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RESOLUTION NO. 1 f/55'
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH OMNITRANS RELATING TO BUS
3 MAINTENANCE SERVICE AND STORAGE OF THREE CITY OWNED BUSES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLows:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with Omnitrans relating to bus maintenance service
and storage of three City owned buses, a copy of which is attache
hereto, marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
~:::d~~at :::/o::~~~~.'~ 1978,-::t::: :::::::~ghe1d
vote, to wit:
AYES: Councilmen ~~__/h-; :t/~/~
d___ ~~#< ~~ ,~,.LJA/
NAYS: ~
ABSENT: ~JAif-"~/!fv4P/ 7;-;/~1~/.-V-A'?;'
~~4<,X.Lo-fi
cJ.~Y7erk
resolution is hereby ap ed this ~ da
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The foregoing
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no
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, 1978.
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Approved as to form:
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FI L' E 0
FFB 171978
I UC!~LE GOF~CityClerk
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AGREEMENT
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(Bus Maintenance Service and Storage)
_1,:;"'"' AGREEME'T ta _de and entered into thia ~7".r day of
~~~ ' 1978, by and between OMNITRANS, a joint
powers authority, hereinafter called "Omnitrans", and the CITY
OF SAN BERNARDINO, a municipal corporation, hereinafter called
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"City".
WIT N E SSE T H:
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WHEREAS, City has purchased three buses from Omnitrans for
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use in various City programs; and
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WHEREAS, City desires Omnitrans to maintain, service and
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store said buses and Omnitrans desires to perform said work,
NOW, THEREFORE, it is agreed as follows:
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1. Se'rvices for Buses
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(a) Omnitrans shall furnish full maintenance service
16 on the City equipment hereinafter listed for the term hereof.
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Omnitrans '
EqUip. No.
Vehicle
1.D. No.
Description
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4803
4809
4832
1954 G.M.C. Bus
1954 G.M.C. Bus
1954 G.M.C. Bus
TDH4801168
TDH4801180
TDH480l243
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(b) Said full maintenance service furnished by
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Omnitrans shall include work and materials on the above equip-
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ment as follows:
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(1) Parts, adjustment, repairs or replacement
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(2) All fuel and lubricants;
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(3) periodic servicing of vehicles;
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(4) Tires and tubes on a mileage basis;
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(5) All repairs, renewals and replacements
2 necessitated by ordinary wear and tear shall be covered by this
3 agreement. This agreement shall not cover repairs or renewals
4 to said City equipment necessitated because of accidents or
5 neglect by City.
6 Omnitrans shall obtain prior written approval from City
7 for any repair expenditure by City of one thousand dollars ($1,00 )
8 or more.
9 Services provided by Omnitrans shall be during routine
10 working hours for regular repair. Maintenance services shall be
11 performed at Omnitrans Maintenance Facility, 1700 West 5th street,
12 San Bernardino, California, and all services performed hereunder
13 by Omnitrans shall be performed promptly and expeditiously.
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2. C~nditions. Nothing in this agreement shall be con-
15 strued to mean that Omnitrans assumes liability on account of
16 accidents to persons or property except those directly and solely
17 due to negligent acts of Omnitrans or its employees.
18 City hereby agrees to, and shall, hold Omnitrans, its
19 elective and appointed boards, commissions, officers, agents and
20 employees harmless from any liability for damage or claims for
21 damage for personal injury, including death, as well as from
22 claims for property damage which may arise from City's acts pur-
23 suant to this agreement.
24 Omnitrans shall not be held responsible or liable for any
25 loss, damage, detention, or delays caused by accidents, strikes,
26 lockouts, fire, flood, act of civil or military authority, or
27 by insurrection or riot or by any other cause which is beyond
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3. Term. The term of this agreement shall be for a perio
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of one year commencing February 1, 1978 and ending one (1)
year thereafter.
4. Compensation. Omnitrans shall charge City, and City
5 shall pay Omnitrans charges for Omnitrans services provided
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6 hereunder, computed upon the basis of time spent by Omnitrans'
7 personnel multiplied by the average hourly rate of compensation
8 paid by Omnitrans to the personnel performing the service pro-
9 vided for herein. Said average hourly rate shall be computed by
10 Omnitrans so as to consider the hourly rate plus fringe benefits
11 and plus ten percent which said percentage shall represent in-
12 direct cost and overhead incurred by Omnitrans. Fringe
13 benefits considered shall include all fringe benefits, included
14 but not limited to, retirement, vacations, paid holidays, group
15 life insurance, health and accident insurance, sick leave and
16 other related expenses.
17 At the end of anyone fiscal year during the term of this
18 agreement, Omnitrans may revise the rate charged to City to re-
19 flect all increased costs. City shall be notified in writing by
20 Omnitrans of such rate increases thirty (30) days prior to the
21 time that such rates become effective. It is the intention of
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the parties hereto to provide that Omnitrans shall be entitled
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to recover all costs for its services to City.
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Parts, replacements, material used in repair and service
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of said vehicles shall be procured by Omnitrans and charged to
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City at the actual cost of such material, parts or replacement
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plus lOt to cover shipping and handling.
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Charges shall be billed to City by Omnitrans on a
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1 monthly basis.
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5. Termination. Either party to this agreement may
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3 terminate this agreement by giving thirty (30) days advance writt
4 notice to the other party of said termination. Upon the expira-
5 tion of said thirty (30) day period, this agreement shall
6 termina te .
6. Assi~nment. Neither party hereto shall have the right
8 to assign this agreement without prior written consent of the
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9 other party, and any assignment made without such written consent
10 shall be void.
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7. Severability. If any provision or provisions of
12 thi~ agreement are for any reason held to be invalid or uncon-
13 stitutional by the decision of any court of competent jurisdictio ,
14 such decision shall not affect the validity of the remaining
15 portions of said agreement.
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8. Notices. Any notices required hereunder shall be in
17 writing and delivered in person or sent by certified mail as
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Omnitrans
1700 West 5th Street
San Bernardino, CA 92410
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City of San Bernardino
300 North nO" Street
San Bernardino, CA 92418
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first hereinabove written.
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ATTEST:
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Omnitrans
By ~#~
Title
GENERAL MANAGER