOWN AS "OMNITRANS". Q N i d 0 THIS AGREEMENT, dated for convenience on the t� day a° c of �.f+.. , 1976, is entered into by and between the COUNTY U) OF SAN BERNARDINO and the Cities of CHINO, COLTON , FONTANA, LOMA Z a LINDA, MONTCLAIR, ONTARIO, REDLANDS , RIALTO, SAN BERNARDINO and Z UPLAND, 'all of which are bodies politic in the STATE OF CALIFORNIA; 0 d "a a" WITNESSETH : -a C v (D C WHEREAS , the County of San Bernardino (hereinafter some- E a times referred to as "County") and the Cities of Chino, Colton , � N V Fontana , Loma Linda, Montclair, Ontario , Redlands , Rialto, San y u� Bernardino and Upland , (hereinafter sometimes referred to as "Cities") a� have a mutual interest in deciding upon and implementing a public a o C transit system to serve all the parties , and 0 m WHEREAS , certain transit service authorities now serve c as sub-areas of the County, utilizing either the County of San Bernar- ,Ea c d dino or San Bernardino Transit System as transit operators ; and E WHEREAS , the parties now wish to better coordinate transit m E efforts by creating a single umbrella agency which wilt provide r transit services as requested by the transit service authorities , `t and will serve the transit needs of the entire County of San Bernar- dino and other areas as required. Packet Pg. 247 u� � NOW, THEREFORE , the County and Cities above mentioned , for and in consideration of the mutual promises and agreements herein contained , du agree as follows : SECTION l . PURPOSE = . < � Each party to this Agreement has the power to own , " 0. maintain , and operate a public transportation system' Under authority of Title 1 , Division 7, Chapter 5 , as n amended , of the Government Coda of the State of California , the parties desire by joint exercise of their common M 0 power, to create and constitute a new public transporta- tion entity separate and distinct from each of the parties � � � to be known as uOmnitransn , which will own , maintain , � operate and administer e public transportation system . This new transportation system will serve as a unifying E umbrella agency to coordinate service desires of the various transit service authorities throughout San � Bernardino County, and to provide such service either � directly or through subcontract with other operators . The c transportation system will initially absorb the public co transportation operations of the San Bernardino Transi t System, and the County of San Bernardino Transportation Department ' s Public Transit Division , which presently ^� serve the parties . The new entity will provide a standarized system of fares , a universal system of trans- fers , and expanded transit services and facilities for the benefit of the citizens of the parties . It is anti - cipated that the expertise , efficiencies , and economies -2- Packet Pg. 248 u*~�\ resulting from the joint effort , and the utilization of ~/ available assistance programs will lend impetus to the new transit entity in developing an expanded County wide public transportation service' � SECTION 2 . CREATION OF AUTHORITY . 0 0. Pursuant to Section 6506 of the California Government Code there is hereby created a public entity to be known -, Cn as "Omn / trans» , and said Authority shall be a public entity separate and apart from the Cities and County which are 2 0 parties to this Agreement . SECTION 3 . GOVERNING BOARD. `o m A Membership. The Authority (Omnitrans) shall be administered E .. by a Board of Directors . The membership of the Board of Rr 7T- Directors shall consist of an officially designated Mayor LO or Council Member from each member City and all five a. Supervisors of the County of San Bernardino . Each City r- representative may have one alternate who shall be a Mayor � or City Council Member officially designated by the City Council . The County representatives shall have no alternates ' The alternates shall serve in an official capacity and be .� entitled to vote only in the absence of the official representatives . B V o t in . Each member of the Board of Directors shall have one vote , provided, however, that upon the call of any -3_ I Packet Pg.249 Board member, a weighted voting shall be used which entitles each member agency to one additional vote for each $5 , 000 of capital asset value ( rounded to the nearest 5 ,000) con- e a� tributed to Omnitrans in the name of the member agency as EN a� L of the preceding June 30 or December 31 . Total capital d N L asset value contributed by each member less depreciation 3 0 0. shall be computed by the Controller designated in Section 0 3 D of this Agreement and such computation will control in -' z determining weighted votes . The weighted votes to which the County is entitled shall be divided equally among those 2 O Supervisors present . The weighted votes of any single representative shall not be split . The weighted voting of any single member agency shall not of itself, constitute -o a majority vote . A quorum shall consist of a majority of _ a� the membership of the Board of Directors , except that less E d than a quorum may adjourn from time to time. All actions v taken by the Board shall require a majority vote of the r LO a) members present , with a quorum in attendance , provided , �+ c� a. however , that adoption of By- laws , amendment of By- laws , o c adoption of an annual budget and such other matters as the m N Board may designate shall require a majority vote of the E entire membership of the Board (majority of total weighted = m E votes of all parties if weighted voting is called for) . An d abstention shall be considered neither an affirmative nor _ a negative vote, but the presence of the member abstaining r d shall be counted in determining whether or not there is a quorum in attendance . 4- Packet t 250 5.G.c C. Meetings . ( 1 ) Regular Meetings . The Board of Directors shall provide for c d its regular meetings ; provided , however, it shall hold at aEi d L least one ( 1 ) regular meeting during each quarter of each Q N L fiscal year. The dates , hour, and place of the holding 0 of the regular meetings shall be fixed by the Board by o. E 0 resolution . -' z (2) Ralph M . Brown Act . a H All meetings of the Governing Board , in- z O cluding , without limitation , regular, adjourned regular, and Y special meetings , shall be called , noticed , held , and con- ducted in accordance with the provisions of the Ralph M . Brown Act (commencing with Section 5950 of the Government m Code) . a (3) Minutes . v The Secretary of the Board shall cause to r a� be kept minutes of regular, adjourned regular, and special a meetings of the Governing Board, and shall cause a copy of o E the minutes to be forwarded to each member of the Board m N and to 'each of the parties hereto . E D. Officers . c m The Board shall select a Chairman , a Vice Chairman , Q c and other necessary officials . The Secretary shall be the E General Manager of Omnitrans . The Treasurer of the Authority r Y a shall be the Treasurer of the City of San Bernardino to be the depositary and have custody of all money of the Authority -5- Packet Pg.251 ` from whatever sources . The Controller of the Authority shall be the Finance Director of the City of San Bernardino who shall draw all warrants to pay demands against the Authority . The Attorney for the Authority shall be desig- � nated by the Board . The public officers or parsons who "r � � = ' � have charge of , hand la or have access to any property o f the Authority shall file an official bond in accordance ~~ with Section 6505 . 1 of the California Government Code . -v cn The Authority shall have the authority to appoint or employ such other officers , employees , consultants , advisors , and independent contractors as ; t may deem necessary . E . Functions , � � The Board of Directors shall perform the follow- NW �o m = lng functions : � �� ( l ) Adopt the budget ; E ' (2) Appoint a General Manager; (�\ Appoint a technical committee; ` ' (4) Establish policy , including but not � limi teJ to : c (a) Uniform fares ; mx /6\ Marketing; (c) User information . (S) Adopt rules and regulations for the con- E duct of business ; and /6\ Perform such other functions as are re- quired to accomplish the purposes of this Agreement . -6- Packet Pg.252 SECTION 4 . POWERS . Omnitrans shall have the common power of the parties to own , operate and maintain a public transit system; and , d in the exercise of the power under this Agreement , Omnitrans m m L is authorized in its own name to : Q N ( 1 } Sue and be sued ; d 3 0 (2) Employ agents and employees and contract a .r- 0 for professional services ; U) Z (3) Make and enter contracts ; (4) Acquire , convey , construct , manage, main- Z 2 O tain and operate buildings and improve- �a ments ; (5) Acquire and convey real and personal pro- _ � pe rty ; (6) Incur debts , obligations and liabilities , QE provided , however, the debts , obligations N and liabilities incurred by Omnitrans LO CD shall not be , nor shall they be deemed to a be, debts , obligations , or liabilities o c of any party ; m m (7) Invest funds not required for immediate w E use as the Board determines advisable -- c m in the same manner and upon the same con- Q u ditions as other local entities in accordance with Section 53601 of the Q Government Code ; and (8) Bo all other acts reasonable and necessary -7- Packet Pg.253 to carry out the purpose of this Agree- ment . Such powers are subject to the statutory restrictions upon the manner of exercising the powers of the City of San d L Bernardino. Q N L 3 0 Q. SECTION 5 . FISCAL YEAR. 0 For the purposes of this Agreement , the term "Fiscal 0) Z Year" shall mean the twelve ( 12) month period from July 1 Z to and including the following June 30 . 0 d w SECTION 6 . FINANCIAL SUPPORT. At the time of preparing Omnitrans annual proposed opera- CD Ling budget and proposed capital expenditure budget, the _ m Board shall consider the amount of financial support to be Q provided by the various contracting entities for the ensuing v fiscal year. A separate route mileage charge for each LO m transit division shall be utilized for calculating contractual a fees . Any unanticipated or unusually large overhead or ad- o ministrative charges incurred by a transit division shall m N also be charged to said division . In the use of sub-contractor E service, Omnitrans shall determine an appropriate percentage E override to equitably fund overall Omnit,rans activities . w (D E SECTION 7. GENERAL MANAGER. Q The General Manager of San Bernardino Transit System shall be the first General Manager of Omnitrans and shall -8- Packet Pg.`254 serve at the pleasure of and upon the terms prescribed by the Board of Directors . The General Manager shall be responsible for carrying out the policy and directives of the Board of Directors . The duties of the General Manager shall include : ^° / l \ The preparation and submission to the a. Board of Directors of the annual operat- ing and capital improvement budgets as ^ provided in Section 6 of this Agreement . (2\ The appointment, assignment , direction , 2` ' 0 supervision , and subject to the personnel rules adopted by the Board of Directors , � � the d i s c i p l i n e or removal of Omn i t rans `o employees ; ( �) Advising the Board of Directors concern- E .. ing all matters relating to the operation of Omn ; trans and the various programs of LO work , promotion and expansion ; cn � /4\ Providing periodic financial reports C covering 8mnitrans and its operations in the manner and at the times determined by the Board of Directors ; and Approving for payment , under the procedure adopted by the Board of Directors , all valid demands against Omnitrans , -9- Packet Pg.255 SECTION 8. TREASURER. The Treasurer of the Authority shall receive , have custody of , and disburse Authority funds pursuant to the :. c d accounting procedures developed by the Authority Board as E m L nearly as possible in accordance with normal procedures 4 N of the City of San Bernardino, and shall make disbursements 3 0 required by this Agreement to carry out any of the provisions a .r- 0 or purposes of this Agreement . -' U) Z a SECTION 9 . CONTROLLER. z O The Controller shall isue checks to pay demands against Omnitrans which have been approved by the General Manager. He shall be responsible on his official bond for his approval c for the disbursement of Omnitrans money . c a� The Controller shall keep and maintain records and books �E of accounts on the basis of the uniform classification of N v v accounts adopted by the State Controller. The books of LO accounts shall include records of assets , liabilities and CL of contributions made by each party . r- 0 c m N SECTION 10 . GETTING STARTED. c a� E A. Organizational Meeting. c m The organizational meeting of the Board of Directors E shall be called by the Chairman of the Board of Supervisors , who , after consultation with the other members , shall specify a the date , time , and place of meeting . The appointees shall meet and organize and shall elect a Chairman and Vice Chairman - 10- Packet Pg. 256 ` from their number , who shall serve for a period to be established by the Board of Directors . The organized Board of Directors shall adopt rules of procedure and shall establish a time for regular meetings , provided , � however, that meetings shall be ba7d not less often than *c four times per year. At its organizational meeting the Board IL shall : ' / l ) Provide for notice of Joint Exercise of Powers Agreement to be filed with the 2 0 Secretary of State within thi rty ( ]U) days after the effective date of this � � Agreement ; c (�) Appoint a Technical Committee , which ` ' shall perform supportive functions necessary E � .. for the well being of the Authority ; ( ]) Provide for ��e selection of �n Attorney . ` ' LO Not later than 120 days following the organizational c» � meeting of its Board , Omn7trans shall complete all required � acts and procedures preliminary to initiating public trans- 0 M portation services ; and within this time , on a date to be determined by the Board , Omnytrans shall commence and maintain the public transportation service in accordance with this .� Agreement . B . Transfer fAssets . Within the period provided by Subparagraph A m _� ` '( l28 days), and prior to initiating public transportation �� , service , the Board of Directors shall accept for 0mnitrans 5.G.c the conveyance and/or assignment of the assets scheduled in Exhibits "A" and "B" , which Exhibits are attached to and made a part of this Agreement . Each party shall convey d and/or assign , and Omnitrans shall accept , the scheduled aEi m L assets subject to any encumbrance and any conditions listed . Q N L Omnitrans shall assume any outstanding indebtedness and the 3 0 a obligation of any conditions so listed . .r- 0 C. Employees . N z Within the period provided in Subparagraph A z ( 120 days) , and prior to initiating public transportation 0 service , Omnitrans shall offer employment to, and shall N accept the employment of , the public transportation system employees of San Bernardino Transit System and the San a� Bernardino County Department of Transportation , Public 'a _ m Transit Division , which employees are identified in Exhibits Q "C" and "D" . Exhibits "C" and "D" are structured to identify v the employees as of the actual date of Omnitrans takeover LO m of transportation service . The employment offered by a c Omnitrans to each designated transportation system employee o shall be of substantially the same kind and level as the m CO N employment presently enjoyed by the employee. Salary and = m E fringe benefits shall be provided to the fullest extent E possible at the current level offered by San Bernardino a Transit System. E ca Omni trans employees ' seniority rights are Y a applicable only within those operating divisions to which they are assigned . Omnitrans management may transfer an - 12- Packet Pg.258 employee between divisions , and the employee may maintain seniority rights , subject to the approval of the Omnitrans Board and the organization representing the Omnitrans em- Employment by Omnitrans of the public transporta- tion service employees of San Bernardino Transit System or 3: a. the San Bernardino County Department of Transportation Public Transit Division , shall be undertaken and accepted in conformance with any rules or restrictions imposed by the provision of existing public transportation grant con- 2 D. Provision of Transit Service . M On the data it initiates transportation service , � Omni trans shall exercise the common power of the parties by providing and maintaining a public transportation ser- E .. vice in accordance with the desires of the various Transit Service Authorities . The Transit Service Authorities LO will determine service characteristics within their juris- diction , which characteristics will include hours of � operation , frequency, and areas or routes to be served . oz Within Omnitrans capabilities , as determined by the Board of Directors , service may also be provided to points out- side the jurisdictional limits of the Transit Service *c Authorities if so requested . The parties who request extended service will be billed accordingly. Initially , the same fares and at least the same minimum service levels AF A including equipment typo shall be maintained by Omnitrans - 13- I Packet Pg.259 as was last provided by San Bernardino Transit System or the County , subject to the desire of the local Transit Serv1ce Authoricy to pay for saYd sarvyce under provisions of Section 6 . Within 8mnitrans capabilities , expanded transportation services , routes , and facilities shall be q` provided . As determined , 0mnYtrans shall provide a n a. standardized system of fares and a uniform system of trens- fere . ' For a period commencing upon the effective dace of this Agreement and terminating July l , 1980 , 8mnitrans shall maintain the central maintenance and operations headquarters for Omnitrans within the City limits of the � � � City of San Bernardino and during said period shall not � remove said central maintenance and operations head- (D quarters from the City of San Bernardino without the City ' s E .. wri tten parmiss [on first o6teinad . In the performance of its function , Omnitrans LO shall seek out and utilize a l l available programs of (L assistance and shall establish and maintain close liaison r_ wi th regiunal , State , and Federal advisory and regu| atory 6o6Yes ' E Ur anlzat | onal S tructure ' 0mn | trans shall operate utilizing a divisional ~� structure appropriate to serve the needs of the various Transit Service Authorities . Initially , such organizational structure shall substantially conform to the structure outlined in Exhibit nEu which is attached hereto . The organizational structure may later be modified by the - 14- I Packet Pg.260 Board of Directors . SECT| 8N ll ^ PARTIES ' LIABILITY. Each party to this Agreement , whether individually or collectively, does not assume, nor shall a party be ^~ deemed to assume , liability for; � a. / 7 \ Any act of Omnitrans or for any act � of Omn | trans agents or employees ; /2\ The payment of wages , benefits , or other compensation to officers , agents = or employees of Omni trans ; or (]) The payment of workmen ' s compensation c� or indemnity to agents or employees of m ^ DmnYtrans for injury or illness arising out of performance of this Agreement . ~+ SECTION 12 . ASSIGNABILITY . LO With the unanimous approval of , and upon the terms "0. agreed upon by the parties hereto, all or any of the rights - and property subject to this Agreement may be assigned to dx facilitate , under the direction of another, the purpose of this Agreement, provided, however, no right or property of Umn | tranu shall be assigned without compliance with - all conditions imposed by any State or Federal entity from whom Omnitrans has procured financial assistance . � � � SECTION 13 - ADDITIONAL PARTIES . Any general purpose local public jurisdiction may Packet Pg.^261 - l �- join 0mnitrana ^ Any such jurisdiction so joining shall become a member subject to : ( l ) Approval of the Board of Directors ; (2) Acquisition of at least $5 , 000 of capital asset value of Omnitrans by `^ - either purchasing same from an exist- 0 0. | ng shareholder or contributing funds in like amount to the capital asset Cn account of Dmnitrans ; and /3\ Execution of this Joint Powers Agreement. ~- Any such agency meeting the above conditions shall be entitled to appropriate representation on the Board of c� � Directors as provided in Section 3 ' ~ SECTION 14 . TERM. -� This Agreement shall become effective on March 3 , ~* 1976 and shall continue [n force until terminated by mutual agreement of the part / es . c[ SECTION 15 . WITHDRAWAL OF PARTY. uo Any party may withdraw from this Agreement as of the first day of July of any year following six (6) months notice to the other parties by resolution of intent to withdraw adopted by the legislative body of the party, & withdrawing party shall be compensated for its total capital :Z asset value contributed leas appreciation , by return of capital assets and/or cash payment , over o period not to - 16- exceed five /5\ years , the method to be determined by the Board of Directors . SECTI ON 16 . WINDI NG UP . A. General Provision . ~ If this Agreement is terminated , assigned , or CL transferred in whole or in part , all assets owned by 0mnYtrans shell be distributed to the parties . Distribution to each ^ party shall be made in the same proportion as that reflected in the parties / accumulated capital contribution accounts 2 0 as shown in the Controller ' s books of accounts . Cash may be distr7bute6 in lleu of property or equipment . � � If the parties cannot agree as to the valuation :o of property or to the manner of its distribution , the d | s- tri6ution or valuation shall be made by a panel of three E .. (3) referees . One ( 1 ) referee shall be appointed by the objecting ent | ty / ies\ and one ( l ) referee shall be selected and appointed by the Board of Directors , and those referees "» � shall appoint a neutral referee. � This Agreement shall not terminate until all � property has been distributed in accordance with this pro- vision ; and the winding up and property distribution here- � under shall be effected in the manner calculated to cause the feast disruption to ex/ sting public transportation � se ry l ce . B . Repurchase Option. - City of San Bernardino . In the event of dissolution of Omnitrans for - 17- I Packet Pg.263 any reason , the City of San Bernardino shall have the first right to purchase the central maintenance facility at 5th and Muscott in the City of San Bernardino and 75% of the ap- _ praised value of ail motor vehicles and equipment listed m E d in Exhibit "A" , provided that during the first five (S) a N years of this Agreement , the number of vehicles available 3 0 for said purchase shall be at least equal to the number of a c vehicles listed in Exhibit "A" hereof. In the event the City of San Bernardino , within thirty ( 30) days of the z z date of the establishment of the price as hereinafter set O forth, determines the price thus determined to be satis- factory , it shall notify 0mnitrans or its representative in writing of its acceptance . Payment of the purchase _ ca price shall be accomplished within three (3) years from aD the date of said acceptance . Should the City of San Q Bernardino decline to purchase said assets , then 0mnitrans N �t shall be free to dispose of said assets in accordance with T LO Paragraph A above and shall not be under any further obli - a gation to the City of San Bernardino. The appraised value = 0 of the assets that the City of San Bernardino shall have CO the first right to purchase shall be determined as follows : a� ( 1 ) The City of San Bernardino and 0mnitrans a� shall each appoint a qualified appraiser E a to determine the fair market value of (D E said assets being acquired by City . In the case of equipment purchased with the Q assistance of Federal grants , the - 1 8- Packet Pg.264` appraisers shall determine the appraised -- value of only the local matching share of said assets being acquired by the City . } n the event the two appraisers agree on a purchase price , this shall be � � the purchase prime established for purposes � of this repurchase option . u- (2) In the event the two appointed appraisers are unable to agree on the fair market value of the assets , they shall jointly appoint a third independent appraiser and the three appraisers shall arrive at a w W � purchase price for said assets by funotlun- � w \ n8 as an arbitration panel . The purchase price thus established as fair market E � .. value , shall be the purchase price established for the said assets by said -- � City from OmnYtrans and , the City shall IM 0. pay said price within three ( ]) years c from the date it accepts said price . ,n � The City of San Bernardino shall be re- quired to notify Omnitrans or its repre- sentative in writing of its acceptance or E rejection of said purchase price within thirty / }O\ days from the date it is notified of the final price determination . d^ Should the City of San Bernardino decline - lg- Packet Pg. 265 5.G.c to purchase said assets , then Omnitrans shall be free to dispose of the same in accordance with Paragraph A above . c d (3) The parties hereto shall each pay their E w L respective appraisers , and in the event Q N L it is necessary to employ the third 3 0 appraiser, the parties shall equally °c W 0 share the cost . z Q SECTION 17. PARTIAL INVALIDITY . z O If any one or more of the terms , provisions , promises , d R covenants , or conditions of this Agreement shall to any ex- tent be adjudged invalid , unenforceable , void , or voidable for any reason whatsoever by a Court of competent juris- m diction: each and all of the remaining terms , provisions , E Q promises , covenants , and conditions of this Agreement shall N v not be affected thereby , and shall be valid and enforceable LO aD to the fullest extent permitted by law. 0 a c 0 c SECTION 1 $ . SUCCESSORS . m N This Agreement shall be binding upon and inure to the E benefit of the successors of the parties . m E Q w c W E Q -20- Packet Pg.266 5.G.c IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized , and their official seals to c be hereto affixed , as of the day and year first above written . E (D m L Q N COUNTY OF SAN BERNARDINO d Dated :— )7�.h -9 , /174 3 0 n. ATTEST: .o 6� "4 .vc. .. .______� m Z Clerk of the B r Chairman , Board of upervisors E- z 2 0 a� CITY OF CHINO M D a t e CT-:— ATTEST : Ci y Clerk Mayor d E Q �r N d CITY OF COLTON Dated : March 5, 1976 LO aD ATTEST : �� a City Clerk ayor m Y I_ CITY OF FONTANA Dated : March 9, 1976 a w A'I)-1- T: d f t n U LZ L co E ty C l e rk Mayor Q -21 - Packet Pg.267 /,f. CITY OF LOMA LINDA Dated : �P L L2-G<.4 f `7 ATTE T i t Clerk M,ayor E m d L Q N L d CITY OF MONTCLAIR 3 //• O Dated : la /' ,�� a 0 ATTES �4 . m 1h A Ci y Clerk Mayor i- z O -a R CITY OF ONTARIO Dated : i ' 7 /97� c ATTEST : y City Clerk � Mayor Q N CITY OF REDLANDS i CD Dated : a ATTEST: r o City C Yor 0° c m E c w CITY OF RIALTO a Dated : c I' { ATTES• i' E r U Ci, C erk Mayor -22- Packet Pg. 268 Dated CITY OF SAN BERNARDINO - �f r�: ., -,� �' ��.c/�; ATTEST: i ty Clerk f Aa � d L Q N L d 3 r", CITY OF UPLAND °a Dated ATTEST : y City Clerk^ Mayor z O m CITY OF RANCHO CUCAMONGA m Dated: n: ATTEST: c m v yo r , N d' r Ln G1 Dated: — ' 1 �"l9 C CITY OF GRAND TERRACE o ATTEST: _ m n lo?u L E ity Clerk Mayor�ri = a� E Y W E m V rated: April 26, 1988 CITY OF HIGHLAND Q ATTEST: -23- City Clerk Ma3kT Dennis Johnson Packet Pg. 269 5.G.c Dated: JUNE 6 , 1990 CITY OF YUCAIPA ATTEST: c �L1 ESLIE KEANE STRATTON, MAYOR GARY PITTS Q CITY CLERK N L w 3 0 n. _ Dated: JANUARY 8, 1992 CITY OF CHINO HILLS 0 m ATTEST: z Q < z 0 e O DENISE C. CATTERN, OR GWENN NO ON-PERRY DEPUTY CITY CLERK N v c .g m _ m E Q �r N d' r Lo C1 aY a 0 m m N _ d E C d E Q r.+ _ W E z U w Q 24 - Packet Pg.270 Exhibit A Page 1 of 3 ASSETS TO BE TRANSFERRED BY SAN BERNARDINO TRANSIT SYSTEM, THE CITIES OF COLTON, FONTANA, LOMA LINDA, REDLANDS, RIALTO, SAN BERNARDI41,10, AND THE COUNTY OF SAN BERNARDINO Cost/Value $ 260,409 Land, Structures & Improvements Bus Fleet 587,624 0 Service Vehicles a. 16,051 19,738 0 Shop Equipment 5,929 z Office Furniture and Equipment 19,600 z Radio Equipment 2 0 Fare Boxes $ W Total Cost/Value 920,001 W RECAP BY AGENCIES (D Amount E $ 46,093 Colton 2, 166 74� Fontana T- 11 ,914 LO Loma Linda CD 70,403 Redlands 0 50,726 Rialto 420,439 San Bernardino 318,260 E County $ 920,001 E W E NOTE: Minot adjustments to be made through 6/30/76 for additions, deletions, and depreciation. Packet Pg. 271 Page z of 3 . ® . LAND, STRUCTURES & IMPROVEMENTS 5th & f4uscott Site $ 220,909 Bus Benches (300) 9,000- Bus Shelters (12) 6,000 E 24,500 Bus Stop Signs (1 ,500 +) a $ 260,409 n. BUS FLEET Nur,.ar Year of Of Lus Unit t',). Make Model Manufacture Seats -_ z a 2 400-401 GMC TDX-3207 1947 32 $ 2,000 Z 1 403 GMC TDH-3207 1947 32 1,000 0 a 2 407-408 GMc TDH-3207 1947 32 2,000 N d 2 500-501 GMC TDH-3 1948 36 2,000 610 � c 1 5Q5 GIMC, TDH-3512 1949 36 1,000 CD 1 304 GMC TDH-3207 1951 31 1,000 E a 4 5101-5104 GMC TDH-5105 1953 . 51 16,000 N 4 300-303 GMC TGH-3102 1961 31 14,000 15 (1) 800-814 FLX 411-HD-Dl-l. A/C 1967 35 61,500 C 1 GMC 350 1973 18 7,500 0 5 100-104 MBZ 0309D 1974 19 114,405 m 109 173, 16 (2) 1000-1015 FLX 45102-8-1 1975 36 � 10 (3) 110,000 a 82,110 E 15 (4) a $587,624 CD CD • U • fSf w a f (1) UMTA Grant; 33% Paid by SBTS; Total $184,500 (2) UMTA Grant; 20% Paid by ,SBTS; Total $865,545 (3) UMTA Grant; 20% Paid by SBTS; Total $550,000 Packet Pg':272 ir ► rAII r .. 1 - 1'IW Dn4,4 t -, CRTC- Tn+al tARI.nnn . ,_. Page 3 of 3 SERVICE VENjICLE Year of Number Description Manufacture Cost/Value E a� 1 Chevrolet 1/2-ton pick-up, Appache 200 1959 $ 200 a 1 Ford Galaxie 4-door sedan, (390) 1967 700 3 0 a 1963 200 1 Ford 4-door sedan {300} � 0 1 Plymouth 4-door sedan (317) 1972 957 z 1 Ford Courier Compact Pick-up 1974 2,997 F 2 (1) Ford Maverick 4-door sedan 1975 1,685 0 1 (2) Truck with mounted hoist 9,312 $16,051 W a� •a d E (1) U14TA Grant; 20% Paid by SBTS; Total $8,426 a N (2) UMTA Grant; 20% Paid by SBTS; Total $45,225 T LO d GRANTS OUTSTANDING - ASSICNED TO Ot4NITRANS a o c UMTA CA-03-0093 (Portion) & CA-05-0006 (Portion) m H 9 New 35-foot diesel air-conditioned transit busses, less tires $117,328 E 1 New supervisory vehicle 1,076 E a 1 New bus washer 11,938 1-new bus vacuum 4,778 17 new registering fareboxes 7,926 a $143,046 Packet Pg.273 `des nor- inciwe Desert -/4/76 ASSETS TO BE TFRANSFER ED BY THE CO NTy OF SAN BER,�AMIW AND THE CITIES OF ClMlD, FONTANA, MD91 2AIR, a=i ONTARIO AND UPLAND E w TRANSIT ASSETS 4 f: N Purchase Price d 3 0 $ 410,107.64 a Bus Fleet r- 16,869.40 0 Attached Equipment 1,750.16 Z m Shop Equipment a Office & Misc. Equipment 30,936.41 $ 459,663.61 z O •a m ENTITY EE ITY N m $ 40,465.47 a Chino Fontana 27,924.27 -a a� Montclair 31,727.28 m 26,820.59 S Q Ontario San Bernardino County 299'082'97 N 33,643.03 upland $ 459,663.61 LO s, a. _ 0 m m N Y _ E Minor adjustments to made through 6/30/76 for additions, deletions, NC7I'E Q and depreciation. .r _ m S U f0 • . a+ r.+ • a Packet Pg.274 Page I of 4 Does Not Include Desert 2-4-76 • EXHIBIT B SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT BUS FLEET** YEAR OF PURCHASE E QTy. MAKE MODEL MANUFACTURE SEATS NUMBERS PRICE 16 Mercedes 0309D 1974 16 20700-20715 $ 368,837.60 1 Dodge Van 1974 16 20720 11,750.10 0 1 Dodge Van 1975 16 20722 13,340.10 (L 1617984 a 1 Dodge , . Van w/lift 1975 13 20800 -0) $ 410,107.64 Z(1) Sedans used ty Transit Superintendent, dispatchers and for driver switching, Plus F. pick-up truck for mechanic will be itemized at a future time when required number Z 2 determined. 0 ATTACHED EQUIPMENT (D PURCHASE DESCRIPTION, MAKE AND SERIAL # PRICE QTY_ 44 653 (D 5, . 16 Fuel Tank, 40-gallon $ "o 60 5 58 . CD 16 Air Conditioner, Rear 8, E I Wheel Chair -0- 19 Fare Box (Pine-o-matic) 2,630.36 16,869.40 LO SHOP EQUIPMENT 0 PURCHASE QTY_ DESCRIPTION, MAKE AND SERIAL # PRICE 25 First Aid Kit 548.96 (D E ,a 3 Tool Box 754.17 6 Fire Extinguisher 82.29 E 5 Snow Chains 122.66 16 Reflector 242.08 1,750.16 Page 2 of 4 Packet Pg.275 Does Not Include Desert — - 2-4-76 EXHIBIT B SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT OFFICE AND MISC. EQUIPMENT PURCHASE QTY. DESCRIPTION, MAKE AND SERIAL # PRICE a� $ 2,120.00 1 Camera, Polaroid a, 120.25 Q 24 Cash Box 2 Coin Counter and Sorter 1,636.64 0 99.74 °- 2 Tab Card File Cabinet c 109 Bus Bench 7,741.18 0 19,218.60 N 540 Bus Stop Sign z a $ 30,936.41 z 2 O AGREEMENT'S, LEASES TO BE GRANTS, ASSUMED BY OMNITRANS N a� c UMTA, CAPITAL 1974-75, No. CA-050005, SBd. Co. R UMTA, CAPITAL 1974-75, No. CA-050009, WVTSA c ***UMTA, OPERATING 1974-75, No. CA-054016, WVTSA E ***UMTA, OPERATING 1975-76, None Assigned, WVTSA a ***UMTA, OPERATING 1975-76, None Assigned, SBd. Co. N FHWA, DEMONSTRATION PROJECT 1975-76, SCH 750-70704, SBd. Co. i WVTSA, Transit Service Agreement d R Riverside County, Transit Service Agreement d c 0 c as m N d ** Operating Grants to be reimbursed to San Bernardino County E for advanced operating funds. c d E a c E U Q c • Page 3 of 4 Packet Pg.276 Does Not Include Desert 2-4-76 EXHIBIT B SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT SBD. CO. , EQUIPMENT LEASE PURCHASES TO BE ASSUMED BY OMNITRANS c d ' E a� m QTY. ITEM MONTHLY RATE � a N 4 Office Desk $ 96.00 m 3 2 Office Trailer 270.00 0 a r Filing Cabinet 25.00 0 2 0 -' 3 Desk Calculator 148.40 cn Z 3 Typewriter 127,62 H z 0 d ca N N C R d d E a N r LO fC a. a O C W m rn C d E d d E V ' r w ' a s Page 4 of 4 Packet Pg.'277 'Vrtrtl • W F-i-. 0 O n O O C7 O Ca O LO O O CD Ln C) n O O O O CQ LL•dam. un to to O C7 O Ca C3 C) n O al CD n to to al U•) LO to tri u; to Ur tx; to !n to U; tra et tsz uz trI v trl to LO, L) to 117 tri O _j vim, CC LL 0 a. sO r-+ E- _ x 000 3 _ = N ... to Z W~d co N c0 coo to co co co Cd cO 00 N c0 co 00 c0 tz? N co CX7 W � F— C� to 0 0 0 0 0 0 0 Cl o w o 0 0 0 o w o 0 0 3 =>d cry cr c4 c.•y c�s M c4 M M M M ct M th cri th M v M M M a. LLJ U> a cn 2:w V7 O a = _ _ _ _ _ _ - - - - - - 2 CL u O O O C7 0 O C? O O O O O C� C7 C7 O O C7 O O O to Or-' M N C/} lW 0- Lo w .= F-- s r" O 1 C F- W t-1 Z m LO 170 to cs co c) � C3 c o Co to ts0 co N �y tD N © C m (� .r O to to ct M to to to M to ct to Lo to ct u•1 r 0 to a" N 00 E O E- O Q m cn N N r d r N r CD d to cr co co tts N N tD 1--+ F-- to to N tYy to tL W to to r tD tp tD . - v CO N Q d cA t..y � > + W r LO 0.1 � O Im (D J m ate.. u- rn Ca Ca O o o d o 0 0 O o n O C7 C? O c7 C7 Ca cn a Z F- r U7 to CT n n rn rn co N N to O N r- v to n W Lo co C LLJ r O O N Lo n try cr to N r u7 CT1 N N n C? Ln tf1 Ct t _ to cn to to to n to to c•') N C' tN tD N r CT O to to r •� �! co- cn H O w E U- J a ul try O C d v n trf tty 1� try try LO n to Ln n d n n to •r M I c2• .-+L1_ 1 to C!1 1 { 1 1 i rl O to nt O n ^1 c (' (] tD I �— C� r n ,r C0 .. CD r lr) t N M r M N M # r Ln r 1 try N r trf to I to O I N) 1 1 A I I 1 C7 f ! I r O i = �-' w ct h I r C t M cry Q M r M ! M tt? r n n t D r M d O F- E cm in 'Q t Q v r w Q rs '� to w O S.. r.r "� +•h�t ¢w v_s O S- tn w In C 3 a N as In ++ E +c-3 •- (D C r G w •r- -4 T7 N (a •C7 S.. V r ¢ !C -14 r tlf rt3 O !6 O 1- > to C X U L i. •r r 'a iJ Cy r r S. s ry r O 0 a m m m oa m m v Packet Pg.278 Co cn 5.G.c q ux C) 0 0 0 0 0 o Ca o 0 0 0 0 0 0 0 0 0 0 0 o o Ln Ln Ln C) Ln L C) C) n Ln Lr) t0 Lt) U) U) o Ln Ln In LLI F-f Ln In Ln to In C) . U� t17 Ln t['S LCT Liz Lr) Ln t.n Lri Ln Ln Ln U) Lrs Ln Ln Ln Ln Ln In Ln Ln tn, u) LLI h L C cc ` 1-4 N t- c] S ~ fU to Cq - (D �--(.) CO N N co c0 co co co co co N CO CO CO c0 CC) co co 00 CO N N Q co tD LO C) C? C] CD O C> C D LL) Ca C) CD CD C) O O C) S LD LLJ O Ca LO � 4 M O M CL 0 to _ _ _ _ _ _ n K=1.UJ O d x =U-i LIJ Q rz o o p C> 0 O 0 C7 CD C)C) C) C3 0 0 o C) C7 0 0 0 0 0 0 0 0 M C/1) W aNi U- a- Qr LO W F— N F- O 1 ct o Lt3 CJ tD N LD d v LO M a3 W d �7 N N Lo tD d CO ct .— 1 1� Z Ct C� Cf1 C1 N M n M CT cf ct tf) N M La Q ( ) C to tl> LO U �^+ I C) to r N CO N CA N M d- 'n CV ct N C Cf� t1) N M rl: CN M Lp CD O F-- © Q Q N M r M Ln r Ln M Ln M LA -Zr Ln Lp Ln N r^ Ln' r- M CO tt7 n tT Q Ct: � I IJ w CD Ln W 1 - <^S _ p p O O C> C) C7 C� C7 O C3 C7 cc) Lo C7 O In O Cx C- O Ca Ca ct O aI ccc r) Ln M r Ct c.T M C- c4 � � r- � � Lt) M Co N i•. ,- CT C? t� t` d ct U) r- c7 LU ct Lo N to CT CO 1`. O r• c c? N yr p r- co .� r- U) N r C.7 uj M t0 M r-- M r Lrn C r- �-' O G In r- to r N N N ~ C d J f m O w E U- Q S M M C cy- r Z L ry t� n M r t!f M of to ST to to -::r C7 t; In �-+1!-• Y�. r Lt7 1 n to n t^`. 1+. r f�. r+. t'�. ti C� �" cfl 1 r 1 LO t t C"ko cD O 1 LL) , rn 1 r- 1 1 1 r;) n 1D co n o Ln A M N 0 I c0 N t Q I v Ln + o a� n _ w Q' r Ln N I r N i N r- N Ln r N CV r-• N I 1 r- 1 r- 1� N N N 0 Q 1 I 1 © 1 I r 1 ! ! 1 1 t I M L.n r- � to A to :Zr Ln r d Lf') r-- N I. r V• 4Y' tt7 t`. M to tt Q s O z UJI ca w Of Co CJ- 7 w IV w N .'.. w w Q 7 w Q Ln w w C -0 N et N+e5 C i i Ln >i> S- O O 0 4 r N _ O � (o 0 N LV!! 71 •r R1 t�3 fu tU t) C.) r0 N N N i N 8J C A t7 ro ro tv '- �_ = L Packet Pg. 279 x x x x x .•_ CQ U) d AUY-0 O O C) Ln O to 0 LO U) LO o C7 t o 4 0 t.n o Ct _ . w tf} O 117 n Ca n n N Ln C3 r- tn O L N to O to tr; >s7 to u i tC> trs tri eri V; NL 0 a. =0 E-4 tD F-I co tom• .� W N � Q X C3 uj q q N co q N c0 CO CO CO CO N CO CO N CO N CO N 00 O O O tD C7 CO tD Ca O O O O t0 O O tD O t . O to O Q > (+} M' cr M M er' M M M J A 7 Q r (n Z CC LU 3 uj 1 Q WQ °L .-• Ca o o Ca o O o o C) CD Ca o C7 CD CD O C7 C7 C> C,O d F— w c: r` n n n r- n M t''7 M C'7 M M MGM t"7��"7 M M M M M P') M M M M aNi CL c F y t O t.t.1 O -c CL' Z i •-* d CN t— 6 C C7 ( N ti? O N tY3 w co co CO CO O Cr tD CO to CO M O � N N t--- w r.•'1 z C` M Qy r., ct tC) �J to ct c! N ttS M ^? to to Lf 1 O in 0, E C:) p U-a N N q r q •" q cT q q M tt l N CO M ct to M N O Q CD 0 u7 to r-- cr' r- %D r r C' N Ln r•- "zt tD N V N a: __j ¢ QQ d w > U-i LO ry rY V d a z_ w 1; Q CD C) (a Ct o 0 o C) o CD o 0 0 0 o C) o o n C� c r.� Q,_ jY7 ►-+ O Cri N N N 117 N M N N er to CTS N n n t17 M O r O LJ 1 ~ p d O co N co N N N N n tD 4' N V' �' r• N O M = 1.[7 tD r N � N >— N N � N � N � M C"'t u'f Ql � Q m E O uJ c U- .i d Q S r, ko � u7 e17 to Q N IY? n t-I n U'7 n n d U7 n CO fl- tD eY to a et �"" n n <") 1 t *— ' t r•. 1 i n G1 n 1 tD n 1 n to fl- CD 0 ! 1 to n O tD O 1 O O 1 tD i O I t n I I t = a.. tD c1 t r N t N r-• N N LO I QO N O n r-- 117 O r (D M L f 1 N cr i i to i M 1 C r I.n N 1 r r-- ! r" � r E C] ;— 1 1 r O 1 CS 1 O O 1 t t O 1 1 � r d' tD r r-- n r-- ('� r— r n M Cf r to M r n tD (•7 U A r Q C) i>O Q l.1.! w C N c3 a v r� u► U- -J (U « i-t ,Q Or W ^ w « « « m :3: ^ rn a 4J (L) a, ..; o M (0 ro (u c� m a S_ Chi c, w +-t C aj •- E E E x S- .c +3 +� sn Packet Pg.280 -o E 3 E c .c o o (1) , o o 0 .-• s. - - o 0 o to u v E +J 3 !i. N '✓ N e/t r n e n r!+ r/� f n r n 4 f..-. 4,. v� can¢ Cl UJLD ui c0 ' 0 0 0 4n o 0 0 0 o c� U a to cn Lo r. tin to rn LO u1 0 LU \ LC; 4n LC C4 u1 Ln en 4n In 411 LL � toN aS0 Cd�. uj r- r-- - - M m p 1 Q i �.- S- S- Co Co N 1 Co CV CV 00 00 Co O <C j CD CO ca I Co .D 4D C) C� 0 CL C�'} t"7r cr r f"'S Cr cr M Cl; C4 J o d cn r Cn [tom t�1^f1' .x .�G = o - _ _ ❑ _ Z 1, 1 Z 0 m �C cn to 1 O 57- -0 Cl - i = _ - - - L.Li!— Cn 1 - _ _ _ Cu W 4J C7 0 1 O C7 CCO C3 0 C) 'r C/? LtJ LL- 0. ~ ? Lo W IBC H z N F- c = p 1 rt o to tt an ca " N 9.0 E CD t-- 0 t- �--+ 1--- < ,ten n o i v M o n ii akn � ¢ d Q r d � 2::y > T W T LL V LO LiJ C=) CQ Cn O d m cw, J u1 a. Q nw_ o V J Z ® Q V CD o � 4J C) �,©D L4J Co CO 1 m O CT ® (n to N t` 1 C• M t11 CO (71 411 N LSD M r Ln to 1 r f31 CV r-. 4n CO _J cn +�+ a c d o w E "a tL -j 4C)¢ E z � • a •.•w (D O sr CO r1 er to M r. r1 4n r� w o r. r- r. _ w W n tit tD r; r1 r- ri w Co Q1 E to r c*'f kO 411 ':T 4) Q tat Ca y w J o 04 o a Ci 4; ..a - *- rn CC sr O •.- c �, •-- 'a w .aL CL N +� i + t0 b tU d! G3 U t a Packet Pg.281 m O m to -W G •r L..) 41 r 0 r S- = -• L U :3 '� w Q w A LLILO w Ffc 1-<1-1 CI' o Cl ca O Co cis N 'o N ko cv L.)mss--j t) w w w m m N N N to N l0 t�D N LLJ .4 In U Et) C7 tO tD t0 LP tD L[) EI) tD t9 tY Cr.LL Ul) CL Z G? GO A A a, r r ri+ ... 1 1 E S S- Q N N Co CV N Co iV N Co Od CO 00 N d CD tp tD O to t0 O tD to C.) Ca CD CD tD O `Z Q ci -4 M d R7 M d ci M M M M ct tl LL'> M +- c J >1 -0 .>i n Cr-uj j a _ _ - - - _ _ - - - Q I - _ _ - _ LL CJ _ = W Q I— W Cr- cn o 0 0 0 a a O a 0 C 0 0 0 C M M m M M M M d C/7 W M t.s_ a- -o CIO ca Lit C Z 1 m C _ O 1 tT t0 C7 N tp tD N N T t7p tD CO 07 tC] _ l.Lf r-^f . M U) M tD M to t0 ll7 E GZl «-• O N r, tt> cU rn m r. C� IT cr ; rn Q 0 u-' O t` m CO to Ln t` to to c7 w tD J r-r F- O Q r N re _] <L<C CC L LJ > L L! LO 11) w CD .�. d o �Lj a z W LL ct E c <C al•-+ 0 cn Z F-- o c L 1.1 N C) C) C7 C) o a CD O o a C) C) o 00 CO CIJ G� • CO 1; CT M. Il M P� m w tD N O P ct tD W c? Co !� CO Ln mr N Ln En N --I Cn C) r N N Q r t0 C � d O ui E � c LL < N t1) Co m Lo C3' EP) Ln M E r ti7 t`-- r-- r h. to CD t` h. t`•. n tD � I I I t I 1 I I I Q tD I f to t0 C7 O I �' � I I *-- C7 Co r- C!t r. r. to 1.[) Ln r I L1� Ln w W .i r. t� En r. t%) t� M M En Q A t. c � Q C) :3 r Cl- S.- d i Q nn a�i Iso x - -r- ..- [y (_� U [U rt3 tJ ti. w -x t0 L" 0 N Li s. :� C[ � �: .a; � a�wi � � � < a. r i Q '? = tJ m L c } = w (C Q Q fin 1 .. w %ZZ Cu ~ Qom-_ 4J `Z. - .0 to fo N © tt! t .-, at Ct) "CJ In -� t7+ Ls1 C7 uj +' E rtl S- s o w °' �- Packet Pg.282 a. I>3 m CD S w � t--- C:) r- f�n cx ux,o °w F� Co o o C) C) O o Ln Ch o o cr d O c*) fn (W) CU U�*"{ el• tf' 'CY' d• +�• c!` 'd" CSJ t`+ N a ` o a � Cr_ Ix LL. 1 (D c- a. xo Q) coo . tD N c3 ♦ r Ul ra- t 3 3 C z d tq 'U Co N Co 00 Co Co Co N CU Co d j C) tD C) O o CD C) tD O O 30 CI; c+; ch cn m cr C4 rs a J = o w v> A �, >, �, >1 fn Qw z C 'r z CL U o W y (A yr cn w F-- W w Cn s S- C) ci o O O o O o o O N C� � � n s` t• r. t•.. t. r. r. e` r. � F- C!) f►� c+� M c*7 M r) r) LY) M C+� to W 'C3 ' � © r'•i O CD E Fes) H d Q o M to to to t� cn Ln Q J Q `'Z ko tin LLnn Lto M Cr) Ln m C14 v W E ? N v ` z W W CD Ln Of ¢ tl1 m dd LLJ LL =CCC E cn z W�` to w rn CN to rn C) C)° CD opt _ 0 QU cz� o cv rn cn CI; v C7 00 LIJ~ a) A ko LL? N r. tp Co Co J Cn Co Co `� `r Co � N c 0 ui � Z m Ln C) LO �• Q to r, r., ct r. r v 1� �-+ to Lr t1J Ln tD t� 1 t r, I r 1 1 Cri C0 I CIJ F 1 Ln N C\I N LD N Lt) tD 1 r 1 1 I 1 1 I 1- to rr- (� .- CAS to e# cf Co t0 f LL 1 W C f-- LL J t) fY. ;5 .�.. CI- V9 tTS r- O 0- K +a `-. u �'�' 1 'LLJ Packet Pg.283 i S.G.c 2/4/76 EXHIBIT D Does Not Include Desert SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT PERSONNEL TO BE TRANSFERRED FOR IN "OR`MICN PURPOSES E Administrative Leave Balance(D Accrual Rate 2 m Services Officer Ori inal < Dad of Sick Vacation sick Vacation Hourly� i Hire Leave Time Leave Time Rate o IL Name 3 0 Kay, Albert 5/14/62 603.96 224.02 3.70 6.15 $10.65 0 Salary anniversary date - 9/5/69 U) z z Transit Superintendent 2 O Pine, Alfred 9/05/52 960 320 3.70 7.69 9.20 d ca Salary anniversary date -- 4/28/75 CD 1Pz...,sit Technician = Q Croy, Melvin 11/7/68 213.94 24.16 3.70 4.62 6.53 a V N Salary anniversary date - 8/13/73 m c� a _ 0 m m N _ (D Accrued through 1/1/76. To be recalculated for 7/1/76. Vacation shcyvm as blank on pages 2-4 will be calculated as of 7/1/76. Q Projected County hourly rate as of 7/1/76. Q Per Pay Period. ¢ Page 1 of 5 Packet Pg..284 2/4/7 y EXHIBIT D Does Not Include Desert SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT PERSONNEL TO BE TRANSFERRED FOR INFORMA`,C`ION PURPOSES a� Leave Balance Q Accrual Rate ® E d Intermediate Clerk Typist Original d Date of Sick Vacation Sick Vacation Hourly Q Name Hire Leave Time Leave Time Rate N `m 3 Ecale, Janet L. 4/28/75 none 3.70 3.08 $3.71 ° 4/28/75 Wane 3.70 3.08 3.71 a. Latham, Joyce c Woodard, Melissa K. 6/30/75 none 3.70 3.08 3.71 0 z Q o: Laborer (part time) Z Bachelor, Richard 11/10/75 none none none none 2.59 0 Johnson, Allan W. 11/12/75 none none none none 2.59 N N C I—ector - Dispatcher ° CD Richard D. 1/20/75 none 3.70 3.08 5.30 Sharrit, Jimmie L. 3/31/75 none 3.70 3.08 5'30 E Q N Equipment Mechanic LO Stalker, Arland E. 2/10/75 none 3.70 3.48 5.66 y Ramo, Harry 3/24/75 none 3.70 3.08 5.66 a c 0 c m Cashier I 00 64 0)08 4. Cloud, Roger D. 7/01j75 none 3.70 3. E c a� E - Q w c d E U f6 r Q (� Accrued through l/l/76. To be recalculated for 7/1/76. vacation shown as blank on pages 2-4 will be calculated as of 7/l/76. ® Projected County hourly rate as of 7/1/76. Q Per Pay Period. Packet Pg.285 F5.G.c EXHIBIT D SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT PERSONNEL TO BE TRANSFERRED FOR INFORMATION PLUU:'OSES Coach Operators Leave Balance in Accrual Rate West Valley Division Original E(D Date of Sick Vacation Sick Vacation Hourly Name Hire Leave Time Leave. Time Rate < Burke, Morris E. 3/17/75 none 3.70 3.08 $5.00 Q 31 0 IL Claasen, Glenda G. 3/17/75 none 3.70 3.08 5.00 E 0 Col.e, Paul B. 3/03/75 none 3.70 3.08 5.00 u) Z Herrerra, Rudolfo 2/10/75 none 3.70 3.08 5.00 Z O'Haver, Gary C. 3/03/75 none 3.70 3.08 5.00 2 0 Patterson, Hattie L. 6/17/75 none 3.70 3.08 5.00 (D Rodriquez, Bonnie L. 3/20/75 none 3.70 3.08 5.00 w irka, Annamae 2/10/75 none 3.70 3.08 5.00 10 (D ,Tnompson, Ronald M. 2/10/75 none 3.70 3.08 5.00 (D E Turner, Mary F. 7/15/75 none 3.70 3.08 5.00 4 1* C14 Vasquez, Philip L. 12/8/75 none 3.70 3.08 5.00 Venegas, Gloria J. 5/06/75 none 3.70 3.08 5.00 LO (D Whitford, Marilyn 10/2/75 none 3.70 3.08 5.00 (L a 0 Wright, Merle D. none 3.70 3.08 5.00 E- Cn E E a E CD Accrued through 1/1/76. To be recalculated for 7/1P6. Vacation shown as blank on pages 2-4 win be calculated as of 7/1/76. 0 Projected County hourly rate as of 7/1/76- (3) Per Pay Period. Packet Pg.286 nano I of q + EXHIBIT D SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT PERI;ONNEL TO BE TRANSYFRRF_h w FOR INMRM.PTION PUFa>OSES Coach Operators Leave Balance Accrual Rate 2� Metro Division original Date of Sick. Vacation Sick Vacation Hour l; m Name Hire Leave Time Leave Time Rate ` Q Alcarez, Bennie J. 11/24/75 none r 3.70 3.08 $5.00, 3 Basini, Bernard 3/03/75 none 3.70 3.08 5.00 a Ferrin, Franklin A. 9/04/75 none 3.70 3.08 5.00 Gant, Lawrence 0. 2/10/75 none 3.70 3.08 5.00 Q N Go]ston, Ella L. 10/6/75 none 3.70 3.08 5.00 z O Roberson, Frances M. 2/10/75 none 3.70 3.08 5.00 0 M Whitten, Philip E. 3/03/75 none 3.70 3.08 5.00 m _ .,ch Operators c Redlands/Yucaipa Division d Cooper, Barbara A. 1/13/75 none 3.70 3.08 5.00 Q N Hunt, Duaine 1/13/75 none 3.70 3.08 5.00 y Irwin, Francis B. 3/03/75 none 3.70 3.08 5.00 R Jordon, Thomas A. 1/13/75 none 3.70 3.08 S.00 0 Laurie, Shannon R. 2/10/75 none 3.70 3.08 5.oc m Little, Thomas L. Sr. 9/04/75 none 3.70 3.08 5.0c N m Neely, Margaret E. 7/15/75 none 3.70 3.08 S.00 -0 C Neumann, Rudolph W. 7/15/75 none 3.70 3.08 5.00 E Q 3.70 3.08 5.00 c Parker, Bob J. 3/03/75 none m E While, Charles L. 3/17/75 none 3.70 3.08 5.00 w (� Accrued through.1/1/76. To be recalculated for 7/1/76. Vacation shown Q as blank on pages 2-4 will be calculated as of 7/1/76. Projected county hourly rate as of 7/1/76. Per Pay Period. Packet Pg. 287 Page 4 of 5 2/4/ ... EXHIBIT D Does Not Include. Desert SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT PERSONNEL TO BE TRANSFERRED _ m E w d MONTHLY RATES Q N _ L A B C D E o CL _ Laborer _ 427 449 471 495 519 0 N 587 616 647 679 Z 559 Driver `t H Intermediate Clerk Typist 580 613 643 675 708 z O Cashier I 731 767 805 845 887 -a d ca Coach Operator 779 823 866 909 952 of 918 961 1004 -0 831 875 Inspector/Dispatcher = Equipment Mechanic 882 932 980 1029 1007 . _ Transit Technician 931 978 1027 1078 1132 m a Transit Superintendent 1145 1518 1594 1674 1758 N v Administrative Services Officer 1518 1594 1674 1758 1846 r LO m a� ca a. _ 0 _ d m c a� E m E Q _ a� E U w • Q • i J Packet Pg.288 A . . § ' Ea C14 � . . w § 0 z k � \ o \ w o � ¥ o . Q / \ < N � 8 2 « | E 2 | R | $ � _ . ; U-t - F4 . D n o q § ' A \ E �z \cn i o (D 7 a § S . m f . E 3 k o E . . . \ / \ R� « \ \ / 04 / cn E in a / 04 J < \ B . Packet Pg. 2$ AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN. BERNARDINO AND THE CITIES OF CHINO , COLTON , FONTANA, LOMA LINDA , MONTCLAIR, ONTARIO , RANCHO CUCAMONGA, REDLANDS , RIALTO , SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE, TRANSPORTATION AUTHORITY TO BE KNOWN AS "OMNITRANS". m m L THIS AGREEMENT AMENDMENT , dated for convenience on the lst L d day of December , 1978 , is entered into by and between the COUNTY OF c o. SAN BERNARDINO and the CITIES OF CHINO , COLTON , FONTANA, LOMA LINDA, _ 0 MONTCLAIR , ONTARIO , RANCHO CUCAMONGA, REDLANDS , RIALTO , SAN BERNARDINO z Q and UPLAND , all of which are bodies politic in the State of California . z 0 W I T N E S S E T H : m N WHEREAS , the parties forming OMNITRANS , a joint powers c authority , desire to amend the OMNITRANS ' Joint Powers Agreement to v (D %W provide that appointed alternate members of the Board of Directors c d E may be either elected or non-elected officials of the member agencies a N of OMNITRANS ; and LO WHEREAS , this amendment will provide for the efficient a operation of OMNITRANS ; o c d NOW, THEREFORE , the parties to the OMNITRANS ' Joint Powers m r c Agreement agree as follows : m E c d I . Section 3 . A. of the OMNITRANS ' Joint Powers Agreement dated Q w c March 8 , 1976 is hereby amended to read as follows : E co r "SECTION 3 . GOVERNING BOARD. Q A. Membership . The Authority (OMNITRAN5) shall be administered Packet Pg.290 by a Board of Directors . The membership of the Board of Directors shall consist of an officially designated Mayor or Council Member from each member City and all five Supervisors of the County 0 ' / � � of San Bernardino. Each member of the Board may � ^� appoint an alternate to serve in his or her absence ' An alternate may be either an elected d[ or non-elected official of the member agency of the 0-, ' Director that appointed the alternate . Alternates shall serve for the time period designated by the Z 0 Board Member that appointed them. Alternates shall serve in an official capacity and be entitled to vote only in the absence of the official representatives . " -o m 2 . All other provisions of the OMN |TKANS / Joint Powers Agreement shall remain in full force and effect . IN WITNESS WHEREOF , the parties hereto have caused this -- LO Agreement Amendment to be executed and attested by their proper _ a. officers thereunto duly authorized , an of the day and year first c � above written . :b COUNTY OF SAN BERNARD ( NQ ATTEST : C �5 CITY OF CHI NO ATTEST: ' -2- Packet Pg.291 .. Dated : �.G /�_ CITY OF COLTON ATTEST : City Clerk Mayor c d Dated : •r J y', /; !f CITY OF FONTANA A T T E�S,T :V Q `•`City Clerk May 'r o 0 a. c Dated • CITY OF LOMA LINDA U) ATTEST : a REJECTED DLARCH 27, 1979 City Clerk Mayor z O j , e "�r CITY OF MONTCLAIR CD Dated t,^.il'��' c.<....., -✓ 1 � Y =, = N ATTEST:J G{...7 City' 'Clerk Mayor m CITY OF ONTARIO E ATTE-SST r.k Mayor Ln a� Dated : CITY OF RANCHO CUCAMONGA a. a ATT T: City,. Clerk' r M yo 00 E Dated : ' ? ;. y7 i CITY REDLA S "a c ! aci ATTEST; g :-�� / J Q C i ty Cl erk 4 r ` Mayor �7 U R w+ Dated : ."i "ri. a.h° / �/ r'y CITY OF RIALTO Q ATTIST: lj T Ci ty C I e m: _ �.c f h4ay v , -3- Packet Pg. 292 uaLed : CITY OF SAN BERNARDiNO ATTEST: " TABL.IED ?`LATTER JANUARY 22, 1979 City Clerk Mayor c m Dated : " i-�. -"� CITY Qi UPLAND � d AT-T-F—S T Q t Citry Clerk Mayor 3 0 o. r c 0 m z a z 0 AF A a c m m c (D E Q N d' T LO W tm cu a c 0 c d m N w ' C E 'a C E a E s U t0 w Q Packet Pg.293 A 4 5.G.c . �YY1�►'1�wlr✓; I I�,)s�. AMENDMENT TO Adpwk JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORTATION AUTHORITY TO BE KNOWN AS "OMNITRANS" . E Q d L Q THIS AGREEMENT AMENDMENT, dated for convenience on the lst i day of October, 1979, is entered into by and between the County of o SAN BERNARDINO and the CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, r- LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, -°, U) SAN BERNARDINO and UPLAND, all of which are bodies politic in the zz State of California. z O W I T N E S S E T H: ca WHEREAS, the parties forming OMNITRANS, a joint powers authority, desire to amend the OMNITRANS Joint Powers Agreement to CU provide for merging of seniority rights of the East End and Metro _ operating divisions; and E Q WHEREAS, this amendment will provide for the efficient operation of OMNITRANS; LO a� rn NOW, THEREFORE, the parties to the 011NITRANS Joint Powers a _ Agreement agree as follows : c m M 1. Section 10.C. of the OMNITRANS Joint Powers Agreement c dated March 8, 1976 is hereby amended, effective November 1, 1979, to read as follows: d E a w "Section 10- C. (D E Employees. s Within the period provided in Subparagraph. A y Q (120 days) , and prior to initiating public transportation service, OMNITRANS shall offer employment to, and shall accept the employment of, the public transportation system Page 1 of 4 Packet Pg.294 employees of San Bernardino Transit System and the San Bernardino County Department of Transportation, Public Transit Division, which employees are identi- fied in Exhibits "C" and "D" . Exhibits "C" and "D" d are structured to identify the employees as of the d d actual date of OMNITRANS takeover of transportation c, service. The employment offered by OILNITRANS to L d each designated transportation system employee shall c a be of substantially the same kind and level as the em- r_ 0 ployment presently enjoyed by the employee. Salary and fringe benefits shall be provided to the fullest a extent possible at the current level offered by San z Bernardino Transit System. 2 014INITRANS employees' seniority rights are appli- m 4) cable only within those operating divisions to which N they are assigned except that effective November 1, 1979 , the East End and Metro operating divisions shall = be merged and treated as one (1) division for purposes D of seniority rights determinations . 01INITRANS manage- d E ment may transfer an employee between divisions, and the a employee may maintain seniority rights, subject to the S approval of the OMNITRANS Board. r Employment by OMNITRANS of the pubic transporta- a� tion service employees of San Bernardino Transit System a _ or the San Bernardino County Department of Transporta- 0 tion, Public Transit Division, shall be undertaken and m accepted in conformance with any rules or restrictions C imposed by the provision of existing public transporta- E tion grant contracts. " a E a 2. All other provisions of the OMNITRANS Joint Powers w Agreement shall remain in full force and effect. �o r w a IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment to be executed and attested by their proper Page 2 of 4 Packet,Pg.295 )fficers thereunto duly authorized as of the day and year first above written. Dated: JUN-2 3 1980 COUNTY OF SAN BERNARDINO c a� ATTEST: m d Q Jerk of t'iioard C a an e B S d of Supervisors L-te" ° d Dated: `J� CITY OF CHINO o ,•. AT�i ST: Z City Clerk May r o ° ° N Dated: -7-g4 CITY OF COLTON W c ATTEST: f° E Y or E City Clerk Na N d' Dated•• CITY OF FONTANA T TTY. T: a, City Clerk Mayor ° c m N Dated: �.�.11,11,7: CITY OF GRAND TERRACE d E A HST: w City Cllr May U a� Dated: 1 CITY OF LOMA LINDA a ATTEST: Cyty Clem. r Page 3 of 4 Packet Pg.296 Dated: /` CITY OF MONTCLAIR ATTEST: h 41OA4 City/Clerk Mayor c m E (D d Dated: 4 7- ef0 CITY OF ONTARIO Q N ATTEST: } `m ' 3 City Clerk Mayor o N z Dated: ,7 0 ` / ! � CITY OF RANCHO CU=.IONGA .--� 2 ATTEST: O m �CTtj.oelerk LIZ Dated: - CITY OF REDLANDS _ m ATTEST: a N Ma or City � Y U) as c� Dated: ,� /�i� CITY/Q'-P-, RIALTO o _ ATT T: Ii Ci y Clerk Mayor E m CITY OF SAN BERNARDINO a _ ATTEST: E w t Clerk y Q Dated �„ � CITY OF UPLAND TEST: City tiS 4mv j AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE IV COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO , COLTON , FONTANA, GRAND TERRACE , LOMA LINDA , MONTCLAIR, ONTARIO , RANCHO CUCAMONGA , REDLANDS , RIALTO , SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORATION AUTHORITY TO BE KNOWN AS "OMNITRANS" . E as d L THIS AGREEMENT AMENDMENT , dated for convenience on the Ist y L day of September , 1980 , is entered into by and between the COUNTY OF 0 0. SAN BERNARDINO and the CITIES OF CHINO , COLTON , FONTANA , GRAND TERRACE , c LOMA LINDA, MONTCLAIR, ONTARIO , RANCHO CUCAMONGA , REDLANDS , RIALTO , :o SAN BERNARDINO and UPLAND, all of which are bodies politic in the State z a of California. z 2 O W I T N E S S E T H : -o N WHEREAS , the parties forming OMNITRANS , a joint powers authority W a -iesire to amend the OMNITRANS Joint Powers Agreement to provide for count 141 County representatives on the Board of Directors . as one for the purpose -�00 of establishing a quorum for meetings of the Board of Directors ; and Q WHEREAS , this Amendment will provide for the efficient operation v of OMNITRANS ; m c� NOW, THEREFORE , the parties to the OMNITRANS Joint Powers ' _ 0 Agreement agree as follows : _ d m 1 . Section 3. B. of the OMNITRANS Joint Powers Agreement dated N c a� March 8 , 1976 is hereby amended , effective upon approval E of this Amendment by all member agencies of OMNITRANS , to read as follows : Q a� E "Section 3. B. U �a w w V o t i n Q Each member of the Board of Directors shall have one vote , provided , however , that upon the call of any Board member , a weighted voting shall be used which Page l of 4 Packet Pg.298 entitles each member agency to one additional vote for to the each $5 , 000 of capital asset value ( rounded 10 nearest 5 , 000) contributed to OMNITRANS in the name of the member agency as of the preceding June 30 or December 31 . Total capital asset value contributed by each member less depreciation shall be computed by the Controller designated in Section 3. D. of this Agreement will control in determining and such computation weighted votes. The weighted votes to which the County is entitled shall be divided equally among those 0 Q. Supervisors present. The weighted votes of any single representative shall not be split . The weighted voting "n Cn of any single member agency shalA not of itself , con- stitute a majority vote. A quorum shall consist of a majority of the membership of the Board of Directors , 0 except that all County representatives on - the Board of rpose of Directors shall be counted as one for the pu CD um. Less than a quorum may adjourn from time to time- All actions taken by the Board shall CD req-uire a majority vote of the members prese quorum in attendance, provided , ho ' that adoption E of By- laws , Amendment of By- laws , adoption of an annual Nt such other matters as the Board may designate budget and shall require a majority vote of the entire membership of the Board (majority of total weighted votes of all parties if weighted voting is called for ) . An abstention" an affirmative nor a negative shall be considered neither the member abstaining shall be . vote , but the presence of t there is a quorum counted in determining whether or no (D in attendance. " ' All other provisions of' the QMNITRAN5 Joint Powers Agreement 2- » as amended shall remain in full force and effect ' � IN WITNESS WHEREOF , the parries hereto have caused this Agreemen < `� endmant to be executed and attested by their proper officers thereunto Page 2 of 4 Packet Pg. 299 l duly authorized as of the day and year first above written . : Nov 1 1980 COUNTY OF SAN BERNARDINO 4ted ATTES J. C erk of the Board hairman y Board of Supervisors m L . Q Dated : a2� CITY OF C©ETON L 3 ATTEST : 0 a. City C erk Mayor o D a t e d : CITY OF CHINO: ATTEST: ~ 0 City Clerk yor m r CITY OF FONTANA D'ated : m T ST : a ty Clerk Mayor d c a� r E Dated :_ l/'" jG .' rJ CITY OF GRAND TERRA E a . � N ATsE51 :. / Mayor LO City ! erk CD a� < CITY OF LOMA LINDA a. Da t e d _ 0 ATTES _ co City Clerk Mayor c a� E C/ CITY OF MONTCLAIR C D a t e d °' E ATTEST: Q Za C i ty; Cl erk Y �M, U Dated . CITY OF ONTARIO Q 'C t' :.,h.,� _� f 9�/ f'1 LATEST : City- Clerk Mayor Page 3 of 4 Packet Pg. 300 t { U CITY OF RANCHO CUCAMONGA Da ted ' 1 ty Clerk or r m ,� �� CITY OF -I�EDLANDS E Dated : ,� --,, ATTEST: Q a y t5 r '� 3 City o F a. 0 CITY OF RIALTO Cn Dated: Q ATT T: t / z C ' y Gi Mayor O m a *OF SAN BERNAR -a Dated : ?�� _ 'EST: d E City Clerk Q N d' Dated : �.c4 �-�� CITY OF UPLAND Ln a� TTEST: a 1�for ° City Clerk . _ m • c m E c m E Q s c CD E U r _ Q Page of Packet Pg.301 AGREEMENT W, 76-108 A-4 AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORTATION AUTHORITY TO BE KNOWN AS "OMNITRANS" as E THIS AGREEMENT AMENDMENT, dated for convenience on the 1st day of October, 1984, is entered into by and between the 0 COUNTY OF SAN BERNARDINO and the CITIES of CHINO, COLTON, FONTANA, GRAND TERRACEr LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO 0 n CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO and UPLAND, all of U) z 4 which are bodies politic in the State of California. z 5; W I T N E S S E T H: 0 WHEREAS, the parties forming OMNITRANS, a joint powers authority, desire to amend the OMNITRANS Joint Powers Agreement to provide for changes to the calculation of weighted vote entitlements of member agencies of OMNITRANS; map NOW, THEREFORE, the parties to the OMNITRANS Joint (D Powers Agreement agree as follows: E 1. Section 3.B. of the OMNITRANS Joint Powers Agreement dated March 8, 1976 is hereby amended, effective upon approval of this Amendment by all member agencies of OMNITRANS, to read as (D follows : 0- r- 0 "Section 3.B. .Voting. Each member of the Board of Directors shall E have one vote, provided, however, that upon the call of any Board member, a weighted voting shall E be used with weighted votes calculated as follows: CD Weighted vote entitlements shall be calculated E based upon population. Each member agency shall receive one vote for each one percent (1%) of the total population of the OMNITRANS service area that Now" resides within the member agency's jurisdictional Page 1 of 5 I Packet Pg.302 area. If the population percentage computation of a member agency results in a partial vote, the weighted vote calculation shall be made by rounding upward for population calculations of one-half percent (1/2%) or more, and rounding downward for E population calculations of less than one-half percent (1/2%) except that no member agency shall have less than one vote when weighted voting I- U) (D 3: occurs. The Controller shall compute the weighted 0 0. 41 vote entitlement for each member agency as of the ,r_ 0 preceding July lst based on the most recent Z Department of Finance Population Statements. The entitlement for the County of San Bernardino shall be determined by utilizing the most recent County 0 Planning Department information indicating the percentage of unincorporated population of the County residing within the service area of Omnitrans. In the event that the "off the top" funding method first approved by the Omnitrans Board of Directors for the 1983-84 fiscal year is E no longer used by Omnitrans, then weighted voting N entitlements shall thereafter be calculated in the manner that existed prior to this Amendment tc the LO Omnitrans Joint Powers Agreement. CL 0 Weighted vote entitlements of each member S 0) agency shall be computed by the Controller (D designated in Section 3.D, of this agreement and E such computations will control in determining weighted votes. The weighted votes to which the E Count y is entitled shall be divided equally among C Q those Supervisors present. The weighted votes of E any single representative shall not be split. The weighted voting of any single member agency shall < not, of itself, constitute a majority vote. A quorum shall consist of a majority of the Page 2 of 5 Packet Pg. 303 membership of the Board of Directors, except that all County representatives on the Board of Directors shall be counted as one for the purpose of establishing a quorum. Less than a quorum may adjourn from time to time. All actions taken by the Board shall require a majority vote of the E members present, with a quorum in attendance, provided, however, that adoption of By-laws, Amendment of By-laws, adoption of an annual budget 0 a. and such other matters as the Board may designate 0 shall require a majority vote of the entire (n membership of the Board (majority of total weighted Z votes of all parties if weighted voting is called L_ Z for) . An abstention shall be considered neither an 0 M affirmative nor a negative vote, but the presence of the member abstaining shall he counted in (D determining whether or not there is a quorum in attendance. " CU 2. All other provisions of the Omnitrans Joint Powers E Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment to be executed and attested by their proper LO officers thereunto duly authorized as of the date and year first 0)CD CU above written. 0 A Dated: UG 19 19S5 COUNT OF SAN BERNARDINO ATTEST E Clerk of the Board liairman,_ Board of Supervisors E "J h Wai rl6a:2n�. Dated: CITY OF CHINO CD ATTEST: C� � < City Clerk ayor Page 3 of 5 Packet Pg.'304 Dated: /a2-S» ?.,/ CITY OF COLTON AT__� City Clerk Mayor _ w E Dated: 02`� .,� QITY OF FONTA A Q N AT d Aw O City 1 er rya o 0 U) z Dated: ctber 29, 1984 CITY OF GRAND TE RA E ATTEST: 2 City Clerk Ma r m (D Dated: February 12, 1985 CITY OF LOMA LINDA v ATT T: � .City Clerk eputy) V Mayor Q N CITY OF MONTCLAIR r u� a� A 7/: ra �-� . _ City C3 k Mayor ° _ a� m Dated: 2". �! CITY OF ONTARIO o E E City Clerk- (� Mayor a Y _ E U Dated: 3_ / J2 CITY OF RANCHO CUCAMONGA Q &T,TEST: ,p pa.Jz ��-'t-i--y-, to City Clerk Mayor Page 4 of 5 Packet Pg. 305 Dated: 1-5"- CITY OF REDLANDS ATTEST: City Clar k vu Mayor 4ATTE �((, CITY OF RIALTO E Mayor � 3 0 CL Dated: CITY OF SAN BERNARDINO o ATTEST: z City Jerk yGr z 0 Dated: c4N �� . ` CI F L ai TTEST: R ty Clerk /Ma tor (D c V- (D E ' Q N d• r Ln CD • f0 _ O tm d m N _ d E _ d E Q r-% _ d E 0 t0 w .r Q Page 5 of 5 Packet Pg.306 AMENDMENT TO JOINT POWERS AGREEMENT mETWEEN THE COUNTY OF SAN 'BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUC_AAONGA, REDLANDS , RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORTATION AUTHORITY TO BE KNOWN AS nOMNI TRANS" E THIS AGREEMENT AMENDMENT, dated for convenience on the lat day of October, 1983, is entered, into by and between the COUNTY OF SAN BERNARDINO and the CITIES of CHINO, COLTON, 0 FONTANA, GRAND TERRACE , LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO 0 CUCAMONGA, RED DS, RIALTO, SAN BERNARDINO and UPLAND, all of z which are bodies politic in the State of California. z 15; W T. T N E S S E T H: 0 WHEREAS , the parties forming OMNITRANS , a joint powers 2 authority, desire to amend the OMNITRANS Joint Powers Agreement (D to provide for the General Manager to be the Treasurer of Omnitrans and for the Director of Accounting to be the Controller of Omnitrans; NOW, THEREFORE , the parties to the OYINITRANS Joint E Powers Agreement agree as follows: N 1. Section 3.0. of the OMNITRANS Joint Powers Agreement dated March 8, 1976 is hereby amended, effective upon approval of 0)(D this Amendment by all member agencies of OMNITPANS , to read as CU follows: 0 C "Section 3.D. Officers.. The Board shall select a Chairman, a Vice E Chairman, and other necessary officials . The Secretary shall be the General Manager of E Omnitrans. The Treasurer of the Authority shall be the General Manager of Omnitrans who < shall be the depositary and have custody of all money of the Authority from whatever sources. Omnitrans ' Director of Accounting Page I of 4 Packet Pg. 307 shall be the Controller of the Authority and shall draw all warrants to pay demands against the Authority. The Attorney for the Authority shall be designated by the Board. The public officers or persons who have charge ofr handle E or have access to any property of the Q Authority shall file an official bond in accordance with Section 6505.1 of the 0 California Government Code.. The Authority 0- shall have the authority to appoint or employ 0 such other officers, employees , consultants, Z advisors, and independent contractors as it may deem necessary. " Z 0 2. All other provisions of the Omnitrans Joint Powers (n Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment to be executed and attested by their proper officers thereunto duly authorized as of the date and year first E above written. Cq 1* 7T. Dated: NOV 0 4 1985 COUNTY OF' —, -rTRDINO T- LO ATTES T M a. 0 )eputy Clerk o� t'�?6�nazd ice-Chairman, Board of Supervisors C ROBERT L. HAMMOCK 0) (D Go (n Dated : CITY OF CHINO E ATTEST: E AA/W < City Cle/rk —C7 - ----yayor E Dated : OCTOBER 1, 1985 CITY OF TON < ATTEST: NANO City Clerk Mayor Packet Pg. 308 Dated: mac` 7, CITY OF FONTANA Alt,& City L' eri Mayo ^ r E Dated: October 29,, 1984 CITY OF GRANT} 7TEP41ACE Q N ATTEST: as a City ClerkMa C)r 0 m z a Dated: February 12, 198,5 CITY OF LOMA LINDA � A T. z 0 City Clerk D uty) Mayor N as DaterT. / /sf,� � CITY OF MONTCLAIR f D AST E City r: r Mayor Q �t N Dated: CITY OF ONTARIO a 5 ATTE` :� o City Clerk Mayor d m Dated : t ; < . , { ', ! !�" -� CITY OF RANCHO CUCAMONGA E ATTEST: City Clerk Mayor d E u Dated: October 2, 1984 CITY OF REDLANDS a ATTEST. i City C Yerk Mayor Page 3 of 4 Packet Pg.309 Dated: November 19, 1954 CITY OF RIALTO ATTEST,,// City,.C'.lerk / Mayor c d Dated: oCTOg �R 15 - 198A CITY: OF .SAN BERN 0 L ATTES;1'i: City erk Mak or o CL c 0 Dated: c�,� 1Q�,�+r- CITY OF UPLAND cn z d z City Clerk Mayor o a� a c �a a� c d E N d' r to d R d. r- 0 C O m N C O E C d E d w E r d Page 4 of 4 Packet Pg.310 ■ r.r�r 5.G.c AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO,, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORTATION AUTHORITY a TO BE KNOWN AS "OMNITRANS" // L THIS AGREEMENT AMENDMENT, dated for convenience on the a L lst day of September, 1984, is entered into by and between the 0 COUNTY OF SAN BERNARDINO and the CITIES of CHINO, COLTON, c FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO 0 CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO and UPLAND, all of z which are bodies politic in the State of California. z 2 W I T N E S S E T H: a� WHEREAS, the parties forming OMNITRANS, a joint powers c y authority, desire to amend the OMNITRANS Joint Powers Agreement CD to revise the provisions concerning seniority rights; NOW, THEREFORE, the parties to the OMNITRANS Joint Powers Agreement agree as follows: Q 1. Section 10.C. of the OMNITRANS Joint Powers Agreement Q dated March 8, 1976 is hereby amended, effective upon approval of N this Amendment by- all member agencies of OMNITRANS, to read as T follows: y c� a "Section 10.C. 0 Employee Seniority Rights Omnitrans management may transfer employees between divisions, and any seniority rights of employees shall be as approved by � d the Board of Directors or as set forth in any ¢ applicable memorandum of understanding. " a� S - s 2. All other provisions of the Omnitrans Joint Powers c Agreement, as amended, shall remain in full force and effect. Q IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment to be executed and attested by their proper Page 1 of 3 Packet Pg. 311 ozL.L�cLs thereunto duly authorized as of the date and year first above written. Dated: MAR 3 11986 COUNTY OF S.4W DINO d E am L Cl rk a Board ePu Chairman, Boar of upe isors a Robert ,L. Hammock L d 3 0 0. Dated: Q�t,< 71 CITY OF CHINO c 0 ATTEST: �� `L /Ji N Z City Clerk "---(Payor a Z 2 0 Dated: /d -!I- S'S CITY OF COLTON d ATE W City Clerk Mayor a� d Dated: CITY OF FONTANA _ a 4 TTE R v City Clerk Ma7p7 LO a� 0 Dated: CITY OF GRAND TERRACE ° c ATTEST> m Der)ut.y City C er k M r a� E Dated: February 12, 1985 CITY OF LOMA LINDA Q AT ST: Jd' City Clerk ( uty) Mayor Q Page 2 of 3 Packet Pg.312 Dated• CITY OF MONTCLAIR A '1` City C` k Mayor a� E a� � d Dated: i9ej-- CITY OF ONTARIO c' ATTE 3 a City Clerk Mayor c 0 Cn z Dated: ' ) ` '` CITY OF RANCHO CUCAMONGA w z ATTEST: p City Clerk Mayor S N Dated: 66.6 )41 /9 CITY OF REDLANDS = �a d ATTEST: t City C e k ` Mayor Q Dated: 77 5� CITY OF RIALTO ATT , {� n C-- Aeielw�e Ci ey C e r k Mao a 0 c Dated: � CITY OF SAN BERNARDINO m ATTEST: _ /+ E City-'Clerk 'M o = if c Dated: �,. ��1$�' CITY U D U TEST: ity Clerk M or Page 3 of Packet;Pg.313 =iww�ir ATTACHMENT 2 DRAFT REDLINED COPY Text in Red-First draft presented to Executive Committee Meeting-June 5.2015 Text in italics(Blue)-Edits based on Executive Committee comments of.hine 5,2115 7eyt in italics(Green)Edits based on Executive Committee continents gf.4ugust i,2015. 4) ar P Ar41ENDED,4AD RF.579TED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO,CII_I_N0 HILLS COLTON, Comment[Tl]:Joined January 8,1992 Q FONTANA,GRAND TERRACE,I11GHLAND.LOMA LINDA,MONTCLAIR,ONTARIO, Comment[T2]:Joined April 26,1988 `m RANCHO CUCAMONGA,REDLANDS,RIALTO,SAN BERNARDINO AND-UPLAND, 3 - - - AND VV CAI CREATING A COUNTY WIDE TRANSPORTATION AUTHORITY TO BE Comment[T3]:Joined June 6,1990 CL KNOWN AS"OMNITRANS". c O THIS AGREEMENT, originallv dated for convenience on the 8`h day of March, U) 1976,is hereby amended and restated on 2016,is entered into by and between the Q w COUNTY OF SAN BERNARDINO and the Cities of CHINO, C 1iINO S3Ii LS COLTON, Z FONTANA, GRAND TERRACE, IIIGHLAND, LOMA LINDA, MONTCLAIR, ONTARIO, O RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO, a*d-UPLAND and -a m YUCA.IPA,all of which are bodies politic in the STATE OF CALIFORNIA; N m WITNESSETH: ° c m WHEREAS, the County of San Bernardino (hereinafter sometimes referred to as � "County") and the Cities of Chino, Chino s _Hills`Colton, Fontana, Grand Terrace, Highland. Loma E Q Linda, Montclair, Ontario, Rancho Cucamonga,Redlands, Rialto, San Bernardino,and-Upland, and Yucaipa(hereinafter sometimes referred to as "Cities")have a mutual interest in deciding upon and a d• implementing a public transit system to serve all the parties,and y r WHEREAS, r°: certain transit service authorities 1W served sub-areas of the Formatted Font color:Light Blue, � Strikethrough County, utilizing either the County of San Bernardino or San Bernardino Transit System as transit operators;and o WHEREAS, the parties now wish to continne to better coordinate transit efforts by am t i an estaang the agreement used in creating a single umbrella agency which will provide O m transit services as requested by the transit service authorities, and will serve the transit needs of the at clitir:Ctstiii4 of San Bernardino Valley and other areas as required. E NOW, THEREFORE, the County and Cities above mentioned, for and in a=i consideration of the mutual promises and agreements herein contained,do agree as follows: Q w c ar V Q Packet Pg. 314 5.G.c _ m SECTION 1. PURPOSE. E v Each party to this Agreement has the power to own, maintain, and operate a public transportation system. Under authority of Title I, Division 7, Chapter 5, as amended, of the Q N Government Code of the State of California, the parties desire by joint exercise of their common 3 power,to create and constitute a Peso-public transportation entity separate and distinct from each of 0 4. the parties to be known as"Omnitrans",which will own,maintain,operate and administer a public 0 transportation system. This Pew-transportation system will serve as a unifying umbrella agency to n U) coordinate service desires of the various transit service authorities throughout dicSan Bernardino Z a GouPtyVallev,and to provide such service either directly or through subcontract with other operators. The transportation system will--initially absorbed the public transportation operations of the San Z Bernardino Transit System, and the County of San Bernardino Transportation Department's Public O Transit Division;whieh--pr-€-sea't° seFve the t moths. The _entity Onwiiraiis will provide a standardized system of fares, a universal system of transfers, and expanded transit services and facilities for the benefit of the citizens of the parties. 44s-alit,ipiA that the eEpeftise, effleieneies,- � .,.i eeenemies ,.it:..`fFe m tl ••,cr�ric-ci-zcji k EK�EI�hutiltiation of availalble assisi..ee p g .;11 StS lend impetus to the new trans e4i,41)ing--ar}-e, t� °� Q1 Q SECTION 2. CREATION OF AUTHORITY Olnnitrans was_ceatc d pursuant to Section 6506 of the California Government Code r theFe is? ? ? !? ! ? "�? *_r� and said Authority shall is be-a LO public entity separate and apart from the Cities and County which are parties to this Agreement. a 0 SECTION 3. GOVERNING BOARD _ A. Membership. m The Authority(Omnitrans)shall be administered by a Board of Directors. The y c membership of the Board of Directors shall consist of an officially designated Mayor E or Council Member from each member City and fi>ur seats to be offtciallt Comment[T4]:in October 2011,the G W designated)Ytembers roni the 4-Board Of Supervisors who currently hold the office of i Board of Supervisors directed that Districts E rvc_ on Omnitrans based on Omnitrans service e Q Supen,isor Of the C oumy' Of Sari Bernardino +t Efi!?2--1�F - .'. ";. —z`fl{' / pending approval of the amended JPA by u ius approval of the Omnitrans Board. Item wa = f•the r p ,,„,,,,,1;„„ ;moved forward by former CEO/GM. Does lv r Each City representative may have; Board want to remain at s or add language E >ve San. `District I since it is not in Omnitrans'servi ._ ? V — f0 r Omnitrans-Joint Powers Agreement-Amended&Restated 2 Q Packet Pg. 315 one alternate who shall be a Mayor or City Council Member officially designated by E m the City Council. Pic C n1, CouniV Superi,isor. r?? e r. °ti'3-�:..:x,-�,. -+ -�=' --;,,.^a`-�a-.. �_.. �:+.�^�^; The - Comment ITS]: alternates shall serve in an official capacity and be entitled to vote only in the absence _. 3 of the official representatives. a B. Voting. _ 0 Each member of the Board of Directors shall have one vote_. ptrvifi�l, N ht?5t*C'SzE'1—I-� t-`Y3£?§? t-chi--i-cars-i%ix izr�l-r�i'z'r"L.-i�-kc-7+t-' + a x y h It t� Lt -1 Q U � �x c 4,tl ' }retititic HE ;1rt€1 b i iEl-}&ti tl �rpi� � yla?mis Lri`l� M d po{�t+l it c>i -o*tl� 43r�i ttr rn ry ct a}c a dial_resi-de-�-t,tihiii tl U r-agcafc;. tea .-n j-tir-t'+fl-tE ---di't-d--t--llie,'--13E311Li�343t}t3--1'rci=Et'Iti`.>;C= ££}FY3}}tkt-dt3,�"rrii:-u �E.�'F}3-xt-Tc-r ii- z.'n:;4' U) tc.ittrlt 1fi3-#'r--l3zer-t�H-1--�`£}t£';--rn-�-�cci=i=�'arz.t .,•',•,-�rzr;:•'d°, .-. :--±ql:-s?lE--t3e-t2iitElc'--1}i=-rE?t4}t£i-'sr3� -a c i pwar<1 One-half p rtcidt (l:'?��tai n�Earc �i�cl-}tiiisiirtiirt� � tlt�s�t�:�=tr�l-4e �c�}tiltitiert-t�itculz�tiens-4r€�-ls. ' � �c>-1�1t}7�rit-{=1-�'��-e�o�pt-that (D _ i�t1 1� ct� 1 � d Q flie--pre-eed7 -- —1'4)a �'.tzrrct'a}aYtizc..isc -cnt-riic°rrrc-cs'c-iim-�crr�ivsrrni-v-c,f- }-'l {'rN;ii}3=E H3- r LO N W 0 d m a rp _ 1 -r-Scmc`n-x�. E it t c J t+� �,�,o.„rccx-�crr�:.r ,c, rrY,., cicrr,n xt'rttl}tr a�c-� -,xx. -v�cc�i;Tp '€l.-E,j�-irrc = d E c t U f0 w a� Omnitrans-Joint Powers Agreement-Amended&Restated 3 Q Packet Pg.316 c g it l ac ntati�c shall net lia sl}]it: E E quorum shall consist - j Comment[T6]:Weighted voting no lor. d ., applies. . of a majority of the membership of the Board of Directors, except that all County Q N representatives on the Board of Directors shall be counted as one for the purpose of 3 establishing a quorum. Less than a quorum may adjourn from time to time. All O IZ actions taken by the Board shall require a majority vote of the members present,with a c 0 quorum in attendance, provided, however, that adoption of By-laws, Amendment of N By-laws, adoption of an annual budget and such other matters as the Board may Z Q designate shall require a majority vote of the entire membership of the Board( ..3:J—An abstention Comment[T7]:Weighted voting nolor Z z `applies. shall be considered neither an affirmative nor a negative vote,but the presence of the O member abstaining shall be counted in determining whether or not there is a quorum in +� ca attendance. ayi (S-eetin"3-B-aniendedon Septembef-1-4148,O) i Comment[T8]:Prior Amendment No's -- - that amended Section 3.B.applied to Weigl 'O C. Meetings. f Voting and is no longer applicable. Regular Meetings. O E The Board of Directors shall provide for its regular meetings;provided, Q however, it shall hold at least one (1) regular meeting during each quarter of each fiscal year. The dates, hour, and place of the holding of the regular meetings shall be fixed by the Board by resolution. Comment[T9]:should the language be n :a to monthly? y Ralph M.Brown Act. Comment[Tlo]: m CL All meetings of the Governing Board, including, without limitation, — _ c O regular, adjourned regular, and special meetings, shall be called,noticed,held, c and conducted in accordance with the provisions of the Ralph M. Brown Act d a r m (commencing with Section 54950 of the Government Code). C Minutes. d E The Secretary of the Board shall cause to be kept minutes of regular, c m adjourned regular, and special meetings of the Governing Board, and shall E cause a copy of the minutes to be forwarded to each member of the Board and :. c to each of the parties hereto. E U R a+ w Omnitrans-Joint Powers Agreement-Amended&Restated 4 Q Packet Pg.317_ s= a� D. Officers. E m The Board shall select a Chairman, a Vice Chairman, and other necessary officials. The Secretary shall be the Chief Executive Officer Ge -wl N t of - Comment[T11]:Ha, r,,, n+,.>> :n.tt 7 L - Omnitrans. The Treasurer of the Authority shall be the Chief r Executive �, alit t :r 3 0 00 7Cc l. ; of Omnitrans who shall be the depositary and have custody '�"' C. of all money of the Authority from whatever sources. Omnitrans' Director of 'comment[Tiz]: u,j I e Finance shall be the Controller of the Authority and shall draw all `'t` ° warrants to pay demands against the Authority. The Attorney for the Authority shall ; �:l, ,rl _ Q ,. be designated by the Board. The public officers or persons who have charge of, H handle or have access to any property of the Authority shall file an official bond in Z accordance with Section 6505.1 of the California Government Code. The Authority Comment[T13]:This has never been d it - applicable? .,, d shall have the authority to appoint or employ such other officers, employees, comment[tta7: � consultants,advisors,and independent contractors as it may deem necessary. _ y (Section . .amended on October , — _-- (Si 3D dd Otb 1 1983) _ - ---- Comment[T15]:Amendment No.5 lar incorporated into Section 3.1).with positioi � fC E. Functions. proposed for revision to align with existing ,a .n titles. The Board of Directors shall perform the following functions: -a Adopt the budget; CD - ,; ,� 1 s 44 rya Comment[Ti6] - — -- . . ten .o . � Appoint a Chief xecuthv Officer Gt,a3�;��-, _ ev et Appoint a technical committee; �- Establish policy,including but not limited to: LO CD (a) Uniform fares; Formatted:Indent:First line: 0" a (b) Mftr4t�Procurement Policies; O (c) P, Adopt rules and regulations for the conduct of business;and Formatted:Indent:Left: I",Hangin( m " Perform such other functions as are required to accomplish the purposes of this c Agreement. E c SECTION 4. POWERS, comment[CG17]: Q c CD IComment[T18]:.r. _ c0 Z Omnitrans-Joint Powers Agreement-Amended&Restated 5 Q Packet Pg.318 r c Omnitrans shall have the common power of the parties to own, operate and E m maintain a public transit system;and,in the exercise of the power under this Agreement,Omnitrans is d authorized in its own name to: Q N L Sue and be sued; 3 Employ agents and employees and contract for professional services; 0 a Make and enter contracts; c 0 Acquire, convey, construct, manage, maintain and operate buildings and improvements; Z Q Acquire and convey real and personal property; N 16 Incur debts, obligations and liabilities, provided, however, the debts, Z 2 obligations and liabilities incurred by Omnitrans shall not be,nor shall they be 0 deemed to be,debts,obligations,or liabilities of any party; w rl?7 -ci v a c, assessment or ta:U__ Comment[CG19] .t ro! N F of r ��6ett? frti,r��rr< Comment[T20]: t. tl g Invest funds not required for immediate use as the Board determines advisable ,viva Doi 3 Bo" :.. a m - - in the same manner and upon the same conditions as other local entities in c accordance with Section 53601 of the Government Code;and aD E tqA 10)Do all other acts reasonable and necessary to carry out the purpose of this a Agreement. C14 Such powers are subject to the statutory restrictions upon the manner of exercising the powers of the, t,� :".1f„ of San Bernardino. =�Comment[T21]:Change to County of un Bernardino? y Comment[T22]:: CL SECTION 5. FISCAL YEAR. o For the purposes of this Agreement,the term"Fiscal Year"shall mean the twelve(12) e month period from July 1 to and including the following June 30. m N c SECTION 6. FINANCIAL SUPPORT. E (D E 13y-t-1-2€;§`m-rcrcrti-..c"Tarcciic-r v tirim...,-i8 t r-s6�r�—� iri- �'u' .--7'�--tit-1?i§£tt£�r:ui£ C E .G t0 w Z Omnitrans-Joint Powers Agreement-Amended&Restated 6 Q Packet Pg.319 c v 1 #ter at3t i . g a v ti err i> d a y i a?so d id E ar as cti--era-exc-ee>r-,rcrt r:-�, cT ra.,rcx-cm.-sr�a;:rc-�,-crez-rrrmG''-dt-d -t-H�k=1-ii� -%c"{c.-m3�`c' L " , t I f� rai-i�-v-rcrcr Comment[T23]:No longer applicable. Q _ Comment[T24]: At the time q I re I ariRo O mnitrans annual proposed operating budget and proposed capital i � cu expenditure budget, the Board shall consider the amount of financial support to be alto led by the -— -- a San Bernardino Associated Governments (SANBAG)on behalf of members•'jurisdic 5;4.,BAG c as the Transportation Planning Agency for San Bernardino County, and a as t Counl), N Transportation Commission, is responsible.1br allocating Transportation Dn, t Ac (TDA) Q funding sources for transit and non-transit related purposes tha mply •'h regional � H transportations plans. Z The TDA provides hva funding sources: O 1. Local Transportation Fund(LTF), which is dery c cent of the general sales tax collected statewide. (D 2. State Transit Assistance fund(STA), w s deriv m the statewide sales tax on -� gasoline and diesel,uel. W SECTION 7. 6EF£ ' ., ' : SFE,F' ECI TIVE OFFICER L , m The r_..„�. l nr„ „ Chzcf Ez-dicer i,r:-�a;�; ��, a„�r,.,.nsit System shall Q l . th- a-A Geffe-.,t "+ -}<+i�eFOf Omnitrans and shall serve at the pleasure of and upon the terms N prescribed by the Board of Directors. y The chici i.:,zzcr .,'� t)je"«�; shall be responsible for carrying out the •- tn policy and directives of the Board of Directors. The duties of the Gl,ncnd hi,/ .VCVHfiII � c>s Of shall include: a c 1. The preparation and submission to the Board of Directors of the annual operating and O c capital improvement budgets 2. The appointment, assignment, direction, supervision, and subject to the personnel rules m rn adopted by the Board of Directors,the discipline or removal of Omnitrans employees; d 3. Advising the Board of Directors concerning all matters relating to the operation of c Omnitrans and the various programs of work,promotion and expansion; m E 4. Providing periodic financial reports covering Omnitrans and its operations in the manner Q and at the times determined by the Board of Directors;and d E s v R r Omnitrans-Joint Powers Agreement-Amended&Restated 7 Q Packet Pg.320 i _ 5. Approving for payment, under the procedure adopted by the Board of Directors, all valid d demands against Omnitrans. m 4 N i SECTION 8. TREASURER. The Treasurer of the Authority shall receive,have custody of, and disburse Authority 0 0. funds pursuant to the accounting procedures developed by the Authority Board;ire cry Hance with , Comment[T25]:Define to FTA? � Comment[T261: Ciohernri tent-4..ccourttint>Sandards ad as possible in aeear' ' " n C+ti—�utl l een�x 3 ,and shall make disbursements required by this Agreement to carry out any of Q the provisions or purposes of this Agreement. Z r- SECTION 9. CONTROLLER. 0 The Director of Finance. as Controller, shall issue checks to pay demands against Omnitrans, which have been approved by the General Manager. He shall be responsible on his y official bond for his approval for the disbursement of Omnitrans money. Comment[T27]:Applicable? Comment[TZa]: .. _ The Controller shall keep and maintain records and books of accounts on the basis of the uniform classification of accounts adopted by the State Controller. The books of accounts shall include records of assets and liabilities_ Comment[T29]: Y Q Comment[T30]:Delete Section 10 as i N to mitial start up in 1976 Ac —c 1'Ta f 3l Mvtl Comment[T31]: ) r The meeting of the Board of Direetefs shall be ealled by–the LO r d N a membets,shall speeify the date,fifne and plaee of meeting. The appoiniees shall ffle–et C P. o m m N _ ffleetings,pi-ovided,hewevet',that meetings shall be held not less eften than fouF ti 0 pef--yea!-- C N At its @FganiFatianal meeting.the Boat•A=,hail• E _ E U r. Omnitrans-Joint Powers Agreement-Amended&Restated g Q MEMO= 5.G.c C a� a� SeefetaFy of State A,ithiii thii4y (30) days after the effeetive date ef this L AgFeemepw iU Appoint '1eeh ,I Committee, Whieh shall -+ Suppol4ive F, ..t',.«.. (D ly O a Audiopit 4r,.. Q. 67) D, ,ide for the seleetion.,F., A-4o w O Not latef than 120 days, fallowing the ei-ganizational nwe e O •t shall eamplete all required et.. «.l Board, !1 _. ;« A} 'E�II 4t 1�?i lint{Tn can - __ _._ ,_h 11 « ••° c8 an--crrnz xi a.xcaxxx �s?s.. fRt Y C aeeor-daffee with this. A gFeem „t GO A. 'I-.Felt.. 1R7;tt.;« the period pfE)N;'.l,�,l hJ. Cx u 'l, Q !120 .1.,..,.1 T`� � 4-111 t 1`��EN�F 3UL'._itHf'#? ti^ist£:(1-tT2t'P3r„F c-v.rt a assets,sel,� din Exhibit's-` V R3 titA fee;ed—tH 4e a pari of this 4reeffiellit. Elach _ i Comment[T32]:Exhibits"A"and`•B" :d land recommended for deletion..... � l Fty shall eoH y cif a-s?ign ,..,1 Tlmniif fis 4,1.,71 «t die seh.:,dule.1 asset d ix3 —ccrr4-6tnx'lo'c'tt8iT5—�'StPE. !l«.«:t«.,,.., nl...lt Q ou4standingind awlnetis and-1h.obH gal ion of any conditions so listed. � -- Formatted:Indent:First line: 0.511, `bullets or numbering ........ LO N ,ef d by the Beafd of Direetoi:-,of as set 81 a C 0 _(Seei,joirlr� arrrc n1.,c1 C�.�ber t 1984)..._AITIQ'tldmen No- 6— Lalnptk`l°..eincorporated in c`lboyc C_ >3J ,-- C 3ic D" Amendment N _ { lencticcpargraph. - InitialJPA tan ua<>c incorporated Yhihit5 m any reference to these exhibits. ' Comment[T33]:Exhibits"C"and"D" r d , - - --- I and recommended for deletion. C -2.f llt .,i:nbe-t 1479) nine dme t i?t� C _ 4444_ _ E C. r) F"1' t C,.,.. C d .. CD danee with the W . of the various ..Transit .. The C V rt+ Omnitrans-Joint Powers Agreement-Amended&Restated 9 Q Packet Pg. 322 c w E m as Q N L , 3 will be billed aeeofdingly. laitiaily, the same fafes and at lea. 0 'o ,, l_ „i.,,7: .. ,t t.pe shall be t 71,«l-t-rrirmzr�c, m s-cr r rry-icr,A � .... ......... ..........::b�.3«..L., ....... .fir,_shall .,_ __ _.___..___- _� cn Z joeal '1' .'t C,..-.-: ., A..,t....:+.,to pay 7'.,,..,,,:.7 serviee Within o ', a ,.al,:t:ties ,ded + o+-tat3{)43-`+t"!'t EE'.t4.-F(>ti�f-5;-:143 u--� 0S Z , r2 €ass-alw-w-Ul 1)Fff}sysWitt of transfer°,,. � C„ the pefied eefameming upon -2:l�cc�.LZV iia ccc ,.F,- cc-an,aii-Lmu`l. N tacit:�a atine july .1. 1980, the eenfr-al ,e , c opera4iomi- ",",iif E:ftiar••ers fqr- Omnitran,;--Nk4ihi the City 1:..,;ts ,.c the City of c.,,, S4 during Lei, I Bemar-ditio and ` *bL remove:sEtid eeniral maintefianee Nor (D c -S',an n.,,-.,.,P.a:.,.. with E Q in the pepfomiaflee of I- t- Oninitfans shall k out atid ,il'.. ll N available md shall establish and factintain elose liaison with LO T d a c 0 c d m N c d E c 0 E Q r+ c cDc C s U Rf ,,Is-Joint Powers Agreement-Amended&Restated 10 Q Packet Pg. 323 5.G.c c m E m d a Offiri4rans to struetrife shall stibstarrtialk,conil Em to the strueture outlined in i `� ' i Comment[T34]:Exhibit`E"attached t F0 0 - recommended for deletion. hereto.aaaehed Formatted:Not Highlight = 0 U) Z a SECTION 11. PARTIES'LIABILITY. H Each party to this Agreement, whether individually or collectively, does not assume, Z nor shall a party be deemed to assume,liability for: 0 Any act of Omnitrans or for any act of Omnitrans agents or employees; a) The payment of wages, benefits, or other compensation of officers, agents or W employees of Omnitrans;or M c The payment of workmen's compensation or indemnity to agents or employees of Omnitrans for injury or illness arising out of performance of this Agreement. aD E SECTION 12. ASSIGNABILITY. aC With the unanimous approval of, and upon the terms agreed upon by the parties hereto, all or any of the rights and property subject to this Agreement may be assigned to facilitate, under the direction of another,the purpose of this Agreement,provided,however,no right or property LO d of Omnitrans shall be assigned without compliance with all conditions imposed by any State or a Federal entity from whom Omnitrans has procured financial assistance. _ 0 c SECTION 13. ADDITIONAL PARTIES. m m Any general purpose local public jurisdiction may join Omnitrans. Any such rn c jurisdiction so joining shall become a member subject to: 0 E Approval of the Board of Directors; a> [� Aequisition of at least e- nnn ,f r . et al „f n tr by either E pt:trejia�ifig same frorri an existing shareholder or eomribtriiag f�arids in like a t to the eapital asset aecount ,fit"1.. � U w Omnitrans-Joint Powers Agreement-Amended&Restated 1 1 a a Packet Pga,324 m (44(2)Execution of this Joint Powers Agreement. E d Any such agency meeting the above conditions shall be entitled to appropriate representation on the Board of Directors as provided in Section 3. Q N L U 3 SECTION 14. TERM. AL 0 This original Agreement,.,o l beea,,,�me effective on March 3, 1976,and 41is Amended c 0 and Restated Agreement shall become effective on shall continue in force until � N terminated by mutual agreement of the parties. Z Q F- SECTION 15. WITHDRAWAL OF PARTY. z Any party may withdraw from this Agreement as of the first day of July of any year 0 following six (6) months_notice to the other parties by resolution of intent to withdraw adopted by f. the legislative body of the party. A withdrawing party shall be compensated for its total capital asset value contributed less appreciation,by return of capital assets and/or cash payment,over a period not ' _ c to exceed five(5)years,the method to be determined by the Board of Directors. Comment[T35]:Delete? Comment[T36]: y SECTION 16. P l("i'`lJUllFS Formatted:Font:Italic,Font color:G 0 Strikethrough E Q A. General Provision. Formatted:Font:Italic,Font color:G .. If this Agreement is terminated,assigned, or transferred in whole or in part, eft a.i,, ;��,� . �r�rt '.,all assets owned by Omnitrans shall be distributed �- T to the parties. Distribution to each party shall be made in the same proportion as that LO d reflected in the parties' accumulated capital contribution accounts as shown in the Comment[CG37] M, l s, Controller's books of accounts. Cash may be distributed in lieu of property or o equipment. If the parties cannot agree as to the valuation of property or to the manner of its m 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 E be selected and appointed by the Board of Directors,and those referees shall appoint a d neutral referee. E Q This Agreement shall not terminate until all property has been distributed in accordance with this provision; and the winding up and property distribution E U w r+ Omnitrans-Joint Powers Agreement-Amended&Restated 12 Q Packet Pg. 325 5.G.c c hereunder shall be effected in the manner calculated to cause the least disruption to E m existing public transportation service. Comment[T38]: m . Comment[T39]: i B. In the event that 01nnitrans ants to di solve fir twirposes of cha_1 i7Tf, ZQ is governance structure. call assets and liabilides will transt r.to th sueu ssor.c�ELu � _ _ O - n. G —.l kr t.' �n + ' r .:a, c r 0 ifi_ Z d veiritle d xi et}ttjp�i�3 t-� tad -i c +lit ^.',�>r,� d tl I,a, C-t[te- ks-t-4-ve—¢5} z O least-egtiak,o he ninn e txhiNt-"-A' hereof-4n4he event the +3 R its c# r� :i;s.a t3a it-ti t 4 (r}, r€tlett e€tle �t�t t; t, tl�e d t�ttEt-a;-��-n�t3a{�t�t-ire'-[.�i-9-.-<ietet�tt�re�-tlre-[�iee-tlt ;- t:rit��l-t<i-i �kai= 'r3 c 1 211 tit>ti4' E t�nitran5 sr it r pte ntat��.t in writ+n { tt� e i tance:- Pavin-errt-of M c a�Ec�atttniE—�±13t��ti�-tii��=t�'r'-r:=-�tgt-- a�ltt -<dt�.�ii�--+c�-p}tr-aE-n+a;e-_"' :s:�(!•;;-tlt� � i= arc vE anal sltnll nt�h,-. ^;l Ott t1 �1�1 i�a tiorr+ t( its E 1ttt I irltE 04 p s valtrc t i t1: �' z �Y; z n n re l It #lte#H-s, �- 4,�+ r LO tv CM a C O in C e i SeFS M Share . - C a. E-F3-n-d-?}}( iit.E-}.3r1EE--tom rrnr-ui=Y xc `f'circ"zr^'c�irYCt: :.zm-r:n�ca-sii d E ti Q vif 4 Intll-fit C G1 U w Omnitrans-Joint Powers Agreement-Amended&Restated 13 Q Packet Pg. 326 t c tdt as tt at } i e fait E m N 4 r-c6 "-ci - ,a£eZ3i'.?-`s' tE-t`: v-.>ts!---E'i -i-s` -.rrzcrrcimio :n rrrri-vv a) 3 i=i- F.'Ft't:El--!-r�-?'tt?e°r?.--{-%s--. -i:'c,-°izrz'rf-i-'s-fit 2:r�§ i-�'c-t-,=ti;-4r'. •' ,,. O a O a=te 2�.�-c„�—C��k. �-t�+�f;s�t.�.Ff33t#lc'�ilE)n. `5,�.d��rn. ' -I. ,��rrzar-i>c';=k1-ek• � '1{i'�G_'"L }{f}"vE$z::..„*";•s7(ti�fY+f�L.`.x'i'�SPY`..tP"K3YY'}l'tt{'Y§�'.�.—'t. }u a`L'iz.-4 L'.—C�T iii.`>1Y "¢'+jam Z L�J_44t t:3a c1c.rnr''-Et-t-;=li ''4§''i$f -til--G=Si31-14!3;s.....£irzr-iiixau't`2��rrtrrs.,,i. i.h%."1 altf:'-5 O Comment[T40]: N r Y M l _ Y N N� IL SECTION 17. PARTIAL INVALIDITY. -o c t If any one or more of the terms,provisions,promises,covenants,or conditions of this M E 'a Agreement shall to any extent be adjudged invalid, unenforceable, void, or voidable for any reason c whatsoever by a Court of competent jurisdiction, each and all of the remaining terms, provisions, m promises, covenants, and conditions of this Agreement shall not be affected thereby, and shall be Q valid and enforceable to the fullest extent permitted by law. v SECTION 18. SUCCESSORS. LO m This Agreement shall be binding upon and inure to the benefit of the successors of the CL parties. _ O c r�9 MULTIPLE COU'A'7F_RP.4RTS d m 7`Itis dl e eement may be t,zeented in multiple counterpars anti a copy may be used as it color:Li E ue Formatted:Font:Italic,Fo G 4) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be Q executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed,as of the day and year first above written. w E v r Omnitrans-Joint Powers Agreement-Amended&Restated 14 Q Packet Pg.327 E a� Dated: A9Ia- -i COUNTY OF SAN BERNARDINO Q ATTEST: to L �`>/«' �+•«��i-e�airk�2tt--c�;rimccaoy n_„ i°r aViStaFROF(SiR ^*t^•e) Formatted:Font color:Green,Striket i Clerk of the Board Laura Welch Chairman,Board of Supervisors,Janes Ramos a c p Dated: 3,=,.1. 1. 1 976 CITY OF CHINO Q ATTEST: Z s (signature) _ + ' `s ' (signature) p City Clerk _�`.� rt�!cz ',.f�1,>z Mayor 'a a> rn m Dated: zapupp,8 IPW CITY OF CHINO HILLS v _ ATTEST: (D (_)cii k1c C:Gattern(signature) 1 _ } �� 3�r��r�, si nature - y Deput Y City Clerk Gtervi BaL Mayor Cyrithia.Woraa E N Dated: 1e h- CITY OF COLTON LO ATTEST: a� 4i (signature) ? (signature) d City Clerk Carolina R_P Padilla MayorRichard,l.DeLaRosa p _ m Dated: CITY OF FONTANA _ ATTEST: E _ (signature) i; «' =f stgnature) m City Clerk Tonia Lewis Mayor,4quanetta Ibarren Q _ W E v co .r Omnitrans-Joint Powers Agreement-Amended&Restated 15 Q Packet Pg.328 m E Dated: —r 9 CITY OF GRAND TERRACE m L ATTEST: Q y L -Set#r_ fmstti (signature) f��e�i�,Pca(signature) City Clerk Pat Jacquez-A'ares Mayor Darcy tWcAlaboe a c 0 Dated: ' CITY OF HIGHLAND U) Z a ATTEST: Z t`.,;tt4Ee 1 t tc(signature) 2 City Clerk h 7,Wc_ Mayor l.tl , d cts rn d Dated: 4:x —? ? 7 CITY OF LOMA LINDA _ ATTEST: O a� (signature) °a'= si nature = City Clerk Pamela B 7rnes-O'Carnb Mayor /)7v Q N Dated: 1 v_ti,r v 26 Q_74'' CITY OF MONTCLAIR ATTEST: `n a) a� Gertrude L.Hill(signature) (signature) Deputy City Clerk M1 Mayor I'r; d %crfcr7 = O _ 'aT d Dated: k =:;. . ' 6 CITY OF ONTARIO m to c ATTEST: Paul-,,�—� � a�av(signature) _ '�'Iar�i�e C�ix r��}�a�(signature) � d Peps City Clerk Mary E. Il irtes Mayor Paid S.Leon Q _ CD E s U Rf r Omnitrans-Joint Powers Agreement-Amended&Restated 16 a .�.r. suma- S.G.c C d Dated: E Sete- bef 19,4978 CITY OF RANCHO CUCAMONGA 0 L ATTEST: Q N i r „ M exr.,�.seF ffi n(signature) .iai s-G Fret(signature) m 3 City Clerk Janice:C.Reynolds Mayor L.Dennis))Michael O o. r c 0 Dated: '`nom CITY OF REDLANDS,"" to a ATTEST: ` Z Peegy A.Mesek-v(signature) jaek B.cufflfARkes(Si y afore City Clerk Sam Irwin Mayor P"1` (3stc r• 0 F 0 e CD Dated: *feli-T`Tm CITY OF RIALTO c ATTEST: m r,.s,„w u c.,. �°( r” signature) � signature) �_,-�-x–��l c City Clerk Ba bara_4.McGee Si Mayor j'?,?borah Robertson < a ro N Dated: "n••..-9,4Vq6 CITY OF SAN BERNARDINO ATTEST: LO L--�,-4e--?(signat#e) 649 , W.R.Holcomb(signature) City Clerk Gc:or qnn Ha0a F Mayor R. t"grey.Davir �; ur O c Dated ;tetra - H CITY OF UPLAND c ATTEST: E E Derecrr-K4(signature) Abn,r-R.Flikiem era(signature) W W 01v C"lerlc Jeannette Vagnozzi Mayor Ray Musser �E W E t v to r Omnitrans-Joint Powers Agreement-Amended&Restated 17 Q Packet Pg. 330 c d E Dated: wie 1°°II CITY OF YUCAIPA L ATTEST: Q N L (: ?r W:i._�,,z�t�e-Strattart(signature) � , 1 I'i.i'5(st n� ature � City Clerk.Iennifer Shankland Mayor Dennis Hovt 0 n. 0 z Q N z 2 O -a a� N m c a� c a� E Q N T LO a) 0 Q� m N E d E Q cd C U R w Omnitrans-Joint Powers Agreement-Amended&Restated 18 Q 0 Packet Pg.331 rnrrr saannod w1or SNVW-1NW0 Pa}e}sa}J Pue PapuawV : VZfl7) G9 06ed uo u1688 S1U9WPu8iuV :;uawyoe};V N RELATES TO SECTION 10,PAGE y M Exhibit A • PROPOSED FOR DELETION Page 1 of 3 a d ASSETS TO BE TRANSFERRED BY a SAN BERNARDINO TRANSIT SYSTEi'I, THE CITIES OF COLTON, FONTANA. LOMA LINDA, REDLANDS, RIALTO, SAN BERNAROI":0, AND THE COUNTY OF SAN BERNARDINO Cost/Value Land, Structures & Improvements $ 260,409 587,624 Bus Fleet 16,051 Service Vehicles 19,738 Shop Equipment 5,429 Office Furniture and Equipment 19,600 Radio Equipment 10,650 Fare Boxes $ 920,001 Total Cost/Value RECAP BY AGENCIES Amount $ 46,093 Colton 2,1166 Fontana 11 ,914 Lorna Linda 70,403 Redlands 50,726 Rialto 420,439 San Bernardino 318,260 County $ 920,001 NOTE: Minor adjustments to be made through 6/30/76 for additions, deletions, • and depreciation. 93 SJ8mOd )ulor SNVb.LINWO pa)e)SON PUB papuauaV : VZtib) LS 06ed uo u16a8 S)uauapuawV :)uauayoe))V co v Yale Z OT 3 M CL C7 ' V LAND STRUCTURES & IMPROVEMENTS a 5th & 14uscott Site $ 220,909 Bus Benches (300) 91000 Bus Shelters (12) 6,000 Bus Stop Signs (1,500 +) 24,500 $ 260,409 BUS FLEET Number ' Year of Of L Unit t'n. Make Model Manufacture Seats 2 400-401 GMC TD4-3207 1947 32 $ 2,000 1 403 GMC TDH-3207 1947 32 1,000 2 407-408 GMC TDH-3207 1947 32 2,000 2 500-501 GMC TDH-3610 1948 36 2,000 1 505 GMC TDH-3512 1949 36 11000 1 304 GMC TDH-3207 1951 31 1,000 4 5101-5104 GMC TDH-5105 1958 51 16,000 4 300-303 GMC TGH-3102 1961 31 14,000 15 (1) 800-814 FLX 411-HD-D1-1 A/C 1967 35 61,500 1 GMC 350 1973 13 7,500 5 100-104 MBZ 0309D 1974 19 114,405 16 (2) 1000-1015 FLX 45102-8-1 1975 36 173,109 10 (3) 110,000 $587,624 (1) UMTA Grant; 33% Paid by SBTS; Total $184,500 (2) UtdTA Grant, 20% Paid by,SBTS; Total $865,545 (3) UMTA Grant; 20% Paid by SBTS; Total $550,000 94 1%% rntI n--41.. I 7 Dn4A k,* CQTC- Tntal tdAi.nnn SJOMOd mod SNVNJ-INWO POWISON Pue POPUOWV : VZMI) 4S 06ed UO U1699 SIU8WPUaWV :IUOWq3ejjV U M ce) a. Page 3 of 3 SERVICE VEHICLC Year of Number Description Manufacture Cost/Value 1 Chevrolet 112-ton pick-up, Appache 200 1969 $ 200 1 Ford Galaxie 4-door sedan, (390) 1967 700 I Ford 4-door sedan (300) 1963 200 1 Plymouth 4-door sedan (311) 1972 957 1 Ford Courier Compact Pick-up 1974 2,997 2 (1) Ford Maverick 4-door sedan 1975 1,685 1 (2) Truck with mounted hoist 9,312 $16,051 (1) UMTA Grant; 200A) Paid by SETS; Total $8,426 (2) UMTA Grant; 20% Paid by 5BTS; Total $45,225 GRANTS OUTSTANDING - ASSIG:IED TO OW11 TR*IS UMTA CA-03-0093 (Portion) & CA-05-0006 (Portion) 9 New 35-foot diesel air-conditioned transit busses, $117,328 less tires I New supervisory vehicle 1,076 I New bus washer 11,938 1-new bus vacuum 4,778 17 new registering fareboxes $143,046 Q 95 SJOMOd w1or SNVNJLINWO POWISOU pue papuau V : VZV17) L9 06ed uo u1609 S}uauapuawy :Iuauayoettv LO � EXHIBIT"13" `7P.5 nar Imitrie t7esest Cl) RELATES TO SECTION 10,PAGE 9 _/4/76 (L PROPOSED FOR DELETION ° v c� a. EXHIBIT B ASSET'S TO BE TRANRfTj;9M BY THE COURrY flF SAN BE DIM AMID THE CITIES CAF CFA, FONI'ANA, Moffj'CLAIR, CNTARTO AND LIPU iD TRANSIT ASSETS Purchase price Bus Fleet $ 410,107.64 Attached Equipment 15.869.40 shop Equipment 1,750.16 office & Misc. Equipment 30,936.41 $ 459,663.61 ENTITY EQUITY $ Chino 40,465.47 27,924.27 Fontana 3 ° Montclair 1,727.28 26,820.59 Ontario San Bernardino County 299,082.97 33,643.03 Upland $ 459,663.61 NC)TE: Miter adjustwnts to be "made through 6/30/76 for additions" deletions" and depreciation. 96 page l of 4 SJOMOd ;ulo�SNV111.1NWO pa;e;say pue papuau V : VZtbt') G9 06ed uo U689 s;uauapuauay :;uauayoe;;b► cfl 2-4-76 CO) a a yr EXHIBIT B ' v SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT a BUS FLEET** YEAR OF PURCHASE PTY. MAKE MODEL MANUFACTURE SEATS NUMBERS PRICE 16 Mercedes 0309D 1974 16 20700-20715 $ 368,837.60 1 Dodge Van 1974 16 20720 11,750.10 ` 1 Dodge Van 1975 16 20722 13,340.10 1 Dodge Van w/lift 1975 13 20800 16,179.84 $ 410,107.64 ** Sedans used ty Transit Superintendent, dispatchers and for driver switching, plus pick-up truck for mechanic will be itemized at a future time when required number determined. ATTACHED EQUIPMENT PURCHASE Q • DESCRIPTION, MAKE AND SERIAL # PRICE 16 Fuel Tank, 40-gallon $ 5,653.44 r 16 Air Conditioner, Rear 8,585.60 1 Wheel Chair -0- 19 Fare Box (Pine-o-matic) 2,630.36 $ 16,869.40 SHOP EQUIPMENT_ PURCHASE QTY. DESCRIPTION, MAKE AND SERIAL # P._RICE 25 First Aid Kit $ 548.96 3 Tool Box 754.17 6 Fire Extinguisher 82'29 5 Snow Chains 122'66 16 Reflector 242'08 $ 1,750.16 Page 2 of 4 97 slamOd }ulor SMd2I.LINWO PWISM Due papuawV : 17Z170 L9 abed uo u16ag s}uawpuawV :1uawt4ae1jV v 2-4-76 Cl) � M 6) U a EXHIBIT B • m SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT d OFFICE AND MISC. E UIPMENT PURCHASE QTY. DESCRIPTION, MAKE AND SERIAL # PRICE 1 Camera, Polaroid $ 2,120.00 120.25 24 Cash Box 2 Coin Counter and Sorter 1,£36.64 2 Tab Card File Cabinet 99.74 109 Bus Bench 7,741.18 540 Bus Stop Sign 19,218.60 $ 30,936.41 GRANTS, AGREEMENTS, LEASES TO BE ASSUMED BY OMNITRANS UMTA, CAPITAL 1974-75, No. CA-050005, SBd. CO: UMTA, CAPITAL 1974-75, No. CA-050009, WVTSA ***UMTA, OPERATING 1974-75, No. CA-054016, WVTSA ***UMTA, OPERATING 1975-76, None Assigned, WVTSA ***UMTA, OPERATING 1975-76, None Assigned, SBd. Co. FHWA, DEMONSTRATION PROJECT 1975-76, SCH 750-70704, SBd. Co. WVTSA, Transit Service Agreement Riverside County, Transit Service Agreement *** Operating Grants to be reimbursed to San Bernardino County for advanced operating funds_ Page 3 of 4 98 saennod mod SNVNIINWO pa}eIsON pue p8pueu V : VZV17) 45 86ed uo uI688 s}ueuapueuuy :;uauayoe;;d 00 V M C9 2-4-76 co ui a • w a� EXHIBIT B R a SAN BERVARDINO COUNTY TRANSPORTATION DEPARTMENT . SBD. CO. , EQUIPMENT LEASE PURCHASES TO BE ASSUMED BY OMNITRANS Y ITEM MONTHLY RATE 4 Office Desk $ 96.00 2 Office Trailer 270.00 2 Filing Cabinet 25.00 3 Desk Calculator 148.40 3 Typewriter 127.62 page 4 of 4 • 99 sJGM0d iulor SNVNIINWO PWISOM Pue POPuOwV : tZtt,) t.9 GBBd uo uiBag sjuawpuowV :ju9wt4oellV CD ce) Cl) ui PROPOSED FOR DELETION to C=) ID 0 a 4= 0 t� ca C3 a C) C3 C) C3 0 to C3 CD (D CD 4D c> Ln n r- in to th U, Ln to Ln Ll; 1t en to tt7 LI; ui 0- cfl --3 0 w a:U- 0 CL Q)00 ui U C9 cd CO CO CO CO co co CZ CO CO CO CO CO CO CO 04 CO CO CO Uj< co N CD CD CD C:) Op CD CD CD CO C) a C) %0 C, C> a tXa I u (:� 'c� en cn c4 4 Kr cn M M 4 tn UJ uj > (n w C> C� C) 0 0- cm C3 a 0 C:) o a C3 C) C, Cl C:) a 4 M M c4 .4 4 r4 c4 c4 c4 x-4 C'n cr� LLJ U— t.0 uj = ice- z I — CN 0 C� LL-1 W to M to C) cQn to to 4m --zr Lo C:) to CM C14 CO 0 to %D qr m "D Lo to en co -zr Ln cr co w CO W C:) 0 ON al " Cj � qr r-- M — r- 'r CO ko ko C-q to Lo %ri to Lo W to < u uj LLI> = 8) V) o ui CD a LLJ LL- M C) C:) C) C) C:3 0 0 C) C) 0 0 C) CD a 0 to Cl- r- co %AD 47N M a) M " Cj %D 0 CIJ co co z . . . . . . . . . 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I- I I cn C:) I co I I I Lo C�l U3 C%j ul to cli Ln -zr Lf) • LLJ 4J (U S- 0 7M 1 (l J sG C:) ck:: 4-1 Lj &- CJ C) W 1j.. .o C/7 1J rtt Qu a: CU ed C:) L3_7 CI: 0 0 to N CJ Vi (u LLJ s.- 105 C/) C: S- t" !! r's f, "I SJOMOd w1of SNVNiINWO POWISON pue papuau V : tiZIP0 l9 06ed uo u1608 S;uawpuawbr :}uauayoeJJV LO RELATES TO SECTION 1u,rAGU Y 1-e I tV! Ui PROPOSED FOR DELETION 2/4/76 a J.. d a EXHIBIT D Does Not Include Desert IL SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT PERSONNEL TO BE TRANSFERRED I - - . J FOR 19FOzI-VATIM PURPOSES Administrative Leave Balance(2) Accrual'Rate 2� Services Officer Original Dat of Sick Vacation Sick Vacation Hourly Name Hire Leave Time Leave Time Rate Kay, Albert 5/14/62 603.96 224.02 3.70 6.15 $10.65 Salary anniversary date - 9/5/69 Transit Superintendent Pine, Alfred 9/05/52 960 320 3.70 7.69 1.20 Salary anniversary date - 4/28/75 __ansit Technician Croy, Melvin 11/7/68 213.94 24.16 3.70 4.62: 6.53 Salary anniversary date - 6/13/73 (D Accrued through 1/1/76. Zb be recalculated for 7/1/76. Vacation shmm as blank on pages 2-4 will be calculated as of 7/1/76. Q Projected County hourly rate as of 7/1/76. �3} Per Pay Period. C o Page 1 of 5 106 saennod iulof SNVN I INWO pe}e;sON pue pepuewy : trZbtp) 45 abed uo ui68e sluewpuewy :IuewyoelIv v � 2/4/76 M as d I:X11T111T D Does Not Include Desert m Y V SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT R CL PERSONNEL TO BE TRANSFERRED FOR INFORMATION PURPOSES Leave Balance O Accrual Rate © fl intermediate Clerk Typist Original Date of Sick Vacation Sick Vacation Hourly 2 Name Hire Leave Time Leave Time Rate Ecale, Janet L. 4/28/75 none 3.70 3.08 $3.71 Latham, Joyce 4/28/75 Hone 3.70 3.08 3.71 Woodard, Melissa K. 6/30/75 none 3.70 3.08 3.71 Laborer (part time) Bachelor, Richard 11/10/75 none none none none 2.59 Johnson, Allan W. 11/12/75 none none none none 2.59 *^spector - Dispatcher ,ie, Richard D. 1/20/75 none 3.70 3.08 5.30 Sharrit, Jimmie L. 3/31/75 none 3.70 3.08 5.30 Equipment Mechanic Stalker, Arland E. 2/10/75 none 3.70 3.08 5.66 Rama, Harry 3/24/75 none 3.70 3.08 5.66 Cashier I Cloud, Roger D. 7/01/75 none 3.70 3.08 4.64 Accrued through 1/1/76. To be recalculated for 7/]./76. Vacation shown T, as blank on pages 2-4 will be calculated as of 7/1/76. Q Projected County hourly rate as of 7/1/76. Q Per Pay Period. 107 saaMOd w1or SMdblINWO Me}SON Pue PapuauaV : VZ170 G5 06ed u0 UIBa13 s}uauaPuauay :1uauayoe11V v v�eo rv . �eta.,suu� uk•SC:L� M Ui - EXHIBIT D a d Y SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT v a PERSONNEL TO BE TRANSFERRED 1 FOR IKMRKA=N PURPOSES Coach Operators l� Leave Balance (D Accrual Rate West Valley Division Original Date of Sick Vacation Sick vacation Hourly O Name Hire Leave Time Leave Time Rate Burke, Morris E. 3/17/75 none 3.70 3.08 $5.00, Claasen, Glenda G. 3/17/75 none 3.70 3.08 5.00 Cole, Paul B. 3/03/75 none 3.70 3.08 5.00 - Herrerra, Rudolfo 2/10/75 none 3.70 3.08 5.00 O'Haver, Gary C. 3/03/75 none 3.70 3.08 5.00 Patterson, Hattie L. 6/17/75 none 3.70 3.08 5.00 Rodriquez, Bonnie L. 3/20/75 none 3.70 3.08 5.00 vprka, Annamae 2/10/75 none 3.70 3.08 5.00 ..inompson, Ronald M. 2/10/75 none 3.70 3.08 5.00 Turner, Mary F. 7/15/75 none 3.70 3.08 5.00 Vasquez, Philip L. 12/8/75 none 3.70 3.08 5.00 Venegas, Gloria J. 5/06/75 none 3.70 3.08 5.00 Whitford, Marilyn 10/2/75 none 3.70 3.08 5.00 Wright, Merle D. 1/8/75 none 3.70 3.0B 5.00 ® Accrued through 1/1/16. To be recalculated for 7/1/76. Vacati.cn shown as blank an pages 2-4 will be calculated as of 7/1/76. Q Projected County hourly rate as of 7/1/76. { Per Pay Period. 108 Desna Z of 5 saannod mod SNVU.L1NWO pale;SOU pue papuau V : vZtitj {.g abed uo u1688 S;u9uapu8WV :Iuawyoe4JV co U _ __ _ M U; EXHIBIT a a w SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT t4 PYkSONNBL TO W-. TRAU5FKRRF Q a FoR 1NMRwnCN PUFFS Coach Operators Leave Balance Q Accrual Rate Q Metro Division Crigi.nal Date of Sick Vacation Sick Vacation Hourly Name Hire Leave Time Leave Time Rate ` Alcarez, Bennie J. 11/24/75 none 3.70 3.08 $5.00 Basini, Bernard 3/03/75 none 3.70 3.08 5.00 Ferrin, Franklin A. 9/04/75 none 3.70 3.08 5.00 Gant, Lawrence 0. 2/10/75 none 3.70 3.08 5.00 GoIston, Ella L. 10/6/75 none 3,70 3.08 5.00 Roberson, Frances M. 2/10/T5 none 3.70 3.08 5.00 Whitten, Philip E. 3/03/75 none 3.70 3.08 5.00 %y„aach Operators Redlands/Yucaipa Division Cooper, Barbara A. 1/13/75 none 3.70 3.00 5.00 Hunt, Duaine 1/13/75 none 3.70 3.08 5.00 Irwin, Francis B. 3/03/75 none 3.70 3.08 5.00 Jordon, Thomas A. 1/13/75 none 3.70 3.08 5.00 Laurie, Shannon R. 2/10/75 none 3.70 3.08 5.00 Little, Thomas L. Sr. 9/04/75 none 3.70 3.08 5.00 Neely, Margaret E. 7/15/75 none 3.70 3.08 5.00 Neumann, Rudolph W. 7/15/75 none 3.70 3.08 5.00 Parker, Bob J. 3/03/75 none 3.70 3.08 5.00 0 3.70 3.08 5.00 While, Charles L. _ 3/17/75, none (� Accrued ttu�ough 1/1/76. Tto be recalculated for 7/1/76. Vacation sho�dn as blank on pages 2-4 will be calculated as of 7/1/76. © Projected County hourly rate as of 7/1/76. () Per Pay Period. 109 Page 4 of 5 'AffmW,, SJOMOd w1or SNVN1.INWO pa;e}sON pue papuau V : VZVO 69 abed uo u1698 s1u8uapuawV :1U9w4ue11V rn v � 2/4/76 M L6 L a EXHIBIT U Does Not Include Desert � Y SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT PERSONNEL TO BE TRANSFERRED 1 MONTHLY RATES A B C D E Laborer 427 449 471 495 519 Driver 559 587 616 647 679 Intermediate Clerk Typist 580 613 643 675 708 Cashier I 731 767 805 845 887 Coach Operator 779 823 866 909 952 Inspector/Dispatcher 831 875 918 961 1004 Equipment Mechanic 882 932 980 1029 1007 Transit Technician 931 978 1027 1078 1132 Transit Superintendent 1145 1518 1594 1674 1758 Administrative Services Officer 1518 1594 1674 1758 1846 110 RELATES TO SECTION 10,PAGE It � PROPOSED FOR DELETION � \ k § k d d a VC. CR k o k 2e >4 / - Q q 2 2 . k k 2 � 2 u � z | � | 0 2 � ' 2 | J ... ' _ k « ' \ S§ ` B2 \ / � & � � « gn / / \ / $K 2 � § § § 2 . o \ a . § � - � f K \ ® k . , i2 / 0 \ § QNT E 2 �7 k . \ � . ( Packet Pg. 35 ATTACHMENT 3 DRAFT CLEAN COPY AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, CHINO HILLS COLTON, FONTANA, GRAND TERRACE, HIGHLAND,LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO E CUCAMONGA,REDLANDS, RIALTO, SAN BERNARDINO UPLAND, AND YUCAIPA CREATING A COUNTY WIDE TRANSPORTATION a AUTHORITY TO BE KNOWN AS "OMNITRANS". L Q 3 0 a THIS AGREEMENT, originally dated for convenience on the 8`h day of March, 0 1976, is hereby amended and restated on 2016, is entered into by and z between the COUNTY OF SAN BERNARDINO and the Cities of CHINO, CHINO HILLS, COLTON, FONTANA, GRAND TERRACE, HIGHLAND, LOMA LINDA, MONTCLAIR, z 2 ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO, UPLAND and YUCAIPA, all of which are bodies politic in the STATE OF CALIFORNIA; y ai c WITNESSETH: 1° c a� WHEREAS, the County of San Bernardino (hereinafter sometimes referred to as Q "County") and the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, N Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, LO r Upland, and Yucaipa (hereinafter sometimes referred to as "Cities") have a mutual interest in cc deciding upon and implementing a public transit system to serve all the parties, and a c WHEREAS, previously certain transit service authorities served sub-areas of the 0 County, utilizing either the County of San Bernardino or San Bernardino Transit System as m transit operators; and WHEREAS, the parties now wish to continue to better coordinate transit efforts d by amending and restating the agreement used in creating a single umbrella agency which will Q provide transit services as requested by the transit service authorities, and will serve the transit needs of the San Bernardino Valley and other areas as required. �a NOW, THEREFORE, the County and Cities above mentioned, for and in Q consideration of the mutual promises and agreements herein contained, do agree as follows: Packet Pg.351 SECTION 1. PURPOSE. Each party to this Agreement has the power to own, maintain, and operate a public transportation system. Under authority of Title I, Division 7, Chapter 5, as amended, of the Government Code of the State of California, the parties desire by joint exercise of their CD common power, to create and constitute a public transportation entity separate and distinct from as each of the parties to be known as "Omnitrans", which will own, maintain, operate and N L administer a public transportation system. This transportation system will serve as .a unifying o a. umbrella agency to coordinate service desires of the various transit service authorities throughout the San Bernardino Valley, and to provide such service either directly or through subcontract with other operators. The transportation system initially absorbed the public transportation Z operations of the San Bernardino Transit System, and the County of San Bernardino z Transportation Department's Public Transit Division. Omnitrans will provide a standardized O system of fares, a universal system of transfers, and expanded transit services and facilities for the benefit of the citizens of the parties. � M c �a SECTION 2. CREATION OF AUTHORI Omnitrans was created pursuant to Section 6506 of the California Government E a Code and said Authority is a public entity separate and apart from the Cities and County which N are parties to this Agreement. LO CD SECTION 3. GOVERNING BOARD a A. Membership. o c The Authority (Omnitrans) shall be administered by a Board of Directors. m The membership of the Board of Directors shall consist of an officially designated 4 'Mayor or Council Member from each member City and four seats to be officially E c designated members from the Board of Supervisors who currently hold the office of Supervisor of the County of San Bernardino. Each City representative may Q have one alternate who shall be a Mayor or City Council Member officially E designated by the City Council. The County representatives may have one Y a alternate who shall be a County Supervisor. The alternates shall serve in an I Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 2 Packet Pg.352 official capacity and be entitled to vote only in the absence of the official representatives. B. Voting. Each member of the Board of Directors shall have one vote. A quorum shall consist of a majority of the membership of the Board of Directors, except a� that all County representatives on the Board of Directors shall be counted as one N for the purpose of establishing a quorum. Less than a quorum may adjourn from c time to time. All actions taken by the Board shall require a majority vote of the members present, with a quorum in attendance, provided, however, that adoption n m of By-laws, Amendment of By-laws, adoption of an annual budget and such other matters as the Board may designate shall require a majority vote of the entire z 2 membership of the Board. An abstention shall be considered neither an o 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. e � C. Meetings. _ M Regular Meeting c The Board of Directors shall provide for its regular meetings; E a provided, however, it shall hold at least one (1) regular meeting during N each quarter`-of each fiscal year. The dates, hour, and place of the holding of the regular meetings shall be fixed by the Board by resolution. LO d Ralph M. Brown Act. a All meetings of the Governing Board, including, without o c limitation, regular, adjourned regular, and special meetings, shall be m called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the c Government Code). a Minutes. c The Secretary of the Board shall cause to be kept minutes of E s regular, adjourned regular, and special meetings of the Governing Board, w a and shall cause a copy of the minutes to be forwarded to each member of the Board and to each of the parties hereto. Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 3 Packet Pg 353 D. Officers. The Board shall select a Chairman, a Vice Chairman, and other necessary officials. The Secretary shall be the Chief Executive Officer of Omnitrans. The Treasurer of the Authority shall be the Chief Executive Officer of Omnitrans who shall be the depositary and have custody of all money of the Authority from d whatever sources. Omnitrans' Director of Finance shall be the Controller of the a N L Authority and shall draw all warrants to pay demands against the Authority.' The c 0. Attorney for the Authority shall be designated by the Board. The public officers or persons who have charge of, handle or have access to any property of the Cn Authority shall file an official bond in accordance with Section 6505.1 of the California Government Code. The Authority shall have the authority to appoint Z or employ such other officers, employees, consultants,'advisors, and independent o contractors as it may deem necessary. � N E. Functions. °' The Board of Directors shall perform the following functions: Adopt the budget; _ Appoint a Chief Executive Officer; E a Appoint a technical committee; N Establish policy, including but not limited to: (a) Uniform fares; i a) (b) Procurement Policies; a (c) Personnel Policies c rte; Adopt rules and regulations for the conduct of business; and m g (6 Perform such other functions as are required to accomplish the purposes of N d this Agreement. E E SECTION 4. POWERS. Q w Omnitrans shall have the common power of the parties to own, operate E and maintain a public transit system; and, in the exercise of the power under this Agreement, w w a Omnitrans is authorized in its own name to: Sue and be sued; Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 4 Packet Pg.354 Employ agents and employees and contract for professional services; M Make and enter contracts; Acquire, convey, construct, manage, maintain and operate buildings and improvements; Acquire and convey real and personal property; a, U Incur debts, obligations and liabilities, provided, however, the debts, L obligations and liabilities incurred by Omnitrans shall not be, nor shall o a. they be deemed to be, debts, obligations, or liabilities of any party; Levy a fee, assessment or tax n U) Power of eminent domain Invest funds not required for immediate use as the Board determines z advisable - - in the same manner and upon the same conditions as other O local entities in accordance with�Sectio 53601 of the Government Code; and Do all other acts reasonable and necessary to carry out the purpose of this Agreement. _ Such powers are subject to the statutory restrictions upon the manner of E Q exercising the powers of the County of San Bernardino. N le SECTION 5. FISCAL YEAR. i m For the purposes of this Agreement, the term "Fiscal Year" shall mean the twelve a (12) month period from July 1 to and including the following June 30. o m SECTION 6. FINANCIAL SUPPORT. 4 as At the time of preparing Omnitrans annual proposed operating budget and E proposed capital expenditure budget, the Board shall consider the amount of financial support to be allocated by the San Bernardino Associated Governments (SANBAG) on behalf of members' Q jurisdictions. SANBAG as the Transportation Planning Agency for San Bernardino County, and E acting as the County Transportation Commission, is responsible for allocating Transportation r Q Development Act (TDA) funding sources for transit and non-transit related purposes that comply with regional transportations plans. Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 5 Packet Pg.355 The TDA provides two funding sources: 1. Local Transportation Fund (LTF), which is derived from a '/ cent of the general sales tax collected statewide. 2. State Transit Assistance fund(STA), which is derived from the statewide sales tax on gasoline and diesel fuel. d a� SECTION 7. CHIEF EXECUTIVE OFFICER a N L The Chief Executive Officer of Omnitrans shall serve at the pleasure of 44dupan c a the terms prescribed by the Board of Directors. The Chief Executive Officer shall be responsible for carrying the policy and cn directives of the Board of Directors. The duties of the Chief Executive Officer shall include: a 1. The preparation and submission to the Board of Directors of the annual operating and z 2 capital improvement budgets; O 2. The appointment, assignment, direction, supervision, and subject to the personnel 2 M N rules adopted by the Board of Directors, the discipline or removal of Omnitrans employees; 3. Advising the Board of Directors concerning all matters relating to the operation of Omnitrans and the various programs of work, promotion and expansion; E a 4. Providing periodic financial reports covering Omnitrans and its operations in the N manner and at the times determined by the Board of Directors; and 5. Approving for payment, under the procedure adopted by the Board of Directors, all LO d valid demands against Omnitrans. a 0 c SECTION 8 TREASURER m "he Treasurer of the Authority shall receive, have custody of, and disburse a� Authority funds pursuant to the accounting procedures developed by the Authority Board in E c conformance with Government Accounting Standards, and shall make disbursements required by this Agreement to carry out any of the provisions or purposes of this Agreement. a c d ;_ s Q Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 6 Packet Pg.356 I SECTION 9. CONTROLLER. The Director of Finance, as Controller, shall issue checks to pay demands against Omnitrans, which have been approved by the General Manager. He shall be responsible on his official bond for his approval for the disbursement of Omnitrans money. The Controller shall keep and maintain records and books of accounts on the basis m � a of the uniform classification of accounts adopted by the State Controller. The books of accounts shall include records of assets and liabilities. c a. S SECTION 11. PARTIES' LIABILITY. n m Each parry to this Agreement, whether individually or collectively, does not Z assume, nor shall a party be deemed to assume, liability for: z Any act of Omnitrans or for any act of Omnitrans agents or employees; O The payment of wages, benefits, or other compensation of officers, agents U) or employees of Omnitrans; or The payment of workmen's compensation or indemnity to agents or employees of Omnitrans for injury or illness arising out of performance of c this Agreement. a N SECTION 12. ASSIGNABILITY. With the unanimous approval of, and upon the terms agreed upon by the parties Ln d hereto, all or any of the rights and property subject to this Agreement may be assigned to a facilitate, under the direction of another, the purpose of this Agreement, provided, however, no 0 c right or property of Omnitrans shall be assigned without compliance with all conditions imposed Q tn m by any State or Federal entity from whom Omnitrans has procured financial assistance. d E c SECTION 13. ADDITIONAL PARTIES. Any general purpose local public jurisdiction may join Omnitrans. Any such a _ jurisdiction so joining shall become a member subject to: s Approval of the Board of Directors; w a Execution of this Joint Powers Agreement. Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 7 Packet Pg. 357 Any such agency meeting the above conditions shall be entitled to appropriate representation on the Board of Directors as provided in Section 3. m SECTION 14. TERM. L This original Agreement became effective on March 3, 1976, and this Amended a N and Restated Agreement shall become effective on and shall continue in force until terminated by mutual agreement of the parties. a c 0 SECTION 15. WITHDRAWAL OF PARTY. �" z a Any party may withdraw from this Agreement as of the first day of July of any z year following six (6) months' notice to the other parties by resolution of intent to withdraw 0 adopted by the legislative body of the party. A withdrawing party shall be compensated for its d total capital asset value contributed less appreciation, by return of capital assets and/or cash d payment, over a period not to exceed five (5) years, the method to be determined by the Board of �v Directors. � w _ d E SECTION 16. DISSOLUTION PROCEDURES a A. General Provision. v v If this Agreement is terminated, assigned, or transferred in whole or in - part, except as provided in subsection B., all assets owned by Omnitrans shall be a distributed to the parties. Distribution to each party shall be made in the same o proportion as that reflected in the parties' accumulated capital contribution r d accounts as shown in the Controller's books of accounts. Cash may be distributed °y lieu of property or equipment. E AL 0 _0 lqh 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 Q (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 of Directors, and w those referees shall appoint a neutral referee. Q Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 8 Packet Pg.358 This Agreement shall not terminate until all property has been distributed in accordance with this provision; and the winding up and property distribution hereunder shall be effected in the manner calculated to cause the least disruption w to existing public transportation service. B. In the event that Omnitrans opts to dissolve for purposes of changing,;,its m governance structure, all assets and liabilities will transfer to the successor L d agency. o a Y 0 SECTION 17. PARTIAL INVALIDITY. n Cn If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void, or voidable for any z reason whatsoever by a Court of competent jurisdiction, each and all of the remaining terms, O provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby, N and shall be valid and enforceable to the fullest extent permitted by law. _ v SECTION 18. SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the successors of E a the parties. N 4* SECTION 19: MULTIPLE COUNTERPARTS LO d This Agreement may be executed in multiple counterparts and a copy may be a _ used as an original. 0 d m IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be d executed and attested by their proper officers thereunto duly authorized, and their official seals to E _ be hereto affixed, as of the day and year first above written. a (D E U N r w a Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 9 Packet Pg.359 Dated: COUNTY OF SAN BERNARDINO ATTEST: _ Clerk of the Board Laura Welch Chairman,Board of Supervisors James Ramos E a� L Q Dated: CITY OF CHINO d 3 ATTEST: a c City Clerk Angela Robles Mayor Dennis R. Yates z Dated: CITY OF CHINO HILLS ~ z 2 O ATTEST: a� N C1 City Clerk Cheryl Balz Mayor Cynthia Moran d Dated: CITY OF COLTON _ aD E ATTEST: a N City Clerk Carolina R. Padilla Mayor Richard A. DeLaRosa w Dated: CITY OF FONTANA a 0 ATTEST: _ m N City Clerk Tonia Lewis Mayor Acquanetta Warren E Dated: CITY OF GRAND TERRACE E Q ATTEST: _ m E .c City Clerk Pat Jacquez-Nares Mayor Darcy McNaboe w Q Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 10 Packet Pg.360 Dated: CI rY OF HIGHLAND ATTEST: r c City Clerk Betty Hughes Mayor Larry McCallon E d L Dated: CITY OF LOMA LINDA Q L ATTEST: o a r c City Clerk Pamela Byrnes-O'Camb Mayor Rhodes Rigsby U) z Dated: CITY OF MONTCLAIR z ATTEST: 0 Deputy City Clerk Andrea M. Phillips yor P MM. Eaton Dated: CITY OF ONTARIO Q v a� ATTEST: c a� E City Clerk Mary E. Wirtes Mayor Paul S. Leon N IT 7t Dated: CITY OF RANCHO CUCAMONGA a� a� ATTEST: a k 0 City Clerk Janice C. Reynolds Mayor L. Dennis Michael Q m Dated: CITY OF REDLANDS E ATTEST: E Y City Clerk Sam Irwin Mayor Paul W. Foster w Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 1 1 Packet Pg.361 Dated: CITY OF RIALTO ATTEST: City Clerk Barbara A. McGee Mayor Deborah Robertson E a� Dated: CITY OF SAN BERNARDINO Q or L ATTEST: o a c City Clerk Georgeann Hanna Mayor R. Carey Davis U) z Dated: CITY OF UPLAND W z ATTEST: 2 0 r M City Clerk Jeannette Vagnozzi Mayor Ray Musser a v Dated: CITY OF YUCAIPA a a� ATTEST: � d E a City Clerk Jennifer Shankland " Mayor Dennis Hoyt N T av d O _ _ d E _ E a w E U R w w Q Omnitrans-Proposed Joint Powers Agreement-Amended&Restated—Clean Copy 12 Packet P ATTACHMENT 4 5.G.c COMMENTS FROM JPA MEMBER ENTITIES � 303 EAST"B"STREET,CIVIC CENTER ONTARIO `'ycdgPoWED CALIFORNIA 91764-4105 (909)395-2000 FAX(909)395-2070 c m PAUL S.LEON AL C.BOLING ai MAYOR CITY MANAGER DEBRA DCRST-PORADA November 16, 2015 MARY E.WIRTES,MMC N MAYO R PRO TEM CnYCL'zRK 4) ALAN D.WAPNER JAMES R.MILKSER a JIM W.BOWMAN TREASURER PAUL VINCENT AVILA p COUNCIL MEMBERS n to Z Q P. Scott Graham � Chief Executive Officer/General Manager Z Omnitrans O 1700 West Fifth Street d San Bernardino, CA 92411 N G1 Re: Comments on Proposed Changes to Omnitrans' Joint Powers Authority Agreement c �a Dear Mr. Graham, Thank you for the opportunity to comment on the proposed changes to Omnitrans' Joint Powers E Authority(JPA) agreement. The City of Ontario appreciates the services rendered by Omnitrans, a and, as a member agency, seeks to position the organization for even greater success. It is our N hope that the following comments, made per the recommendation of our City Attorney, will � enhance the agreement and allow for effective administration in the coming years. LO a� T. Mitigation of Risk to Member Agencies � a c As Omnitrans considers operation of new services, including passenger rail service, there is a o higher risk for tort liabilities to the organization. Ontario seeks to ensure that these risks,especially a, those which can be passed through to member agencies, are mitigated to the fullest extent. m to Organizational structure is one way to mitigate risk. For example, there are no pass through liabilities for members of a statutory entity. Members of a JPA, on the other hand, can be held liable for torts of the JPA. As such,there must be a discussion amongst the member agencies on whether it is to Omnitrans' advantage to reorganize as a statutory entity. Q _ Should the members determine that it is not, and that a JPA is indeed the preferred form of m E organization, it is not enough to merely indemnify the members against liabilities. In addition to U the existing provisions in Section 11 of the JPA agreement,it would be.useful to add the following w protections to that section: Q www.ci.ontario.ca.us Printed on r o Packet Pg.363 A. Indemnity: Provided that a party has acted in food faith and in accordance with this Agreement, the Authority shall defend, indemnify and hold such party free and harmless from any loss, liability or damage incurred or suffered by such party by reason of litigation arising from or as a result of any of the following: the party's participation in the Authority,or any other act performed or to be performed by the party pursuant to this Agreement, provided, however, that such a indemnification or agreement to hold harmless pursuant to this Section shall be a recoverable only out of Authority assets (including insurance proceeds) and not ;n d from other parties to this Agreement. o a B. Risk Management and Insurance: The Authority shall employ the o principles of sound risk management in its operations. Risks shall be identified, evaluated, and treated in a manner that protects the Authority and each party to this a Agreement. The Authority shall acquire and maintain throughout the term of this W Agreement insurance in the amounts and types necessary and sufficient to protect ~ the interest of the Authority and each party to this Agreement. Unless otherwise o agreed upon by the Board of Directors, each party hereto shall be named as an additional insured on the Authority's liability coverage. These additional requirements will more thoroughly ensure that member agencies are protected W from tort liabilities of the Authority. 11. Additional Proposed Changes to the ,IPA Agreement c a: Aside from the above comments on member liability, Ontario also has several comments on the a remainder of the proposed agreement. Please consider these additional comments, by corresponding section in the agreement: v 1. Section 3 LO w a� Section 3.13. addresses the voting of members, Please consider adding in the following clause: a. C 0 "Votes to issue bonded debt shall require a majority vote of the total membership." m m 2. section 4 d Section 4 addresses powers of the Authority. Please consider adding in two additional powers to E the list, which currently ends at(10): E a 1. (11)Obtain insurance 2. (12)Apply for grants under federal, state and local programs d E 3. Section 9 � Section 9 addresses the powers of the Director of Finance,as Controller of the Authority. Please consider adding in the following provisions: 2 Packet Pg. 364 1. "There shall be strict accountability of all funds by the Controller.All.revenues and expenditures shall be reported by the Controller to the Board of Directors on a quarterly basis, unless otherwise required by the Board of Directors." d 2. "Books and records of the Authority shall be open to inspection at all times E during normal business hours by any representative of a member of the Board of Directors, or by any accountant or other person authorized by a member of a the Board of Directors to inspect said books or records." 0 4. Section 10 a Y _ 0 Please note that there is not currently a Section 10 in the proposed amended agreement, Ontario N would propose adding the following as a new Section 10: Z a Of "SECTION 10. BUDGETS AND ACCOUNTING z 2 The Chief Executive Officer shall prepare and submit to the Board of 0 Directors in sufficient time for revision and adoption prior to July I of each year, the annual budget of the Authority for the next succeeding Fiscal Year. o! All expenditures of the Authority shall be within the approved annual = budget and in accordance with the bylaws of the Authority and all applicable rules, policies, and procedures adopted by the Board of Directors. No expenditures in � excess of those budgeted shall be made without the approval of the Board of Directors. ¢ The books of account and other financial records of the Authority shall be audited annually, or biennially if so authorized by the Board of Directors, by an independent certified public accountant and any cost of the audit shall be paid by LO the Authority. The mihimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance a with generally accepted auditing standards.The annual audit,or biennial as the case = znay be,shall be submitted to the Board of Directors when completed." 0 0 III. Conclusion 0° cn Thank you for your consideration of these comments. Ontario remains committed to the success E of Or nitrans,as both a service provider and as a JPA. If you would like to discuss these comments = further,or if you have any questions,please contact my office at(909)395-2395. E Q Sincerely, _ m E i Al v C. Boling City Manager 3 Packet Pg.365 5.G.c Vicki Dennett "orn: Larry Mainez almainez @cityofhighland.org> Sent; Tuesday, November 17,201S 12:48 PM To; Vicki Dennett Cc: Penny Lilburn;Joe Hughes;Craig Steele Subject: Omnitrans JPA Amendment Comments E m m L Hello Vicki. Thanks for the opportunity to view and provide comments on the draft Omnitrans JPA Amendments, and thanks for N answering my questions over the last few weeks. 3 0 a As promised,the following is a list of the City's general comments for Omnitrans consideration. 0 n 1. The proposed Amendment appears to be the first time the City of Highland will officially appear in the JPA z document body although the City officially became a member in 1988 (by Board action in April, 1988). Perhaps it would be beneficial for historical purposes to include brackets(..) in the first paragraph after the name of the �- cities that joined after the sixth amendment-the date the city joined the JPA. This would include Chino Hills, z Highland,and Yucaipa. 0 2. As I understand Section 2 (B), a majority of the 19 members(4 County and 15 City Members) is required for a quorum which means 9 members must be present for a quorum. Is this correct? 3_ Section 3 (E)(4)(c) list"Personnel Policies" as a function of the JPA. This is understood to be a catch all function related to the development of personnel benefits, rules,and regulations—correct? 4. Section 4(8)"power of eminent domain"is a new provision added to the JPA. It appears to compliment Item 5 �a of the same section related to the power to"acquire and convey real and personal property". Your background 0 explanation and past dealings with SANBAG in regards to eminent domain was helpful. However,the City of CD Highland would respectfully request that the city members be afforded additional time and/or further a consideration to weigh costs and benefits of circumstances when Omnitrans invokes eminent domain in their jurisdiction. N N 5. Section 9,Controller-still includes reference to a "General Manager". I believe you indicated the title General Manager will be changes to"Chief Executive Officer"throughout the JPA document. 6. Section 15, Withdrawal of Parties-notes that a withdrawing party shall be compensated for its total capital asset value contributed. in terms of the City of Highland it is not yet clear what that value is—but perhaps it a may be limited to the initial $5,000.00 contributed back in 1988. If we could receive some clarity an this o provision it would be helpful. r- 7. Section 16(B), Dissolution Procedures-states that in the event Omnitrans opts to dissolve for purposes of changing its governance structure, all assets ... will be transferred to the "successor agency". The "successor agency" in this reference means perhaps a new"transit agency"and not a city agency—correct? Perhaps a brief c definition of"successor agency" is would be helpful but not necessary if it is understood to be a "transit E agency" E The City appreciates the opportunity to review and comment on the proposed JPA amendment. Should you have any Q questions please do not hesitate contacting me. E Thanks w w Q Lawrence A. Mainez `;ommunity Development Director 'ity of Highland 27215 Base Line Highland CA 92346 1 Packet Pg.366 Vicki Dennen From: Elizabeth M. Calciano <ecalciano @hensieylawgroup.com> Sent: Monday, November 16,2015 12:35 PM To: Vicki Dennett Cc: Mark D. Hensley . Subject: FW: CH -Omnitrans Proposed Joint Powers Agreement Amendment-Question m L Dear Ms.Dennett: `t N L Our office serve as City Attorney for the City of Chino Hills. Comments were to be provided to you today pursuant to the o email below, but I have a question and would like to discuss with the appropriate person at your agency before a providing comments. Could you please call me,or have the appropriate person call me,at 626-437-3865 to 0 discuss? This is my question: —' Z This amendment to the agreement provides the JPA with the power of eminent domain and the power to levy fees, w o: taxes and assessments. z 2 The City will only have one vote on the Board, and these are significant powers. Why would the transit authority need 'a these powers, in particular the power of eminent domain. The comment bubbles indicated that the Executive Committee directed that the power of eminent domain be included in this draft for discussion. Also, has there been any discussion of providing a clause that would give veto power to a public entity's council/board if eminent domain is exercised within that public entity's jurisdiction? _ �a v a� Thank you, _ m E Elizabeth M.Calciano Q 626-437-3865 N 7 Hensley Law Group 2604 W. Olive Avenue,Suite 500 "' m Burbank,California 91505 818-333-5120 Office r_ 818-333-5121 Fax ° c 626-437-3865 Cell ecalciano@hensleylawgroup.com m www.hensleylawgroup.com c a� E M This is a transmission from the Hensley Law Group. The information contained in this email is confidential and may be protected by the attorney-client and/or attorney work-product privileges.This information is intended solely for the use of E the individual or entity to whom it is addressed. If you are not the intended recipient, please contact the sender and delete c all copies. Begin forwarded message: r From:Scott Graham <Scott.Graham omnitrans.org> Q Date:October 7,2015 at 5:37:16 PM PDT To:Alan Wapner<dsheasby @ci.ontario.ca.us>,Alan Wapner<awapnered.ontario.ca.us>,Carey Davis <davis ca sbcitV.orA>, Carey Davis<Estrada EVPsbcity.org>, Curt Hagman <Curt.Hagman bos.sbcountv.gov>, "Curt Hagman"<Katherine.Kolcheva bos.sbcou�>, Curt Hagman<Mariorie.RashidyanCcDbos;sbcountv.gov>,Curt Hagman<Jeff sore nson @bos.sbcounty.eov>, t Packet Pg. 367