1996 Sunline Services Group - Implementation Agr to Regulate TaxisIMPLEMENTATION AGREEMENT
AUTHORIZING THE SUNLINE SERVICES GROUP
TO REGULATE TAXICABS
THIS IMPLEMENTATION AGREEMENT is made and entered into as of
the date that the legislative body of each public agency approved
it, pursuant to Government Code Section 6500. et seq., other
pertinent provisions of law, and the Joint Powers Agreement of the
SunLine Services Group entered into on or about November 2, 1993 by
and between some or all of the following public agencies: the
County of Riverside, the City of Coachella, the City of Indio, the
City of Indian Wells, the City of Palm Desert, the City of Rancho
Mirage, the City of Cathedral City, the City of Palm Springs, the
City of- Desert Hot Springs and the City of La Quinta. This
Implementation Agreement is made with reference to the following
background facts and circumstances:
R E C I T A L S
A. Each member and party to this Implementation Agreement is
a governmental entity established by law with full powers of
government and legislative, administrative, and other related
fields. Government Code section 53075.5 requires every city and
county to provide a policy for entry into the business of providing
taxicab services. Specifically, Government Code section 53075.5
requires every city and county to establish or require the
registration of rates for the provision of taxicab services within
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its jurisdiction.
B. The purpose of this Implementation Agreement is to
implement a program regulating, licensing and franchising the
business of operating taxicabs and other forms of ground
transportation available to the public on a for fare basis
("Alternative Transportation") pursuant to that Joint Powers
Agreement, entered into on or about November 2, 1993.
C. The geographic areas to be covered by this Implementation
Agreement are those areas which are within the jurisdiction of the
public agencies who are parties to this Implementation Agreement.
D. The Board of Directors of SunLine Services Group ("SSG")
has, by a vote of not less than two-thirds of all members of the
Board, voted to authorize SSG to perform the additional function of
taxicab regulation and to authorize some or all of the members of
SSG to enter into this Implementation Agreement.
E. Each of the parties hereto desires to jointly exercise
their common power to regulate, license and franchise taxicabs and
Alternative Transportation by entering into this Implementation
Agreement and vesting such powers in SSG as an established joint
powers agency; however, each member shall retain its power to
regulate, license and franchise 'Dial -A -Ride' programs within its
jurisdiction.
NOW, THEREFORE, the parties do agree as follows:
1. PURPOSE AND POWERS
1.1 Purpose of the Implementation Agreement.
The public agencies which are signatories to this
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Implementation Agreement have a mutual interest in regulating,
licensing and franchising the business of operating taxicabs and
Alternative Transportation. The parties to this Implementation
Agreement wish to coordinate regulatory activities as they relate
to taxicab operations and Alternative Transportation within the
Coachella Valley area by vesting in SSG the authority to regulate,
license and franchise taxicabs and Alternative Transportation and
to establish rates to be charged by operators of taxicabs and
Alternative Transportation doing business in the Coachella Valley.
1.2 Powers.
SSG through its Board of Directors is hereby authorized
to perform all necessary functions to fulfill the purposes of this
Implementation Agreement. In addition, SSG through its Board of
Directors shall have the common power of the parties pursuant to
the provisions of California Government Code, sections 6500 et sea.
and section 53075.5, California Vehicle Code section 21100 and
other applicable law, to regulate taxicab services. In exercise of
said powers SSG is authorized in its own name to:
a. To exercise jointly the common powers of the
parties hereto to regulate, license and franchise
taxicabs and Alternative Transportation;
b. To adopt regulations establishing a rate schedule
to be charged by operators of taxicabs for services
furnished to the public;
C. To establish safety requirements for taxicabs and
Alternative Transportation;
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d. To collect fees to cover the expenses incurred by
SSG in implementing the powers conferred under this
Amendment, including, without limitation, fees for
the issuance of operating permits, safety
inspection fees and franchise fees;
e. To enforce regulations licensing, franchising and
permitting requirements;
f. To adopt an ordinance establishing a system of
rates, regulations, licensing and franchise
requirements;
g. To amend from time to time the rate schedule,
safety, licensing and franchise requirements
referred to herein;
h. To lease, acquire, construct, manage, maintain, and
operate any buildings, works, or improvements
necessary for its taxi regulatory functions;
i. To sue and be sued in its own name;
j. To the extent not herein specifically provided for,
to exercise any powers in furtherance of the
purpose of this Implementation Agreement in the
manner of and according to the methods provided
under applicable laws.
1.3 Duties.
1.3.1 SSG shall have the duty to carry out the purpose
and intent of this Implementation Agreement by performing such acts
as are necessary thereto, subject at all times to the authority of
its Board of Directors, and to make and enter such contracts, incur
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such debts and obligations and perform such other acts as are
necessary to the accomplishment of the purposes of this
Implementation Agreement in accordance with the provisions of
California Government Code, sections 6500 et sere. and as prescribed
by the laws of the State of California.
1.3.2 SSG shall accomplish the foregoing, subject to
action by its Board of Directors, by adopting an ordinance or
ordinances providing for the licensing, regulation and franchising
of operators of taxicabs and Alternative Transportation within the
Coachella Valley. It is the intent of this Implementation
Agreement that upon the adoption of a "taxicab ordinance" by SSG's
Board of Directors pursuant hereto, the Cities shall repeal any
laws, regulations and ordinances, if any, which regulate, license
or franchise operators of taxicabs and Alternative Transportation
within their respective city limits and repeal any laws,
regulations and ordinances, if any, which fix or impose a business
license tax of the business of providing taxicab services within
their respective city limits or area of jurisdiction. The
authority granted under this paragraph shall not affect the
authority or ability of the parties hereto to:
a. charge and collect fees for the issuance of
business licenses within their respective
jurisdictions in the same manner as collected from
other businesses within the jurisdictions;
b. approve the placement of taxicab stands or taxicab
"cruising" within their respective jurisdictions;
C. assess and collect a fee or charge having to do
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with ground transportation operations or regulate
or license ground access within the boundaries of
the Palm Springs Regional Airport or any other
airport located within the Coachella Valley now or
in the future, and;
d. regulate, license and franchise "Dial -A -Ride"
programs within their respective jurisdictions.
1.4 Annual Budget.
The annual budget of SSG shall include the activities of
taxicab regulation as provided for in this Implementation
Agreement.
1.5 Revenues.
All fees and charges collected by SSG with relation to
the regulation, licensing and franchising of taxicab operators and
Alternative Transportation shall be collected and administered by
SSG under the direction and control of SSG's General Manager,
subject at all times to the authority of the Board of Directors.
SSG shall have custody of all funds and shall provide for strict
accountability thereof in accordance with applicable laws of the
State of California.
The funds collected by SSG pursuant to the provisions of
legislation adopted pursuant to the powers granted herein shall be
expended only in furtherance of the purposes hereof and in
accordance with the laws of California.
1.6 Disbursements.
The General Manager shall requests for payment from the
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Treasurer in accordance with budgets approved by the Board of
Directors subject at all times to provisions of the Joint Powers
Agreement of SSG relating to budgets. The Treasurer shall pay such
claims or disbursements and such requisitions for payment in
accordance with rules, regulations, policies, procedures and bylaws
adopted by SSG.
1.7 Accounts.
All funds of SSG relating to the regulation of taxicabs
shall be deposited in one or more general accounts of SSG, provided
that the funds of SSG relating to taxicab regulation shall be
separately accounted for so as to allocate income and expenses
solely between the parties to this Implementation Agreement as
provided in the Joint Powers Agreement of SSG. The receipt,
transfer, or disbursement of such funds, during the term of this
Implementation Agreement, shall be accounted for in accordance with
generally accepted accounting principles applicable to governmental
entities and pursuant to Government Code Section 6505 et sec.. and
any other applicable laws of the State of California. There shall
be strict accountability of all funds. All revenues and
expenditures shall be reported monthly to the Board of Directors of
SSG.
SSG shall keep separate financial books and records and
shall prepare a separate audited financial statement of SSG as it
pertains to the regulation, licensing and franchising of operators
of taxicabs and Alternative Transportation as of June 30th of each
year. The statement shall reflect SSG transactions from July 1st
through June 30 of each year.
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1.8 Expenditures Within Approved Annual Budget.
All expenditures shall be made within the approved annual
budget and in accordance with the provisions of the Joint Powers
Agreement of SSG.
2. ADMISSION AND WITHDRAWAL OF PARTIES
2.1 Admission of New Parties.
It is recognized that public entities, other than the
original parties, may wish to participate in this Implementation
Agreement. Additional Coachella Valley cities may become parties
to this Implementation Agreement evidenced by the execution of a
written addendum to this Implementation Agreement signed by the
additional party.
2.2 Withdrawal.
It is fully anticipated that each party hereto shall
participate in this Implementation Agreement until it desires to
withdraw. The voluntary or involuntary withdrawal of any party,
unless otherwise provided by the Board of Directors of SSG, shall
be conditioned as follows:
A. A party may withdraw from this Implementation
Agreement following a properly noticed public
hearing before the member entity desiring to
withdraw. Written notice shall be given to SSG at
least 90 days prior to the effective date of
withdrawal;
B. Withdrawal shall not relieve the party of its
proportionate share of any debts or other
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liabilities incurred by SSG prior to the effective
date of withdrawal.
C. Withdrawal shall result in the forfeiture of that
party's rights and claims relating to distribution
of property and funds upon termination of this
Implementation Agreement, as set forth in Section 5
below;
D. Withdrawal from this Implementation Agreement shall
not be deemed withdrawal from membership in SSG.
2.3 Re -Admission of Party.
Public entities that withdraw from this Implementation
Agreement may be re -admitted as parties to this Implementation
Agreement upon such terms and conditions as provided by the Board
of Directors of SSG.
3. TERMINATION AND DISPOSITION OF ASSETS
3.1 Termination.
SSG shall continue to exercise the joint powers herein
until the termination of this Implementation Agreement and any
extension thereof or until the parties shall have mutually
rescinded this Implementation Agreement; providing, however, that
this Implementation Agreement shall continue to exist for the
purposes of disposing of all claims, distribution of assets and all
other functions necessary to conclude the affairs of the subject
program of this Implementation Agreement.
3.2 Termination shall be accomplished by written consent of
all of the parties, or shall occur upon the withdrawal from the
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Implementation Agreement of a sufficient number of the agencies
enumerated herein so as to leave less than two of the enumerated
agencies as remaining parties to this Implementation Agreement.
3.3 Distribution of Property and Funds.
In the event of the termination of this Implementation
Agreement, any property interest remaining in the taxicab
regulation program shall be distributed to those entities who are
then parties to this Implementation Agreement to be used for their
general government purposes.
4. MISCELLANEOUS
4.1 Effective Date.
This Implementation Agreement shall be effective and SSG
shall be authorized to proceed under this Implementation Agreement
when this Implementation Agreement has been executed by any two or
more of the public agencies enumerated herein.
4.2 Legislative Determinations.
Legislative determinations by SSG concerning matters
which are the subject of this Implementation Agreement shall be
made by those members of the Board of Directors of SSG who are
representatives from the public agencies who are parties to this
Implementation Agreement. A quorum for action on a matter which is
the subject of this Implementation Agreement shall be fifty percent
(50°s) of the total number of parties to this Implementation
Agreement plus one. The Board may take no official action in any
instance where less than a quorum is present.
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4.3 Partial Invaliditv.
If any one or more of the terms, provisions, sections,
promises, covenants or conditions of this Implementation Agreement
shall to any extent be adjudged invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provisions,
sections, promises, covenants and conditions of this Implementation
Agreement shall not be affected thereby and shall be valid and
enforceable to the fullest extent permitted by law.
4.4 Amendments.
This Implementation Agreement may be amended from time to
time with the approval of the parties to the Implementation
Agreement.
4.5 Execution.
The Board of Supervisors of the County of Riverside
and the City Councils of the cities enumerated herein have each
authorized execution of this Implementation Agreement as evidence
by the authorized signatures below respectively.
Dated: N1)() ]) � 1996
Approved As To Form:
County Counsel
Dated: 'Tay\ 3, ����0 1996
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COUNTY OF RIVERSIDE
CITY OF COACHELLA
0, L eAl
Mayor
LDC\061995\6344\07TAXIMP.A2
1996 CITY OF INDIO
Dated: 1996
Approved As To Form:
ity Attorney
Dated: ! Nik I , 1996
Approved As To Form:
Dated: 1996
Approved A Form:
C ty A,6torney
Dated: 1996
Approved As To Form:
U.L-I'Y Ur' LA QUIN-1-A
PAIN /Lai w•i��
CITY OF INDIAN WELLS
CITY OF PALM DESERT
OKI
CITY OF RANCHO MIRAGE
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Dated: !� 2 1996 CITY OF CATHEDRAL CITY
Approved As o orm:
L4..x L-16w
Ci t ney Mayor
Dated: �71996 CITY OF PALM SPRINGS
Approved As To Form:
ity t rney Mayor
Dated: May 20 1996
Approved As To Form:
City Attorney
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk
CITY OF DESERT HOT SPRINGS
Mayor
APPROVED BY THE CITY COUNCIL
BY Ro
f+z�6(.'0
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T N A N S 1 T A 6 f N C Y
July 8, 1996
Ms Saundra L. Juhola
City Clerk
City of La Quinta
P O Box 1504
La Quinta, CA 92253
Dear Ms Juhola,
MEMBERS:
Cathedral City Indian Wells Palm Springs
Coachella Indio Rancho Mirage
Desert Hot Springs La Quints Riverside County
Palm Desert
A Public Agency
JUL 9 Ali 1134
Ci T ' Or LA QUINTA
C 1'Y CLERK
I am happy to enclose with this letter a fully executed original Implementation
Agreement for the regulating of taxis within the Coachella Valley by SunLine
Services Group.
Obtaining all the signatures necessary for these agreements is a challenge, but
all ten member entities have been very cooperative and the document is now in
final form.
Thank you for your help in obtaining the signatures for the City of La Quinta.
Very Truly Yours,
Dennis Gilman
Deputy General Manager, Administration
enc
cc: Don Adolph, Councilman, SunLine Board Member
Richard Cromwell III, General Manager
32-505 Harry Oliver Trail, Thousand Palms, California 92276 Phone 619-343-3456 Fax 619-343-3845