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HomeMy WebLinkAboutContract 0556-2 e - 5-6 -02) in 0 66,07.2 4)4)/6 FOURTH AMENDMENT TO SUNLINE JOINT POWERS TRANSPORTATIO AGENCY AGREEMENT This Fourth Amendment to SunLine Joint Powers Transportation Agency Agreement ("Fourth Amendment") is entered into by and between the COUNTY OF RIVERSIDE, the CITY OF COACHELLA, the CITY OF INDIO, the CITY OF LA QUINTA, the CITY OF INDIAN WELLS, the CITY OF PALM DESERT, the CITY OF RANCHO MIRAGE, the CITY OF PALM SPRINGS, the CITY OF CATHEDRAL CITY, and the CITY OF DESERT HOT SPRINGS (collectively, the "Parties"), and any other public agencies which subsequently becomes parties to the Agreement. This Fourth Amendment is made and entered into on the date last executed by the Parties hereto. RECITALS A. SunLine Transit Agency is a joint powers agency established by the SunLine Joint Powers Transportation Agency Agreement (the "Agreement") on or about May 20, 1977. B. The first amendment to the Agreement was approved on or about June 11, 1991, and a second amendment to the Agreement was approved on or about March 31, 1992. A third amendment to the Agreement was prepared in 2013 and all necessary signatures were obtained in 2016. C. A previous version of this Fourth Amendment was prepared and circulated to the member agencies for approval earlier this year, but the Fourth Amendment was not unanimously approved by the member agencies. C. This revised Fourth Amendment amends the Agreement to include specific authority for the Board of Directors to receive compensation for attendance at Board and committee meetings consistent with State law, and ratifies previous payments made to the Board of Directors. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. 1.1 Section 2 (Authority) is amended to read as follows: "Pursuant to Section 6500 et seq., of the California Government Code there is hereby created a public entity to be known as "SUNLINE", a public entity separate and apart from the individual parties to this Agreement. Pursuant to Section 6509 of the California Government Code, the laws of the State of California applicable to cities organized under a charter, shall govern SUNLINE in the matter of exercising its powers, subject, however to such restrictions as are applicable to charter cities in the manner of exercising such powers, as required by Government Code Section 6509." -1- 1.2 Section 3 (Board of Directors), paragraph E (Meetings) is amended to add a new subparagraph 3, to read as follows: "3) Compensation The Board may, by resolution, provide Board members a stipend for attendance at Board meetings and subcommittee meetings. Notwithstanding Section 2 of this Agreement, the maximum stipend a Board member may receive shall be consistent with the limitations on compensation for service on a commission, committee, board, authority, or similar body applicable to general law cities in Government Code section 36516(c), as such section may be amended from time to time." 2. RATIFICATION OF PAST PAYMENTS. The parties hereby ratify all payments that have been made by the Agency to the Board of Directors as compensation for attendance at Board meetings and subcommittee meetings. 3. GENERAL PROVISIONS. 3.1 Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Agreement, as amended, remains in full force and effect and binding upon the parties. 3.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. 3.3 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment. 3.4 Counterparts. This Fourth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. CITY OF DESERT HOT SPRINGS Dated: t By: _ ._ Name. _ es L. Maynard Title: anager -2- ATTEST: A Cattail/AM ;j" I Soriano,--ity Clerk APPROVED AS TO FORM Jennif . Mizrahi, City Attorney CITY OF PALM SPRINGS Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF PALM DESERT Dated: By: Name: Title: -3- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF PALM SPRINGS Dated: ■ B Name: fri ✓ � ��0 —[ Title: ./ vtLC ATTEST: APPROVED BY CITY COUNCIL Poutd.1.1 iIISM'II A1)4(1 WitTA a�'7►11ER: r City Clerk �- APPROVED AS TO FORM , City Attorney CITY OF PALM DESERT Dated: By: Name: Title: ATTEST: -3- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF RANCHO MIRAGE Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF CATHEDRAL CITY Dated: j%/aavz By: _/ 4110, Name: - � - 6/44- Title: ,� ATTEST: -6- , City CI:rk APPROVED AS TO FO''M . u,./ , City Attorney COUNTY OF RIVERSIDE Dated: By: ATTEST: APPROVED AS TO FORM -7- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF PALM SPRINGS Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF PALM DESERT Dated: JANUARY 26, 2017 B . _ ■ � Tame: JAN C. HARNIK l itle: MAYOR ATTEST: -3- .1 4IA RACH4 LE D. KLASSEN , .y Clerk CITY OF PALM DESERT APPROVED A TO FORM ■11.0„ 11111rIZIP ROBE•,+ ,: y4t-ry Attorney CI' $F • •%P' 1 RT CITY OF INDIO Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF COACHELLA Dated: By: Name: Title: ATTEST: -4- , City Clerk APPROVED AS TO FORM City Attorney CITY OF RANCHO MIRAGE Dated:01/1 / 2 0 /f ame: Tome\ e�� 1 Title: Mau.)O v' ATTEST: a, -- ,A e QaNno s , City Clerk C_.{-c;-(10) APPROVED AS TO FORM • Skeue c, k„f ity Attorney CITY OF CATHEDRAL CITY Dated: By: Name: Title: ATTEST: -6- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF LA QUINTA Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF INDIAN WELLS Dated: February 16, 2017 By: ame: Richard Balocco Title: Mayor ATTEST: -5- nna Gran y , City Clerk APPROVED AS TO FORM g-tqate,‘„ P 6-et, ' Stephen P. Dei tschCity Attorney CITY OF RANCHO MIRAGE Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF CATHEDRAL CITY Dated: By: Name: Title: ATTEST: -6- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF LA QUINTA Dated: AlefAk411 - ` e: FraniST vacek Title: Ci , er ATTEST: 544W/h, Susan Maysels, City C rk APPROVED AS TO FORM tin.# ..--- William H. Ihrke, City Attorney • CITY OF INDIAN WELLS Dated: By: Name: Title: ATTEST: -5- CITY OF INDIO Dated: l - 30-17 By:C.4.D GZ'i, V . Dan Martinez City Manager ATTEST: LMA (1414,- (1C;4.al-0 Co`r CYNTHIA HER NDEZ City Clerk APPROVED AS TO FORM )7)"q5°°. a..., ROXANNE DIAZ City Attorney -3- , City Clerk APPROVED AS TO FORM , City Attorney CITY OF INDIO Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF COACHELLA Dated:39.4&L ab tI 1 1.0(.7 By: Name: Steven A. Hernandez Title: Mayor ATTEST: -4- --- ld Angela M. peda, City Clerk APPROVED AS TO FORM te. Carlos Cam. 'ty Attorney CITY OF LA QUINTA Dated: By: Name: Title: ATTEST: , City Clerk APPROVED AS TO FORM , City Attorney CITY OF INDIAN WELLS Dated: By: Name: Title: ATTEST: -5- , City Clerk APPROVED AS TO FORM • , City Attorney COUNTY OF RIVERSIDE Dated: tap By: ATTEST: AN,BOA D OF y 7 ISORS ATTEST: KE A l 7 R- EM, lark • DEPUT APPROVED AS TO FORM ' /1 4131.4./` e Bell Valdez, De ut County Counsel EACH DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED IS CERTIFIED TO BE A FULL. TRUE AND CORRECT � i COPY OF THE ORIGINAL ON FILE AND OF Dated: C R ivIW FF21/ I2- KECIA HARPER-THEM Clerk to the Board of Supervisors County of Riverside, California Byiij•A :1 A MiLlIthAt , Deput\ -7-