HomeMy WebLinkAboutItem 7.1 LAVTA Joint Power Agmt
CITY CLERK
File # D~[Q][Q]-[f][m
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 19, 2008
SUBJECT:
Amendment to Joint Exercise of Powers Agreement with the
Livermore Amador Valley Transit Authority (LA VT A)
Report Prepared by: John Bakker, City Attorney and
Christopher L. Foss,
Economic Development Director
ATTACHMENTS:
1.
2.
3.
Original Joint Exercise of Powers Agreement (1985)
Amended and Restated Joint Exercise of Powers Agreement
Resolution Approving Agreement
RECOMMENDATION" A J~AdoPt the Resolution authorizing the execution of the amendment to
7 ~ ~ ~he Joint Exercise of Powers Agreement with LA VT A.
FINANCIAL STATEMENT:
None.
DESCRIPTION: The Livermore Amador Valley Transit Authority ("the Authority")
was formed in 1985 by means of a Joint Exercise of Powers Agreement (JEPA) between the County of
Alameda and the cities of Dublin, Livermore and Pleasanton pursuant to Government Code Section 6500
et seq (see Attachment 1). The Agreement provides for the creation of the Transit Authority as a separate
and distinct public entity empowered to own, develop, operate and administer a public transportation
system. The Authority recently completed a major revision to the formation document to add new
provisions to update the document to bring it in line with the Authority's current practices. The major
changes to the document included revisions to the following provisions: Voting Requirements, Treasurer
Functions, Restrictions on Power, Property Acquisition/Condemnation Authority, Quorum, Service Levels
and Route Changes. In May of 2008, the City Council unanimously approved the revisions to the
Amended and Restated Joint Exercise of Powers Agreement. At the time of the City of Dublin's approval
of the JEP A, the item had not been approved by the cities of Livermore and Pleasanton.
Subsequent to the City of Dublin's approval of the Amended and Restated JEPA, the agreement was
considered by the Pleasanton City Council. During that consideration, the City of Pleasanton expressed
concerns about the new language regarding Route Changes. Under the existing JEP A, Section 5c requires
that any permanent change in a route can only be adopted fourteen (14) days after the introduction of the
COPY TO: Barbara Duffy, Executive Manager, LAVTA
Page 1 of2
ITEM NO.~
G:\Chris\LA VT A \Agenda Statement August 192008 JEP A Amendment {Revised).DOC
proposed change, and that the member jurisdictions must be informed of the proposal. The existing JEP A
also requires that such a change receive four votes of the Board, including all of the votes of the
jurisdiction in which the change will occur. This condition gives member jurisdictions a near veto power
through their Board representatives over proposed route changes in their jurisdiction. Under the Amended
and Restated JEP A previously approved by the Dublin City Council, in order to create more flexibility in
the route change procedure, the document states only that any permanent change in a route must receive
four affirmative votes. Following the City of Pleasanton's objections, the Board decided to revert to the
original terms. Pleasanton has since approved a version of the Amended and Restated JEP A containing
the language in Section 3.11(b) that reflects the existing Route Change requirements.
With this item, the City Council is being asked to once again adopt a resolution authorizing the execution
of the Amended and Restated Joint Exercise of Powers Agreement with LA VTA with the reversion of
Section 3.11 (b) to continue with the existing Route Change requirements.
RECOMMENDATION: Staff recommends that the City Council adopt the Resolution authorizing the
execution of the Amended and Restated Joint Exercise of Powers Agreement with LA VTA.
2.12
'/
I:f
(" I
r-;J. ,/
\......
LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY
JOINT EXERCISE OF POWEPS AGREEt-1ENT
TABLE OF CONT~NTS
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
,c. Elected Officials
d. Participation in Decisions Affecting l~ember'..~:'
Jur isd ictions
e. Sele~tion 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. f.linutes
7. Bylaws
8. Powers
a. Enumeration of Powers
b. Special Transportation Services
c. Restriction on Power
9. Financial
a. Fiscal Year
b. Depository
c. Aud i t
d. property Cust6dian
e . 8 ud get
f. Contributions by Member Jurisdictions
g. Formula for TDA Service Allocation
h. Method for Calculating Service Levels
10. Debts and Liabilities
11. Insurance
12. rndemnificatiori
13. Disposition of Money and Property
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 Hembers
18. Successors
19. Severability
1:rMt '1-1 ~II "II M "'~
Attachment 1
c?tj-:;/i
LIVERHORE/Af.1ADOR VALLEY TFlANSIT AUTFORITY
JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREENENT is entered into hy 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 15 hereof.
1. Backaround. This .agreement is made with respect to the
following basic facts:
a. Need for Public Transportation Services. Throuqh
their collective efforts, member jurisdictions have determined
that the arE'a (hereinafter "Service /lrea") generally encompassed
by JIlember 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 ass is t the trans it dependent as an al ternative to the_. pr ivate
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 Pow~rs. California Government
Code Sections 6500, et seq. authorize the joint exercise of any
pm.,er common to t\-lO or more public agencLes. 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
J ~ !) I!
empo...,ered, upon appropriate findings by the ~etropolitan
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. ~ember 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 jur isd i.ct ions 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.
a. Votinc. 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)).
~~
1 (
i
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 ~hall 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 governinq bodies of
the member jurisdictions. The alternate from the County of
Alaneda shall be appointed by the Board of Superviso~s.
d. Participation in necisions Aftectina ~ember.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 Board_of
Directors of Authority while it is considering or acting upon a
contract, l~ase, 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 Eoard.
a. Quorum. Members of the Board of Directors
controlling five votes shall constitute a quorum for the
transaction of business.
5~7~
.
b. Action Generall'! (four Votes). {lnless s~ecifically
limited by this agreement, four votes of the Board of Directors
shall be required to act upon any matter.
c. Pe!:'illanent Chances in Routes. Any permanent change
in regularly scheduled bus routes requires four votes of the
Board of Directors including all the votes of the jurisdiction in
which the chanqe would occur. Examples of changes in bus 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. Em~rgency 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. ~atters Reauirinc 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 amendreent of Bylaws.
ii. Any contract for a period longer than one
ye a ~. .
iii. Designation of the Authority Treasurer as
provided in paragraph 9(b).
e. Effective Date. Any of the actions listed in
subsections 5c or 5d shall not be passed within fourteen days of
their introduction. When any of the actions listed in these
subsections are altered after introduction, they shall be passed
at least fourteen days after alteration. Good faith compliance
with the notice requirements of Section ~ shall be sufficient
notice to ~embeL jurisdictions.
0'1
r,
l ' \
)
6. Notice of Board Actions.
a. Aoendas. A copy of the meetinq agendas for each
Board of Directors meeting shall be mailed to each member of each
member j ur isd i ction ~overning body a t the same time that the
agenda is mailed to the Board of Directors.
b. Minut~s. The minutes of each Board of Directors
meeting shall be mailed to each member of each member
jurisdiction governing body within seven days of the meeting in
conjunction with their distribution to the Board of Directors.
7. Bylaws. To further establish and govern the Eoard of
Directors' procedures, substantive responsibilities, and
organizational structure the Board may adopt Bylaws. Bylaws and
any amendments thereto shall be adopted 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.
10;
',.. ,
-( ,
, .;
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 11TC, State,
Federal, or other sources available for the
planning, acquisition, construction,
maintenance, operation, administration, or
other support of such facili ties or services:
. provided that Authority shall be empowered on
behalf of member jurisdictions without furthe~
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 whi~h
the City will be permitted to maintain
within the JEPA. Livermore shall have the
}] ~ -<'11
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. Authority may,'
however, administer RIDEO during this
period. For the period FY 85/86 and FY
86/87, Livermore shall file a separate
claim for operating funds, and Livermore's
operating budge~ shall be separately
accounted for. In addition, during this
period, any claim for Livermore's
unallocated funds must have the approval
of Livermore. Live~ore 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 Sa(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 paragrarh
8a(ii). ~ember jurisdictions shall be
bound by and carry out such commitment
q :i:Y ,
(
of Au thor i ty(lur ing the term of such
contract, notwithstanding 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 ~ive 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 facH i ties;
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 Coce Section 53601;
10 ~f ,r<
(' , I
X. Delegate within the limitations of Government
Code section 6508 all or a portion of its
functions to an administrative entity for the
purpose of proqram development,' policy
formulation, or program implementation;
Xl. Adopt a conflict of interest ,code;
xii. Do all other reasonable and necessary acts to
fulfill the purposes of this agreement.
b. Soecial Transportation Services.
i. Any member agency may provide additional funding
to Authority for special transportation
services e9uaI to their costs. In that event,
Authority will provide enhancerl service levels,
to that member jurisdiction in proportion to the
l
additional funding provided.
ii. Authority may exercise all or a portion of the
powers set forth in paragraph ~a to provide
transportation other than for the gener~l public
(e.g. elderly, handicapped and other special
transportation needs as currently provided for
in Livermore, in Dublin, and in Pleasanton) and
will maintain current levels of service.
iii.However, notwithstanding any other provision of
this agreement, each member jurisdiction may at
its own option, establish and maintain its own
proqram 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
111 J~
c. Restriction on Power. The wanner 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. FinancL:l.
a. Fiscal Year. The fiscal year for Authority shall be
from July I to June 30.
b. Denository. The Treasurer is designated as the
depository for Authority and is to have custody of all funds of
Authority from \vhatever source. The Treasurer shall be appointed
pursuant to procedures established in the Bylaws. As depository,
the Treasurer shall:
1.
Receive and receipt for all money of Authority
(
and place it in the treasury to the credit of
Au thori ty;
ii. Be responsible on' his/her official bond for
the safek~eping 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 authori ty 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;
(:L af -<.'!
(~ "-
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 8aC 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
Aud i tor shall:
i. Report all receipts and disbursements to
Authority.
ii. Make or contract to make an annual audit of
Authority pursuant to requirements of
Goverrunent Code Section 6505.
d. Pro~erty C~stodian. The Auth,ority 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 ~anager (by whatever title chosen), the general manager
shall also have the authority and responsibility provided by this
section.
e. Buoaet. A procedure for adoption of an annual
budqet may be set forth in the Bylaws of Authority.
~ ~ -
\~QP/'\
V /) (-'
f. Contributions bv ~ember Jurisdictions. Any ~ember
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 rDA 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
relating program funds among member jurisdictions shall virtually
be in accordance with the following formula:
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
Existing levels of intra-city service in Livermore shall be
defined as annual service hours per capita and shall be
maintained at current levels or above, except as provided for in
Section 9.h.
h. Method for Calculatina Service Levels. TDA funds
shall be presumed to have been allocated 'in proportion to service
hours within each member jurisdiction. However, when selectIng
-12-
11f~
service levels, the 80ard may also consider other relevant
factors such as bus miles traveled, farp. box revenues received,
ridership, number of stops, average speed, local ge09raphy and
the impact of r~gional destinations and ~ercentage 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 na~ed as an additional primary insured:
PUBLIC "LIABILITY
General Roaily Injury
General property Damage
or
Combined Single Limit on
Damage Liabil ity
- 51,000,000 Per Occurrence
- $ 100,OOO Per Occurrence
Bodily Inj ury and Property
- 51,000,000
- $1,OOO,OOO Per person/SIO,OOO,OOO
Per Occurrence
- 5 250,000 per Occurrence
VEHICLE LIABILITY
Bodily Injury
Property Damage
or
Combined Sin<tle
Liabil i ty
Limit on Borlily Injury and Property Damage
- $10,000,000
/5~
12. Indemnification. The Authority shall hold each member
. I
jurisdiction, its elective and appointive Boards, Commissions,
officers, ngents, and employees, harmless from any liability for
damage or claims for damage for personal injury, including death
as well as from claims from property aamage which may arise frem
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, ~r 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 transFOrtation services within all or
substantially all of the service area of Authority, the surplus
money and acquired property of Authority may be transferred to
such public entity upon its assumption of all (monetary)
liabilities of Authority, and authority ~hall thereafter
terminate.
b. Withdrawal of Member Jurisdiction. Upon withdrawal
of one or more member jurisdictions as provided in paragraph 14,
I~ 0; 91''1
the accuired 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 nember jurisdiction.
To facilitate such distribution, property may be distributed in
kind or reduced to cash by sale. Any distribution of cash,
i ncl ud ingsurpl us moneys, to a member j ur isd i ct ion 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 oisagreement
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. Terr.l of Agreement. This agreement shall become_
effective June 1,1965, and shall remain in full force and effect
50 long as there are two or more member jurisdictions.
15. Termination. Except as provided in paragraph l2a (for
Successor Public Entity), termination of this agreement shall be
effected only as follows:
a. Individual Member Withdrawal. A member jurisdiction
may terminate its participation in this agreement and Authority
at any time, rrovided 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
(
) '1 /?t;~/. " "'.
~,~. ) ..1
.:./ - I
upon written notice to Authority any time before the effective
date of termination, provided, however, that the Board must
approve such rescission.
If Auth~rity 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 eli?ible 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 l!lemher
jurisdiction shall continue to provide assurances and perform
acts as required hy paragraph 8a(iii) (b) of this agreement.
During the term of such contract, Authority shall provide a
term ina ted member j ur isd i ct ion publ ic transporta t ion serv.ices
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 r.y paragraph 8a( ii),
t
executed long-term contract for public tr~nsportation services
which cannot be canceled or 0ivided and which includes a
commitment to clai~ and exrenn financial assistance for. the
period of such contract, then Authority may not he dissolved
J2)~
t I
.,:..): 1
'7 '
I
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 cons~nt 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 fir~t
execute a facsimile of this Joint Exercise of Powers Agreement
ann 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. Severability. Should any part, term, portion, or
provision of this agreement be finallv decided to be in ~onflict
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 j ur i sd i ct ions in tended to enter into in
the first instance.
PUBLIC WORKS AGENCY
)'11~~
.
'ALAI\ll.~I)A l'Ol~N'I'Y FLOOD l'ON'I'HOL
AND
W A '1' 1"': I{ ('ON~"lI';I~ V A'I'ION I >IH'I'I~ I( ''('
399 Elmhurst Street · Hayward. CA 94544-1395 · (415) 881-6470
. , !...J
.' ..":.....'
I > , ."
/(i ~. v:- .,/
~.. l'
,,11- (., 'I'
"I
AGENDA ~ May 28, 1985
May 20, 1985
The Honorable Board of Supervisors
Administration Building
Oakland, CA 94612
Dear Board Members:
SUBJECT: Approval of County Participation in Valley
Transit Authority Joint Exercise of Powers
Agreement
RECOMMENpATION:
It is recommended that your Board:
1. Approve and authorize the chairman of the Board to execute
the attached Valley Transit Authority Joint Exercise of
Powers Agreement;
SUMMARY:
For the past year, the policy committee, consisting of represen-
tatives of Dublin, Pleasanton, Livermore and the County, have been
reviewing studies and documents relating to the formation of a
Joint Exercise of Powers to establish a Valley Transit Agency to
provide public transportation services with the jurisdictions of
the four agencies. Such activity is permitted by California
Government Code Sections 6500 et seq.
The Joint Powers Agreement has been approved by the City of
Pleasanton, the City of Dublin, and by the City of Livermore.
Member jurisdictions may be funded by the Metropolitan
Transportation Commission (MTC) under California Public Utilities
Code Section 99l07(b) and 99289, to claim, receive and expend
Transportation Development Act (TDA) funds. Member jurisdictions
propose to use such funds as follows:
population of Member Jurisdiction x rOA funds available
Total Service Area Population
db f}.p.. /~ / r
;t., !
The Honorable Board of Supervisors
MAY 2", 1985
Page 2
ACTION BY CITIES:
The Ci ty of PI easanton adopted the Joint Exercise of Powers and
the Negative Declaration on March 12, 1985.
The city of Dublin approved the Joint Exercise of Powers in May
1985.
The City of Livermore voted to approve the Joint Exercise of
Powers on May 21, 1985.
DISCUSSIONS/FINDINGS:
The policy Committee made up of the three cities and Alameda
County determined that there was a need for transit services in
the Valley area. Member jurisdictions wish to provide services as
an alternative to the private automobile, to assist those without
private transportation, to improve fuel conservation, assist
environmental goals and obtain efficiencies of joint operation and
service.
The Agreement provides creation of the Transit Authority as a
separate and distinct public entity from member jurisdictions, to
administer and implement this agreement and to exercise common
powers contained in the JPA document. The Board as the JPAs are
written will consist of seven members, two from each city and one
from the county. Each member jurisdiction may appoint one alter-
nate to act in the absence of the regular member.
Powers include owning, developing, operating, administering a
public transportation system or contracting to do the same; ap-
plying, receiving and utilizing financial assistance, and all
standard activities common to a public agency as outlined in the
Agreement.
FINANCING:
Transportation Development Action (TDA) funds would be used which
would have no impact on county finances.
Very truly yours,
HAF : HRH
. A,L?~qR.
TOR OF PUBLIC WORKS
~
Ene. JPA 5-2-85
';
C>'{ of ;l \
/
THE FOLLOWING MINUTE ORDER was passed and adopted by the following
(
vote of the Board of Supervisors, County of Alameda, State of California
on
May 28. 1985
to wit:
The County Participation in Valley Transit Authority Joint Exercise of Powers
Agreement was approved as recommended with the following condition added : That
there be no condemnations without prior approval of this Board of Supervisors.
AYES:
Supervisors Campbell, Cooper, George, Knox and Chairman Santana - 5
NOES: None
(
EXCUSED:
None
***
FILE fl. 1935
I aRTlFY THAT THE FOREGOING IS A COR.
RECT COPY OF A MINUTE ORDER ADOPTED BY
THE BOARD Of SUPERVISORS, AlAMEDA
COUNTY, CAliFORNIA f/ifW 2 8 1~65
ATIEST: MllV 28 '1985
WILLIAM MEHIWEIN, CLERK OF
. THr:RD ~f SUPERVISORS .
BY: 'J't^"'~'l 11'1l ~^~
AGENDA 11 2
MINUTE ORDER
1221B
C):J :f '- /..1
THE FOREGOING MINUTE ORDER ....as passed and adopted by the following
vote of the Board of Supervisors. County of Alameda. State of California.
on
June 4. 1985
. to wit:
APPROVED AS RECOMMENDED:
With the condition that the Board of Supervisor's Minute Order of May 28. 1985
be. and the same is hereby. rescinded and set aside.
AYES:
Supervisors Campbell. Cooper, George. Knox and Chairman Santana - 5
NO ES :
None
EXCUSED:
None
*....
FII.E # 1935
I CERTIfY THAT THE FOREGOING ,~ A COR-
RECT COpy OF ~ MINuTE ORDER ADOPTED BY
THE BOARD Of SUPERVISORS, ~DAO 4 1085
COUNTY. CAlIFORJUNN'A 04 0 _ .J
ATIEST: L8J
WILLIAM MEHRWEIN, CLERK Of
T1i~ARO.OFS~~.f 5
BY: ~V'\AAl
AGENDA If 2
MINUTE ORDER
OJ06B
i
i
I
I I
i I
I I
I
I
I
~n
_) '1., ,<',"','
cy.:..;&.P -, '
. .-...... ."-" ..---. ~~ ~...._......
1052 South c.;'/ermcr?'.l,venw
L:vermcrp.. GA ]455(
,4 ~ 5) .!49-~CC{
June 17, 1988
JRECEIVEO
JJUN 21 IS_8S
. LrlERMORE/AMAOOR VALLEY
iTAANSIT AUTHORITY
Livermore/Amador Valley Transit Authority
200 Old Bernal Avenue
Pleasanton, CA 94566
SUBJECT: Amendment to JEPA Agreement
Gentlemen:
At their June 13 meeting, the Livermore city council adopted
Resolution No. 155-88, authorizing execution of the Amendment
to the Joint Exercise of Powers Agreement. A copy of that
resolution is enclosed for your information.
Also enclosed are two original copies of the Amendment, which
have been signed by our Mayor, the City Attorney and myself.
Please insure that this office receives a fully executed
original copy of this Amendment when the remainder of
the appropriate signatures have been received.
Sincerely,
@~<<~
Carol Greany
city Clerk
CG/ao
Enclosures
:It Atf1J t>~ :A.A .ii~,~ ,;J1j
81-{ ~ ;;::':-1
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE
STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT
(Livermore/Amador Valley Transit Authority Joint Exercise
of Powers Agreement)
WHEREAS, the Livermore City Council entered into a Joint Exercise
of Powers Agreement with the Cities of Dublin and Pleasanton and the
County of Alameda in May of 1985 which created the Livermore/Amador
Valley Transit Authority; and
WHEREAS, the Authority desires to amend this agreement to change
the provisions relating to insurance requirements; and
WHEREAS, section 16 of the JEPA requires that the agreement can
only be amended by unanimous approval of all member jurisdictions.
NOW, THEREFORE, BE IT RESOLVED by the Livermore City council that
the Mayor is authorized to sign Amendment #1 to the Livermore/Amador
Valley Transit Authority Joint Exercise of Powers Agreement, a copy of
which is on file in the Office of the city Clerk.
APPROVED AS TO FORM:
~
On motion of Councilmember
Brown
, seconded by
Councilmember
Bartoli
, the foregoing Resolution was passed
and adopted this 13th day of
June
, 1988, by the
following vote:
AYES:
COUNCILMEMBERS Vargas,Brown,Wieskamp,Bartoli & Mayor Turner.
NOES:
NONE
ABSENT: NONE
RESOLUTION NO. 155-88
(
(
ATTEST:
@~ ~/~ -
CITY CLERK
o
~5 ()-f ,J, / r'
:)"
fI
-2-
LIVERMORE, CALIFORNIA
RESOLUTION NO. 155-88
;It ~ .!74
AMENDMENT 1 (1987)
TO
LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
The LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY Joint Exercise
of Powers Agreement entered into as of the fifth day of May,
1985, by and between COUNTY OF ALAMEDA, the CITY OF DUBLIN, the
CITY OF LIVERMORE, and the CITY OF PLEASANTON is amended to
provide as follows:
1. section 11 Insurance:
A. 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
General Property Damage
or
Combined Single Limit on
Bodily Injury and Property
Damage Liability
$1,000,000 per occurrence
$1,000,000 per occurrence
$1,000,000 per occurrence
Vehicle Liability
Bodily Injury
$1,000,000 per occurrence
Property Damage or
$ 250,000 per occurrence
Combined Single Limit on
Bodily Injury and Property
Damage Liability
$1,000,000 per occurrence
B. Authority shall require the Maintenance and Operation
Contractor, at 'its sole cost and expense to maintain in full
force and effect comprehensive general liability insurance with
1
/)1 (b,f l,/ r
rt ~ t
primary coverage of at least $500,000 combined single limit
bodily injury and property damage liability.
C. Maintenance and Operation Contractor shall also
procure and maintain in full force and effect an umbrella
liability insurance policy in the amount of $10 million and each
member jurisdiction shall be named as an additional primary
insured under the comprehensive general liability primary
coverage and the umbrella liab~lity coverage.
D. Maintenance and Operation Contractor shall provide
Authority with vehicle liability insurance with primary coverage
of at least $1 million and a separate umbrella liability
insurance policy to provide vehicle liability' coverage of an
additional $10 million.
E. In the event Authority is advised that the Maintenance
and Operations Contractor is unable to procure the limits of
insurance as set forth above, then in that event Authority shall
take immediate steps to procure coverage as outlined in para-
graphs B, C, and D above.
IN WITNESS WHEREOF, the parties hereto have executed this
(
AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT by their duly
authorized officers and representatives as of the date indicated.
Dated:
APPROVED AS TO FORM:
COUNTY OF ALAMEDA
County Counsel
Chairman
Board of Supervisors
ATTEST:
Clerk, Board of Supervisors
Dated:
APPROVED AS TO FORM
CITY OF DUBLIN
City Attorney
By
Mayor
ATTEST:
City Clerk
. -,- -2---'----.
Dated: (J:::~/1f!
E AS TO F
~~~~
City Clerk If--
Dated:
APPROVED AS TO FORM
City Attorney
ATTEST
City Clerk
CI
By
Mayor
~g ~ "
.r J
'- ..:.,,)~.;
(', I
CITY OF PLEASANTON
By
Mayor
3
v2Q ~?l-(
t"".
{
VARNI, FRASER, HARTWELL & RODGERS
ATTORNEYS AT LAW
A ~Ar.ATNERS.""P fNCL.UOtNG
PRoFESSIONA'- CCRPOI:J~TIONS
2109 ~CURTH STREET. P. O. BOX Sf' . LtVERMORE. CA 9~!5S0.~S51 . (..115) 447..1222
FlI..E NO:
July 10, 1990
703245
;RECEIVED
Peter H. LaChapelle, Esq.
Deputy County Counsel
County of Alameda
1221 Oak Street, Room 463
Oakland, CA 94612
JUL 11 19~O
UYERMOREI AMADOR VALLEY
TRANSIT AUTHORITY
Re: LIVERMORE-AMADOR VALLEY TRANSIT AUTHORITY
JOINT EXERCISE OF POWERS AMENDMENT NO. 1
Dear Pete:
(
As you know, I have been asking you to find the above-
referenced document previously forwarded to you and which had been
signed by the mayors of Livermore, Pleasanton and Dublin. Since
your office and the County Administrator's office cannot find the
original document, I am including with this letter a new original
plus a copy of the old document. Please have the risk manager
approve the document, have the original properly executed and
return it to me at your earliest convenience.
If there are any insurance questions (which was the hang up
before), please have your risk manager telephone Ben Fernandes at
Cooper and Cook, (415) 846-4423.
The Transit Board and the General Manager of the Livermore-
Amador Valley Transit Authority are anxious to get this matter
concluded.
Very truly yours,
VARNI, FRASER, HARTWELL & RODGERS
KEITH S. FRASER
KEITH S. FRASER
KSF:br
Enclosures
Icc: Mr. Vic'Soad, General Manager
HAYWARD OFFICE
JCfQl[P1f
.416 TENNESSE~ ST.
PLEASANTON OFFICE
5960 INGt..EWQOO OR.
<.277' MAIN STREET
r'J o,~ r'"
~6.~.:J' r ,
AMENDMENT 1 (1987)
m
LIVERMORE-AMADOR VALLEY TRANSIT AUTHORITY
JOINT EXERCISE OF' POWERS AGREEMENT
The LIVERMORE-AMADOR VALLEY TRANSIT AUTHORITY Joint Exercise of
Powers Agreement entered into as of the fifth day of May, 1985, by
and,between COUNTY OF ALAMEDA, the CITY OF nUBLIN, the CITY OF
LIVERMORE, and the CITY OF PLEASANTON is amended to provide as
follows:
1. Section 11 Insurance:
A. Authority shall maintain insurance coverage in at least
the following amounts and each member jurisdiction shall be named as
an additional primary insured:
Public Liabilitv
General Bodily Injury
General Property Damage
or
Combined Single Limit on
Bodily Injury and Property
Damage Liahility
S1,000,000 per occurrence
51,000,000 per occurrence
$1.000,000 per occurrence
Vehicle Liabili~
Bodily Injury
Sl,OOO,OOO per occurrence
Property Damage or
S 250,000 per occurrence
Combined Single Limit on
Bodily Injury and Property
Damage Liability
Sl,OOO,OOO per occurrence
B. Authority shall require the Maintenance and Operation
Contractor, at its sole cost and expense to maintain in full force
and effect comprehensive general liability insurance with primary
coverage of at least $500,000 combined single limit bodily injury
and property damage liability.
31 (L)t I
-/1 ~.,(
(
C. Maintenance and Operation Contractor shall also procure
and maintain in full force and effect an umbrella liability in~urance
policy in the amount of S10 million and each member jurisdiction
shall be named as an additional primary insured under the compre-
hensive general liability primary coverage and the umbrella
liability coverage. . .
D. Maintenance and Operation Contractor shall proviqe
Authority with vehicle liability insurance with primary coverage of
at least $1 million and a separate umbrella liability insurance
policy to provide vehicle liability coverage of an additional S10
million.
E. In the event Authority is advised that the Maintenance
and Operations Contractor is unable to procure the limits of insur-
ance as set forth above, then in that event Authority shall take
immediate steps to procure coverage as outlined in paragraphs B; C
and D above.
IN WITNESS WHEREOF, the parties hereto have executed this
. .
Amendment to Joint Exercise of Powers Agreement by their duly
( authorized officers and representatives as of the date indicated.
Dated:
APPROVED AS'TO FORM:
4"V
COUNTY OF ALAMEDA
/jo.J ~
Chairman
Board of Supervisors
County Counsel
ATTEST:
"
Dated:
<S~p.gvisors
. ...:..~.
'1
.~";'o
.~... ~ .
~.. ".
APPROVED AS TO FORM:
CITY OF DUBLIN
City Attorney
Mayor
ATTEST:
City Clerk
~ .
3d, ~ ~e)!l
I '
('
primary co~erage of at least $500,000 combined single limit
bodily injur~ and property damage liBbi~ity.
c. Haintenance and Operation Contract~.shall alae
procure and maintain in full ferce and effect an umbrell~
liability iDsuran~e policy in the a~ouDt of $10 million and each
memb~r juriPGiction shall be named as an additional primary
insu~ed under the comprehen~ive general li~ilitl primary
coverage And the um~rella liCl):)i11ty coverage.
O. Maintenance and Operation Contractor shall provide
Authority with veb1cl~ liability insurance with primary coverage
of at lea6~ 81 million and a separate umbrella liability
~naurance policy ~o pro~1de vehicle liability coverage of an
~dQitional $10 mi~11on.
E. In the event Au~hority ia advised that the Maintenance
and opera~1on5 Contraceor is unable to procure the limits of
insurance as set !orth above. then in that eVen~ Authority shall
ta~e immediate steps to procure co~eraqeas outlined in para-
~rapns B, C, and 0 above.
IN WI~NESS WHEREOF, the parties hereto h~ve executed thi~
~ENDMENT TO JOINT EX2RCIBS OF POWERS AGRE~HENT by their duly
authorized. officers and rept'esentatives as of the ~ate indicated.
Dated:
APPRoVEU AS ~o FORK:
COUNTY OF ALAMEDA
County Counsel
Chairman
Board of Sup~rvi5ors
A'1"l'EST:
Clork. Board of ~upervieorB
Oated:
Al
~"
APPROVED AS TO ~ORM
-</ - . .-
. .. : ,"."( (/ I'"').
'-. .'1 :, \'"L
:.:i..: City Attorn~y .
C~_'Dl1TJL_IN
: r .~O~~~
ATTEST:
~~C~.~.~
City ClerK
2
,
\
ff
D~ 0"\)1
'/\
I,
\.
..
,
.
~
\
\.
. \
\
,
\
;.~
~
.
~~
~a.yO"
1
,
I
.
,
\
~
\
.
\
i
\
I
.
,
\
,
\..
\
~
"
.
\
t
\
\
!
\
\
i
,
~
VARNI, FRASER, HARTWELL & TRUTNER
::2 It .~: I
- j 'I Q~~' )' J,
'--" ......,.,-'
."=____.' I
JUN1 3 2001
ATTORNEYS AT LAW
UVEF" . :':-- 'IA~"
Tf\;...o.....:..: ~.;~~
'<
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
2109 FOURTH STREET
P.O. BOX 511
LIVERMORE. CALIFORNIA 94550-4551
(925) 447-1222
FAX: (925) 443-7831
tv. YWARD OFFICE
22771 HAl" STREET
P.O. lOX 570
HAYWARD. CA 9~S~3
(5101 eea.sooo
fAX (5101 538-8797
tiN S. HARTWElL
(19Z4-1993)
,
June 12,2001
703245
Michael Roush, Esq.
City Attorney
City of Pleasanton
Box 520
Pleasanton, CA 94566
Elizabeth Silver
City Attorney
City of Dublin
P. O. Box 2340
Dublin, CA 94568
Dan Sodergren, Esq.
Acting City Attorney
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
Richard E. Winnie, Esq.
County Counsel
County of Alameda
1221 Oak Street
Oakland, CA 94612
Re: LIVERMORE-AMADOR VALLEY TRANSIT AUTHORITY
AMENDMENT 2 TO JOINT EXERCISE OF POWERS AGREEMENT
Ladies/Gentlemen:
Enclosed for your records is a copy of Amendment 2 to the Joint Exercise of Powers
Agreement (JEP A) signed by the Cities of Livermore, Pleasanton, and Dublin and the County
of Alameda.
Thank you for your cooperation regarding this matter.
Very truly yours,
VARNI, FRASER, HARTWELL & TRUTNER
KEITH S. FRASER
KEITH S. FRASER
KSF:br
Enclosure
cor-Mr. Vic Sood
JEPA2any.ltr,wpd
&Q.OlE11i171"I tl!fltiW
$~
,
I
,
I
AMENDMENT 2 (2000)
TO
LIVERMORE-AMADOR V ALLEY TRANSIT AUTHORITY
"
JOINT EXERCISE OF POWERS AGREEMENT
The LIVERMORE-AMADOR V ALLEY TRANSIT AUTHORITY Joint Exercise of Powers
Agreement entered into as of the fifth dayofMay. 1985, and as amended on September 17. 1996, as
l\rnendment 1 (1987) by and between COUNTY OF ALAMEDA, the CITY OF DUBLIN. the CITY OF
~rvERMORE, and the CITY OF PLEASANTON is amended to provide as follows:
Section 11 Insurance:
Authority shall maintain insurance coverage in at least the following amounts and each member
msdiction shall be named as an additional primary insured:
(
Public Liability
General Bodily Injury
General Property Damage
or
Combined Single Limit on
Bodily Injury and Property
Damage Liability
$1,000,000 per occurrence
$ 100,000 per occurrence
$1,000,000 per occurrence
Vehicle Liability
Bodily fujury
$1.000,000 per person/$l 0,000,000 per occurrence
Property Damage or
$ 250,000 per occurrence
Combined Single Limit on
Bodily Injury and Property
Damage Liability
$10,000.000 per occurrence
I ,
LA V JEP Aamend2,AGT. wpd
3b~
IN WITNESS WHEREOF, the parties hereto have executed this Amendment 2 (2000) to Joint
"
':) . i
(=.xercise of Powers Agreement by their duly authorized officers and representatives as of the date indicated.
Dated: ~1l ~ r 1ro1
,
AP~ROVED AS TO FORM:
~k
OF ALAMEDA
By:
Chairman
Board of Supervisors
:ounty Counsel
\.TIEST: .
:lerk, Board of Supervisors
Dated:
.PPROVED AS TO FORM:
CITY OF DUBLIN
By:
Mayor
ity Attorney
TIEST:
ity Clerk
Dated:
?PROVED AS TO FORM:
CITY OF LIVERMORE
By:
Mayor
ty Attorney
~EST:
-:y Clerk
2
LA V JEP Aamend2,AGT. wpd
3'1 ~c'll
/.
IN WI1NESS WHEREOF, the parties hereto have executed this Amendment 2 (2000) to Joint
Exercise of Powers Agreement by their duly authorized officers and representatives as of the date indicated.
Dated:
APPROVED AS TO FORM:
COUNTY OF ALAMEDA
:ounty Counsel
\ TIEST:
:lerk, Board of Supervisors
Dated:
~ity Attorney
:~A 1Wt
M 0
\PPROVED AS TO FORM:
(
Dated:
.PPROVED AS TO FORM:
~deL ~S;~
ity Attorney
CITY OF LIVERMORE
By:
Mayor
TTEST:
ity Clerk
2 ·
LA VJEP Aamend2.AGT wpd
,.29 ~ ,~;!.
l'\
IN WITNESS WHEREOF, the parties hereto have executed this Amendment 2 (2000) to Joint
I
Exercise of Powers Agreement by their duly authorized officers and representatives as of the date indicated.
Dated:
"
APPROVED AS TO FORM:
.
COUNTY OF ALAMEDA
County Counsel
By:
Chairman
Board of Supervisors
A TrEST:
Clerk, Board of Supervisors
Dated:
APPROVED AS TO FORM:
CITY OF DUBLIN
By:
Mayor
:ity Attorney
<\ TrEST:
:::ity Clerk
Dated:
~:
:ity Attorney
\3*
CITY OF LIVERMORE
By:6~//'~~
Mayor
\Tr~T: . / ~
{;:late. (/tt{{c{~
~ity Clerk
2 ·
LA V J EP Aamcnd2.AGT. wpd
/ ..
Dated: ()C~ /7,0-000
~PPROVED AS TO FORM: IJ
~ It.L{ ~ t~~..-z
:ity Attorney
.rrEST ~
~~ ;y~
;ity er ~
(
3q~- ~'~-I
3 ·
LA V JEP Aamend2.AGT. wpd
!.fa 154
AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING
THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY
THIS AGREEMENT ("Agreement") is made and entered into by and between the
County of Alameda, the City of Dublin, the City of Livermore, the City of Pleasant on, and any
additional public agency meeting the requirements of Section 5.2 hereof which are or become
signatories hereto (collectively hereinafter "Members" and "Member Jurisdictions").
WHEREAS, in 1985, the County of Alameda, the City of Dublin, the City of Livermore
and the City of Pleasant on entered into a Joint Exercise of Powers Agreement ("JEP A") creating
the Livermore/Amador Valley Transit Authority ("Authority") pursuant to Title 1, Division 7,
Chapter 5, Article I (96500, et seq.) of the California Government Code, for the purpose of
providing coordinated public transportation services within the Service Area (as herein defined);
and
WHEREAS, since it was founded in 1985, the Authority's operations have grown
significantly; and
WHEREAS, in 1987 and 2000, the Member Jurisdictions amended provisions of the
JEP A to revise certain insurance requirements; and
WHEREAS, the County of Alameda, the City of Dublin, the City of Livermore and the
City of Pleasant on now desire to enter into an Amended and Restated Joint Exercise of Powers
Agreement to modify and update provisions pertaining to the structure and operation of the
Authority.
NOW, THEREFORE, the parties mutually agree as follows:
ARTICLE I: GENERAL PROVISIONS
Section 1.1. Purpose. The purpose of this Agreement is to establish the Authority to provide for
the joint exercise of powers common to the Member Jurisdictions to own, manage, operate and
maintain a public transportation system in the Service Area. The Member Jurisdictions further
desire to jointly exercise such powers to claim, receive and utilize all forms of regionally
allocated, State, Federal, or other grants or revenues, including, upon appropriate findings by the
Metropolitan Transportation Commission (hereinafter "MTC"), funds under the Transportation
Development Act (hereinafter "TDA") (California Public Utilities Code Sections 99207(b) and
99289).
Section 1.2. Creation of Transit Authority. There is hereby created the Livermore Amador
Valley 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.
ATTACHMENT 2
q I ~ 5/j
Section 1.3. Effective Date of Agreement. This Agreement shall become effective when signed
by all current Member Jurisdictions and shall supersede the JEP A and any other prior
agreements.
Section 1.4. Term. This Agreement shall remain in full force and effect so long as two or more
Member Jurisdictions remain parties to the Agreement or until it is superseded by a future
agreement.
ARTICLE II: POWERS
Section 2.1. 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:
(a) 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;
(b) Make and enter into contracts, including contracts with any person, firm, or public
agency, to provide public transportation facilities and services, or to improve such
facilities and services.
(c) Apply for, receive, and utilize all forms of financial assistance available 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, on behalf of Member
Jurisdictions, Authority shall further be empowered to directly apply for, receive, and
utilize such financial assistance for which Member Jurisdictions are eligible,
including, without limitation, TDA funds. The Member Jurisdictions specifically
agree to the following provisions relating to funding:
1) Except as specifically provided by Section 2.2, Member Jurisdictions shall not
compete with Authority for TDA public transit funds within the Service Area.
2) In contracting for public transportation services as authorized by sub-section
2.1 (b) 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 sub-section 2.1 (b). Member Jurisdictions shall be bound by and
carry out such commitment of Authority during the term of such contract,
notwithstanding termination of this Agreement, subject to equitable
adjustments required by Section 6.9.
3) 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 Article.
(d) Hire and employ agents and employees, and contract for professional or other
consultants and services, and reimburse Member Jurisdictions for the value of
services rendered;
(e) Adopt By-Laws to further establish and govern the Board of Directors' procedures,
substantive responsibilities, and organizational structure;
2
L(d " 54
(t) Enforce all provisions of this Agreement;
(g) Sue and be sued in its own name;
(h) Levy and collect fees and charges, including administrative and operating costs to
third parties who receive the benefit of services from the Authority;
(i) Negotiate for, acquire, lease, hold, manage, maintain, control, or dispose of real and
personal property, including transportation equipment and facilities;
(j) Condemn property in eminent domain proceedings, provided that the Authority
obtains the consent of the City Council of any city in which the property is located or
the County Board of Supervisors for any property located in an unincorporated area
of the County, prior to consideration of the resolution of necessity;
(k) Incur debts, liabilities and obligations, which shall not be the debts, liabilities, and
obligations of the Member Jurisdictions, or any of them except as provided in Section
5.3;
(1) Invest moneys not needed for immediate necessities in accordance with an investment
policy adopted by the Board of Directors;
(m) Delegate within the limitations of Government 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;
(n) Adopt a conflict of interest code; and
(0) Do all other reasonable and necessary acts to fulfill the purposes of this Agreement.
Section 2.2. Special Transportation Services.
(a) Any Member Jurisdiction may provide additional funding to Authority for special
public transit transportation services equal to their costs. In that event, Authority will
provide enhanced service levels to that Member Jurisdiction in proportion to the
additional funding provided.
(b) Authority may exercise all or a portion of the powers set forth in Section 2.1 to
provide transportation other than for the general public (e.g. elderly, handicapped and
other special transportation needs as currently provided for in Livermore, Dublin, and
Pleasanton) and will maintain current levels of service.
(c) However, notwithstanding any other provision of this Agreement, each Member
Jurisdiction may, at 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.
Section 2.3. Restriction on Power. The manner of exercising powers granted Authority by this
Agreement shall be subject to the same restrictions as imposed upon the City of Pleasant on in
that agency's exercise of similar powers as required by Government Code Section 6509,
including but not limited to those restrictions pertaining to public contracts.
ARTICLE III: GOVERNANCE
Section 3.1. Governing Body. Authority shall be governed by a Board of Directors (hereinafter
also known as "Board").
3
/13 ~ 6Lf
Section 3.2. Composition. There shall be seven (7) members of the Board of Directors. Each
city Member Jurisdiction shall appoint two (2) regular representatives to the Board of Directors.
The County of Alameda shall appoint one (1) regular representative. In the event an additional
municipal Member Jurisdiction joins the Authority, the authorized membership of the Board of
Directors shall increase by two (2) members and each new Member Jurisdiction shall appoint
two (2) regular representatives to serve on the Board of Directors.
Section 3.3. Alternates. In addition to their regular representatives, each Member Jurisdiction
may appoint one (1) alternate representative to act in the absence of the Member's regular
representatives.
Section 3.4. Qualifications. 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. Any
Director or alternate Director that is an elected member of the Member Jurisdiction's governing
board shall cease to be a Director when such person ceases to hold that office
Section 3.5. Selections and Approval. Representatives shall serve solely at the pleasure of the
appointing Member Jurisdiction and shall be appointed in a manner established by the Member
Jurisdiction. All vacancies on the Board shall be filled by the Member Jurisdiction with thirty
(30) days of the effective date of the vacancy or as soon thereafter as the Member Jurisdiction
may legally act.
Section 3.6. Participation in Decisions Affecting Member Jurisdictions. 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 Board of Directors of Authority while it is
considering or acting upon a contract, lease, or other transaction with such Member Jurisdiction.
Section 3.7. Committees. The Board of Directors shall establish such committees, either
standing or ad hoc, as it deems necessary and appropriate to assist the Authority in carrying out
the purposes of the Agreement. The establishment of standing committees, as well as their
composition, method of appointment, governance, role and purpose, shall be designated in the
By-Laws of the Authority as adopted by the Board.
Section 3.8. Meetings. All meetings of the Board of Directors shall be public meetings unless a
specified closed session is held in accordance with the Ralph M. Brown Act (California
Government Code Section 54950 et seq.) ("Brown Act"). The Board shall hold regular meetings
at such dates and times as are fixed pursuant to a procedure that shall be established by the By-
Laws. Special meetings and emergency meetings of the Board of Directors may be called in
accordance with State law and pursuant to the By-Laws. All meetings of the Board of Directors,
including without limitation, regular, adjourned regular, and special meetings, shall be called,
noticed, held and conducted in compliance with the provisions of the Brown Act.
4
tJ'-I?f 5Lf
Section 3.9. Quorum. Four (4) members of the Board of Directors, with the authority to
exercise at least five (5) votes, shall constitute a quorum for the transaction of business at
meetings of the Board of Directors
Section 3.10. Voting. Each representative to the Board of Directors shall have one vote, except
that in the absence of a regular or alternate representative of a city Member Jurisdiction at a
meeting of the Board of Directors, the other
Section 3.11. Board Action. Except as specifically limited by Subsection 3.11(a) and (b) of this
Agreement, four (4) affirmative votes of the Board of Directors shall be required to act upon any
matter.
(a) Matters Requiring 14 Days' Notice and Notice to Member Jurisdiction. The
following actions shall require five (5) votes for approval and shall not be passed until
at least 14 days after their introduction at a Board of Directors meeting. When any of
the following actions are altered after introduction, they shall not be effective until at
least fourteen days after their passage. Good faith compliance with the notice
requirements of Section 6 shall be deemed to constitute sufficient notice to Member
Jurisdictions. Any objection to notice shall be made within 14 days of the action.
1) Adoption or amendment of By- Laws.
2) Designation ofthe Authority Treasurer as provided in sub-section 4.2.
3) Approval of any budget actions requiring increased amounts to be paid by any
Member Jurisdiction over and above approved budget appropriations, and
modification of the Member Jurisdictions' contributions to the Authority.
(b) Permanent Changes in Routes. Any permanent change in regularly scheduled bus
routes requires four votes of the Board of Directors including all of the votes of the
jurisdiction in which the change would occur. Examples of changes in bus routes
subject to the limitations of this section include changes in frequencies, 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.
ARTICLE IV: ADMINISTRATION
Section 4.1. Executive Director. The Board of Directors shall appoint and employ an Executive
Director, who shall serve at the pleasure of the Board. In lieu of an Executive Director, the
Board may contract for such management services. At the direction of the Board, the Executive
Director shall work with such committees as may be established and designated for this purpose.
The Executive Director shall be responsible for:
(a) Authority management, strategic planning, financial management, personnel, and
implementation of the Board-adopted annual work program and budget;
(b) Translating Board of Directors policies into operating directives, procedures and
rules;
5
4!S 164
(c) Day-to-day personnel matters and for the hiring and firing of subordinate staff
members;
(d) Obtaining funds for transit services and Authority operations through grants and other
financial resources;
(e) Preparing an annual budget for presentation to the Board of Directors for adoption;
(f) Providing the Board of Directors with data necessary to adopt Authority policies and
advising the Board of Directors on transit matters;
(g) Negotiating, administering and monitoring contracts for transit services;
(h) Procuring necessary facilities, equipment and supplies for the Authority's
administration and operation;
(i) Coordinating the Authority's services with other transit agencies, and representing the
Authority with other agencies, both public and private, and the general public; and
(j) Preparation of an annual report describing the results of program implementation,
transportation surveys, and other information including the successes in attaining the
goals and objectives to advance the purpose of the Authority.
Section 4.2. Treasurer and Auditor. The Board of Directors shall:
(a) Appoint a Treasurer and an Auditor pursuant to California Government Code Section
6505.5; or
(b) Appoint one of its officers or employees to either or both positions pursuant to
California Government Code Section 6505.6. Such offices may be held by separate
officers or employees or combined and held by one officer or employee.
Section 4.3. Legal Counsel. The Board of Directors may appoint legal counsel to represent the
Authority.
Section 4.4. Staff. The Board of Directors may create or approve the creation of staff positions,
or make other arrangements as it deems advisable, to meet Authority's administrative support
services needs, such as, but not limited to, clerical and reception. Staff positions shall be filled
by the Executive Director and staff members shall serve at the pleasure of the Executive
Director.
Section 4.5. Non-Liability of Member Jurisdictions. None of the officers, agents, or employees
directly employed by the Authority shall be deemed, solely by reason of their employment by the
Authority, to be employed by any Member Jurisdiction. All of the privileges and immunities
from liability; exemptions from laws, ordinance and rules; and pension, relief, disability,
workers' compensation, and other benefits which apply to officers, agents, or employees of
Member Jurisdictions shall apply to Member Jurisdictions' officers, agents and employees to the
same degree and extent while they are engaged in the performance of any function or duty for
the Authority as when engaged in such functions or duties for their Member Jurisdictions.
Except as expressly provided for in this Agreement, nothing contained in this Article IV is
intended to nor shall it restrict or limit the rights or abilities otherwise available to the Authority
to enter into agreements or other arrangements with any Member Jurisdiction in accordance with
the terms and conditions of this Agreement and the By-Laws regarding the use of employees of
the Member Jurisdictions in the operations and activities of the Authority.
6
1-1 h <<;f ?^Lj
Section 4.6. Indemnification. The Authority shall defend, indemnify and save harmless each
Member Jurisdiction and its respective councilmembers, officers, agents and employees, from all
claims, losses, damages, costs, injury and liability of every kind, nature and description directly
or indirectly arising from the Authority's performance of its powers, duties and responsibilities
under this Agreement.
Section 4.7. Insurance. The Authority shall acquire and keep in force such insurance policies
with coverage and limits sufficient to protect the Authority and its Member Jurisdictions for
claims for damages arising from the activities of the Authority, its Board of Directors, officers
and employees. It is the intent of this Section that the policies of insurance described herein
include coverage for automobile liability, comprehensive general liability, public officials errors
and omissions, workers' compensation and such excess liability and other perils as the Board of
Directors shall from time to time direct, and that the coverage limits of these policies be
maintained at levels as the Board of Directors shall from time to time direct. Each Member
Jurisdiction shall be named an "additional insured" on the liability coverages or shall receive
equivalent treatment or status under the Authority's insurance program.
ARTICLE V: CHANGES TO MEMBERSHIP AND FORM
Section 5.1. Termination and Dissolution. This Agreement shall be deemed terminated and the
Authority shall be dissolved when only one Member Jurisdiction continues to participate or
when all Member Jurisdictions choose to terminate it. If Authority has, as permitted by sub-
section 2.1 (b), executed a long-term contract for public transportation services which cannot be
canceled or divided except for cause and which includes a commitment to claim and expend
financial assistance for the period of such contract, then Authority may not be dissolved during
the term of such contract unless reasonable alternate terms can be negotiated with the other party
to the long-term contract.
Section 5.2. New Members. Upon the unanimous consent of the Member Jurisdictions, as
evidenced by resolutions adopted by each Member Jurisdiction amending the Agreement and
designating a revised Service Area, any public entity shall be admitted to Authority as a voting
Member Jurisdiction, provided that new Members shall first execute a copy of this Joint Exercise
of Powers Agreement and agree to be bound by their terms and the terms of any other
agreements to which Authority is party.
Section 5.3. Individual Member Withdrawal. A Member Jurisdiction may terminate its
participation in and withdrawal from this Agreement and Authority at any time, provided that
such Member shall give one year's prior written notice of such termination to Authority and
other Member Jurisdictions. Notice of termination may be rescinded upon written notice to
Authority any time before the effective date of termination, provided, however, that the Board
must approve such rescission.
(a) If Authority has, as permitted by sub-section 2.1 (c), executed a long-term contract for
public transportation services which is based on the assumption that the terminated
Member Jurisdiction will claim and expend, on behalf of such service, public
transportation financial assistance for which it is eligible, the terminated Member
7
47 i 5Lt
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 remaining term of such contract. If
possible, Authority will cooperate to arrange an equitable division of the obligations
and benefits of said contract.
(b) A terminated Member Jurisdiction shall continue to provide assurances and perform
acts as required by Section 2.1 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 traceable to such
terminated Member Jurisdiction.
ARTICLE VI: FINANCES
Section 6.1. Fiscal Year. The fiscal year for Authority shall be from July 1 to June 30 of the
following year.
Section 6.2. Property Custodian. The Authority's Treasurer/Auditor and Executive Director
shall have charge, handle, and/or have access to any money, property and assets of Authority.
Section 6.3. Official Bond Required. Pursuant to Government Code Section 6505.1, the
Authority shall require the Treasurer/Auditor and Executive Director to file an official bond in an
amount of at least Five Hundred Thousand Dollars ($500,000). The actual cost of such bonds
shall be a proper charge against the Authority.
Section 6.4. Responsibilities of the Treasurer. The Treasurer is designated as the depository for
Authority and is to have custody of all funds of Authority from whatever source.
(a) As depository, the Treasurer shall comply with the duties and responsibilities ofthe
office or offices as set forth in subdivisions (a) to (d), inclusive, of Government Code
Section 6505.5, as may be amended from time to time:
1) Receive and receipt for all money of the agency or entity and place it in the
treasury of the Treasurer so designated to the credit of the agency or entity.
2) Be responsible, upon his or her official bond, for the safekeeping and
disbursement of all agency or entity money so held by him or her.
3) Pay, when due, out of money of the agency or entity held by him or her, all
sums payable on outstanding bonds and coupons of the agency or entity.
4) Pay any other sums due from the agency or entity from agency or entity
money, or any portion thereof, only upon warrants of the public officer
performing the functions of auditor or controller who has been designated by
the Agreement.
(b) The Treasurer shall also:
1) Maintain all financial books and records necessary to conduct the business of
Authority;
2) Invest any surplus funds not needed for immediate necessities of the Authority
as the Board of Directors deems advisable; provided that such investments
8
48 ~ 91
shall be in the same manner and upon the same terms and conditions as other
local entities' investments in accordance with Government Code Section
53601; and
3) Develop periodic reports to the Board of Director and the Executive Director
regarding receipts, disbursements and the financial condition of the Authority.
Section 6.5. Audit. There shall be strict accountability of all Authority funds. The Authority's
Auditor shall:
(a) Report all receipts and disbursements to Authority; and
(b) Make or contract with an independent certified public accountant to make an annual
audit of Authority pursuant to requirements of Government Code Section 6505; and
(c) Provide copies of the annual audit to all Member Jurisdictions and the Alameda
County Auditor.
Section 6.6. Budget. A procedure for adoption of an annual budget may be set forth in the By-
Laws of Authority. If a procedure is not set forth in the By-Laws, the Executive Director
annually shall prepare a budget for the Authority setting forth anticipated expenses, financing
sources and proposed service levels and programs necessary to carry out the purposes of this
Agreement. The Executive Director shall recommend the budget to the Board of Directors for
approval after reviewing same with any committee the Board may establish and designate for
this purpose. In the event the budget contemplates revenue in the form of monetary
contributions from the Member Jurisdictions, the budget shall be submitted to each jurisdiction
for approval.
Section 6.7. Contributions by Member Jurisdictions. 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. As permitted at
Section 2.2, 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.
Section 6.8. Service Allocation.
In order to insure that service is reasonably distributed among city Member Jurisdictions, the
allocation of service hours for each city Member Jurisdiction shall be in accordance with the
following formula:
Service Hour Allocation = Population of Member Jurisdiction/Total Service Area Population
Population for the purposes of this formula shall be the most recent annual population estimates
from the State Department of Finance. However, when selecting 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
9
LfCJ 0;{ s~
destinations and percentage of residential population within one quarter mile of a bus route.
Service levels shall not differ by more than 15% from population-based allocations, unless
approved by a vote of the Board of Directors that includes the affirmative votes of any city
Member Jurisdiction whose Service Hour Allocation will be more than 15% less than the
population-based allocation. In addition, the Board may, by an action meeting the requirements
of Section 3.11(a), exempt any route or project from inclusion in the Service Hour Allocation
until such time as the Board, by means of an action also meeting the requirements of Section
3 .11 (a), lifts such exemption.]
Section 6.9 Disposition of Surplus Money and Property. This Section shall apply to distribution
by Authority of its surplus money or acquired property. This Section shall not affect the 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 Entitv. Ifby 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, with the unanimous
approval of the Member Jurisdictions the surplus money and acquired property of
Authority may be transferred to such public entity upon its assumption of all
(monetary) liabilities of Authority, and Authority shall thereafter terminate.
(b) Withdrawal of Member Jurisdiction. Upon withdrawal of one or more Member
Jurisdictions as provided in Section 5.3, the acquired property and surplus money of
Authority shall be distributed to the withdrawing Members 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 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(s) disputing the valuation or disposition.
One referee shall be appointed by the Member(s) supporting the valuation or
distribution. One referee shall be appointed by the two referees first appointed. The
decisions ofthe referees shall be final and binding upon the Member Jurisdictions.
ARTICLE VII: MISCELLANEOUS
Section 7.1. Governing Law. This Agreement is made under the Constitution and laws ofthe
State of California and is to be so construed.
Section 7.2. Amendment. This Agreement may be amended from time to time by the
unanimous written approval of all Member Jurisdictions. Such amendment shall take effect upon
the approval ofthe last Member Jurisdiction. Copies of any amendments shall be filed with the
Secretary of State in accordance with Government Code Section 6503.5
10
150 ~r ~ Lt
t'g
Section 7.3. Severability. 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.
Section 7.4. Execution in Counterparts. This Agreement and any amendments may be executed
in counterparts, each of which shall be deemed an original but all of which shall constitute one
and the same Agreement or amendment.
Section 7.5. Successors. This Agreement shall be binding upon and inure to the benefit of any
successors or assigns of the Member Jurisdictions.
IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated Joint
Exercise of Powers Agreement Establishing the Livermore Amador Valley Transit Authority by
their duly authorized officers and representatives as of the date indicated.
COUNTY:
Dated:
COUNTY OF ALAMEDA
APPROVED AS TO FORM:
By:
President, Board of Supervisors
County Counsel
ATTEST:
Clerk, Board of Supervisors
DUBLIN:
Dated:
CITY OF DUBLIN
APPROVED AS TO FORM:
By:
Mayor
City Attorney
ATTEST:
11
? I j 5'1
City Clerk
12
LIVERMORE:
CITY OF LIVERMORE
By:
Mayor
ATTEST:
City Clerk
PLEASANTON:
CITY OF PLEASANTON
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
13
62164
RESOLUTION NO. - 08
83 't5Y
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
'*********
AUTHORIZING EXECUTION OF THE AMENDED AND REST A TED JOINT EXERCISE
OF POWER AGREEMENT WITH THE LIVERMORE / AMADOR VALLEY
TRANSIT AUTHORITY (LAVTA)
WHEREAS, the City of Dublin entered into a Joint Exercise of Power Agreement ("Agreement")
with the cities of Livermore and Pleasanton and the County of Alameda in May of 1985 which created
the Livermore/Amador Valley Transit Authority ("the Authority"); and
WHEREAS, the Agreement was amended in 1988 and in 2000 to reVIse the Insurance
requirements; and
WHERAS, on May 20, 2008, the City Council approved a draft of the Amended and Restated
Joint Exercise of Powers Agreement establishing the Livermore Valley Transit Authority; and
WHEREAS, the Authority has since requested that the City Council consider and approved a
revised version of the Restated Agreement due to a change in Section 3.11 (b) of the Agreement;
WHEREAS, the Authority is desirous of amending and restating the Agreement to facilitate the
smooth operation of the Authority and its Board and to bring it in line with the Authority's current
practices; and
WHEREAS, Section 16 of the Agreement provides that the Agreement may only be amended by
unanimous approval of all member jurisdictions.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amended and Restated Joint Exercise of Powers Agreement Establishing the
Livermore/Amador Valley Transit Authority, as revised and attached to the accompanying staff report,
and does hereby authorize the Mayor to execute said Amended and Restated Joint Exercise of Powers
Agreement.
PASSED, APPROVED AND ADOPTED this_day of August, 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attachment 3
ATTEST:
54 of SLf
(I
City Clerk
G:\Chris\LA VT A \August 19 2008 Resolution re Amended and Restated JEP A {F1NAL).DOC