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CC 2013-02-12_08.e. Amendment of Joint Powers Agreement with SLORTATO: FROM: BY: MEMORANDUM CITY CQUNCIL STEVEN ADAMS, CITY MANAGER ~ JILLIAN RICE, ADMINISTRATl"1E INTERN ;e SUBJECT: CONSIDERATION OF AMENDMENT TO THE JOINT POWERS AGREEMENT WITH THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHQRITY DATE: FEBRUARY 12, 20.1.3 RECOMMENDATION.: It is recommended the City Council adopt a Resolution approving th.e amended San Luis Obispo TransitAuthority Joint Powers Agreement. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No impact on financial or personn·e1 resourc:;es is projected. BACKGROUND: The County of San Luis Obispo and all of the cities within the County, includin·g Arroyo Grande, are members of the Regional Transit Authority (RTA). The purpose of the RTA is to operate and administer the countywide transportation agency. In 1990, the parties were sig·natories to the original Joint Powers Agreement (JPA). The JPA was subsequently amended in 1998. RTA staff worked with the RTA Counsel to review and modify the current JPA document in order to address the two issues noted below. All changes to .the JPA must be ratified by each member agency and the County. The final JPA must also be. submitted to the Secretary of State Within 30 days of the effective .date of the amended JPA. ANALYSIS OF ISSUES: Recently, the Executive Director reported to the Board that the JPA does not offer member cities the opportunity to appoint alternate representatives. Additionally, the JPA does not expressly provide the organization with the ability to incur debt. While redrafting the agre~ment, RTA's Counsel further took the opportunity to update the document. These adjustments are fairly minor and relate to altering reference names. Specifically, modifications were made to amend the organization name from "SLORTA" to "RTA" and change the head of the RTA Board's title from ''Transit Manager" to "Executive Director" where appropriate. Item 8.e. - Page 1 CITY COUNCIL CONSIDERATION OF AMENDMENT TO JPA-SAN LUIS REGIONAL TRANSIT AUTHORITY FEBRAURY 1:2, 2013 PAGE2 Currently, the Joiot Powers Agreement, 'fhat was established to cr:eate the Regiorial Trans·it Authmity, does not allow the cities within San Luis Obispo County to appoint alternate rei;>re.sentatives to the RTA B:oard. Since RTA Board meetings are .generally held bimonthly in the first week of July, September, Novemb~r. January, March, and May, recomrnt3ndations bav.e lDeen mase to amend the JP;A. ih order to allow cities t0 prov.ide. alternate represer:itation in the· event of an official repr~sentative's absence. Modifying the .JPA to allow member cities. to :elect altemate represe1;1tC1tion would help alleviate potential problems associated with the. absence of aA 0fficial representafate. Each city's, e1iternate representative W©'uld be electes from each. r:nember's city council and would o.n\y be allowed to 'vote. in the absence of their o.fficial representative. Furthermore, recommendatior:is h·ave h>een made to all.ow the RTA tne ab'ility to incur debt. Since the ,JPA does not expressly p:ermit the RTA to acquire debt; the RTA has more limited ·optior:is when trying to obtain funding. Authorizir;ig the RTA to incur debt would help ,finance the operati0ns of the RTA while alse increasing the potential for future RTA expa_nsion. · ALTERNATIVES: The following alternatives are pi::ovidec:':I for City Coun.cil cor:isiderC1tlon.: 1. Adopt a Resolutien approving .staff's recommendations to approve the amended San LuTs Qt:>ispo Transit Authority Joint Powers Agreement; 2. Propose other r:nodificati0ns to the draft Joiht Powers Agreement; or 3. Provic:te diredion to staff. ADVANTAGES; Allowing ea·eh city to elect alternate mer:nbers of representa'tlon would help increase. each city's involvement in the Regional Transit Authority. Permitting alternate members to vote in the absence of efficial representatives would increase effiCiency by helping the RTA B.0ard accomplish their agenda in a timely manner while also maintaining each city's input and suppoct. Additionaily, amending the JPA to authorize. the RTA to incwr debt weuld help the RTA. finance operations and increase the p:o·ssibility for future expansioos. · DISADVANTAGES: Having alteroate members involved oh the RTA Board could decrease the influence of official representatives by allowin·g a'lternate members to v.ote .in their absence. Mor:eover, cforing uncertain financial times, organizations are 17>resented with more obstacles to paying their liabilities>. Therefore, authorizing the RTA to incur debt could increase long-term finaocial challenges. · ENVIRONMENTAL REVIEW: N0 envimnmental review is required' f0r this itern. Item 8.e. - Page 2 CITY COUNCIL CONSIDERATION. OF AMEr\IDMENT TO JP'A-SAN LUIS REG'IONAL TRANSIT .AlJTHQRIJY FEB.RAU:RY 1:2, 2013 PAG.E 3 PUBLIC ~OTIFICATIOJ\J Ar\ID COMMENTS: The Agenda Was posted in fr.0nt of Gity Halt .op Thutsttla¥, Feb·ruary' 7, 2Qt3 aric:i 0n the .City's Website on f:riday, Febrnary a. 2013. No public.C0mmentswere re.ceivec:i,. Attathm·ents: 1 .. _Draft Joitlt Powers Agreement 2. Jdint Pctwers Agreemerit shewing reco_mmended tbi:ftlges with strikeo.uts ane underliri'ing. Item 8.e. - Page 3 RESOLUTION NO. A RESOLUTION OF THE. CITY COUNCIL OF THE CITY Oi= ARROYO GRANDE APPRdVING THE AMENDED JOINT POWERS AGREEMENT BETWEEN THE C.OUNTY .AND THE INCORPORATED CITIES WITHIN THE COUNTY .FQR THE SAN LUIS OBISPO RE,GlONAL TRANSIT AUTHORITY WHEREAS, Se:ction 6.5DD et seq. of the California Government .Code (Title 1, Div. 7, Chapter 5, Article 1} prov.iees for agreements· between two Qr more public agencies to jointly exercise an:y power G@mmon to the contracting parties, subject to certain mandatory provisions· contained therein; and WHEREAS, the Cities anGI the County have previously entered into a joint powers agreement to provide regicmal transportation services in 1990 which agreement was amended in 1998; anc::I WHEREAS, there is further need to amend the agreen;ient to prov.ide for alternate members, permit the organization to incur debt, and to make other' minor modifications. WHEREAS, agreed upon procedures help establish. a process for obtaining City Council direction< in a timely manner when necessary. NOW, THEREFORE,. BE IT RESOLVED by the City Council of the City ef Arroyo Grande as follows:, 1. The amended Sar::i Luis Ob'ispo R·egional Transit Auth·ority Joint Powers Agreement, attached hereto and inco~porated herein by this. reference., is hereby approved; and 2. The Mayor is hereby authorizec::I to sign the amended Agreement.c:m behalf of the City of Arroyo Grar:ide. On motion of Council Member , seconded by Coi:.meil Member and on the following roll call vote, te wit: AYES: NOES: ABSENT: The foregoing Resolutionw.as. i:;>assed and adoptee this __ day of February; 2013. Item 8.e. - Page 4 RESOLUTION NO. PAGE2 TONY FERRARA,. MAYOR ATTEST;1. KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS', CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 8.e. - Page 5 SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT WITNESS ETH: Attachment 1 Th.is Agreement is made and entered into this 9th day of March, 199.0, and amended on 2nd .day of September, 1998, and further amended on , 2013, by and among the incorporated cities of Arroyo Grande, Atascadero, EL Paso de Robles, Grover Beach,, Morro Bay, Pismo B·each and San Luis Obispo, all being municipal corporations in tbe County of San Luis ObispQ, California (hereinafter called "Cities") and the County 0f San Luis Obispo, a body politic ar:id corporate, and a subdivision of the State of California, (hereinafter called "C0unty"). WHEREAS, Section 6500 et seq. of the California Government Code {Title 1, Div. 7, Chapter 5, Artiele 1) provides for agreements b.etwe.en two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory previsions contained therein; and WHEREAS, the Cities and County have previously entere<!l ,into a joint powers agreement for the formation of the San Luis Obispo Council of Governments for the purpose of providing, among other things, for a regional transportatien agency; and WHEREAS, the San Luis Obispo Council of Governments .. at C3 regularly held meeting on May 10, 19~9., voted to consolidate the administration of several transportation systems through a regional transit joint powers agreement. NOW THEREFORE, it i~ agreed as follows: ARTICLE I General Provisions Section 1. Purpose: The purpose of this Agreement is to exercise the common powers of the membe( agencies for the formation of a Joint Powers Agreement with full power and authority to own, operate and administer a county-wide public transportation system within the boundaries and over the territory over which the Joint Powers Agency has jurisdiction. Section 2. Name: The official name of the .entity shall be San Luis. Obispo Regional Transit Authority ahd hereafter referred to as RT A. ARTICLE II Organization Section 1 . Board Members: The membership of the RT A Governing Board shall be the same as the membership of the San Luis Obispo Council of Governments (hereinafter referred to as SLOCOG). .1 Item 8.e. - Page 6 Attachment 1 :Sedi0n 2. Berard Meetings -Voting "' Qu0rum: Regular meetings. shall be ',generally held in the 'first week C!>f July, Septer:nher, Novemb·er, January:,, Mar:ch and May or as specifie·d .in a biannually adopted me·etin·g calendar. Spe:cial meetings may be called by the Presiderator upon wrifteh [e'quest of at least three (3~ r:nemfu·er:s. ©f the RIA Board. · \totir;ig and Ci.JUorum ~r0visions shall l!>e the same .as. tbo:se i::>ro\liided in the SLOOOG J0iot Powers Agreerneot. Secti0n 3, Officer:s: The 1Qfflc.er:s of SLOQOG shal[ .serve c:iS .Qfficers of RTA Sectien 4. Exeeative Dire€t0r: The RTA B.oar:d shall c:le.signate ao Exec.uthte Diracto.r to oi:;>.er:ate RTA The Executive 1 Directo.r sh.all .serve at the p_leasur:e of the RT A Bo.a rd, with delegated. power;,s. te '€edify do,euroeots· of th.e RT A Board as reqajred by tbe law 1 an·d to ass.ume. s.ueJ:i duti.e~ and re.spon$ibilities <3S the ·soard may direct. Section 5. Members.: 1 . The Couo_ty Gf San Ly Ts' Obispo c:iDd all citie$ in,eorporated ih the CoUntY :of S:an Luis Obi.spa pr:e.sently o.r ih the future., 'Ci.re cieilarecl eligible. fbr · rnern_ber:sbip. 2. Meni ber cit~· agencies may elect .fo have an alter:nale· meniber(s) from their City c0.un'Cil in addition lo any .official m·ernber, but .said altemate(:s) sh'all be able to v0te only in the absence of the. o.fficial representative . . 3. Mem·fuership sh'all be continge1:1t upon the execution orthis J.0int Powers Agreement. Secti0.n .6.. Boundaries am:il Service. Levels: The service area bot:ine::laries· shall be all of fhe. ar:ea withiA the 'h>:o.anc:lar:ies of S.an Luis Obis.~o Ceunty as d:esignate.d by the RTA B:oard, Aoy ade::litional. s.erv,ices IDe,yond .the level re:c.ommende.d by the. R~gi0.nal Ttansportation Pl.an or mandated in the Unmet Transit Ne:ee::l.s He:aring (PUO Se.cticm ,9.9401.5) may be instituted, l::J.ut shall require ananir:moas. a(:!>pr0Nal of affected jur:isdictiens, withl co:sts fer the, e).(tr:a :servicm to b.e Glistril:>.uteEl on the basis of formula ctevel©pe~ 0,y the RTA Be·arc:I members representing the; affected jurisdictions. Se.cti0n 7. Gemr:nittees: 1. .CoQ1mittees 'qnd subcommittees may be established as RTA may deem appropriate. · 2. Membership on "ad.:Hoc~· pdlicy committe~es shall be at the discretion 0f the President. Nothing herein sha·11 b·e, t©nstrued. fo limit membership on these aforesaid committees· to .. 0fffcials ofthe: membe·r agencies. The Item 8.e. - Page 7 Attachment 1 President may appoint any .individual deemed qualified to serve on a committee. 3.. ·Standing committees shall include the: a. Regional Transit Advisory Committee (RTAC) serving as a Regional Transit Productivity Committee to advise the Board on the efficiency and effectiveness of the transit system. b. An Executive Committee. comprised of the President, Vice President and the past President and at least one representatives from the county of San Luis Obispo (if none of the above) shall advise the Executive Director and RTA on~ draft agendas, personnel issues, budget and Overall Work Program; eontroversial, .sensitive and major policy issues; and shall faeilitate the annual perf0rmance evaluati0n .of the Exe·cutive Director. Items for review shall be sele€ted t:>y th·e E:xeeutive Directer in consultation with the President. All Committee members may include a@enda items as they c:iesire. For purposes of conducting business., tw0 members shall constitute a quorum. 4. No committee shall commit RTA on .any matter or questions of policy. Such matters or questions can only be decided by RT A. 5. All committees shall receive clerical assistance from RTA staff and, by agreement, SLOCOG staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chair of each committee shall sign the original copy of the minutes indicating verification of contents upon committee adoption. Copies of minutes of all meetings shall be sent to members of RTA and the Executive Director. ARTICLE Ill Financial Provisions Section t. Budget: The Executive Director shall prepare .. an annual budget for RTA adopJi0n prior to commencement .of.each fiscal year. The appr;0:val of tbe Annual Budget shall be Ln accordance with those procedures prescribed by the .Joint Powers Agreement ofSLOCOG. Accountir:ig practices to be applied will conform with those used by San Luis Obispo County, consistent with Transportation Development .Act rules ar.id regulations. A Consolidated Fund balance and cash balance will carry forward from one year to the next. Item 8.e. - Page 8 · Attachment 1 The budget may additionally carry funds for future fiscal years where necessary to develop a multi-year capital Improvement Program and to refle,ct obligations under state or federal funding agreements, to the extent allowable by CalifQmia law. No member Agency shall. be required to expend any of its genera! fund monies to support the operations Qf RTA. The operation of the transit system shall be funded from revenues derived from operations, member Transportation Development Act fund contributions, grants, and any other appropriate revenue sources. Each member agency shall make an annual contribution to RTA ih accordance with the adopted budget.. Any formula may be amended upon approval of all jurisdictions affected by that formula and ratified by RT A. · All population percentages utilized shall be those annually adoptee by SLOCOG for allocating Transp0rtation Development Act Funds based annually on estimates prepared by the State. Department of Finance pursuant to Section 2227 of th·e Revenue and Taxation Code for cities and by the County Planning Department for unincorporated communities. Section 2. Expenditures: RTA may establish procedures and policies to insure competitive prices for the purchases of goods and services. Formal bidding shall not be required unless directed specifically by RTA or unless required by state or federal law. Particularly in the purchase of equipment, including buses, RTA may c.onsider the design, maintenance and or:>erating costs, and. other similar factors in determining the most suitable equipment and need not purchase equipment having the lowest initial cost. Section 3. Treasurer and Auditor: Pursuant to Government 0Qde Section 6505.5, the Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of RTA. The Treasurer shall have the powers and duties set forth in Government Code Section 6505.5. The Auditor/Controiler of the County of San Luis Obispo is designated as the Auditor of RTA pursuant to Government Code Section 6505.5. Section 4. Annual Audit: RTA shall cause an annual audit to be prepared and filed in accordance with Government Code Section 6505 and Public Utilities Code Section 99245. Section 5. Annual Report: The Executive Director shall prepare and submit an annual report of the operations to the RT A Board, SLOCOG and State. Controller within 90 days of the end of the fiscal year pursuant to Public Utilities Code, Section 99243. Section 6. Periodic Reporting: The RTA Board may require periodic reporting of ridership, finances, or other information. It shall be the responsibility of the Executive Director to provide such reports in a form acceptable to the RTA B0ar:EI. Item 8.e. - Page 9 ARTICLE IV Authority Attachment 1 Section 1. Powers: RTA shall have all Powers necessary to carry out the purpose of this Agreement, except the power to tax. Its pe:wer to expend funds shall be limited only by the availability of fund's ,as set forth in ARTICLE Ill: Finance's, Se«iti0n 1. The Powers of RTA specifically include, but .are not limited to, the followin~r 1. To solicit bids and negotiate contracts from private enterprise for services and/or operation. 2. To sue or be sued. 3. To employ agents, employees and contract for professional services. 4, TG make and ,ent~r c0ntracts, including labor, purchase agreement and . employment contr:acts. 5. To acquire, convey, construct, manage, maintain and operate necessary equipment, building and improvements. 6. To acquire and convey real and personal property. 7. To incur debts, liabilities and obligations, as well as obligations of financial assistance fron:i State and Federal agencies, and to obligate RT A to operate the 'improvements, equipmentjor transportation system in accordance with the terms and con'ditions of said ·finanCial assistance. Section 2. RTA is a Public Legal Entity: RTA is a public entity duly formed and existing under the laws of the State of California. It is a separate and distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to this Agreement, shall be solely the obligations of RT A and not those of its officers, employees, members of the Board of Directors or the member agencies. ARTICLE V Miscellaneous Provisions Section 1. Withdrawal of Meml::>er: A withdrawing member's financial obligation under this Section is limited to the withdrawing member's pro-rata shate of the currently adopted operating budget based upon ARTICLE Ill, Section 1 within the service area of the obligated commitments affecting the withdrawing member and any SLOCOG's finding as to unmet transit needs that are reasonable to meet pursuant te Public Utilities Code Section 99401.5. Section 2. Amendment of Agreement: No amendment to this Agreement shall be made without the consent of all member agencies at the time of the amendment. Item 8.e. - Page 10 Attachment 1 Sedion 3. Ratification -Effective Date: This Agreement sha.11 be qeemed effective as to those parties executing this agreement upon their execution of tb.e a'gteement. Section 4. Assignability: lr::l' the event it is deemed in the best public interest to have RTA oper:ate·d by another iradividual. or erttify, whether public or private, and pm'llided that the assignment complies with Stafe and Federal laws, the agency on affirmative vote oJ the majority in accon:fance with' se·ction 2 of ARTICLE n, may sell, lease or assi@n all of its real and p:e11sorial property ~and cease Of!>erations up0n such terms and conditions as. RTA determines to be reasooable. Section 5. Termination: This.Agreement sh·a11 contioue· in full force and effect until riescirided by a maj0rity of the member agencies. Section 6. Notification to Secretary of State: Pursuant to Government Code Sec.tion 6503.5, RTA shall cause .a notice of the exe.cution of this Agreement to !De prepared and filed with the. Office of the Secretary of the State of O.alifornia, within thirty (~O} c.lays after the· effective Elate of any amendment to this Agr:eernent. Until swch filin@s are comi::ileted, RTA shall not incur indebtedness of any kind. IN WITNESS WHEREOF., the i:>arties have executecj this Agreement as. of the (;jay and year first b.ereinabove written. IN 'WITNESS TH.EREOF, the parties have executed this Agreement as of the (;jay and year first hereinabo.ve Written. City of Arroyo Grande By: Clerk City of Atas.cadero By: Clerk City of Grover Be~ch By: Clerk Resolution No. ------- Date: ---------- Resolution No. ------- Date: _________ _ Resolutiop :r:Slo.. ------- Item 8.e. - Page 11 City of Morro Bay By: Clerk Gity of Paso Robles By: Clerk City of Pismo Beach By: Clerk. City of San Luis Obispo By: Clerk County of San Luis Obispo By: Clerk: Approved as to form and legal effect: TIM MCNULTY County Counsel By: Deputy County Counsel Date: Attachment 1 Resolution No. ------- Date: ---------- Resolution No. ------- Date: ---------- Resolution No. ------- Date.: ---------- Resolution No. ------- Date: ---------- Resolution No. ------- Item 8.e. - Page 12 Attacbment 2 SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY JOINT POWERS AGREEMENT WITNESSETH: This Agreement is made and entered into this 9th day of March, 1990, and amended on 9/2/982"a day of September, 1998, and further amended on , 2013, by and among the incorporated .cities of Arroyo Grande, Atascadero, EL Paso de Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo; all being municipal corporations in the County of San Luis Obispo, California (hereinafter called "Cities") and the County of San Luis Obispo, a body politic and corporate, and a subdivision .of the State of California, (hereinafter called "County"). WHEREAS, Section 6500 et seq .. of the California Government Code (Title 1. Div. 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the Cities and County have previously entered into a joint powers agreement for the formation of the San Luis Obispo Council of Governments for the purpose of providing, among other things, for a regional transportation agency; and WHEREAS, the San Luis Obispo Council of Governments, at a regularly held meeting on May 10, 1989, voted to consolidate the administration of severai transportation systems through a regional transit joint powers agreement. N.OW THEREFORE, it; is agreed as follows: ARTICLE I General Provisions Section 1. Purpose: The purpose of this Agreement is to exercise the common powers of the member agencies for the formation of a Joint Powers Agreement with full power and authority to own, operate and administer a county- wide public transportation system within the boundaries and over the territory over which the Joint Powers Agency has jurisdiction. Section 2. Name: The official name of the entity shall be San Luis Obispo Regional Transit Authority and hereafter referred to as SLOR+ARTA. ARTICLE II Organization Item 8.e. - Page 13 Attachment '2 ,Section 1. Board Members: The membershfp of the .SLORTARTA Go'lerning Board, shall be the :same as the membership of the San Luis Obispo Cou-ncil of Governments (hereinafter referred to as, SLOCOG) . . Section 2. Board Meetings -Voting -Quorum: Regular meetings shall be generally held in the first week of July, September,, Noyember, January, l\llareh and M~y or as specified in a. bi.annually .adopted meetir;ig calendar. Special meetings may be called by the Presldent or upon written request of at least thr:ee (3) members of the ~-bGR+AR~A Board. Voting and quoriom. provisions shall be the ,same as .those provided in the SLOCOG Joint Powers Agreement. Section 3. Officers:· The officers of SLOCOG shall serve as officers of the Transit AuthorityRJ)\. Section 4. ManagerE·xecutive Directon The SbORT:ART A Board sha'll designate a, Regional Transit Manageran Executive Director to operate SLORTARTA. The. manager Executive Director shall serve at the pleasure ofthe SL.-OR-TART A Board, with delegated powers to, certify documents of the SL-ORTARTA Board as· required by the l'aw and to assume such duties and responsibilities 'as the· Board may direct. Secti0n 5. l\Z1embers: 1.. Tbe C0unty of Sal] Luis Obispo and all cifies. incorporated in the County of San Luis Obispo presently or 'in the future,, are declared eligible for memb~rship., -1-:2. Member city agencies, may elect to:hav:e ,an alternate membe11(s}from their lcity.•coancil in addition to a·ny dfii'icfal member. but s·aid altemate(is,) shafl_~~able to 'Vote onl}" in the. absence :of the official representative. 2...,_;3~~Mernbersh'ip shall be contingent upon. the execution of this Joint Powers Agreement Section 6. Boundaries and Service Le:v.els·; The service area .boundaries shall be all of the area within the bot.indaries o.f San Luis Obispo County as designated by the SLORTART A Board. Any additional services beyond the leve~ recommendeet by the Regional Transportation Plan or mandated in the Unmet Transit Needs Hearing (PUC Section 99401.5) may be instituted, but. shall require unanimous approval of affected jurisdictions, with .costs for the extra service to be distributed on the basis ·Of formula developed .by the SLORTARTA Board members r:epresenting the affected jurisdictions. · Section 7. Committees: Item 8.e. - Page 14 Attachment 2 1. Cemhiittees and subcornrnitteesm'c:iY be. established.asS.LORTARJA rnay deem appropriate. 2. Memt>.ershib on ·"'ad-Hoc'' policy .cortlmittees sha'll t>e .at:the discretlor'i' of the President. Nothing herein shall be c~onstrued to limit .mernb~etship on t11·e·se aforesaid committees· to. officials .of .th·e, mem'bera·gencies. The Pr:es'ident mayappaint any individual deemed qualified to ,serv.e on a c·ommitte·e~. 3 Stari<iling .committees shall. include the; :a.. He@.iEmal Tr;ansit Aclvisory Cor:nmitte:e (RT.AC) serving as a Re·g,ional Transit PreciuGti:vity CCDmr;riittee to advise.the:Board .on the efficiency .an·e :effectiveness. oJ the transit ·system . .Q. An Executive Oornr:nittee comprised oJ the President. Vtc;e ·President and the Jilqst President <:ind at I.east one. representatives· from the ·cQunty of San Luis Ooi$11>0 (:if' none of the above~ shall advise the Trao&it -ManagerE:-xecuthze .. birrector ~hd $LORT.6<RTA on: draft agendas, R.erisQnne.I f_ssue$,. bu_dgef 1and. OveraJI Work Pmgrar:n; controversial, sensitive .and 11JCiJ6~ goJJcy issues: ·and shall fciciTiJgtff th,e cinn.ual performance evaluafion of'fhe Reg'ionar Transit M~E!xecutLve DJrector, Hems for review shall be selected by tfle Jr;3nsTt; .~ifanagerExecutiv,e Dire0tor in cof:lsliltatidn with the PresTdenf. All Comm'ittee members -may ih~cl'i.Jde age-nda items as. they desire. For purpose~s of' conducting· busine·ss, two member:s, shall constitute a qadrom. 4. "'o comtniftee shall cammit SL0RTA:R1A on any m'atter or questions ~of :policy. Such matters or questions] c·an only be decided by StOR'rAR·TA. 5. AU.committees shall receive clerical assistance from SLORTARTA staff an·d,. by agreement, SLOCOG staff' for the purpose of maintaining minutes o.f' meetings and other such duties' as the, "[rans it ManagerE.xecutive Dir:e.ctor may dir:ect.. The chair .of each committee -shall sign the original copy of the' miautes' indicating verifi'cation of c.ontents upon. cammittee adoption. Copies' of ;minutes of all meetings shall be-sent to members of'.SLORIARTA ,and the IransitManagerExe.cutiv.e .. Director. ARTICLE Ill Finarrtial Pr:0,Visic)'rnS Item 8.e. - Page 15 Attachment 2· '.Section 1.. Budget:: 'The, .Regional Transit ManagerExecufo1e Director shall prepare an annual budget ·· fdr · ·=rrarislt · .~rith-OrilhfRlA a·doptldn pr:ior to . . commencement of each fiscal 'jea:r. Th~e: aSjproval of the .Annual Budget sh·a11 be i'n .accordance with those procedute·s, prescribed by th·e J:eint .Pow.ers' Agrreement o.f SL0©.0.G. ,Accounti'ng practices to be applied will ,conform with those used by San Luis. Obisbo. County, ,consistent with Transportati'on Development Act rules and r:egU'lations. A Cans.olidate~d Fund balance and cash balance w.ill carry forward from :one ye·ar tb the neX:t. The budget may additionally carry' funds for future fisca'i years where necessary to. dev.elop a' :multi:.year Capital Improvement Program and~ to reflect obligations under :state ef'-Or federal funding agreements,. to, the extent ailowable by California law. No member Agency .shall be required to expend .anY of its general fund men'ies to support the operations ,of the 11ransit AuthorityRTA. The. operation of the fransit svstem shall be funded from revenues .aeri\iecr from .operations, memb·er Transportation Deve·1opment Act fond. contributions, grants, .and an:y other appropriate· reY,enue· s:ources. Each member agency s'hall make. a·n annual contribution· ta the-liransit-AuthoritvRTA .in accordance With the a·dapte~d budget Any formula may be amended upon appr:oval C>f 1 all jurisdictions·'ctffected by that formula and ratified byfhe TranslL~\atho.ti~yRTA . .All population percentages 1 utilized shall be those ,annually .adopted by S'LOCOG for allocating Transportation De:velcfpment Act .Funds based annually on .estimates' prepar;ed by the State Department ,C>f Finan·c·e purfsuant to Section '2227 of the Revenue: and JaJCation Cede ·for) .cities 1and b:y the eounty Planning Department for unincorporated commuriitie·s. Section 2. Expenditures: The Transit ~AuthorityRTA may :establish procedures and polities to in·sure c·ornpetitiv.e prices: for the purctias·es of goods and services. Formal bidding shall nol be, required unless directed speCificaH9 by the TransitAuthorityRT~ or Unless, required by state. or federal law .. Particulafly ir:l. the. purchase of ecfUipm·ent 1 includir:rg buses,. the.~.Iransit AlilthorityRTA ma'1 consider the desi'gn, n'laintenance ·and :operating costs, and other S'imffaftactor:s In determinirfg the most suitable equipment and need not purchase e:guipment haV,ing .the .lowesl initial cost. Sffctien 3. Treasurer and Auditor'. PUrsl.lanl'to Government Code Se.ctlori 6505,5, the Treasurer of' the. Coanty of S.an Luis Obispo is hereli>Y, <:lesignate<:I as Treasur:er of tl:re Transib~.1:1thor:ityRT A. The Treasurer shall. have. the r:>ower:s and d,uties set forth in Item 8.e. - Page 16 Attachment 2. Governmemt Ooqe S~dion 6505.5. 'The, Auaitor/Contro'ller of tlie County of San Luis, Obispo is deS:lgnated as the Auditor of tlils Tran~itAcithorityRWA pursuantto €1overnmenf C0de Section 6505 .. 5. Section 4. Anh'l:fal. Aaelit: The Tran·sit NuthorityRJA shall eause an annual audit to be prei;>ared and flied in acto't-dan·ce. With Go'iern·ment Ctrde Section 6505 and Public Utilities· Code Section 99245. Sectic.m· ·s·. Annual. Report: The Re·gi'onal Transit: ManagerE·xecufive Director .shall prepare. and submit an annual, repart of the aper;ations to the Tr:ansit AuthorityRT A Beard, SLOCO'G .and State Contraller within 9'0 days of the end of .the fiscal year pursuant ta Public Utilities Code, Section· 99243'. ·se.cti.on 6. Peri<:>dic: Reperting; The Tran§i! AuthorityRTA Board ma;y require periodic reportin'g of; ridership; finances,. or other' information. It .shall. be, the re·sponsibility ef the Regional Trar:rsit ManagerExe:cutive .Director and eontractOF (j-Hppropriate} to provide such reports• in a form acceptable to the Transh Authorit¥RT A Boar:d. ARTICLE V Authority, Se.ction 1:. Pewer:s: ·The.· Transit ~AuthorityRIA shall haYe. all Powers necessary to. carry out the purpose· ofthis Agreement. except the ·power to tax. Its power to expend funds shall be limited only by the availability of funds ·a·s set forth in ARTiCLE 'Ill: Flnances,,Section 1. The PoWets oftlle Tt:ans'it AUthorityRTA specifically include, but are~ not limited to, the followfng.: ·· ·· · · ·· · ·· ···· · ·-· 1., Jo solicit bids and negotiate contracts from· private enterprise for· services and/Or operation. 2. To sue, or be1 sued. 3. To employ 'a·gents, empleyees and contract. far, prefessional services., 4.. To make· and enter cantracts, including labor, pl:lrchase agreement and employment coritra·cts. 5.. Te ac·quire, corive;y 1 c·onstruct, manage, maintain and ·operate, necessary equipment. bu'ilding and improvements. 6.. . To acquire and convey real and personal proper1:y~ 7. To incur debts, liabilities:and.obligations, as well. as obligati'ons of financial assistance from State and FederaTageodes; and to .et:>ligate tbe Transit Ptuth()~l"ityR!~ to 1 operate. the. improvements.-e:q1:1ipment or Item 8.e. - Page 17 Attachment 2 transportation system in accordance with the terms and .conditions .of said financial assistance. Sedio·n 2. =traflstt---AutfleffiyRTA is a Public Legal Entity: The Tr:ansit Atlf.oo.r+t-yRTA is ·a public> entity duly formed and existing under the laws of the State of California. It Ts a separate and distinct legal entity from its member agencies. The debts, duties and obligatiems created i:;>ursuant to this Agreement, shall be solely the obligations of the Tra@stt--ABther-i.tyRT A and not th0s·e of its officers, 'empl0ye:es, members of the Boarc!J e,f Directors or the member ageneies. ARTICLE V Miscellaneous Provisions Section 1. Withdrawal of Memben A withdrawing member's financial obligation under this Section .is limited to the withdrawing member's pro-rata share of the currently adopted operating budget based upon ARTICLE Ill. Section 1 within the service area of the obligated commitments affecting the withdrawing member and any SLOOOG's finding as to unmet transit needs that are reasonable to meet pursuant to Public Utilities Code Section 99401.5. Section. 2. Amendment of Agreement: No amendment to this Agreement shall be made without the consent of all member agencies at the time of the amendment. Section 3. Ratification -Effective Date: This Agreement shall be deemed effective as to those parties executing this a·greement upon their execution of the agreement. Section 4. Assignability: In the event it is deemed in the best public interest to have the Transit AuthorityRTA .operated by another individual or entity, whether public or private, and provided that the assignment complies with State and Federal laws, the agency on affirmative vote of the majority in accordance with Section 2 of ARTICLE II, may sell, lease or assign all of its real and personal property and cease operations upon such terms and conditions as the Transit AuthoritvRTA determines to be reasonable. Section. 5. Termination: This Agreement shall continue in full force and effect until rescinded by a majority of the member agencies. - Section 6. Notification to Secretary of State: Pursuant to Government Code Section 6503.5, the Transit AuthoFityRT A shall cause a notice of the execution of this Agreement to he prepared and filed with the Office of the Secretary of the State of California, within thirty (30) days after the effective . date of any amendment to this Agreement. Until such filings are completed, the Transit Aut!loJ:ityRTA shall not incur indebtedness .of any kind. Item 8.e. - Page 18 Attachment 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first hereinabove written. IN WITNESS THEREOF, the parties have executed this Agreement as of the day and year first hereinabove written. City of Arroyo Grande By: Clerk City of Atascadero By: Clerk City of Grover Beach By: Clerk City of Morro Bay · By: Clerk City of Paso Robles By: Clerk City of Pismo Beach By: Clerk Date:. _________ _ Resolution No .. ______ _ Date: _________ _ Resoluti0n N©. ______ _ bat~: _________ _ Resolution No. ______ _ bate: ---------- Resolution No, ______ _ Date: _________ _ Resolutio.n No. ______ _ Date: _________ _ Resolution No. ______ _ Item 8.e. - Page 19 City of San Luis Obispo By: Clerk County of San Luis Obispo By: Clerk Approved as to form and legal effect: TIM MCNULTY County Counsel By: Deputy County Counsel Date: Attachment 2 Resolution No. ------- Date: ---------- Resolution No. ------- Item 8.e. - Page 20