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HomeMy WebLinkAbout1995-307 RESOLUTION 95-307 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH OMNITRANS, A JOINT POWERS PUBLIC TRANSIT AGENCY, FOR THE ELECTRIC SHUTTLE SERVICE DEMONSTRATION PROJECT. 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor of the City of San Bernardino is hereby 9 authorized and 10 11 12 13 directed to behalf of said City a execute on Cooperative Agreement with Omnitrans, a Joint Powers Public Transit Agency, and the city of San Bernardino relating to the Electric Shuttle Service Demonstration Project, a copy of with is attached hereto, marked Exhibit "A" and incorporated herein by reference as 14 15 16 17 18 full as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly 19 20 adopted by the 21 of the City of Common Council San Mayor and regular meeting thereof, held on the Bernardino at a 5th day of Septembef 1995, by the following vote, to wit: 22 23 III 24 I I I 25 III 26 III 27 III 28 ell, !;O) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH OMN I TRANS , A JOINT POWERS PUBLIC TRANSIT AGENCY, FOR THE ELECTRIC SHUTTLE SERVICE DEMONSTRATION 1 PROJECT. 2 3 COUNCIL MEMBERS 4 AYES NAYS ABSTAIN ABSENT NEGRETE x 5 CURLIN, M.D 6 HERNANDEZ 7 OBERHELMAN 8 DEVLIN x x x x 9 POPE-LUDLAM 10 11 12 13 x MILLER x The foregoing resolution is fg c.lli cc ClAJl, CITY CLERK . C~ y!aJlrbcCG flJPr./.1J1rJJ);P hereby approved this ~ day of 14 15 16 17 18 19 20 Approved as to form and legal content: 21 September , 1995. ~~ TOM MINOR, MAYOR City of San Bernardino JAMES F. PENMAN 22 City Attorney 23 24 25 26 27 28 95-307 Alternative Fuels and Vehicles Program COOPERATIVE AGREEMENT This AGREEMENT entered into on ~~ 1, /11 S is between the CITY OF SAN BERNARDINO, referred to herein as "CITY", and OMNITRANS, a Joint Powers Public Transit Agency, referred to herein as "OMNITRANS". RECITALS (1) CITY will assist OMNITRANS in sponsoring and implementing an electric shuttle service demonstration project operating in downtown San Bernardino whose intent and purpose will be to: Measurably reduce automobile trips and traffic congestion in downtown San Bernardino and along the 1-215 corridor; Improve mobility by providing a convenient and workable commute alternative and choice; Enhance traffic safety by reduction of single-occupant automobile trips; Reduce mobile-source emissions and improve air quality by offering commuters an actual Zero Emission Vehicle (ZEV) as a commute alternative and; Reduce consumption of petroleum-based fuels by demonstrating and using an electric-powered shuttle to transport commuters. The CITY will provide funds to OMNITRANS for the purpose of implementing, managing and monitoring this project to reduce congestion, improve commuter mobility, reduce air pollution and energy consumption. (2) The electric shuttle, 10 be operated and managed by OMNITRANS, will travel during the hours of 9:00 a.m. to 7:00 p.m., Monday through Friday, on a circuit with local stops from downtown San Bernardino along "E" Street parallel to the 1-215 corridor to Hospitality Lanerrri-City Corporate Center in south San Bernardino, and return. Daily, the electric shuttle will make 20 round trips with 55 stops per route for service. This new service is designed to offer commuters a convenient shuttle service for work, shopping, appointments and business. j;/-/' (3) CITY is willing to deposit with OMNITRANS a fixed lump sum of $75,000 in Local AB 2766 funds referred to herein as "FUNDS," to be used only for the purpose of purchasing, managing and operating three electric, 22-foot shuttle buses. (4) The parties hereto, the CITY and OMNITRANS, desire to define herein the terms and conditions under which said PROJECT will be developed, implemented, managed and financed. SECTION I OMNITRANS AGREES: (1) To implement PROJECT in accordance with the electric shuttle project described in APPENDIX, attached and made part of this Agreement. (2) To bill CITY within thirty (30) days for its $75,000 funding obligation after full execution of Agreement. (3) The CITY's funds of $75,000 will be combined with funding from various sources: $75,000 in Surface Transportation Program Funds from San Bernardino Associated Governments and $300,000 in Federal Flexible Congestion Relief funds from Caltrans toward the funding of $450,000 for the purchase of three (3) electric shuttle buses by November 1, 1995, and operation thereof. (4) To provide CITY monthly progress reports after the receipt of its FUNDS by the 15th of each month until vehicles have been received and accepted by OMNITRANS, and quarterly progress reports through October 31, 1996. These reports will include efforts expended and underway, and related expenses during the current reporting period. These reports will also include the PROJECT effectiveness in reducing commuter trips, all maintenance and repair records, major fuel related problems and issues and recommendations for future electric vehicle efforts within OMNITRANS' service area. (5) To provide CITY, no later than January 31, 1996, with a detailed statement of final accounting of all expenditures of FUNDS provided under this Agreement. Any FUNDS not expended will be returned to CITY by January 31, 1996. Should OMNITRANS qualify for electric vehicle purchase rebates or credits from a third party, those funds or credits will be applied to offset capital and operating costs. Any remaining funds will be used to offset the matching shares of both OMNITRANS and CITY. /"' ' (6) OMNITRANS agrees to assume all responsibility for the purchase, management and operation of the electric shuttle vehicles. OMNITRANS further agrees to purchase liability insurance for the vehicles and maintain safe storage, provide maintenance and repair for these vehicles. (7) To notifY CITY in writing thirty (30) days prior to terminating PROJECf if termination is before the date of October 31, 1996, and to provide a report explaining all reasons for termination. Any amount of the CITY's deposit not spent will be returned within thirty (30) days from date of notification to CITY. (8) If OMNITRANS terminates PROJECf after vehicles are purchased but before the date of October 31, 1996, OMNITRANS will reimburse to CITY for CITY's percentage share of the electric vehicles at the current wholesale value. (9) Upon the PROJECf termination date of October 31,1996, OMNITRANS will retain legal title to vehicles. (10) OMNITRANS agrees that any and all contracts related to this Agreement shall comply with all State rules and regulations in accordance with State Statutes and the State Administrative Manual. SECfION II CITY AGREES: (1) To implement PROJECT in accordance with the electric shuttle vehicle project described in APPENDIX, attached and made part of this Agreement. (2) To deposit with OMNITRANS, within thirty (30) days of CITY's receipt of billing from OMNITRANS, the amount of $75,000, which figure represents the fixed lump sum of FUNDS available from CITY to fund PROJECf. SECTION III IT IS MUTUALLY AGREED: (1) All obligations of CITY under the terms of this Agreement are contingent upon receipt of funding from the South Coast Air Quality Management District. q '; . j.cn (2) The parties hereto will carry out PROJECT in accordance with the APPENDIX, attached and made part of this Agreement, which outlines the responsibilities of the parties hereto. The attached APPENDIX may in the future be modified in writing to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by OMNITRANS's and CITY's representatives and become part of this Agreement, after execution by the respective officials of the parties, as an amendment to this Agreement. (3) Neither the CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OMNITRANS under or in connection with any work, authority or jurisdiction delegated to OMNITRANS under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, OMNITRANS shall fully defend, indemnify and save harmless the CITY and its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8), occurring by reason of anything done or omitted to be done by OMNITRANS under or in connection with any work, authority or jurisdiction delegated to OMNITRANS under this Agreement. (4) Neither OMNITRANS nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY fully defend, indemnify and save harmless OMNITRANS, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (5) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. (6) OMNITRANS and CITY will retain or cause to be retained and will make available for audit or copying by OMNITRANS, CITY or other government auditors for a period of three (3) years from date of termination of service under this Agreement all records and accounts relating to PROJECT. (7) The Contract Cost Principles and Procedures, 48 CFR, Chapter 1, PaIt 31, and 49 CFR, Part 18, Uniform Administrative Requirements for Grant-in-Aid to State and Local Governments are applicable to this Agreement. /r, . , / ~~()-J (8) Unless earlier terminated by written notice, this Agreement shall terminate upon receipt and acceptance by CITY of final report due October 31,1996, for PROJECT. CITY OF SAN BERNARDINO ~(~ By: /~ ~ T6M MINOR ayor Attest: ;Jrvwbto.;)J1J;c1L'no..;. fJp;m~- APPROVED AS TO FORM: l-.~ OMNITRANS Joint Powers Public Transit Agency By: fj/?/2yL DURAND L. RAIL, General Manager Attest: APPROVED AS TO FORM: f. ,~ p~ fJ:0; County Counsel ~J j J APPENDIX WORKPLAN FOR THE ELECTRIC SHUTTLE DEMONSTRATION PROJECT PROJECT OVERVIEW The electric shuttle service will provide Zero Emission Vehicle shuttle service in downtown San Bernardino with stops along Hospitality LanefTri-City Corporate Center in south San Bernardino. This service will reduce traffic congestion and provide commuters alternate pollution free shuttle service to conduct business, attend meetings, appointments and perform errands. PARTNERSHIP AGENCIES This project is sponsored by the following agencies: The City of San Bernardino San Bernardino Associated Governments CaltIans Omnitrans GOALS This project will promote the use of Zero Emission Vehicles as a transportation demand management strategy by providing commuters shuttle service, while working towards meeting Federal and state air quality standards. OBJECTIVES A contract for the purchase of three electric shuttle vehicles will be awarded by OMNITRANS by September 30, 1995. This service will enhance local transportation for commuters working throughout downtown San Bernardino. Omnitrans anticipates that vehicles will be placed in service during the first quarter of 1996. The specific objectives as a result of the electric shuttle will be: (1) Reduce traffic congestion, vehicle miles and vehicle emission in the downtown City of San Bernardino. (2) Reduce the total number of single occupancy vehicle (SOV) commutes. (3) Provide a high level shuttle service for commuters and residents of the City of San Bernardino. r;.~ ,,- })7 (4) Develop a dependable yet flexible service for users to conduct business, appointments and errands. (5) At the conclusion of the demonstration project, determine if commuter driving habits have changed. DELIVERABLES Prior to receipt of vehicles, reporting will be limited to narrative description of procurement, planning and marketing activities. After implementation of service, quarterly reports will include ridership statistics, number of revenue and non-revenue hours, number of revenue and non-revenue miles, and maintenance records. PROGRAM EVALUATION The project sponsors will conduct quarterly surveys to determine the benefits to downtown commuters. The survey results will be used to determine ridership volumes and evaluate if the shuttle's service and times are convenient or if there is a need for restructuring. At the end of the demonstration project, a final report will be due to the City of San Bernardino stating the benefits and effectiveness of the project and determine if commuter driving habits have changed. PROJECT BUDGET The estimated contributions are: PROPOSAL TOTAL $ 75,000.00 75,000.00 300.000.00 $450.000.00 The City of San Bernardino San Bernardino Associated Governments Caltrans