HomeMy WebLinkAbout04-204BOARD C)F' SUF~~~ZVI~~t3RS
CA~JNTY OF BUTT, .STATE QF CA-l..fFORN1A
Resolufion No. 04-204
A RESOLUTION OF THE BUTTE COUN'T'Y BOARD OF SUPERVISORS
APPROVING AND AUT HORILING THE EXECUTION OF AN AMENDMENT 'I'O
THE JOINT POWERS AGREEMENT ESTABLISHING THE BUTTE COUNTY
ASSOCIATION OF GOVERNMENTS ("BCAG") SUCH THAT THE BCAG SHALL BE
AND SHALL HAVE ALL POWERS, DUTIES AND RESPONSIBILITIES NECESSARY
FOR OPERATING
THE BUTTE REGIONAL TRANSIT SYSTEM
WHEREAS, by Minute Order No. 95-04-18, the Butte County Board of Supervisors
("Board") approved and authorized the execution of a Joint Powers Agreement ("Agreement"} to
create a joint powers public entity known as the Butte County Association of Governments
(`BCAG"), with the powers, duties and responsibilities of the BCAG set forth in the referenced
minute order and in the Joint Powers Agreement; and,
WHEREAS, pursuant to that minute order, the County of Butte, by and through the
Board Chair, did execute the Joint Powers Agreement effective in May of 1995; and,
WHEREAS, the parties to the Agreement jointly and severally agree that the public
transportation services in Butte County can best be provided and administered by and through
the BCAG duly authorized to act to consolidate and administer the existing public transit systems
operated within the County and the Cities and Town, such that the BCAG will have authority
and responsibility for county-wide transportation planning, coordination, financing priority
projects and the programming of Federal, State, and regional transportation funds, including
roads, transit, rideshare, rail, bicycle, pedestrian facilities; and,
WHEREAS, the parties to that Agreement, including the Butte County Board of
Supervisors, desire to modify that Agreement such that the BCAG shall be duly authorized to act
to consolidate and administer the existing public transit systems operated within the County and
the Cities and Town, such that the BCAG will have authority and responsibility for county-wide
transportation planning, coordination, financing priority projects and the programming of
Federal, State, and regional transportation funds, including roads, transit, rideshare, rail, bicycle,
pedestrian facilities; therefore, this Amendment is a proper subject of an amendment to the
existing Agreement; and,
WHEREAS, Government Code sections 6500 et seq, generally, and section 6503.5,
specifically, contemplate the amendment of Joint Powers Agreement.
NOW THEREFORE, BE IT RESOLVED 'T'HA'I':
1. The recitals herein contained are true and correct; and,
2. The provisions set forth in Exhibit A be added to the Agreement, so amending the same;
and,
Page 1 o f 2
The form and substance of the Amendment to the Joint Powers Agreement creating the
BCAG is hereby approved, such that the BCAG shall be duly authorized to act to
consolidate and administer the existing public transit systems operated within the County
and the Cities and Town, such that the BCAG will have authority and responsibility for
County-Wide transportation planning, coordination, financing priority projects and the
programming of Federal, State, and regional transportation funds, including roads, transit,
rideshare, rail, bicycle, and pedestrian facilities; as amended; and,
4. The Board Chair is hereby authorized to execute the Amendment in the form presented or
in substantially the same foam if later amended; and,
5. The Board Chair is further hereby authorized to execute a document combining the
original Joint Powers Agreement and the Amendment (with or without modification) into
a single document, which, after execution by the parties to the Agreement and by the
BCAG shall be called the Joint Powers Agreement.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, this )th day of November 2004, by the following vote:
AYES: Supervisors Houx, Josiassen, Yamaguchi and Chair Beeler
NOES: None
ABSENT: Supervisor Dolan
NOT VOTING: None
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f--`~~' -
R. J. BE~lER, Chair
Board. of Supervisors
County of Butte, State of California
A'T'TEST:
PAUL MCINTOSH, Chief Administrative
Officer and Clerk of the Board
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By. ~ i ,,its ;/ ~'
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~Clerk/Deputy; %~
Page 2 of 2
Exhibit A to Resolution
Add section 1(g) to JPA:
The member municipalities and the county, cities and totivn have determined that
the public transit services currently provided within their respective jurisdictions
may be provided more efficiently and more cost effectively if consolidated under
the Butte Regional Transit system.
2. Add section 7(k) to JPA:
to act as the Butte Regional Transit system Policy Board to implement and
administer the Butte Regional Transit system as authorised by the county, cities
and town, with authority for the administration, policy decision-making and
operation of a public transit system operated within the county, cities and town and
fr~r establishing and operating the Butte Regional "Transit system.
Add to Section 13 of-the JPA:
Pursuant to Government Codc section 895.4, each member entity s}~iall fully
indemnify and hold harmless the other member entities to the Agreement from any
liability, claim or cost, including attorney's fees, relating to the indemnifying
entity s act, negligence or omission. The Butte County Association of
Governments shall obtain and keep in effect liability, property and ~vorkers~
compensation insurance with a minimum coverage of one million dollars ft~r cash
po I i cy.
4. Amend Section 17 of the BCAG JPA, by amending final sentence to section (c):
Should the origin of any real or personal property he undeterminable, that property
shall be distributed to the parties to this Agreement as determined by the Board.
Add a new Section 22 to the JPA: Butte Regional "Transit system Policy Board
Section l :Administering ,Agency
a) The BCAG Board of Directors and staff shall be the administering agency
for managing the day-to-day responsibilities of the Butte Regional Transit
system. BCAG shall have the authority to acquire real ln~operty, equipment,
vehicles, contract for operating services, contract for insurance coverages,
and employ staff and contractors to develop, maintain and operate the
public transit services and facilities necessary to implement public transit
services within the county, cities and town.
Amendment To C~('AG JPA (Final) (October 20, 2004} Page l
b) Notwithstanding section 1 {a) above, the City of Gridley shall continue to
operate and maintain its paratransit system, independent from the
consolidated transit system. BCAG shall have no authority for the
operation and maintenance of the Gridley system nor shall BCAG be
responsible for the same. This provision (2(b)) shall prevail over any
inconsistent provision in this JPA or By-Laws.
c) BCAG shall have the authority to pursue and apply for all Federal Transit
Achninistration Grants, other Federal funds and all mamler of State gn-ants
and funds dedicated and/or available far operating public transit,
purchasing transit capital equipment and other fixed assets necessary for
the operation of public transit systems and services within the county,
cities and town. All Federal and State funding sources shall be identified
in the Annual Transit Service Plan and Budget, in addition to all operating,
capital and fixed asset expenditures.
d) BCAG shall apply for and shall be both claimant and the "designated
recipient" of all federal funds obtained and administered in regards to the
transit system. BCAG shall be responsible for all Federal Certifications
and assurances. However, these funds ~tre to be allocated according to the
FTA formula, cited in Section 6, below.
c) BCAG shall have the authority to acquire, from the parties to this
Agreement, those fixed assets directly or indirectly utilized in providing
transit services. Fixed assets include vehicles, related equipment and
shelters. At the discretion of a party, ownership of one ar more of that
party"s bus shcltel's lnay re:]llalrl Wltl1 that pal-ty. The p2li't1eS to th15
Agreement shall assist BCAG in the transfer to and BCAG"s acquisition of
these assets, including the grant and receipt ol~eneroacluncnt permits for
such assets located in a party"s right of way. BCAG shall prepare an
inventory list of fixed assets received from each of the county, cities and
town. In the event of termination or dissolution, assets would be retuned as
identified in Section 17c of this Joint Powers Agreement.
f) BCAG shall enter into contracts with private providers of all transportation
services administered by BCAG and/or pursuant this Agreement. To the;
extent possible, all member entity contracts with service providers shall be
fully assigned to BCAG concurrent with the effective date of this
Agreement.
g) BCAG shall fund the administrative costs associated with staffing and other
administrative tasks required for the day-to-day administration of the Butte
Regional Transit s}rstcm. The county, cities and town shall fund the
operational costs ofoperating d1e Butte Regional Transit system.
Amendment to 6CAG JPA (Final) {Octuba- 20, 2004) Page 2
Section 2: Policy Board
a) The BCAG Board of Directors shall be the Policy Board for the Butte
Regional 'T'ransit system. The Policy Board shall meet and perform in
accordance with the BCAG Board of Directors By-Laws. The Policy
Board`s decisions shall include but not be limited to approval of the Annual
Transit Service Plan, bus routing, service hours, service levels, passenger
fares, capital bus replacement, and approval of contracts for operations and
capital improvements.
b) Transit policy decisions as described in section 2(a) above shall require a
super majority vote of the Board, seven (?) of the ten (10) Board members.
The Policy Board shall review and make decisions upon the
rcernllmendations presented by the Transit Administrative Oversight
Committee and BCAG staff.
Section 3: Transit Administrative Oversight Committee
A `T'ransit Administrative Oversight Committee shall be established and shall
include administrative and other staff representatives from the county, cities, town
and BCAG. Each member entity's chief administrative officer shall designate one
or more representatives to seitirc on this Committee. The Transit Administrative
Ovcrsigl~rt Committee shall meet as necessary to review and provide
rcannmcndations to the BCAG Board of Directors on the Annual 'Transit Service
Plan and Budget and other transit issues that may arise during the year that are not
included in the Annual "hransit Service Plan. All transit policy issues and transit
service and operating matters shall be reviewed with the Transit Administrative
Oversight Committee for review and recommendations to the BCAG Board of
Directors.
Section 4: Social Serviec Transportation Advisory Council
The Social Service Transportation Advisory Colmcil (SSTAC) shall include
members in accordance with the Transportation Development Act (TDA}. hl
addition, the SSTAC: shall include citizen representatives from the cities, town and
county as appointed by the Policy Board. The SSTAC shall serve as an advisory
committee to the Policy Board on all transit issues.
The Committee members shall be appointed by the Policy Board, with suggestions
and guidance by the Transit Administrative Oversight Committee; the composition
of this Committee shall be as follows:
a) l potential transit user over the age of 60;
b} 1 representative ofpoteiltial transit user who is disabled;
Amendment to F3(`AG .(PA (Final) (October 20, 200x) Page 3
c) 2 representatives of local social service providers for seniors;
d) 2 representatives of local social service providers for the disabled;
e) 1 representative of local social service providers for persons of
llmlted means;
f) 2 representatives ft'om BCAG, the local consolidated transportation
scrvicc agency; and,
g) In addition, each member entity shall appoint one additional citizen
member.
Section S: Annual Transit Service Plan and Budget
a) The Policy Board shall prepare an .Annual Transit Service Plan and Budget
to identify the transit services to be provided in the incorporated and
unincorporated areas of Butte County. The Annual Transit Service Plan
and Budget shall identify the baseline scrvicc levels for frxed route, dial-a-
ride and paratransit, hours of scrvicc, days of scrvicc, service areas, routing
information and passenger fares for the budget year.
b) The annual unmet transit needs process shall be used a5 a basis for service
expansion for the regional transit system. Service expansions attributed to
the unmet transit needs process shall be added to the baseline service in the
tollowing budget year.
c) A party to the Agreement may request to have additional transit service
above the baseline service levels identified in the Annual Transit Service
Plan and Budget. Such requests shall be in writing and provided to the
Policy Board. A party to this Agreement requesting transit service levels
above the baseline shall be responsible for funding the additional costs for
such services. If of-ter one (1) year the additional transit service is meeting
the required fare box recovery ratio as required under the 'hL)A, then the
additional service shall be added and funded as part of the baseline transit
SCrVlees.
d) Jurisdictions that are party to this Agreement shall be allocated their annual
allocation of TDA Local Transportation Funds (LTF) and State Transit
Assistance Funds (S'fA). Based on the approved Transit Service Plan and
Budget, jurisdictions shall contribute their identified share of the cost for
funding the annual Transit Service Plan and Budget from their allocation of
LTF and STA funds.
~u~endment to BCAG JPA {Final) (October 20, 20C)4) Page ~
e) A draft of the Annual Transit Service Plan and Budget Shall be presented
to the Transit Administrative Oversight Committee, Policy Board and each
member entity in March of every year for review and comment. The
Administrative Oversight Committee shall reconuuend a final 'hransit
Service Plan and Budget to the Policy Board for approval by the end of
May of every year.
Section 6: Funding Contributions by Member 1~~n-isdictions
a) The county, cities and town shall contribule to the costs of providing the
services described in the adopted Annual Transit Service Plan and Budget.
b) For fixed route service, the cost sharing formula shal] be based 50% on
population and 50°%0 on service hours provided within each jurisdiction's
boundaries. For dial-a-ride sc;rvice, the cost sharing formula that shall be
applied shall be based on 50% population and 50°/, ridership provided
within each jurisdiction's boundaries.
c) The calculation of each member's share of cost shall be based on the
service levels in the approved Annual Transit Service Plan and Budget.
d) The funding agreement set forth herein shall supersede any prior
cooperative transit service funding agreements. "I'he transit service funding
agreement set forth herein shall be the sole such agreement by and between
the parties with regard to transit services. Gridley and Biggs shall provide
funding for Butte Regional hransit system local tined route service within
Gridley and Biggs and intercity service to Oroville and Chieo based on
those entities' share of population and service hours provided within each
city's limits.
e) Each Party shall pay its share of transit system costs to BCAG pursuant to
this section within 3tl days of receiving an invoice therefore from BCAG.
BCAG shall submit such invoices to each Party on a duartcrly basis.
BCAG shall submit a final invoice no later than (i0 days after the end of the
fiscal year, showing end of fiscal year reconciliation, detail of expenditures
and revenues, including but not limited to fare revenues, FTA funds, and
prior year fund balance if any.
Section 7: Funding for the Annual 'hransit Service Plan and Bud~ct
a) The Annual Transit Service flan shall be funded with the following transit
financing sources in the descendilig order of priority as follows:
I) Passenger Fares
Amendment to F3CAG .(P.A {Final) (October 20, 2004) Page S
2) Interest Fanlings
3) Advertising Revenues
4) Federal 'Transit Administration (FTA) Section 5307
5} Federal Transit Administration (FTA) Section 5 ~ 1 1
6} State Transit Assistance Funds
7) Any other dedicated transit funds
8) Local Transportation Funds (LTF)
9) Other Funds
b) The Parties hereto agree that the FTA 5307 funds shall be utilized Tor
services within the City of Chico urbanized area only and that FTA 53 I 1
funds shall be used exclusively in the rural areas.
Section 8: Annual Report
BCAG staff shall prepare an Annual Report for the Policy Board and member
jurisdictions on the anzlual operations ofthe Butte Regional "Transit system. The
Annual Report shall be prepared within 120 days of the close of the fiscal year and
shall include a summary of the annual operating costs, ridership levels, vehicle
service hours, vehicle mileage, fare box revenues received and other detailed
transit performance information.
6. Amend Section 15 to read as follows:
15. WI'I'HURAWAL OF A PARTY
a. Withdrawal from the BUTTE COUNTY ASSOCIATION OF GOVERNMENTS
A party to this Agreement may withdraw from the BUTTE COUNTY
ASSOCIATION OF GOVERNMENTS, only upon written notice to the BUTTE
COUN'T'Y .ASSOCIATION OF GOVERNMENTS and all other members of the
BU"I°fE COUNTY ASSOCIATION OI" GOVERNMENTS, by resolution of intent
to withdraw adopted by the withdrawing party's governing Board. The withdrawal
shall be effective upon the tet7nination of any then-current transportation service
provider agrcclnent to which BCAG is a party. Further, the written notice
referenced above must be served at least one year prior to the effective date of the
withdrawal. Each of these conditions is a necessary prereduisite to withdrawal
from the BU~T'TE COUNTY ASSOCIATION OF GOVERNMENTS, and failure of
Amendment to BCAG JPA {Final) (October 20, 21)04} Page 6
any Shall render withdrawal ineffective. These conditions are necessary for the
protection of the non-withdrawing parties.
Upon the effective date of such withdrawal such member shall cease to be bound
by this Agreement, but shall continue to provide financial support through the
approved percentage of planning funds provided khe Association, as Transportation
Planning Agency under the provisions of Section 99233.2 of Transportation
Development Act (TDA). The BUTTE COUNTY ASSOCIATION OF
GOVERNMENTS assets representing any accumulated capital contribution of the
withdrawing party shall remain subject to BU'I TE COUNTY ASSOCIATION OF
GOVERNMENTS control, depreciation and use without compensation to the
withdrawing party until termination of this Agreement and distribution of 13UTTF
COUNTY ASSOCIATION OF GOVERNMEN'T'S assets.
~'~'it}~drawal from the Butte Regional Transit System Only
A party to this Agreement may withdraw from the Butte Regional Transit system,
only, and remain a member of BCAG. To do so, a party shall provide written
notice to the BU"TTE COUNTY ASSOCIATION OF GOVERNMENTS and all
other members of the BUTTE C'O[JNTY ASSOCIA'T'ION OF GOVERNMENTS,
by resolution of intent to withdraw from the Butte Regional Transit system, Duly,
adopted by the withdrawing party's governing Board. "The withdrawal shall be
effective upon the termination of any then-current transportation service provider
agreement to which BCAG is a party. Further, the written notice referenced above
must be served at least one year prior to the effective date of the withdrawal. Each
ofthesc conditions is a necessary preraluisite to withdrawal from the Butte
Regional Transit system, and failure of any shall render withdrawal ineffective.
These conditions are necessary for the protection of the non-withdrawing parties.
Upon the effective date of such withdrawal such member shall cease to be bound
by the ten7~s of this Agreement as they concern the Butte Regional Transit system,
only and shall no longer be a member of the Butte Regional Transit system, but
shall continue to be bound by all other tet7ns, including the continued provision of
financial support through the approved percentage of planning funds provided the
Association, as Transportation Planning Agency under the provisions of Section
99233.2 of Transportation Development Act (TDA).
7. Amend Section l7 ofthe BCAG JPA, by amcnchng final sentence to section (c):
Should the origin of any real or personal property be undete~~t~inable, that property
shall be distributed to the porkies to this Agreemelit as determined by the Board.
Amendment to (3CAG JPA (Tinal) (October 20, 2001) Page ~