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Home My WebLink About1993 CON McDonald Transit Bus Contract Extension_Ay of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June .$1993 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT WITH McDONALD TRANSIT ASSOCIATES, INC. PREPARED BY EXPLANATION. Bob Arthur DEPARTMENT National City Transit The contract with McDonald Transit Associates, Inc. for the operation of public bus service in National City expires June 30, 1993. The City has the option to renew the contract for an additional two years. The attached resolution authorizes an amendment to the contract to accomplish this. Additionally, the amendment addresses ADA requirements as requested by the City. Funding is considered separately when National City Transit budget is reviewed along with the rest of the City budget. The City transit operation is funded with Transportation Development funds. The General Fund is not involved. Environmental Review XN/A Financial Statement This action involves TDA funds only. The City's General Fund is not involved. Account No. STAFF RECOMMENDATION Staff recommends approval. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 93-70 * Resolution * Contract *Letter from McDonald Transit A-200 (Rev. 9/80) RESOLUTION NO, 93-70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH MC DONALD TRANSIT ASSOCIATES, INC. WHEREAS, the City of National City and McDonald Transit Associates, Inc. entered into a contract and agreement executed on the 25th day of April, 1979, for the operation of public bus transportation service in the City of National City; and WHEREAS, that original contract has been renewed and extended, with certain changes mutually agreed by the parties; and WHEREAS, the term of the current amendment expires on June 30, 1993; and WHEREAS, the parties desire to amend Section 2 of the contract to provide for a contract term of July 1, 1993 to June 30, 1995; and WHEREAS, the parties further desire to amend the contract to provide for compliance with the Americans with Disabilities Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to Agreement between the City of National City and McDonald Transit Associates, Inc. Said Amendment to Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 8th day of June, 1993. ATTEST: � o Anne Peoples, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ad- l<42 George H. aters, Mayor Passed and adopted by the Council of the City of National City, California, on June 8, 1993 by the following vote, to -wit: Ayes: Councilmen Da11a, Inzunza, Morrison, Zarate, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen No n e AUTHENTICATED BY: GEORGE H. WATERS By: Mayor of the City of National City, California Cit Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO.....93 - 7 0 of the City of National City, Calif., passed and adopted by the Council of said City on ... J.0 1a.2 ...$......1.9 9 3 (Seal) City Clerk of the City of National City, California By: Deputy AMENDMENT TO CONTRACT THIS AMENDMENT TO CONTRACT, made and entered into on this the 8th day of June , 1993, by and between the CITY OF NATIONAL CITY, a municipal corporation located in San Diego County, hereinafter called "City", acting by and through its duly authorized Mayor, and McDONALD TRANSIT ASSOCIATES, INC., a Texas Corporation, hereinafter called "McDT', acting by and through its duly authorized President, RECITALS A. City and McDT entered into a contract and agreement executed on the 25th day of April, 1979, for the operation of public bus transportation service in the City of National City. B. That original contract has been renewed and extended, with certain changes mutually agreed by the parties. C. The term of the current amendment expires on June 30, 1993. D. The parties desire to amend Section 2 of the contract to provide for a contract term of July 1, 1993 to June 30, 1995. E. The parties further desire to amend the contract to provide for compliance with the Americans with Disabilities Act. NOW, THEREFORE, in consideration of the foregoing recitals and covenants and agreements of each of the parties herein set forth, the parties hereby agree as follows: I. Section 2 of the contract is amended to read as follows: '2. TERM: The term of this contract and agreement shall be for a period of twenty-four (24) months, from July 1, 1993. However, it is covenanted and agreed by and between the parties that the City shall have the option to renew and extend this contract and agreement for an additional two (2) years beyond such twenty-four (24) month term on the same terms and conditions as herein set forth. City shall have a right of cancellation of this agreement if funding to City from the Local Transit Fund of the State of California is eliminated or reduced _so that the undertakings in the agreement cannot be met, or any changes in State or Federal law or regulation which limits the ability of City to operate transit services as herein described." II. Section 4 of the contract is amended by adding to the list of examples of McDT responsibilities at the end of the section new language to read as follows: "(10.) Operation of the transit system in compliance with all applicable local, State and Federal laws and regulations, specifically including but not limited to, The Americans with Disabilities Act of 1990." III. Except as otherwise provided herein, all of the terms and conditions of the "Contract to Establish and Operate Transit Service," dated April 25, 1979, as currently amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Contract on the 8th day of June , A.D. 1993, as of the date and year aforesaid. A I'EST: CITY OF NATIONAL CITY, CALIFORNIA Loi Anne PeoplesP....¢..112/ City Clerk APPROVED AS TO FORM AND LEGALITY A#0 geo;.21C. George H. Eiser, III City Attorney A'ITEST: 411-7r [`�-- ters Mayor McDONALD TRANSIT ASSOCIATES, INC. Karen uis L. H Secretary President 415 mcD0rIALD TRAIISIT ASSOCIATES, MC. 2001 BEACH STREET, SUITE *407 • FORT WORTH, TEXAS 76103 (817) 535-6066 May 20, 1993 Mr. Tom G. McCabe City Manager City of National City 1234 National City Avenue National City, California 92050 Dear Mr. MoQabe For another two years, National City Transit has continued to set new records. Ridership has increased 17 percent. The farebox recovery ratio has increased so that more than 60 percent of the operating expense is currently met by farebox revenue. New service, Route 603, is now up to 3.11 passengers per mile, close to the current system -wide average of 3.4 passengers per mile. The Triennial Performance Audit of National City Transit prepared for the San Diego Association of Governments by Booz Allen & Hamilton Inc. concluded: "Overall, National City Transit's performance has been praiseworthy during the past three years." We are proud to have contributed to this progress, and wish to continue serving National City. A draft contract amendment is enclosed for your review. It extends the contract term for two years from July 1, 1993, and, as requested, adds language concerning ADA compliance. Thank you for your consideration. Enclosure