HomeMy WebLinkAbout1991-357
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RESOLUTION NO. 91-357
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH OMNITRANS, A JOINT POWERS
AUTHORITY, AND SAN BERNARDINO DOWNTOWN MAIN STREET, INC., A NON-
PROFIT CORPORATION, RELATING TO THE INSTALLATION, MAINTENANCE, AND
TYPE OF TRANSIT FURNITURE AND RELATED AMENITIES AT DOWNTOWN SAN
BERNARDINO BUS STOPS AND RESCINDING RESOLUTION NO. 91-65.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized to execute on behalf of said City an Agreement
9 with Omnitrans, a joint powers authority, relating to the
10 installation, maintenance and type of transit furniture and
11 related amenities at downtown San Bernardino bus stops, a copy of
12 which is attached hereto, marked Exhibit "A" and incorporated
13 herein by reference as though fully set forth at length.
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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referenced Agreement is rescinded if the parties to the Agreement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 the passage of this
Resolution.
SECTION 3.
Resolution No. 91-65 is hereby formally
rescinded.
I HEREBY CERTIFY that the foregoing Resolution was duly
21 adopted by the Mayor and Common Council of the City of
22 San Bernardino at a regular meeting thereof, held on the
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5th
day of
August ,1991, by the fOllowing vote, to wit:
24 III
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August 5, 1991
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5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH OMNITRANS, A JOINT POWERS
2 AUTHORITY, AND SAN BERNARDINO DOWNTOWN MAIN STREET, INC., A NON-
PROFIT CORPORATION, RELATING TO THE INSTALLATION, MAINTENANCE, AND
3 TYPE OF TRANSIT FURNITURE AND RELATED AMENITIES AT DOWNTOWN SAN
BERNARDINO BUS STOPS AND RESCINDING RESOLUTION NO. 91-65.
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
POPE-LUDLAM
x
MILLER
x
~~'1V.p-
Cit Clerk
of
The foregoing Resolution is hereby approved
AUqust , 1991.
day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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August 5, 1991
AGREEMENT
THIS AGREEMENT, made and entered into this 29th day
of August 1991 by and between the CITY OF SAN
BERNARDINO, a Municipal Corporation, 300 North "0" Street, San
Bernardino, California 92418 (herein referred to as "City"), SAN
BERNARDINO DOWNTOWN MAIN STREET, INC., a California Non-Profit
Corporation, 290 North "0" Street, Suite 602, San Bernardino,
California 92418 (herein referred to as "Main Street"), and
OMNITRANS, a Joint Powers Authority, 1700 West Fifth Street, San
Bernardino, California 92411.
WITNESSETH:
WHEREAS, the parties recognize that upgraded, well-
maintained bus stops in downtown San Bernardino are essential to
the benefit of City residents, the City business community and
transit riders regionwide; and,
WHEREAS, the parties wish to coordinate the installation,
maintenance, and type of transit furniture and related amenities
at downtown San Bernardino bus stops; and,
WHEREAS, the parties recognize that downtown San Bernardino
(hereafter referred to as the "Project Area"), shall be defined as
that area of San Bernardino contained within, and bounded by Sixth
Street, Second Street, Arrowhead, and the Interstate 215 Freeway;
NOW THEREFORE, the parties hereto agree as follows:
1. Right to Construct.
A. City hereby grants Omnitrans, on the terms
hereinafter described, the right to construct, erect, install,
repair, maintain and insure at its sole expense one or more of the
following at designated bus stops within the Project Area:
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* Lighted Transit Shelter with "Flip-seat"
passenger seating.
* Lighted Transit Shelter with Railroad bench
seating.
* Railroad bench seating only.
* "Flip-seat" seating only.
B. City shall have right of design review and
approval of all designs of shelters and street furniture
installed. Copies of shelter plans shall be placed on file with
the City. Any design changes on the shelters shall be submitted
for City's written approval thirty (30) days prior to installation
and no changes are allowed without this approval.
C. Quanti ties of shelters and benches to be placed at
any individual stop shall be determined by Omnitrans. The initial
quantity of shelters to be placed in the Project Area is set at 53
units, and shall not exceed 60 units without consent of both the
City and Omnitrans. The total quantity of benches to be installed
by Omnitrans shall be determined at its sole discretion.
D. Shelters and street furniture shall be installed
so as to maintain standard handicap access and shall not create a
sight restriction for a vehicle traveling on an intersecting
street or driveway.
2. Omnitrans Services.
A. At its sole cost and expense, Omnitrans shall
maintain, repair, clean and service the shelters and passenger
amenities as well as the perimeter area immediately surrounding
each bus stop.
III
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B. Omni trans shall provide a minimum of one trash
container at each stop within the project area.
C. Omnitrans shall respond within 24
notification for purpose of graffiti abatement
maintenance needs.
D. Omnitrans will provide electrical connections at
its sole cost and expense to shelter locations falling outside of
the Phase I Main Street Streetscape Project Area. The Phase I
Main Street Streetscape Project Area is defined as that area of
downtown San Bernardino surrounded by Arrowhead, "E" Street,
Second Street, and "D" Streets, plus the corner of Fourth and "F"
Street, Northwest. It is understood by all parties that Main
Street will provide electrical conduit to Omnitrans shelters sited
within its Streetscape Project Area.
3. City Services.
A. At its sole cost and expense, City shall provide
power to each Omni trans shelter wi thin the proj ect
hours of
or other
electrical
Area.
B. Ci ty shall provide trash pick-up at each bus
shelter location within the Project Area. Pick-ups shall be made
a minimum of two ( 2 ) times per week and more frequently if
necessary. Trash pick-ups shall be provided at no expense to
Omnitrans.
C. The City shall issue a one-time blanket permit at
no cost to Omni trans, valid for construction of shelters as
specified under this Agreement. It is understood that the city
will require no permit fees for construction and/or relocation of
additional or existing shelters as provided for under this
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Agreement. The City shall require specific site approval for each
new shelter installed or existing shelter relocated.
4. Shelter Removal.
A. Omnitrans may remove any shelter, bench or
passenger amenity for purpose of convenience or in the event of
chronic vandalism. Chronic vandalism is damage inflicted to an
amenity during any six (6) month period which requires cumulative
expenditures for replacement and repair that exceed the original
cost of construction and installation. Cost of removal of such
amenities and site restoration will be at Omnitrans' sole expense.
B. In the event of chronic vandalism or inadequate
maintenance, the City shall have the right on thirty (30) days
wri tten request to Omni trans to request that Omni trans remove
specific shelters or other amenities, and if Omnitrans declines or
fails to do so, City will remove specific shelters or other
amenities and Omnitrans will assume the cost of removal and site
restoration.
C. The City shall reimburse Omnitrans for all costs
associated with bus shelter or bench removal, relocation and site
restoration when that removal is required for purpose of City
convenience. City convenience shall not include compliance with
existing applicable codes, laws, statutes and other regulations
but shall include compliance with new City enacted codes, laws,
statutes and other regulations. Removal andlor relocation of
benches and shelters within the Project Area for purpose of City
convenience shall only be made on minimum thirty (30) days'
written notification to Omnitrans.
III
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5. Term.
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This Agreement shall continue until terminated by any
party or in the event that amenities are sold or assigned by
Omnitrans to a third party.
6. Amendment.
This Agreement may be amended by any party upon mutual
written consent to the proposed change.
7. Termination.
This Agreement may be terminated by any party by giving
written notice to the other two parties not less than thirty (30)
days prior to termination.
If termination is requested by
Omnitrans, then removal of amenities shall be made as addressed in
paragraph 4(A).
If termination is requested by the City, then
removal shall be made as addressed in Paragraph 4(C).
8. Indemnification, Hold Harmless and Insurance.
A. All parties hereby agree to indemnify, defend and
hold harmless the other parties and their officers and employees
against all liabilities or loss (including reasonable attorney's
fees, related costs and expenses incurred by either outside
counselor staff counsel) because of death, personal injury or
property damage arising or resulting from the fault or negligence
of the indemnifying party in its operations under this Agreement.
B. All parties shall maintain pOlicies of general
liability insurance or self insurance certificates in form and
amount acceptable to the other parties. Each policy will name the
non-procuring parties as additional insureds. All parties shall
maintain the policies in full force and effect during the term of
this Agreement.
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9. Representatives and Notices.
The General Manager shall represent Omnitrans for this
Agreement.
The Executive Director shall represent Main street for
this Agreement.
The City Administrator shall represent the City for
this Agreement.
Notices sent by one party to the other shall be
personally delivered or sent by U.s. Mail, postage prepaid, to the
following addresses:
For Omnitrans:
General Manager
Omnitrans
1700 West Fifth Street
San Bernardino, CA 92411
For Main Street, Inc.:
Executive Director
290 North "D" Street
San Bernardino, CA 92418
For City: City Administrator
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
10. Subcontractors.
Subcontracting by either Omni trans or the City shall be
allowed under this Agreement.
Each party shall be fully
responsible for the performance of any and all subcontractors.
11. Equal Opportunity.
A. By signing this Agreement, the parties certify
that they do not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, physical handicap or
medical condition.
III
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B. The parties agree that each and its subcontractors
will follow all applicable portions of the Immigration Reform and
Control Act of 1986.
12. Governing Law.
This Agreement is governed by the laws of the State of
California.
13. Entire Agreement:
This Agreement is the entire understanding of the
parties, and there are no other conditions, oral or written,
controlling this matter.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first
above shown.
m~;:AN BER~ "
o/./ /." / j/ . ----, ;;/
~y~ /1 ~~ ..//
W.R/~ com~, Mayor
City 0 San,Bernardino
. ;'~,G;: 9 :991
ATTEST:
f:J '~
,,~L ~
~lerk
By
Approved as to form
and legal content:
MA LARRY RHINEHART,
a1NITRANS B)AR[) QfAI~
MAIN STREET, INC. ,
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By: L ~ " / ,O.tf4.~
l\nlil. HarrJ.s'
Executive Director
JAMES F. PENMAN,
Ci ty ~ttorney
,
By: Jhrt,M--, 7. t' 6->~
(Ii
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June 28, 1991