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HomeMy WebLinkAboutCC RESO 15,379RESOLUTION NO. 15,379 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF NAITONAL CITY AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD TO EXTEND ROUTE 602 TO PARADISE HILLS BE IT RESOLVED by the City Council of the City of National City that the Mayor of the City of National City is hereby authorized to execute an agreement between the City of National City and the Metropolitan Transit Development Board to operate bus service within the Paradise Hills area by extension of Route 602 to said area. PASSED and ADOPTED this 4th day of August, 1987. ATPEST: Ione.Campbell, City Clerk/ APPROVED AS TD FORM: George H. iser, III -City Attorney 1C rge H Water, Mayor MTDB Doc. No. 00-88-503 T 120 AGREEMENT BETWEEN CITY OF NATIONAL CITY AND METROPOLITAN TRANSIT DEVELOPMENT BOARD TO EXTEND NATIONAL CITY TRANSIT ROUTE 602 TO PARADISE HILLS THIS AGREEMENT is entered into.. by and between Metropolitan Transit Development Board, hereinafter called "Board," and the City of National City, hereinafter called "City," in view of the following facts: 1. City, pursuant to an agreement with the McDonald Transit, operates a public transportation system in National City. 2. There is a significant amount of travel between the Paradise Hills area of San Diego and National City that can be effectively served by City's public transportation system in National City. 3. The extension of Route 602 into Paradise Hills has been approved by the Board following analysis and consultation with City and Paradise Hills residents. NOW THEREFORE, it is mutually agreed between the parties hereto upon the following terms, covenants and conditions: 1. SERVICE DESCRIPTION City agrees to extend Route 602 into Paradise Hills on the alignment shown in Exhibit A with the level of service shown in Exhibit B. 2. PASSENGER COUNTS The City shall take a survey of riders in Paradise Hills by fare payment type each quarter on three weekdays and one Saturday. Revenue credits for the next quarter will be based on the results of the survey. Each fiscal year City shall arrange for one passenger count of riders boarding and depart- ing the Route 602 within the incorporated area of San Diego in conjunction with the San Diego Association of Governments' passenger counting program. A report summarizing the results of this count shall be submitted to Board. City shall also submit monthly passenger ridership and mileage figures to Board as part of its bill for these service. 3. BUS STOPS Recognizing public convenience and safety, Board agrees to install, relocate or remove bus stops as needed and as soon as possible, upon mutual agreement of City and Board. Board agrees that installation and maintenance of bus stop poles and signs is the responsibility of Board. Board agrees that maintenance of bus stop areas to include the public right-of-way and red curb is the responsibility of the Board. - 2- 4. RESIDENT MANAGEMENT City agrees to furnish a qualified, diligent, expert and efficient executive who will be assigned to, and perform the functions of, the position of General Manager who will serve as operating officer and be responsible for day-to-day operation of all departments of the system in an efficient and effective manner. 5. DRIVER PERFORMANCE City agrees to provide such driver training, orientation and supervision as is appropriate to fully familiarize all City drivers assigned to the Route 602 with the operating schedules, routes, transfer policy, and performance standards. City shall provide road supervision of the system operation. 6. MAINTENANCE AND REPAIRS City agrees to accept full responsibility for maintenance repair and any necessary replacement of bus units, and to keep said units in a safe and good running condition, as well as to keep units in reasonable clean condition (both inside and outside of buses), and guarantees the availability of the number and kind of bus units agreed upon as being appropriate to maintain the schedule approved by Board. - 3- 7. BUDGET AND EXPENDITURE AUTHORITY The budget authorization approved by the Board for this service shall not be exceeded by City. The Board may modify said annual budget in the event Board desires to expand or change the level of service or recognize the unforeseen or unusual costs not anticipated in the approval budget. 8. COMPENSATION City shall submit a bill for these services monthly, showing the cost of the service, determined by multiplying the number of revenue miles of service operated by the budget cost per revenue mile, less passenger revenue credits. Passenger revenue credits shall be based on the results of the quarterly ridership survey. Any amount due City as shown on the monthly report shall be paid by Board to City within 30 days from the day the bill was received. The annual payment by Board to City shall not exceed the amount shown in Exhibit D without prior approval of Board. Exhibit D shall be updated annually to reflect current budget projections, subject to approval by Board. City agrees that the payment of the statement of charges shall release Board from any and all claims or liability on account of service provided under the Agreement. -4- Following completion of the final fiscal audit for a given fiscal year, adjustment to the payments from Board to City shall be made using the audited figures for cost per revenue mile and passenger revenue credit. 9. ACCOUNTING AND AUDITING City will comply with all generally accepted accounting procedures. The following books and records of City relevant to Route 602, will be subject to inspection and audit, upon reasonable notice and at reasonable times, by Board or its representatives. 1. All books and records relative to cash fares and fare collections; 2. All books and records with regard to monthly pass sales; 3. Any other books or records relative to passenger revenue generated by the Route 602; 4. All records of Drivers' Daily Logs or trip sheets; 5. All records of fuel purchase; 6. All drivers' payroll records, for the purpose of determining that service which Board has been billed for was provided. -5- 10. INSURANCE AND LIABILITY City or City's contractor shall carry and maintain in full force and effect throughout the term of this Agreement, a public liability insurance policy with a single limit of not less than FIVE MILLION DOLLARS ($5,000,000). Such insurance policy shall name Board and City as co -insureds, and a certificate of insurance shall be forwarded to Board. City shall be liable for all negligence, intentional acts, dishonest or fraudulent misconduct or omission committed by any officer, employee or agent of City to the extent that such acts result in liability to Board. City also agrees to secure and maintain during the term of this Agreement necessary Worker's Compensation Insurance covering all employees of City employed in the rendition of services hereunder, and shall furnish Board with Certificates evidencing that such insurance is in effect. 11. HOLD HARMLESS City shall assume the defense of, and indemnify and save harmless the Board, any and all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of this Agreement. -6- 12. INDEPENDENT CONTRACTOR City shall carry out the terms of this Agreement as an independent contractor, and not as an agent or employee of Board. 13. SALE OR TRANSFER City agrees that it will not sell, assign, or transfer in whole or in part, any right, title, or interest it possesses by reason of this Agreement. 14. ATTORNEY'S FEES In the event of any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 15. TERMINATION Either Party may terminate this Agreement without cause upon serving written notice upon the other at least 120 days before the effective date of such termination. Board shall receive reimbursement on contracted amount based upon net costs and route miles contained in this Agreement. -7- This Agreement shall be binding upon the parties hereto, their successors and assigns, and shall continue in effect from September 14, 1987 to June 30, 1990. New contract terms, if needed, will be negotiated each year prior to July 1. 16. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION City covenants and agrees that in connection with the performance of this Contract and Agreement, it will discriminate against any individual with respect to sation, terms or privileges of employment by reason individual's race, color, religion, sex or national not compen- of such origin. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duty authorized representatives on this 2i9tic_ day of , 1987. METROPOLITAN TRANSIT DEVELOPMENT BOARD Thomas F. Larwin General Manager DJW:kw:nb MI - 7/15/87 Attachments: Exhibit Exhibit Exhibit Exhibit CITY OF NATIONAL CITY George Waters Mayor A - Route 602 Service Extension (Figure) B - Route 602 Service Description C - Mileage and Passenger Summary D - Cost Summary -8- Paradise Hills Extension National City Alignment EXHIBIT A Route 602 Paradise Hills Extension EXHIBIT B ROUTE 602 SERVICE DESCRIPTION ROUTE ALIGNMENT (ONE-WAY CLOCKWISE LOOP) From the intersection of Eighth Street and Plaza Boulevard, ahead Paradise Valley Road, right Munda Road, left Allegheny Street, right Calle Serena, right Cumberland Street, right Reo Drive, left Allegheny Street, right Harbison Avenue, left Plaza Boulevard. DAYS AND HOURS OF OPERATION Monday - Friday: Approximately 5:30 a.m. - 7:30 p.m. Saturday: Approximately 6:30 a.m. - 7:30 a.m. SERVICE FREQUENCY Monday - Friday: 30 minutes peak, 60 minutes base Saturday: 45 - 60 minutes DJW:kw:nb MI-7/15/87 EXHIBIT C MILEAGE AND PASSENGER SUMMARY MILEAGE Days Trips/ Days/ No. of Miles/ Revenue Day Year Trips Trip Miles FY 88- September 14, 1987- June 30, 1988 Annual Monday -Friday 26 204 Saturday 16 41 Monday -Friday 26 255 Saturday 16 52 5,304 2.7 14,321 656 2.7 1,771 6,630 832 7,462 16,092 2.7 17,901 2.7 2,246 20,147 PASSENGERS Estimated Revenue Passengers/Mile Revenue Revenue Miles Passengers FY 88- September 14, 1987 June 30, 1988 0.75 16,092 12,069 Annual 0.75 20,147 15,110 DJW:kw MI-7/15/87 EXHIBIT D FY 88 COST SUMMARY Fare Miles of Cost/ Service Revenue Revenue/ Revenue Subsidy Service Mile Cost Passengers Passenger Credit Amount FY 88- September 14, 1987- June 30, 1988 16,092 $2.9641 $47,698 12,069 $0.5782 $6,978 $40,720 Annual* 20,147 $2.9641 $59,718 15,110 $0.5782 $8,737 $50,981 *Shown for information only. DJW:kw MI-7/15/87