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HomeMy WebLinkAbout2011-240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2011-240 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ENTERING INTO AN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND OMNITRANS FOR ONE-TIME FUNDING FOR A COLLEGE FREE PASS PILOT PROGRAM FOR 2011-2012 ACADEMIC YEAR WHEREAS, City of San Bernardino desires to reduce air pollution and traffic congestion in the CITY by decreasing automobile trips and promoting the use of public transportation and; WHEREAS, Omnitrans provides public transportation service throughout the San Bernardino County valley including trips to California State University San Bernardino, Chaffey College, Crafton Hills College, and San Bernardino Valley College using clean burning compressed natural gas vehicles which eliminate vehicles from roads and; WHEREAS, Omnitrans proposes a one-time donation for a College Free Pass pilot program for free bus rides for all students residing in the City of San Bernardino on the Omnitrans bus routes servicing these campuses of California State University San Bernardino, Crafton Hills College, Chaffey College, and San Bernardino Valley College. WHEREAS, CITY agrees to participate in the College Free Pass pilot program by providing $141,765 for 9,451 student residents to subsidize CITY students' bus fares during the pilot program period. III III III July 27. 2011 2011-240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ENTERING INTO AN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND OMNITRANS FOR ONE-TIME FUNDING FOR A COLLEGE FREE PASS PILOT PROGRAM FOR 2011-2012 ACADEMIC YEAR. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute the attached Agreement between Omnitrans and the City of San Bernardino for the Omnitrans College Free Pass pilot program for the 2011-2012 academic year at an amount not to exceed $141,765. A copy of said Agreement is attached as Exhibit "A" and made a part hereof. 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 The authorization to execute the above-referenced agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passing of this Resolution. III III III III III III III III III III III III July 27, 2011 2011-240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ENTERING INTO AN AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND OMNITRANS FOR ONE-TIME FUNDING FOR A COLLEGE FREE PASS PILOT PROGRAM FOR 20ll-2012 ACADEMIC YEAR. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 1st day of August ,2011 by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT x MARQUEZ JENKINS x BRINKER x SHORETT x KELLEY x x JOHNSON MCCAMMACK x /) J ,L.,-1 h !p~~l 4.,.. . LUJLr, Ra~hel G. Clark, City Clerk The foregoing resolution is hereby approved this 0J2 day of ....., August ,2011. 22 Approved as to form: 23 24 25 26 27 28 J ES F. PENMAN, ]ty Attorney July 27, 2011 2011-240 EXHIBIT A Agreement between City of San Bernardino and Omnitrans for one-time funding for a College Free Pass pilot program for 2011-2012 Academic Year. This agreement is made and entered into this _ day of _,2011, by and between Omnitrans, 1700 W. Fifth Street, San Bernardino, CA 92411, and the City of San Bernardino, 300 North D Street, San Bernardino, CA 92418, referred to as the CITY. RECITALS: WHEREAS, CITY desires to reduce air pollution and traffic congestion in the CITY by decreasing automobile trips and promoting the use of public transportation and; WHEREAS, Omnitrans provides public transportation service throughout the San Bernardino County valley including trips to California State University San Bernardino, Chaffey College, Crafton Hills College, and San Bernardino Valley College using clean burning compressed natural gas vehicles which eliminate vehicles from roads and; WHEREAS, Omnitrans proposes a one-time donation for a College Free Pass pilot program for free bus rides for all students residing in CITY on the Omnitrans bus routes servicing these campuses of California State University San Bernardino, Crafton Hills College, and San Bernardino Valley College. WHEREAS, CITY agrees to participate in the College Free Pass pilot program by providing $141,765 in AB 2766 Subvention Funds for 9,451 student residents to subsidize CITY students' bus fares during the pilot program period. ARTICLE 1. STATEMENT OF WORK AND PAYMENT A City agrees to provide Omnitrans with a one-time amount of $141,765 to be used to fund a portion of the College Free Pass pilot program sponsored by Omnitrans and payable upon receipt of invoice from Omnitrans. B. Omnitrans shall allow CITY students who provide a current valid College Identification Card to ride all of Omnitrans fixed route services at no charge commencing August 15, 2011 and ending June 30, 2012. This shall not apply to Access services. C. Omnitrans shall promote this program to CITY students to encourage usage. 1 2011-240 EXHIBIT A ARTICLE 2. REPORTS At the conclusion of the program, Omnitrans shall provide CITY with a report summarizing usage and success of the program for use by CITY in reporting use of AS 2766 funds. ARTICLE 3. INDEPENDENT CONTRACTOR CITY is an independent contractor and not a beneficiary or employee of Omnitrans within the meaning of any Workers' Compensation law, or any law which would entitle benefits arising out of any state or federal unemployment or old age fund or similar law, or any right to privilege extended by Omnitrans to its employees. CITY has no power to bind Omnitrans, by contract of otherwise except as herein provided by the sale of public transportation. Omnitrans is an independent contractor and not a beneficiary or employee of CITY within the meaning of any Workers' Compensation law, or any law which would entitle benefits arising out of any state or federal unemployment or old age fund or similar law, or any right to privilege extended by CITY to its employees. Omnitrans has no power to bind CITY, by contract of otherwise except as herein provided by the sale of public transportation ARTICLE 4. INDENMNITY Omnitrans shall defend, indemnify and hold CITY, its officers, agents, and employees harmless from and against any and all liabilities, loss, expense (including reasonable attorneys' fees), or claims for injury or damage arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damage are caused by or result from the negligent or intentional acts of omissions of Omnitrans, its officers, agents, or employees. City shall defend, indemnif'y and hold Omnitrans, its officers, agents, and employees harmless from and against any and all liabilities, loss, expense (including reasonable attorneys' fees), or claims for injury or damage arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damage are caused by or result from the negligent or intentional acts of omissions of City, its officers, agents, or employees. ARTICLE 5. INSPECTION OF RECORDS Omnitrans shall permit the authorized representative of CITY, during reasonable hours, to examine, inspect and audit all records and accounts pertaining to the College Free Pass pilot program and this Agreement. Omnitrans shall make such items readily accessible to CITY during Omnitrans performance hereunder and for a period of four (4) years from the end of the program by CITY hereunder. 2 2011-240 EXHIBIT A ARTICLE 6. DEFAULT In the event that Omnitrans does not receive the necessary funding from all participating jurisdictions before service begins, the program shall be cancelled and any funds received from CITY shall be returned in full. ARTICLE 7. MODIFICATION No modification of this agreement shall be effective unless made in writing and signed by both parties. ARTICLE 8. TERM This Agreement shall be effective upon execution and shall continue in effect until June 30, 2012 ARTICLE 9. NOTIFICATION All notices hereunder and communications with respect to this Agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows. To City of San Bernardino: 300 North D Street San Bernardino, CA 92418 Attn: Charles McNeely City Manager (909) 384-5122 To Omnitrans: 1700 W. Fifth Street San Bernardino, CA 92411 Attention: Wendy Williams Marketing Department (909) 379-7151 ARTICLE 10. COMPLETE AGREEMENT; SEVERABILITY; WAIVER This Agreement and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between Omnitrans and CITY and it supersedes all prior representations, understandings, and communications. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. The failure of either party to insist in anyone or more instances upon the performance of any term or terms of this Agreement shall not be construed as a waiver of relinquishment of party's right to such performance or to future performance of such a term or terms. 3 2011-240 EXHIBIT A ARTICLE 11. GOVERNING LAW AND VENUE The law of the State of California, without regard to any conflicts of law provisions, shall govern any action or claim arising out of this Agreement. The parties agree that the venue for any action or claim arising out of or related to this Agreement shall be San Bernardino County. If any action or claim concerning this Agreement is brought by a third party, the parties agree to use their best efforts to obtain a change of venue to San Bernardino County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year above written. CITY OF San Bernardino OMNITRANS BY BY NAME: Milo Victoria TITLE: CEO/General Manager DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: BY: City Attorney BY: County Counsel 4 2011-240 Agreement between City of San Bernardino and Omnitrans for one-time funding for a College Free Pass pilot program for 2011-2012 Academic Year. This agreement is made and entered into this /~r day of Atli//S/20 11, by and between Omnitrans, 1700 W. Fifth Street, San Bernardino, CA 92411, and the City of San Bernardino, 300 North D Street, San Bernardino, CA 92418, referred to as the CITY. RECIT ALS: WHEREAS, CITY desires to reduce air pollution and traffic congestion in the CITY by decreasing automobile trips and promoting the use of public transportation and; WHEREAS, Omnitrans provides public transportation service throughout the San Bernardino County valley including trips to California State University San Bernardino, Chaffey College, Crafton Hills College, and San Bernardino Valley College using clean burning compressed natural gas vehicles which eliminate vehicles from roads and; WHEREAS, Omnitrans proposes a one-time donation for a College Free Pass pilot program for free bus rides for all students residing in CITY on the Omnitrans bus routes servicing these campuses of California State University San Bernardino, Crafton Hills College, and San Bernardino Valley College. WHEREAS, CITY agrees to participate in the College Free Pass pilot program by providing $141,765 in AB 2766 Subvention Funds for 9,451 student residents to subsidize CITY students' bus fares during the pilot program period. ARTICLE 1. STATEMENT OF WORK AND PAYMENT A City agrees to provide Omnitrans with a one-time amount of$141,765 to be used to fund a portion of the College Free Pass pilot program sponsored by Omnitrans and payable upon receipt of invoice from Omnitrans. B. Omnitrans shall allow CITY students who provide a current valid College Identification Card to ride all of Omnitrans fixed route services at no charge commencing August 15, 2011 and ending June 30, 2012. This shall not apply to Access services. C. Omnitrans shall promote this program to CITY students to encourage usage. 1 2011-240 ARTICLE 2. REPORTS At the conclusion of the program, Omnitrans shall provide CITY with a report summarizing usage and success of the program for use by CITY in reporting use of AB 2766 funds. ARTICLE 3. INDEPENDENT CONTRACTOR CITY is an independent contractor and not a beneficiary or employee of Omnitrans within the meaning of any Workers' Compensation law, or any law which would entitle benefits arising out of any state or federal unemployment or old age fund or similar law, or any right to privilege extended by Omnitrans to its employees. CITY has no power to bind Omnitrans, by contract of otherwise except as herein provided by the sale of public transportation. Omnitrans is an independent contractor and not a beneficiary or employee of CITY within the meaning of any Workers' Compensation law, or any law which would entitle benefits arising out of any state or federal unemployment or old age fund or similar law, or any right to privilege extended by CITY to its employees. Omnitrans has no power to bind CITY, by contract of otherwise except as herein provided by the sale of public transportation ARTICLE 4. INDENMNITY Omnitrans shall defend, indemnify and hold CITY, its officers, agents, and employees harmless from and against any and all liabilities, loss, expense (including reasonable attorneys' fees), or claims for injury or damage arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damage are caused by or result from the negligent or intentional acts of omissions of Omnitrans, its officers, agents, or employees. City shall defend, indemnify and hold Omnitrans, its officers, agents, and employees harmless from and against any and all liabilities, loss, expense (including reasonable attorneys' fees), or claims for injury or damage arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damage are caused by or result from the negligent or intentional acts of omissions of City, its officers, agents, or employees. ARTICLE 5. INSPECTION OF RECORDS Omnitrans shall permit the authorized representative of CITY, during reasonable hours, to examine, inspect and audit all records and accounts pertaining to the College Free Pass pilot program and this Agreement. Omnitrans shall make such items readily accessible to CITY during Omnitrans performance hereunder and for a period of four (4) years from the end of the program by CITY hereunder. 2 2011-240 ARTICLE 6. DEFAULT In the event that Omnitrans does not receive the necessary funding from all participating jurisdictions before service begins, the program shall be cancelled and any funds received from CITY shall be returned in full. ARTICLE 7. MODIFICATION No modification of this agreement shall be effective unless made in writing and signed by both parties. ARTICLE 8. TERM This Agreement shall be effective upon execution and shall continue in effect until June 30, 2012 ARTICLE 9. NOTIFICATION All notices hereunder and communications with respect to this Agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows. To City of San Bernardino: 300 North D Street San Bernardino, CA 92418 Attn: Charles McNeely City Manager (909) 384-5122 To Omnitrans: 1700 W. Fifth Street San Bernardino, CA 92411 Attention: Wendy Williams Marketing Department (909) 379-7151 ARTICLE 10. COMPLETE AGREEMENT; SEVERABILITY; WAIVER This Agreement and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between Omnitrans and CITY and it supersedes all prior representations, understandings, and communications. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. The failure of either party to insist in anyone or more instances upon the performance of any term or terms of this Agreement shall not be construed as a waiver of relinquishment of party's right to such performance or to future performance of such a term or terms. 3 2011-240 ARTICLE 11. GOVERNING LAW AND VENUE The law of the State of California, without regard to any conflicts of law provisions, shall govern any action or claim arising out of this Agreement. The parties agree that the venue for any action or claim arising out of or related to this Agreement shall be San Bernardino County. If any action or claim concerning this Agreement is brought by a third party, the parties agree to use their best efforts to obtain a change of venue to San Bernardino County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year above written. BY NAME: i tI TITLE: t" 0 /1tf~ ",r-- DATE: na /11 I OMNIT~ BY~ Milo Victoria CEO/General Manager DATE: j? ",.,/ APPROVED AS TO FORM: ,//) flz // / /,1 ~ BY: (//2U.!'l ~ ~ County Co. sel APPROVED AS TO FORM: 4