Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #3 10/17/75
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Introduction
Effective Date
Purpose of Agreement
Common Powers to be Exercised
Administration of the Agreement
Technical Advisory Committee
Staffing & Management
Funds & Property
Financing & Budget
Assessments
Additional Parties
Withdrawal
Termination
Original Signatories
Additional Signatories
This Agreement is entered into by and between the County of San Bernardino, a political subdivision of the State of California, hereinafter referred to as COUNTY, the City of Adelanto, a municipal corporation, the City of Barstow, a municipal corporation, the City of Big Bear Lake, a municipal corporation, the City of Chino, a municipal corporation, the City of Colton, a municipal corporation, the City of Fontana, a municipal corporation, the City of Grand Terrace, a municipal corporation, the City of Loma Linda, a municipal corporation, the City of Montclair, a municipal corporation, the City of Needles, a charter city, the City of Ontario, a municipal corporation, the City of Rancho Cucamonga, a municipal corporation, the City of Redlands, a municipal corporation, the City of Rialto, a municipal corporation, the City of San Bernardino, a charter city, the City of Upland, a municipal corporation, and the City of Victorville, a municipal corporation, hereinafter referred to as CITIES.
The parties hereto declare as follows:
1. WHEREAS, each party to this Agreement is a public agency and is authorized to enter into this Agreement; and
2. WHEREAS, each party to this Agreement entered into and executed a Joint Powers Agreement creating an organization (San Bernardino Associated Governments) to explore and study countywide, subregional and regional problems and to effect improved intergovernmental cooperation; and
3. WHEREAS, the parties now wish to amend such Joint Powers Agreement to provide new organization framework allowing more direct participation by each of the parties.
NOW, THEREFORE, the parties hereto agree as follows:
EFFECTIVE DATE
1. This Agreement shall become binding upon each party hereto upon execution hereof by that party.
PURPOSE OF AGREEMENT
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2. The purpose of this Agreement is to improve and coordinate governmental services on a countywide, subregional and regional basis through the establishment of a cooperative association of governments.
Included within this purpose is the development of a unified and coordinated subregional transit system.
This cooperative association shall be known as the San Bernardino Associated Governments, hereafter also known as SANBAG. SANBAG shall perform all necessary functions to fulfill its purposes including, but not limited to, the following:
a. Serve as a forum for consideration, study and recommendation on countywide, subregional and regional problems.
b. Assemble information helpful in the consideration of problems peculiar to the various sections included in the collective area of the association membership.
c. Serve as the subregional transit planning and coordinating agency and perform the following functions:
i. Develop the overall transit system plan for the collective area of the association membership. ii. Resolve inconsistencies and coordinate transit schedules and routings between service areas. iii. Conduct system planning and provide technical planning assistance to each area Transit Service Authority, upon request.
iv. Review SB 325 Article 4 claims in accordance with SCAG (Southern California Association of Governments) procedures, provided such authority is delegated by SCAG. v. Plan transit priorities; coordinate, prepare, and submit applications for Federal, State, or other transit support funds which may become available.
vi. Coordinate all transit planning and operational activities between area Transit Service Authorities, and with adjacent counties, and regional State, and Federal agencies. vii. Prepare, and coordinate with the operating agencies, a unified system identity and a comprehensive, integrated marketing program.
COMMON POWERS TO BE EXERCISED
3. Common powers to be exercised in accordance with the purposes of this Agreement are the powers to:
a. Establish advisory committees;
b. Initiate studies to provide information helpful and necessary to the consideration of problems and proposed services to be rendered by the parties;
c. Explore possible areas of intergovernmental cooperation; d. Employ agents and employees;
e. Incur debts, liabilities, or obligations;
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f. Sue and be sued; and
g. Make and enter into contracts to accomplish the purposes of this Agreement.
Common powers shall be exercised to aid, assist, extend, and improve the intergovernmental cooperation and information of the parties.
ADMINISTRATION OF THE AGREEMENT
4. SANBAG is hereby formed, and pursuant to the provision of Government Code Section 6506, is designated as the agent to exercise the common powers provided for in this Agreement and to administer or otherwise execute this Agreement. SANBAG shall do whatever is necessary to carry out the purposes of this Agreement and shall make and enter into such contracts, incur such debts and obligation, make assessments against its members, and perform such other acts as are necessary to the accomplishment of the purposes of this Agreement. SANBAG shall constitute a separate public entity pursuant to the provisions of Government Code Section 6507.
5. SANBAG shall be governed by a Board of Directors. The membership of the Board of Directors shall consist of the members of the Board of Supervisors of the County of San Bernardino, and a representative, who shall be either the Mayor or a Councilman, from each signatory city. Each member of the Board of Directors shall have a vote. Each signatory city representative shall have one alternate who shall be an elected legislative officer of the city, except that the County of San Bernardino shall have five (5) official representatives and no alternates. The alternate shall serve in an official capacity and be entitled to vote only in the absence of the official representative of the member city. A quorum shall consist of a majority of the members of the Board of Directors, the Board of Directors shall act only upon a majority vote of the members present with a quorum in attendance; provided, however, that bylaws and amendments and such procedures as it may find appropriate to govern its functions shall require a majority vote of the entire membership of the Board of Directors.
TECHNICAL ADVISORY COMMITTEE
6. There shall be established a Technical Advisory Committee to the Board of Directors consisting of two administrative representatives of the County Administrator's Office and City Administrators/City Managers from each of the cities.
STAFFING AND MANAGEMENT
7. The regular staffing and management of SANBAG shall be separate and apart from any county department or agency or employees therefrom, and from a city department’s agencies of employees therefrom. The management staff shall be selected and appointed by the Executive Director. The Executive Director shall be appointed by and serve at the pleasure of the Board of Directors. SANBAG may request assistance from the staff of any signatory, and such assistance shall not be unreasonably refused.
FUNDS AND PROPERTY
8. The Treasurer of San Bernardino County shall maintain in a separate trust account all funds received by SANBAG. Interest from such funds shall be deposited quarterly. Such funds shall be expended only in furtherance of the purposes of this Agreement and pursuant to procedures therefore established by the Board of Directors, and standard accounting practices shall be used to account for funds received and Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #3 10/17/75
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disbursed. There shall be a strict accountability of all funds. The account books shall be open at all times during normal business hours to the inspection of any authorized representative of any party to this Agreement.
SANBAG shall be operated on a fiscal year basis beginning on July l of each year and continuing until June 30 of the succeeding year. A qualified auditor shall be selected by the Board of Directors. The auditor may be, but need not be, the Auditor of San Bernardino County. The auditor selected shall perform an annual audit of the financial operations of the Association and shall prepare a statement of assets and liabilities, a statement of receipts and disbursements, and such other statements and reports as may be required by the Board of Directors. A copy of the audit shall be disbursed to the parties to this Agreement.
Prior to May 15 of each year, the Board of Directors shall adopt a final budget for the expenditures of the Association during the next fiscal year.
FINANCING AND BUDGET
9. It shall be the responsibility of the Executive Director to prepare an annual working budget to be submitted to the Board of Directors for its consideration. The Board of Directors shall determine and approve the final budget for the year.
During the period that the 1956 sales tax bond redemption agreement between County and contributing Cities remains in effect, general funds for the administrative costs and operation of SANBAG shall be provided by County from those sales tax revenues contributed under such agreement which are in excess of bond redemption requirements. Any signatory Cities not participating in the sales tax bond redemption agreement shall make pro-rata contribution to the SANBAG budgetary requirements computed by the formula set forth in Paragraph 10 of this Agreement, or such other formula as may be agreed upon by all the parties.
ASSESSMENTS
10. In reviewing the budget, the Board of Directors shall determine whether additional assessments appear to be necessary. If so, such additional assessments shall be computed on a formula whereby one- half of such assessment shall be based on the population of each signatory member and one-half of the assessed valuation of each signatory member, the County's share being based on the population and assessed valuation within the unincorporated territory only. Each party shall be informed of its estimated assessment by April 1. After the final budget becomes effective, the Board of Directors shall determine the precise amount of the additional assessment, if any may be necessary, and the parties shall be so informed. Assessments shall be payable on or before August 1 for the fiscal year starting July 1.
In addition to the additional assessments as computed in the preceding paragraph, advances from the public funds of the parties hereto may be made for the purposes set forth in this Agreement. When such advances are made, they shall be repaid from the first available funds.
The Board of Directors shall have the power to authorize utilization of personnel, equipment, or property of one or more of the parties to this Agreement in complete or partial satisfaction of such party's obligations to pay assessments or make advances.
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All assessments or other monetary obligations hereunder shall be paid to the Association and shall be authorized for expenditure by a majority vote of the Board of Directors in connection with the adoption of the annual budget.
ADDITIONAL PARTIES
11. Any incorporated city within San Bernardino County, or adjacent county or portion of a county, and/or incorporated city therein may join the Association. Any such jurisdiction so joining shall become a member subject to the terms of this Agreement and shall be entitled to representation on the Board of Directors as provided herein. The Board of Directors shall establish such conditions for entry into the Association as will be fair to the new member and to all other members to this Agreement. The governing board of the jurisdiction that seeks to join the Association shall subscribe to this Agreement.
WITHDRAWAL
12. Any party hereto may withdraw from the Association by resolution of its governing body. Such withdrawal shall be made prior to May 1 of any year and shall be effective only as of July 1 of the year withdrawal is made. If the debts and obligations of the Association exceed its assets and anticipated income at the time of withdrawal, withdrawal may be effected only after payment by the withdrawing party of its proportionate share of the net debt and obligations of the Association.
TERMINATION
13. This Agreement may be terminated by resolutions of the governing board of a majority of the parties to this Agreement. The decision to terminate must be made prior to May 1 of any year. Termination shall become effective only upon July 1 of the year termination is voted. Upon termination, all such claims against the Association shall be paid and the remaining assets distributed among the parties who have been members of the Association in proportion to the total contribution made by such parties to the Association.
Original Signatories
March 8, 1976 - Signed and attested by the County of San Bernardino October 31, 1975 - Signed and attested by the City of Adelanto November 10, 1975 - Signed and attested by the City of Barstow November 18, 1975 - Signed and attested by the City of Chino December 2, 1975 - Signed and attested by the City of Colton January 6, 1976 - Signed and attested by the City of Fontana January 15, 1976 - Signed and attested by the City of Loma Linda January 26, 1976 - Signed and attested by the City of Montclair February 26, 1976 - Signed and attested by the City of Needles March 8, 1976 - Signed and attested by the City of Redlands May 18, 1976 - Signed and attested by the City of Ontario March 9, 1976 - Signed and attested by the City of Rialto March 8, 1976 - Signed and attested by the City of San Bernardino March 4, 1976 - Signed and attested by the City of Upland June 30, 1976 - Signed and attested by the City of Victorville January 18, 1978 - Signed and attested by the City of Rancho Cucamonga February 19, 1979 - Signed and attested by the City of Grand Terrace January 14, 1981 - Signed and attested by the City of Big Bear Lake Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #3 10/17/75
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Additional Signatories
February 10, 1988 - Signed and attested by the City of Highland 1988 - Signed and attested by the City of Twentynine Palms September 1, 1988 - Signed and attested by the City of Hesperia December 20, 1988 - Signed and attested by the Town of Apple Valley January 9, 1990 - Signed and attested by the City of Yucaipa March 9, 1992 - Signed and attested by the Town of Yucca Valley March 26, 1992 - Signed and attested by the City of Chino Hills Board Adopted: October 17, 1975