HomeMy WebLinkAbout7.2 LAVTA JEPA /060—
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 13 , 1985
SUBJECT Livermore-Amador Valley Transit Authority Joint
Exercise of Powers Agreement (JEPA)
EXHIBITS ATTACHED Agreement
RECOMMENDATION 1 ) Consider adoption of JEPA
q(fl12) Appoint member to Authority Board , if JEPA is
adopted
FINANCIAL STATEMENT: All costs for transit services will be borne by the
newly formed Transit Authority
DESCRIPTION At its meeting of February 25 , 1985 , the City Council
approved in concept , the Transit Authority Joint Exercise of Powers
Agreement (JEPA) . Since that meeting, the City Council of Pleasanton
approved the original agreement , and the City Council of Livermore has
adopted an agreement with revisions ( see attached) . The City of Pleasanton
anticipates that the agreement with the Livermore revisions will be
considered at its meeting of May 21 , 19$5 •
Those revisions made by the Livermore City Council include the following:
Paragraph 5 .A. Original Agreement -. Quorum shall consist of 5 members .
Re,,,ised Agreement - Quorum shall consist of 5 votes .
Paragraph 5 .C . Original Agreement - Permanent changes in regularly
scheduled bus routes require 4 votes .
Revised Agreement - Permanent changes in regularly scheduled bus routes
require 4 votes , including all the votes of the jurisdiction in which the
change would occur.
Paragraph 5 .E . Original Agreement - Actions involving permanent changes in
bus routes , adoption or amendment of the Authority Bylaws , contracts in
excess of 1 year, or designation of the Authority Treasurer shall not be
passed within 10 days of their introduction.
Revised Agreement - Above actions provide 14 day period instead of 10 days .
Paragraph 6.B. Original Agreement - Minutes of the Authority shall be
mailed to each member of each member jurisdiction governing body 5 days
prior to the Authority Board of Directors meeting.
Revised Agreement - Minutes of Authority shall be mailed to each member of
each member jurisdiction governing body 7 days prior to the Authority Board
of Directors meeting.
Paragraph 8 . B. i . Original Agreement - Any member agency may provide
additional funding to the Authority for special transportation services .
Revised Agreement - Any member agency may provide additional funding to the
Authority for special transportation services equal to their cost .
Paragraph 8 . B. ii . Original Agreement - Authority may exercise all or a
portion of the power set forth in Paragraph 8 . A. to provide transportation
services other than transportation for the general public (i . e . elderly,
handicapped , and other special transportation needs) .
Revised Agreement - Authority may exercise all or a portion of the power set
forth in Paragraph 8 . A. to provide transportation services other than for
the general public ( i . e . elderly , handicapped , and other special
transportation needs , as currently provided for in Livermore , in Dublin, and
in Pleasanton) , and shall maintain current-, levels of service .
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ry COPIES TO :
ITEM NO . /- eZJ
AGENDA STATEMENT : Live rmore-Amador Valley Transit Authority Joint Exercise
of Powers Agreement (JEPA)
Page 2
Paragraph 9.G. Original Agreement - For purposes of judging that service is
reasonably distributed among member jurisdictions , the allocation of these
TDA funds and related program funds �:mong member jurisdictions shall
generally be in accordance with the following formula .
Revised Agreement - For purposes of judging that service is reasonably
distributed among member jurisdictions , the allocation of these TDA funds in
relating program funds among member jurisdictions shall virtually be in
accordance with the following formula.
Paragraph 9.G. Revised Agreement - New language: Existing levels of
intra-city service in Livermore shall be defined as annual service hours per
capita.
Original Agreement - Term of agreement , no effective date
Revised Agreement - Effective date of agreement , June 1, 1985
In addition to these changes , there were some numerical changes in the
paragraphs to make the overall agreement more consistent. .
Councilmember Jeffery , the City' s representative to the Transit Policy
Committee , wi.11 be prepared at the meeting to answer any questions which the
City Council may have with respect to the final draft .
If the Cit}, Council is in concurrence with the final Joint Exercise of
Powers Agreement , it is recommended that the Council appoint a
representative from the Council to the Board of the newly formed Authority.
i
i
V
LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
TABLE OF CONTENTS
1 . Background
a. Need for Public Transportation Services
b. Joint Exercise of Powers
2. Creation of Transit Authority
3 . Purpose
4 . Board of Directors
a. Voting
b. Alternate
--Amend-- c. Elected Officials
d. Participation in Decisions Affecting" Member
Jurisdictions
e. Selection and Removal
5 . Action by Board
a. Quorum (Five Votes)
b . Action Generally ( Four Votes)
C. Permanent Changes in Routes
d . Matters Requiring Five Votes Plus Member Jurisdiction
Notice
e . Effective Date
6. Notice of Board Actions
a. Agendas
b. Minutes
7 . Bylaws
8. Powers
a. Enumeration of Powers
b . Special Transportation Services
C. Restriction on Power
9 . Financial
a. Fiscal Year
b . Depository
C. Audit
d. Property Custodian
e . Budget
f. Contributions by Member Jurisdictions
g . Formula for TDA Service Allocation
h. Method for Calculating Service Levels
10 . Debts and Liabilities
11 . Insurance
12 . Indemnification
13 . Disposition of Money and Property l
a. Successor Public Entity
b. Withdrawal of Member Jurisdiction
14 . Term of Agreement
15 . Termination
a. Individual Member Withdrawal
b . Complete Dissolution
16 . Amendment
17 . New Members
18 . Successors
19 . Severability
LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT is entered into by and between the County of
Alameda , the City of Dublin , the City of Livermore, and the City
of Pleasanton (hereinafter "members," "member jurisdictions," or
cognate terms) and any additional public agency within the
Service Area meeting the requirements of Section 15f hereof.
1 . Background . This agreement is made with .respect to the
following basic facts:
a. Need for Public Transportation Services. Through
their collective efforts, member jurisdictions have determined
that the area (hereinafter "Service Area" ) generally encompassed
by member jurisdictions and certain unincorporated portions of
Alameda County, while within the Bay Area Rapid Transit District,
does not receive adequate, coordinated public transportation
services. Member jurisdictions desire to provide such services
to assist the transit dependent as an alternative to the private
automobile , to meet environmental goals, to improve. fuel
conservation , and to secure the efficiencies of joint operation
and service that are available through a unified , cooperative
effort.
b. Joint Exercise of Powers . )California Government
Code Sections 6500 , et seq. authorize the joint exercise of any
power common to two or more public agencies. Member
jurisdictions have in common, among others, the powers to
contract for and/or operate public transportation systems. In
support of such powers , member jurisdictions are further
empowered , upon appropriate findings by the Metropolitan
Transportation Commission ( hereinafter "MTC" ) under California
Public Utilities Code Sections 99207( b) and 99289, to claim,
receive and expend Transportation Development Act ( hereinafter _
"TDA" ) funds. Member jurisdictions desire to jointly exercise
such powers to provide public transportation within the service
area and to claim and utilize all forms of regionally-allocated ,
State , Federal , or other grants or revenues, including TDA funds ,
available to member jurisdictions for such purpose.
2 . Creation of Transit Authority. Upon the effective date
of this agreement, there is hereby created the Transit Authority
(hereinafter "Authority" ) as a separate and distinct public
entity from member jurisdictions, to administer and implement
this agreement and to exercise the common powers provided herein
within the Service Area attached as Exhibit A.
3 . Purpose. Authority is a newly-created entity with
powers unto itself which have been granted by the participants
for the purpose of providing public transportation. The common
powers provided in this agreement shall be jointly exercised to
provide the service area with coordinated public transportation
services.
4. Board of Directors.
1 a. Voting . Authority shall be governed by a Board of
Directors. There shall be seven (7 ) members of the Board of
Directors . Each City member jurisdictions shall appoint two ( 2 )
regular representatives to the Board of Directors. The County of
Alameda shall appoint one ( 1 ) regular representative . Each
representative to the Board of Directors shall have one vote
( except as provided by Paragraph 4b( ii) ) .
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b. Alternate.
i. In addition, each member jurisdiction may
appoint one ( 1 ) alternate representative to act
in the absence of regular representatives.
ii . In the absence of a regular or alternate
representative , the other representative from
that city may exercise both votes for that
jurisdiction.
c. Elected Officials. Representatives shall be elected
members of the governing boards of the member jurisdictions.
With the exception of the alternate from the County of Alameda,
alternates shall be elected members of the governing bodies of
the member jurisdictions. The alternate from the County of
Alameda shall, be appointed by the Board of Supervisors.
d . Participation in Decisions Affecting Member Juris-
dictions. An elected member of the governing body of a member
Jurisdiction shall not be prohibited by reason of such office
from also participating as a representative to the Eoard of
Directors of Authority while it is considering or acting upon a
contract , lease , or other transaction with such member
jurisdiction.
e. Selection and Removal . Representatives shall
serve solely at the pleasure of the appointing member
jurisdiction.
5. Action by Board .
--Amend-- a. quorum. Members of the Board of Directors
Rd Language:
Five mem- controlling five votes shall constitute a quorum for the
bens o6 the
Boafc.d o6 transaction of business.
Di,tec.tonLz
zhaU cone,titute
a quon.um. . . -3-
b. Action generally (Four Votes) . Unless specifically
limited by this agreement, four votes of the Board of Directors
shall be required to act upon any matter.
-A
- mend--
-Amed nom c. Permanent Changes in Routes. Any permanent change
Sec. c.iv. in regularly scheduled bus routes requires four votes of the
O.ed Language:
Any perm- Board of Directors including all the votes of the jurisdiction in
anent change
in tegueat- which the change would occur. Examples of changes in bus routes
ty aehed«eed
bu.5 routes. subject to the limitations of this section include changes in
headways, changes in location of bus routes, and changes in
location of bus stops. Emergency changes in bus routes
necessitated by street closures and other unanticipated events
may be implemented as appropriate but shall be brought to the
Board for its review at the next regularly scheduled Board
meeting .
d . Matters Reguirinq Five Votes Plus Member
Jurisdiction Notice . The following actions shall require the
affirmative vote of representatives holding five votes on the
Board of Directors.
i . Adoption or amendment of Bylaws.
ii. Any contract for a period longer than one
year.
iii. Designation of the Authority Treasurer as
provided in Paragraph 9(b) .
--Amend-- e. Effective Date. I Any of the actions listed in
Otd Language:
Any 06 the subsections 5c or 5d shall not be passed within fourteen days of
actions
tii6ted cvithi�heir introduction. When any of the actions listed in these �
this 6u6- ' subsections are altered after introduction, they shall be passed
.6 ecti.o n s ha,e 2 -not be pa6s-at least fourteen days after alteration. Good faith compliance
ed within
.ten days o6 with the notice requirements of Section 6 shall be sufficient
.the.ilc intico-
ducti.on, notice to member jurisdictions.
2
O.ed Language: . . .at te"t ,ten days. . .
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6. Notice of Board Actions.
a. Agendas. A copy of the meeting agendas for each
Board of Directors meeting shall be mailed to each member of each
member jurisdiction governing body at the same time that the
agenda is mailed to the Board of Directors.
b. Minutes . The minutes of each Board of Directors
meeting shall be mailed to each member of each member e1�
--Amend--
jurisdiction governing body within seven days of the meeting in
02d Language:
. . .Rlitlun conjunction with their distribution to the Board of Directors.
Give dayz. . .
7 . Bylaws. To further establish and govern the Board of
Directors' procedures, substantive responsibilities, and
organizational structure the Board may adopt Bylaws. Bylaws and
any amendments thereto shall be ad opted in accordance with
Section 5c of this agreement.
8 . Powers.
a. Enumeration of Powers . Subject to the other terms
and conditions of this agreement and any restrictions provided in
law, Authority shall have the power to:
i . Own, develop, operate , maintain, and
administer a public transportation system,
or contract with any person, firm, or
public agency to use, manage , or operate
such transportation system or portions
thereof for public transit purposes;
ii . Contract with any person, firm, or public
agency to provide public transportation
facilities and services , or to improve
such facilities and services.
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iii. Apply for, receive , and utilize all forms of
financial assistance for public transportation
facilities or services, including
contributions , grants, allocations , loans,
revenues, or other assistance from MTC, State,
Federal , or other sources available for the
planning , acquisition, construction,
maintenance , operation , administration, or
other support of such facilities or services;
provided that Authority shall be empowered on
behalf of member jurisdictions without further
authorization to directly apply for, receive ,
and utilize -such financial assistance for which
member jurisdictions are eligible , including ,
without limitation, TDA funds.
(A) Except as specifically provided by
Paragraph 8 (b) , member jurisdictions shall
not compete with Authority for TDA public
transit funds within the service area.
(B) The parties acknowledge that Livermore has
an operating fixed route transit service
called RIDEO with a level of intra-City
service emphasizing the needs of students,
the elderly, the disabled , and the transit
dependent, and a Dial-a-Ride service for
the elderly and disabled , both of which
the City will be permitted to maintain
within the JEPA. Livermore shall have the
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the right to continue to operate these
systems and to apply for TDA Article 4 .0
funds. Spending of Livermore TDA
operating or capitol funds for 1985-1987 -
beyond current levels requires Livermore
representative agreement. JZ�PArmay,
however, administer R.IDEO during this
eriod . For the period FY 85/86 and FY
wL % t9 Vr
Livermore shall f ile a separate
claim for operating funds, and Livermore' s
operating budget shall be separately
accounted for. In addition, during this
period, - any claim for Livermore' s
unallocated funds must have the approval
of Livermore. Livermore shall cease
operating the RIDEO system no later than
July 1987 .( the termination date of the
existing RIDEO system contract) .
(C) In contracting for public transportation
services as authorized by paragraph 8a( ii )
hereof, Authority is empowered as part of
and in support of such contract and for
the term thereof, to commit itself to
apply for , receive , and expend TDA and
other financial assistance for which
Authority may apply under this paragraph
8a( ii) . Member jurisdictions shall be
bound by and carry out such commitment
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of Authority during the term of such
contract, notwithstandina termination of
this agreement, subject to equitable
adjustments required by paragraph 13.
(D) Member jurisdictions shall provide such
reasonable assurances and perform such
reasonable acts, including execution of
claims and grant applications, as are
reasonably necessary to give effect to
this paragraph.
iv. Hire agents and employees and contract for
professional- or other services. Member
jurisdictions may be reimbursed for the value
of services rendered;
V. Enter into contracts;
vi . Sue and be sued;
vii. Acquire, hold, or dispose of real and personal
property, including transportation equipment
and facilities;
viii.Incur debts, liabilities and obligations;
ix . Invest in the treasury of the member
jurisdiction designated as Authority Treasurer
moneys not needed for immediate necessities as
the Board of Directors deems advisable;
provided that such investments shall be on the
same terms and conditions as other local
entities' investments in accordance with
Government Code Section 53601;
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X. Delegate within the limitations of Covernment
Code Section 6508 all or a portion of its
functions to an administrative entity for the
purpose of program development, policy
formulation, or program implementation;
xi . Adopt a conflict of interest code;
xii. Do all other reasonable and necessary acts to
fulfill the purposes of this agreement.
b. Special Transportation Services.
i . Any member agency may provide additional funding
to Authority for special transportation
--Amend-- services equal to their costs. In that event,
Added: . . .equat to
theiA costz. Authority will provide enhanced service levels
to that member- jurisdiction in proportion to the
.additional funding provided .
ii. Authority may exercise all or a portion of the
powers set forth in paragraph 8a to provide
--Amend-- transportation other than for the
Added: . . .otheA .than. . . p general public
(e.g . elderly, handicapped and other special
transportation needs as currently provided for
--Amend-- in Livermore, in Dublin, and in Pleasanton)
Added: ...in Dubt i.n, and
in Heazanton) . . . and shall maintain current levels of service.
Substituted "maintain"
main"
bon guarantee iii .However, notwithstanding any other provision of
this agreement, each member jurisdiction may at
i
its own option, establish and maintain its own
program for elderly, handicapped and other
special transportation needs. In such event,
Authority shall not compete for funding which
would otherwise be allocated to that member
jurisdiction.
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c. Restriction on Power. The manner of exercising
powers granted Authority by this agreement shall be subject to
the same restrictions as imposed upon the agency of the Authority
Treasurer in that agency' s exercise of similar powers as required
by Government Code Section 6509.
9 . Financial .
a. Fiscal Year. The fiscal year for Authority shall be
from July 1 to June 30.
b. Depository. The Treasurer is designated as the
depository for Authority and is to have custody of all funds of
Authority from whatever source. The Treasurer shall be appointed
pursuant to procedures established in the Bylaws. As depository,
the Treasurer shall :
i. Receive and receipt for all money of Authority
and place it in the treasury to the credit of
Authority;
ii. Be responsible on his/her official bond for
the safekeeping and disbursement of all money
of Authority so held by the Treasurer;
iii. Pay, when due , out of the money of Authority
so held by him/her all sums payable on out-
standing bonds and coupons of Authority;
iv. Pay from authority money and other sums due
from Authority, or any portion thereof, only _
upon warrants of the public officer per-
forming the function of Auditor as designated
by this agreement;
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v. Verify and report in writing on a quarterly
basis to Authority and to member jurisdictions
the amount of receipts since the last report,
and the amounts paid out since the last
report; and
vi . Invest Authority funds in accordance with
paragraph 8a( ix) .
c. Audit. There shall be strict accountability of all
Authority funds . The Auditor of the agency from which the Agency
Treasurer is selected shall be the Auditor for Authority. The
Auditor shall :
i . Report all receipts and disbursements to
Authority.
ii. Make or contract to make an annual audit of
Authority pursuant to requirements of
Government Code Section 6505.
d . _PEoperty Custodian. The Authority Treasurer shall
have charge , handle, and/or have access to any property of
Authority and , pursuant to Government Code Section 6505.1 , the
Authority shall require such person or persons to file an
official bond in an amount of at least Five Hundred Thousand
Dollars ($500 ,000) . Upon creation by the Board of a position of
general manager ( by whatever title chosen) , the general manager
shall also have the authority and responsibility provided. by this -
section .
e. Budaet. A procedure for adoption of an annual
budget may be set forth in the Bylaws of Authority.
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f. Contributions by Member Jurisdictions. Any member
jurisdiction may provide additional funding for specified
transportation services which the Authority is authorized to
provide . In that event, Authority will provide enhanced service
levels to the contributing member jurisdiction in proportion to
the additional funding provided . No member jurisdiction shall be
required to contribute any money from its general fund or other
locally-controlled funds to Authority unless first approved by
the governing body of such member jurisdiction.
g . Formula for TDA Service Allocation. The Authority
shall be the designated claimant within the service area for
State Transportation Development Act (TDA) Article 4.0 funds.
For purposes of judging that service is reasonably distributed
among member jurisdictions , the allocation of these TDA funds and
--Amend--
Substituted relating program funds among member jurisdictions shall virtually
"vi tua.0 y"
bon, be in accordance with the following formula:
"g eneAaU y"
TDA Allocation = Population of Member Jurisdiction x Total TDA
Total Service Area Population funds
Available.
Population for purposes of this formula shall be the most recent
annual population estimates from the State Department of Finance
--A►nend--
Otd Lang- Existing levels of intra-city service in Livermore shall be
uag e:
Ex&sting defined as annual service hours per capita.
tevetz o6 intea- "
c ty 6en.vice as h. Method for Calculatinq Service Levels. TDA funds
meauned by houu
pet yeak shall be presumed to have been allocated in proportion to service
w,i U be
mainta. ned. hours within each member jurisdiction. However, when selecting
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service levels, the Board may also consider other relevant
factors such as bus miles traveled , fare box revenues received ,
ridership, number of stops, average speed , local geography and
the impact of regional destinations and percentage of residential
population within one quarter mile of a bus route. In no case,
however , shall service levels differ by more than 10% from
population based allocations.
10 . Debts and Liabilities . The debts, liabilities, and
obligations of Authority shall not be the debts , liabilities, and
obligations of the member jurisdictions, or any of them except as
provided in Paragraph 15 .
11 . Insurance. Authority shall maintain insurance coverage
in at least the following amounts and each member jurisdiction
shall be named as an additional primary insured :
PUBLIC LIABILITY
General Bodily Injury - $1 ,000,000 Per Occurrence
General Property Damage - $ 100 ,000 Per Occurrence
or
Combined Single Limit on Bodily Injury and Property
Damage Liability - $1 ,000,000
VEHICLE LIABILITY
Bodily Injury - $1 ,000,000 Per Person/$1010001000
Per Occurrence
Property Damage - $ 250,000 Per Occurrence
or
Combined .Sln(Ile Limit on Bodily Injury and Property Damage
Liability - $10 ,000,000
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12 . Indemnification. The Authority shall hold each member
jurisdiction , its elective and appointive Boards, Commissions ,
officers , agents, and employees, harmless from any liability for
damage or claims for damage for personal injury, including death
as well as from claims from property damage which may arise from
Authority' s contractors' , subcontractors' , agents ' or employees'
operation under this agreement. Authority agrees to and shall
defend each member jurisdiction and its elective and appointive
Boards, Commissions, officers, agents, and employees from any
suits or actions at law or equity for damages caused , or alleged
to have been caused , by reason of any of the aforesaid
operations.
13 . Disposition of Money and Property. This paragraph shall
apply to distribution by Authority of its surplus money or
acquired property. This paragraph shall not affect sale,
transfer , or other disposition of property or money by Authority
in the ordinary course of its activities necessary to fulfill the
purposes of this agreement.
a. Successor Public Entity. If by law another public
entity has been created or designated to assume responsibility
for providing public transportation services within all or
substantially all of the service area of Authority, the surplus
money and acquired property of Authority may be transferred to J
--Amend-- such public entity upon its assumption of all (monetary)
De.�eted - .-
.language whi eliabilities of Authority , and authority shall thereafter.
)Lead:
y y
. .pub-Zi.c
entity with terminate .
the unanimous b. Withdrawal of Member Jurisdiction. Upon withdrawal
cowsent o ) a
mem etvs an
upon. ZEE----, of one or more member jurisdictions as provided in paragraph 14 ,
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the acquired property and surplus money of Authority shall be
distributed to the withdrawing jurisdictions in proportion to the
aggregate of that member' s contributions to Authority and TDA
funds claimed by Authority on behalf of such member jurisdiction.
To facilitate such distribution, property may be distributed in
kind or reduced to cash by sale. Any distribution of cash,
including surplus moneys, to a member jurisdiction in excess of
its actual contributions to Authority shall be first approved by
the Metropolitan Transportation Commission (MTC) . If member
jurisdictions cannot agree upon the valuation of acquired
property or upon their distributive shares, the disagreement
shall be referred to a panel of three referees for decision. One
referee shall be appointed by- the member disputing the valuation
or disposition. One referee shall be appointed by the members
supporting the valuation or distribution. One referee shall be
appointed by the two referees first appointed .
14 . Term of Agreement. This agreement shall become
t.
Changed effective , 1985 , and shall remain in full force and effect
ate
d bxom
date t so long as there are two or more member jurisdictions.
1985 15. Termination. Except as provided in paragraph 12a ( for
Successor Public Entity) , termination of this agreement shall be
--Amend-- effected only as follows:
Added the
wend "ova y"
a. Individual Member Withdrawal . A member jurisdiction
may terminate its participation in this agreement and Authority
at any time, provided that such jurisdiction shall give one year
prior written notice of such termination to Authority and other
member jurisdictions. Notice of termination may be rescinded
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upon written notice to Authority any time before the effective
date of termination, provided , however , that the Board must
approve such rescission.
If Authority has, as permitted by paragraph 8a( iii) ,
executed a long-term contract for public transportation services
which includes a commitment to claim and expend public
transportation financial assistance which a terminated member
jurisdiction is eligible to claim, the terminated member
jurisdiction shall be bound by such commitment. If equitably
required , the terminated member jurisdiction shall not claim, but
instead shall assist Authority to claim, such financial
assistance during the term of such contract. If possible,
Authority will cooperate to arrange an equitable division of the
obligations and benefits of said contract. A terminated member
jurisdiction shall continue to provide assurances and perform
acts as required by paragraph 8a( iii) (b) of this agreement.
During the term of such contract , Authority shall provide a
terminated member jurisdiction public transportation services
within the terminated member' s area on a fair and equitable basis
in proportion to the financial assistance received by Authority
which is referable to such terminated member jurisdiction.
b. Complete Dissolution. Upon termination by all but
one member jurisdiction, the Authority shall be dissolved;
provided that if Authority has, as permitted by paragraph Ra( ii) ,
executed long-term contract for public transportation services
which cannot be canceled or divided and which includes a
commitment to claim and expend financial assistance for the
period of such contract, then Authority may not be dissolved
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during the term of such contract unless reasonable alternate
terms can be negotiated with the other party to the long-term
contract.
16 . Amendment . This agreement shall be amended only with
the unanimous approval of all member jurisdictions.
17 . New Members . Upon the unanimous consent by resolution
of member jurisdictions , any public entity within the Service
Area shall be admitted to Authority as a voting member
jurisdiction at any time; provided that new members shall first
execute a facsimile of this Joint Exercise of Powers Agreement
and any Bylaws of Authority and agree to be bound by their terms
and the terms of any other agreements to which Authority is
party.
18 . Successors. This agreement shall be binding upon and
inure to the benefit of any successors or assigns of the member
jurisdictions.
19 . Severabilitv. Should any part, term , portion, or
provision of this agreement be finally decided to be in conflict
with any law of the United States or of the State of California.,
or otherwise be unenforceable or ineffectual , the validity of the
remaining parts, terms, portions, or provisions of this agreement
shall be deemed severable and shall not be affected thereby,
provided that such remaining parts, terms, portions, or
provisions can be construed in substance to constitute the
agreement that the member jurisdictions intended to enter into in
the first instance .
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IN WITNESS WHEREOF , the parties hereto have executed this
agreement by their duly authorized officers and representatives
as of the date indicated.
DATED:
APPROVED AS TO FORM: COUNTY OF ALAMEDA
By
County Counsel Chairman
Board of Supervisors
ATTEST:
County Clerk
DATED:
APPROVED AS TO FORM: CITY OF DUBLIN
By
City Attorney Mayor
ATTEST:
City Clerk
DATED:
APPROVED AS TO FORM : CITY OF LIVERMORE
By
City Attorney Mayor
ATTEST:
City Clerk
DATED: ;
APPROVED AS TO FORM: CITY OF PLEASANTON
_ By
City Attorney Mayor
ATTEST:
C y-Clerk
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