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HomeMy WebLinkAboutResolution 125-92 RESOLUTION NO. 125-92 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT TO PROVIDE DIAL-A-RIDE TRANSIT SERVICES TO THE TEMPLETON COMMUNITY SERVICES DISTRICT WHEREAS, the City Council had previously authorized staff to negotiate a contract with the County of San Luis Obispo to provide Dial-A-Ride transit services to the Templeton Community Services District; and WHEREAS, the proposed contract contains all of the original conditions as contemplated by the City Council when previously considered; and WHEREAS, transit services will only be provided on a very limited trial basis until such time as its impact upon service to the Atascadero community may be evaluated;. and WHEREAS, the City has no obligation to continue providing said transit services to the Templeton Community Services District beyond the initial six (6) month trial period if in fact it is determined that service to the Atascadero community is negatively impacted. THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero that the contract attached herewith as Exhibit "A" is hereby approved and the Mayor is authorized to execute said contract. APPROVED AND ADOPTED by the City Council of the City of Atascadero on the following roll call vote: AYES: Councilmembers Bewley, Borgeson, Luna and Mayor Nimmo NOES: Councilmember Kudlac ABSENT: None ATTEST: November 24, `1992 CITY OF ATASCADERO 1 BY: RABOI =.ty Clerk ROBERT P. NIMMO, Mayor Resolution No. 125-92 page two APPROVED AS TO FORM: ARTHER MONTA ON, Cit A APPROVED AS TO CONTENT GREG LUKE, Director of Public Works 92033 RESOLUTION NO. 125-92 EXHIBIT "A" Page 1 TRANSIT OPERATIONS AGREEMENT This AGREEMENT is made and entered into this 7th day of December , 1992 by and between the City of Atascadero, hereinafter referred to as "City" and the County of San Luis Obispo hereinafter referred to as "County" . W I T N E S S E T H WHEREAS, the County desires to establish Dial-A-Ride transit service for the residents of the Templeton Community Services District; and WHEREAS, the City operates a Dial-A-Ride transit service to Twin Cities Hospital three times each weekday; and WHEREAS, the City may be able to provide diversionary Dial-A- Ride transit service to the residents of the Templeton Community Services District on a trial basis; and WHEREAS, both the City and the County generally support the provision of such service for County residents of the Templeton Community Services District; and WHEREAS, the County is willing to compensate the City using County funds to provide diversionary Dial-A-Ride. transit service for the residents of the Templeton Community Services District. NOW THEREFORE, in consideration of mutual promises, covenants and conditions contained herein, the City and County agree as follows: 1. County hereby contracts with City to operate and maintain Dial -A-Ride. public transportation services upon the terms: and conditions hereinafter set forth. 2. This agreement shall become effective upon execution by all parties to this agreement and shall remain in effect, for & six (6) montiz period. 3 . Upon completion of the initial`si.x (6) month period, the agreement shall remain in effect until terminated by both parties; provided, however, that only thirty (30) days notice shall be required. to terminate the: agreement at the and of the: initial. six- (6) i -(6) month. period. 4. The, City shall be responsible. for meeting all applicable rules and regulations relating to the maintenance and operat ons of a Dial-A-Ride transit service. 5. The City shall undertake due diligence to coord rata dispatching for Dial-A Ride- transit service to the Templeton Community Services District with the City of Paso Robles Dial-A-- Ride service. RESOLUTION NO. 125-92 EXHIBIT "A" Page 2 6. City shall provide Dial-A-Ride transit service to the residents of the Templeton 'Community Services District for trips which are coordinated with existing service between Atascadero and Twin Cities Hospital. Currently, three (3) scheduled trips to Twin Cities Hospital are provided Monday through Friday, excluding approved holidays, at approximately 9:00 a.1. ; 1:00 p.m. and 4: 00 p.m. 7. The County agrees to pay the City a minimum fee of $69.00 per day which shall. constitute full payment for one (1) hour of Dial-A-Ride transit service during each scheduled trip to the Twin Cities Hospital. The minimum fee shall apply whether or not any or all of each basic hour is utilized. Service provided beyond each basic hour shall be billed at the rate of $23.00 per hour. Service beyond each basic hour shall be billed in one half hour (30 minute) increments. 8. The City shall invoice the County monthly for Dial-A-Ride transit service provided to the Templeton Community Services District. Said invoices shall identify the number of days of service billed at the minimum rate and the dates and times of service billed, beyond each basic hour at the rate of $23 .00 per hour. 9 . The County shall make payment to the City within thirty (30) days of receipt of the invoice from the City. Payments shall be made payable to and mailed first class to: City of Atascadero Department of Public Works. 6500 Palma Avenue Atascadero, CA 93422 10. Passengers originating from within the Templeton Community Services District shall be required to pay the same fare as the passengers originating within the City. Fares collected by the City from the passengers originating from within the Templeton Community Services District who utilize the Dial-A-Ride transit service become the property of the City and shall be used to offset fees due the City from the County for providing Dial-A-Ride transit services. 11. City shall maintain written records of all trips, which shall include but not be limited to the number of fare paying and non-fare paying passengers. Copies of such records shall be provided to the County on a. monthly basis and included with the monthly billing statements. 12. The City shall permit authorized representatives of the County to inspect and audit all data and records of the City relative to the performance of this agreement. RESOLUTION NO. 125-92 EXHIBIT "A" Page 3 13. The City shall maintain written records of all written complaints received concerning the Dial-A-Ride transit services. The City shall investigate each complaint and show in written record how each complaint was resolved. A copy of . these records shall be mailed to the County Engineer monthly. If a complaint goes unresolved or reoccurs, then City or 'City's representative shall give written notice to the County Engineer why the complaint is unresolved. 14. City shall defend, indemnify and save harmless the County, its officers, agents and employees, from any and all claims, demands, damages, costs, expenses, judgments or liability arising out of this agreement or attempted performance of the provisions hereof, including:.but not limited to those predicated upon theories of violation of statute, ordinance, or recklessness including negligent or reckless operation of motor vehicles or other equipment, furnishing of defective or dangerous products or completed operations, premises liability including liability arising from trespass or inverse condemnation, violation of civil rights and also including any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board with respect to City's "independent contractor"' status that would establish a liability for failure to make social security and income tax withholding payments, or any act or omission to act, whether or not it be willful, intentional or actively or passively negligent on the part of City or its agents, employees or other independent contractors directly responsible to City providing further that the foregoing shall apply to any wrongful acts or any active or passively negligent acts or omissions to act, committed jointly or concurrently by City or City's agents, employees or other independent contractors and the County, its agents, employees or independent contractors. Nothing contained in the foregoing indemnity provision shall be construed to require- indemnification for claims, demands, damages costs, expenses or judgments resulting solely from the negligence or willful misconduct of the County. 15 All notices required to be given with respect to this agreement shall be in writing and mailed first class postage prepaid to the persons named below: If to City: City of Atascadero Department of Public-works 6500 Palma Avenue Atascadero, CA 93422 Attn: Greg Luke If to County: County of San Luis Obispo County Engineer County Government Center San Luis Obispo, CA 93408 Attn: Richard Randise RESOLUTION NO. 125-92 EXHIBIT- "A" Page 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, effective as of the date shown in the first paragraph of this Agreement. City of Atascadero County of San Luis Obispo ROBERT NIMMO, Mayor Board Chair Dated f/-.. 0 - ?' ._ Dated APPROVED AS TO FROM: APPROVED AS TO FROM: James B. Lindholm, Jr. , County Counsel ARTHUR MONTA1406N, City Attorney Raymond A. Biering, Dated �' :. � ' Deputy County Counsel Attest: Dated LEE RABOIN, 9ity Clerk