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HomeMy WebLinkAbout13079 . . 1 RESOLUTIOlil NO. /oAf) "7 &} /r 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOR:r~ING THE EXECIJTION OF AN AGQEMENT WITli YELLOW CHECKER LEASING INCOIU'ORATED 3 FOil !ItJ. SnVICE ON HIGHLAND AVENUE BETwEEN MUSCOT'!' STREET .Un VICTOklA STkEET. 4 Bl!: IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN .SE1lNAII>INO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City 7 8 9 an Agreement with Yellow Checker Leasing Incorporated for bus service on Highland Avenue between Muscott Street and Victoria Street, a copy of which is attached hereto, marked Exhibit "I" 10 11 and incorporated herein by reference as fully as though set 12 forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 14 15 16 ::;/ o1j~:LrN~~977' m::t::: following Bernardino at thereof, held on the /o;J :r~ 17 vote, to wit: 18 Counoilmen e.-z:..,-4-' ~~.I~ ,;h(J'JJr ~4-~~ .f4I?1/'~~ij / Z:~/A..d 'z2,~1 - . , ~- . . AYES: 19 20 NAYS: 21 ABSENT: 22 23 24 /~The foregoing resolution of /LY...u/_~ , 1977. is hereby appro ed this /~~ day 25 26 J.no (]3.Ji-=1 27 28 : ....,\^,:).,:~..~c~,.-~ .-- 1 2 AGREEMENT (Highland Avenue Crosstown Bus Route) 3 THIS AGREEMENT is made ~d entered into at San Bernardino, I \ . r this ..3k day Of/'~ ' 197V., by and CITY OF SAN BERN~INO, a municipal corporation, 4 I California, between the 5 6 hereill.after referred to as "City", and YELLOW CHECKER LEASING 7 INCORPORATED, a California corporation, hereinafter referred to 8 as "Company". 9 WIT N E SSE T H: --------- 10 WHERtAS, City is interested in encouraging and expanding 11 the use of public transportation in the City; and 12 WHEREAS, there is a significant number of transit dependent 13 residents and others who rely on public transportation as their 14 principal means of transportation; and 15 WHEREAS, it has been determined that there is a significant 16 need for a public transportation service in the City on Highland 17 Avenue between Victoria Street and Muscott Street; and 18 WHEREAS, Company is experienced in providing such service, 19 NOW, THEREFORE, in consideration of the mutual promises, 20 covenants and agreements set forth herein, it is agreed as follows 21 1. Term. The term of this agreement shall be for a 22 period of six (6) calendar months, beginning December 5, 1977, 23 and ending at midnight June 5, 1978. This experimental period 24 may be extended by the mutual agreement of the City and Company. 25 2. Service Area. Company agrees to, and shall, provide 26 one (1) twelve passenger Checker automobile for the term of this 27 agreement to be utilized in the operation of a fixed bus route 28 on a five and one-half (5 1/2) mile section of Highland Avenue I: , ... I I 1 I 2 :} 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 generally located between Muscott Street and Victoria Street within a City area more particularly set forth in Exhibit "A", attached hereto and incorporated by reference as though set forth in full and at length. Company shall provide service on said route between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday of each week in accordance with a schedule established by City. Said vehicle shall bear a roof sign approved by City. Said sign shall designate the vehicle as being on the "Highland Avenue Crosstown" bus route. The vehicle shall contain such devices as a locked "fare box", a two-way radio, and any other such items reasonably required by City. The route established herein will complement and supplement the Omnitrans bus system operating within the City limits of San Bernardino. Company shall charge passengers fares for said bus service. A schedule of said fares shall be established by City. Company shall collect fares in accordance with said established schedule, and City shall be entitled to all fares. City shall control all keys for the said fare box. It is understood that the aforesaid "fare box" and two-way radio is to be obtained by Company from Omnitrans on loan and that City is not involved in the arrangements made be- tween Company and Omnitrans. Arrangements have been made whereby Omnitrans is to provide Campany with all necessary printed materials including transfers, trip sheets, and the like. All modifications and expenses required to operate and maintain said bus shall be at the sole expense of Company. 3. Compensation to Company. City shall pay to Company for the services rendered pursuant to this agreement compensation at the rate of nine dollars eighty-one cents ($9.81) per operating -2- hour. Notwithstanding the foregoing, the maximum amount payable to Company pursuant to this agreement shall not exceed the sum of twenty-one thousand eight hundred seventy-nine dollars ($2l,879,00r' City shall pay Company on the basis of the above stated rate for I all authorized operations by Company by the fifteenth of each month for the preceding month provided Company bills City on or before the fifth day of said month. Said billinq by Company shall indicate by specific days the number of Chargeable operating hours for the prior month, and the number of passengers carried. City shall be entitled to all fares collected, and shall control collection of receipts from the fare box. The total compensation to Company shall be solely that paid to Company pursuant to this paragraph on the basis of operating hours. 4. Books and Records. Company shall keep and maintain accurate and adequate books and records in such form as required by City's Finance Director. The City may audit the Company's books and records and all supporting detail related to Company's performance at any time between 6:00 a.m. and 7:00 p.m., Monday through Friday of each week during the term of this agreement and within ninety (90) days thereafter. 5. Termination. Each party hereto shall have the right to terminate this agreement by giving a fifteen (15) days' advance written notice to the other party of said termination. Thereafter this agreement shall terminate in accordance with the notice. given .6. Liability and Insurance. Company hereby agrees to, and shall, hold City, its elective and appointive boards, commis- sions, officers, agents and employees, free and harmless from any liability or claims for damage for personal injury, including. -3- . . - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 II 16 17 1 18 19 20 21 22 23 24 25 26 27 28 . " death, as well as from claims for property damage which may arise from Company's operations under this agreement, whether such operations be by Company or by one or more persons directly or indirectly employed by, or acting as agent for Company or by lease or agreement with Company. Company agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Company's operations under this agreement, whether such operations be by Company or by one or more persons directly or indirectly employed by, or acting as agent for Company or by lease or agreement with Company. Company agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. Company shall file with the City Administrator of City a certificate of insurance for public liability evidencing insurance for protection coverage for the conduct of its programs and services. Said insurance shall be in the sums of $100,000 per person and $300,000 per accident for public liability and $50,000 for property damage claims. Company shall maintain said insurance in effect during the period of its performance under this agreement. 7. Relationshi~ of Parties. The relationship of the Company to City under this agreement is that of independent contractor. 8. Notices. All notices hereunder to be given shall be -4- . . . " 1 sufficient if in writing and directed to the recipient thereof 2 at its last known address. Notices shall be deemed to have been 3 given if either (1) personally delivered to the recipient, or (2) 4 if addressed to the recipient and deposited in the United States 5 mail, postage prepaid and addressed to recipient's last known 6 address: 7 The current addresses of the parties are as follows: 8 9 "City" "Company" City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Yellow Checker Leasing, Inc. 1510 West Fifth Street San Bernardino, CA 92404 10 11 9. Amendment. This agreement represents the entire agree- ment of the parties, and may be amended only by written agreement 12 13 executed by both parties. Failure on the part of either party to 14 enforce any provision of this agreement shall not be construed as a waiver of the right to compel enforcement of such provision, nor act to relieve any party of its obligations under this agreement. IN WITNESS WHEREOF, the parties hereto have executed this 15 16 17 18 agreement on the date first hereinabove written. 19 CITY OF ATTEST: 20 LEASING, INC. B 21 22 23 C 24 By 25 26 APP~ to form: // ' , Title 27 28 -5- -." .." CITY OF SAN BERNARDINO ~ ~--, r_______J.. I . . I , . . , ' , . I : , , I ....7 r-"" " , ........\.! -r-~---' 1" r~ I ~U ~ ,.., ! CD "ST. l_________--. ~39th I c ' " , I , . . ; r,J r-enee:.... i r....--..1 n 'L : ~.... . I' II r' r : 01( l '. I' I I I : ....Rs\1A~ Lz-'-"l I u "'!"------I :......:_n_..____~ I t,. IT ," e_jtfi~ h : CROSSTOWH-"-; : J-'" -- ~ L_,..; '------i :.tt fa. " ,~ r ......,t~ t L-~l \......~ r-",J f C~_.r'lftG1rlt: 'l L..... r-, _"_ r--- J ; /,,- "'l. L___, L_____, ,) t_, r-J (.. r------, ;: ...1"'" L1 :: 'l I ,....J L-l.______J : . , I , ~ , .... r'--'" ", 1"'-' ~~ r, HIGHLAND I ...... / : "'1... , --- il ~i'i 14'" .. 0/ 9 , ~ .. BASEUNE /WE. a .. "- 9'" ~ ". r-- . ~ , --... .. . .. . .. 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