2013 Sunline Transit Agency - JPA Amendment 3 re Elim "weighted" VotingTHIRD AMENDMENT TO
SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT
THIS THIRD AMENDMENT TO SUNLINE JOINT POWERS TRANSPOR-
TATION AGENCY AGREEMENT (the "Third Amendment") is made and 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 become Parties to the Agreement. This Third Amendment is
made and entered into on the date last executed by the Parties hereto.
RECITALS•
A. The SunLine Joint Powers Transportation Agency Agreement (the "Ageement")
was made and entered into on or about May 20, 1977.
B. The First Amendment to the Agreement (the "First Amendment") was made and
entered into by and between the Parties in June 1991.
C. The Second Amendment to the Agreement (the "Second Amendment") was made
and entered into by and between the Parties in or about October 1991.
D. When originally enacted, the Agreement provided a mechanism whereby a
SunLine Transit Agency Board Member (a `Board Member") could require "weighted voting"
for any item coming before the Board. Such weighted voting was based upon "the number of
annual transit service hours requested by each party to the Agreement as reflected by the
SunLine budget for the then current fiscal year."
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E. Subsequent to the adoption of the JPA, the mechanism for establishing transit
service through each member agencies' various jurisdictions has changed such that the Parties no
longer request annual transit service hours. As a consequence, weighted voting as provided for
in the Agreement is no longer viable.
F. The Parties therefore desire to enter into this Third Amendment to eliminate all
references to weighted voting.
NOW THEREFORE, the Parties hereto, for and in consideration of the mutual promises
and covenants contained herein, HEREBY AGREE AS FOLLOWS:
AGREEMENT:
SECTION 1: Section 3G "VOTING" is hereby amended to read in its entirety as
follows: "Each member of the Board shall have one vote."
SECTION 2: Section 3H "QUORUM, MAJORITY VOTE" is hereby amended to read
in its entirety as follows:
"(1) Quorum: The number of members sufficient to constitute a quorum shall
be fifty percent (50%) of the total number of Parties to SunLine plus one (rounded
to the nearest whole number). The Board may take no official action in any
instance where less than a quorum is present.
(2) Majority Vote:
(a) Adoption of by-laws, amendment of by-laws, adoption of annual
budget, and such other matters as the Board may designate shall require a
majority vote of the entire membership of the Board.
(b) All other actions taken by the Board shall require a majority vote
of the quorum in attendance.
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(c) An abstention shall be considered neither an affirmative nor a
negative vote, but the presence of the member abstaining shall be counted in
determining whether or not there is a quorum in attendance. All other actions
taken by the Board shall require a majority vote of the quorum in attendance.
SECTION 3: Except as so expressly amended, the JPA, as modified by the First and
Second Amendments, shall remain in full force and effect as executed by the Parties thereto.
SECTION 4: This Third Amendment may be signed in multiple counterparts which,
when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the Board of Supervisors of the COUNTY OF
RIVERSIDE, and the City Councils of the cities of COACHELLA, INDIO, LA QUINTA,
INDIAN WELLS, PALM DESERT, RANCHO MIRAGE, PALM SPRINGS, CATHEDRAL
CITY, and DESERT HOT SPRINGS have each authorized execution of this Third Amendment
as evidenced by the authorized signatures below.
ATTEST:
By:
County Clerk, County of Riverside
APPROVED AS TO FORM:
By:
County Counsel, County of Riverside
261/024041-0002
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COUNTY OF RIVERSIDE
By:
President, Board of Supervisors
(c) An abstention shall be considered neither an affirmative nor a
negative vote, but the presence of the member abstaining shall' be counted in
determining whether or not there is a quorum in attendance. All other actions
taken by the Board shall require a majority vote of the quorum in attendance.
SECTION 3: Except as so expressly amended, the JPA, as modified by the First and
Second Amendments, shall remain in full force and effect as executed by the Parties thereto.
IN WITNESS WHEREOF, the Bbard of Supervisors of the COUNTY OF
RIVERSIDE; and the City Councils of the cities of COACHEL.,LA, INDIO, LA Q.UINTA,
INDIAN WELLS, PALM DESERT, RANCHO MIRAGE, PALM SPRINGS, CATHEDRAL
CITY, and DESERT HOT SPRINGS have each authorized execution of this Third Amendment
as evidenced by the authorized signatures below.
TTEST:
By:
ty Clerk, Coun ILjzerside
APPROVED AS TO FORM:
By: iM aPi) /, tl/Uo/13
C ty Counsel, County of Riverside
261/024041-0002
47795091 401/30/13
JOH JrfTt nIT
Chatan, . Board of Supervisors
ATTEST:
KEC'a APER -Ir EM, "le
B
DEPUT
MAY 14 2013 3-12_
ATTEST:
By:
el
fk.
bth City Clerk, City of Coach
el
APPROVED AS
By:
City Attorney,: '' h - la
ATTEST:
By:
City Clerk, City of Indio
APPROVED AS TO FORM:
By:
City Attorney, City of Indio
ATTEST:
By:
City Clerk, City of La Quinta
261/024041-0002
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CITY OF COACHELLA
By:
5
1,k
:e,J & •4. i -4•e rrodw
Mayor
CITY OF INDIO
By:
Mayor
CITY OF LA QUINTA
By:
Mayor
CITY OF COACHELLA
By:
Mayor
ATTEST:
By:
City Clerk, City of Coachella
APPROVED AS TO FORM:
By:
City Attorney, City of Coachella
CITY OF INDIO
Bv:
ATTEST:
By: G�L�-- i i t -o err
City Clerk, City of dio /( n, -4G.:4. Hp,jo,
APPROV TO FO
By:
City Attorney, City of Indio
ATTEST:
By:
City Clerk, City of La Quinta
261/024041-0002
4779509.1 a06/14/16
-4-
CITY OF LA QUINTA
By:
Mayor
ATTEST:
By:
City Clerk, City of Coachella
APPROVED AS TO FORM:
By:
City Attorney, City of Coachella
ATTEST:
By:
City Clerk, City of Indio
APPROVED AS TO FORM:
By:
City Attorney, City of Indio
ATTEST:
By: '6VVJ /ham
SUSAN MAYSELS, Cit 4 erk
261/024041-0002
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CITY OF COACHELLA
By:
Mayor
CITY OF INDIO
By:
Mayor
CITY OF LA QUINTA
By
K, City Manager
APPROVED AS TO FORM:
13y: Alei:t4. G
WILLIAM H. IHRKB, City Attorney
ATTEST:
13y:
City Clerk, City of Indian Wells
APPROVED AS TO FORM:
By:
City Attorney, City of Indian Wells
ATTEST:
13y:
City Clerk, City of Palm Desert
' APPROVED AS TO FORM:
City Attorney, City of Patna Desert
ATTEST:
City Clerk, City of Rancho Mirage
261/024041-0002
4779509,1 n06/27/16 '
CITY OF INDIAN WELLS
By:
Mayor
CITY OF PALM DESERT
By:
Mayor
CLTY OF RAN MIRAGE
By:
Mayor
ATTEST:
City Clerk, City India krefrs
By:
APPROVED AS TO FORM:
By:
City Attorney, City of Indian Wells
ATTEST:
By:
City Clerk, City of Palm Desert
APPROVED AS TO FORM:
By:
City Attorney, City of Palm Desert
ATTEST:
By:
City Clerk, City of Rancho Mirage
APPROVED AS TO FORM:
By:
City Attorney, City of Rancho Mirage
261'024041-0002
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CITY OF INDIAN WELLS
BY:May
CITY OF PALM DESERT
By:
Mayor
CITY OF RANCHO MIRAGE
By:
Mayor
APPROVED AS TO FORM:
By:
City Attorney, City of La Quinta
ATTEST:
By:
City Clerk, City of Indian Wells
APPROVED AS TO FORM:
By:
City Attorney, City of Indian Wells
ATTEST:
By:
City Clerk, City of Rancho Mirage
261/024041-0002
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CONTRACT NO. C00-515
CITY OF INDIAN WELLS
By:
Mayor
CITY OF PALM DESERT
A, l_ it
XA
Mayor
CITY OF RANCHO MIRAGE
By:
Mayor
APPROVED AS TO FORM:
By:
City Attorney, City of La Quinta
ATTEST:
B y:
City Clerk, City of Indian Wells
APPROVED AS TO FORM:
B y:
City Attorney, City of Indian Wells
ATTEST:
By:
City Clerk, City of Palm Desert
APPROVED AS TO FORM:
By:
City Attorney, City of Palm Desert
ATTE T:
By:
ac;:. City Clerk, City of Rancho Mirage
261/024041-0002
4779509.1 a06/14/16
CITY OF INDIAN WELLS
By:
-5-
Mayor
CITY OF PALM DESERT
By:
Mayor
CITY OF RANCHO MIRAGE
pp
By: 7/.G-��'t jL
Mayor
APPROVED AS TO FORM:
By: 1
,C,,, City Attorney, City of ancho Mirage
� n 44: w#rt �.�.
04-`f C.:#y A4-hz r,m y
ATTEST:
B y:
City Clerk, City of Palm Springs
APPROVED AS TO FORM:
B y:
City Attorney, City of Palm Springs
ATTEST:
By:
City Clerk, City of Cathedral City
APPROVED AS TO FORM:
By:
City Attorney, City of Cathedral City
ATTEST:
By:
City Clerk, City of Desert Hot Springs
261/024041-0002
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-6-
CITY OF PALM SPRINGS
By:
Mayor
CITY OF CATHEDRAL CITY
By:
Mayor
CITY OF DESERT HOT SPRINGS
By:
Mayor
ATTEST:
ity Clerk, City of Palm Springs
APPROV
By:
D, O FORM:
City A omey, City of Palm Springs
ATTEST:
By:
City Clerk, City of Cathedral City
APPROVED AS TO FORM:
By:
City Attorney, City of Cathedral City
ATTEST:
By:
City Clerk, City of Desert Hot Springs
APPROVED AS TO FORM:
By:
City Attorney, City of Desert Hot Springs
261/024041-0002
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CITY OF PALM SPRINGS
Byz
City Manager
APPROVED BY CITY COUNCIL
1.21• aokPA1M
CITY OF CATHEDRAL CITY
By:
Mayor
CITY OF DESERT HOT SPRINGS
By:
Mayor
ATTEST:
By:
City Clerk, City of Palm Springs
APPROVED AS TO FORM:
By:
City Attorney, City of Palm Springs
ATTEST:
B
City Clerk, 'ity of athedral Ci
APPROVED AS TO FORM:
By:
/1/1,
City Attorney, City oedral City
ATTEST:
By:
City Clerk, City of Desert Hot Springs
APPROVED AS TO FORM:
By:
City Attorney, City of Desert Hot Springs
261/024041-0002
4779509.1 a02/17/15
Mayor
CITY OF CATHEDRAL CITY
B
Mayor
CITY OF DESERT HOT SPRINGS
By:
-6-
Mayor
APPROVED AS TO FORM:
By:
City Attorney, City of Rancho Mirage
ATTEST:
By:
City Clerk, City of Palm Springs
APPROVED AS TO FORM:
By:
City Attorney, City of Palm Springs
ATTEST:
By:
City Clerk, City of Cathedral City
APPROVED AS TO FORM:
By:
City Attorney, City of Cathedral City
ATTEST:
By:
Clerk, ity o Desert Hot Springs
261/024041-0002
4779509.1 a06/14/16
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CITY OF PALM SPRINGS
By:
Mayor
CITY OF CATHEDRAL CITY
By:
Mayor
CITY OF DESERT HOT SPRINGS
By:
Mayor
APPROVED AS TO FORM:
151i Gu r rliviA4164. A /hr 0
By:
City A of -y City of Desert Hot Springs
261/024041-0002
4779509.1 a06/14/16
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