4818-2969-7920v1/200638-0000
THIRD AMENDMENT TO THE AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE
COUNTY OF LOS ANGELES, THE CITY OF PALMDALE, AND THE
CITY OF LANCASTER CREATING AN AGENCY TO BE KNOWN
AS THE ANTELOPE VALLEY TRANSIT AUTHORITY
This Amendment is entered into by the County of Los Angeles, a political subdivision of the State of California (“County”), the City of Palmdale, a municipal corporation (“Palmdale”), and the City of Lancaster, a municipal corporation (“Lancaster”). Palmdale and Lancaster are sometimes collectively referred to herein as “Cities.” The Cities and the County are sometimes individually referred to herein as “Party” and collectively as “Parties.” WHEREAS, the Parties entered into a Joint Exercise of Powers Agreement (“Agreement”) for the creation of an agency to be known as the Antelope Valley Transit Authority (“Authority”) in 1992; and
WHEREAS, the Parties thereafter entered into an Amended and Restated Joint Exercise of Powers Agreement (“Amended Agreement”), dated for reference as of November 22, 2011; and
WHEREAS, the Parties thereafter entered into the First Amendment of the Amended and Restated Joint Exercise of Powers Agreement on September ___, 2018 (together with the Amended Agreement, the “First Amended Agreement”); and
WHEREAS, the Parties thereafter entered into the Second Amendment of the Amended and Restated Joint Exercise of Powers Agreement on September ___, 2018 (together with the Amended Agreement and First Amended Agreement, the “Second Amended Agreement”); and WHEREAS, the Parties desire to clarify certain provisions of the First Amended Agreement consistent with and in recognition of the Parties’ practices.
NOW, THEREFORE, in consideration of the mutual benefits, promises, and agreements set forth herein, the Parties agree as follows:
Section 1. The Parties agree that Appendix C of the Second Amended Agreement referenced above be deleted in its entirety and replaced with Appendix C hereto Section 2. Other than as modified and amended herein, all other terms and conditions of the Second Amended Agreement shall remain in full force and effect.
Section 3. All capitalized terms not defined herein shall have the meanings set forth in the Amended Agreement.
4818-2969-7920v1/200638-0000
TO EFFECTUATE THIS AMENDMENT, each of the Parties has caused this Amendment to be executed and attested by its duly authorized officers on the date set forth below.
COUNTY OF LOS ANGELES
By:
CITY OF PALMDALE
By:
Chairman, Board of Supervisors Richard Loa, Mayor Pro Tem Date: Date:
ATTEST: __________________________
Executive Officer of the
Board of Supervisors of the
County of Los Angeles
By: ______________________________
Deputy
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
APPROVED AS TO FORM:
County Counsel
By:
Deputy CITY OF LANCASTER
By:
Trolis Niebla, City Manager
Date:
ATTEST:
Andrea Alexander, City Clerk
APPROVED AS TO FORM:
By:
Allison E. Burns, City Attorney
4818-2969-7920v1/200638-0000
APPENDIX C
ANTELOPE VALLEY TRANSIT AUTHORITY COST ALLOCATION FORMULA Commuter Bus Service
The capital and operational cost of the service will be allocated to each jurisdiction, based populationon population based; source will be bi-annual LA County Redistricting Report outlining unincorporated LA County population. I believe this report is published biannually. I’ll attach the 2021 version & have asked LA County for the most updated version.
Three legacy routes (785, 786, 787) will use this the above referenced report percentages (ex:
FY23 AVTA data to be used for the FY25 Budget = Lancaster @ 43.46%, Palmdale @ 41.05%, LA County @ 15.48%).
Route 790 TRANSporter will be paid 100% by LA County.
Local Fixed-Route Service
The capital and operational cost of the service will be allocated by percentage to each jurisdiction based on the ACTUAL jurisdictional route miles (deadhead to be included at same percentages). -
Complementary Paratransit, General Public Dial-A-Ride Service, Non-Emergency Medical Transportation (NEMT)
The capital and operational cost of the service will be allocated to each jurisdiction equally , with each jurisdiction having 1/3 responsibility
All AVTA expenses are included in the annual Operating Budget and are allocated per mode.
Special Event Transportation Service
On Request Microtransit Ride Service (ORMRS)
ORMRS service, currently provided exclusively in unincorporated LA County, final costs will be paid 100% by LA County, with AVTA allocating a portion of Prop A 95% revenues apportioned through the annual MTA Formula Allocation Process (FAP).
Jurisdictions requesting special event transportation service will pay the Authority an applicable per mile depreciation cost as well as the contractor’s operational costs. MARTIN – JUDY QUESTIONS THE NEED FOR THIS SENTENCE.
Commented [JVF1]: This was my note - don’t think it should be included in the final. I reached out to LA County this week - I’ve not yet received a reply.
Commented [JVF2]: Verified with Martin - he agrees we do not need this sentence.