HomeMy WebLinkAbout1975-09-16; City Council; Resolution 37511
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RESOLUTION NO. 3751
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA TERMINATING
AN AGREEMENT FOR BUS SERVICE BETWEEN THE CITY OF CARLSBAD AND THE CITY OF OCEANSIDE AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT FOR PUBLIC BUS TFANSPORTATION SERVICES.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
and the City of Oceanside for the operation of an interconnected
bus transportation system, a copy of which is attached hereto
narked Exhibit A and incorporated herein by reference, is hereby
terminated,
2, That that certain agreement between the City of Carlsbad
md the City of Oceanside for public bus transportation services,
9 copy of which is attached hereto marked Exhibit B and incorpor-
2ted herein by reference, is hereby approved.
3. That the Mayor of the City of Carlsbad is hereby authorized
md directed to execute said agreement for and on behalf of the
2ity of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Zouncil of the City of Carlsbad, California, held on the 16th day
2f SeDte mber , 1975, by the following vote, to wit:
AYES: Councilmen Chase, Lewis, Skotnicki and Councilwoman
NOES: None
ABSENT: Councilman Frazee
Casler
4TTEST :
(SEAL)
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CITY OF CPmSBAD ..
Estimated hours of operation for such year for system described
on Wbit ?'Arf:
Intracity system. . . . . e e . e . a .1.3,2~?.20 hours per year
Estimated Cost Summary:
Less estimated fare box revenuesea . e co e (25,YW.m)
Estimated balance to be claimed by Operator from City LTF Allocat~on...........$219,199.75
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NORTH COUNTY TFJLYTSIT SY 0 Estimated Costs
Carlsbad -Lines 20, 21 uzd 22 :
39 hours daily X 256 week-days = 30 hours Sat, X 52 Saturdays =
Dead-head time (15 mine each way pr. bus, 2 shifts)
3 hours daily X 256 weekdays = 3 hours Sat. X 52 Saturdays =
Sign on-off time
2,4 hours daily X 256 weekdays = 2.4 hours Sat. X 52 Saturdays =
Total Carlsbad Local Service 13,2072
Carlsbad portion Solana Beach Corridor Lbe 1
e EXHI BIT 'I B' Page 3 of 4
Oceanside-Solma Beach (Corridor Lix 1) (4 buses - 2 shifts)
48 hrs. daily X 256 week-ds-ys = k8 hrs. Sat. X 52 Saturdc;.s = 48 hrs. Suq. It Hal. X 58 Sun, & IbI.
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Sim on-off tins
Total Cost &eanside-Solana Beach Corridor
P Total hours Oceanside-Solana Beach Corridor U3,?39e2 *
(To be charged to:)
County of Sa Diego 3% City of Carlsbad
City of Oceanside
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EXHIBIT "Brr Page 4 of 4
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lALD E. NULL
7Y ATTORNEY
cP*onC 722-227D
It M. MCVADA
LAYIIDC. CALI..
CITY OF CARLSRAD
Operator will provide intracity service on the routes shown
Dn Attachments #1 through /% of Exhibit "A" on the schedules
shown on such attachments. The hours of operation shall be:
Weekdays . . . . .-. e . a T am to 8 pm
Saturdays . . . . m a e a 8 to 6 pm
The service shall not be provided on the fol1~~h.g K~1ida.p: '
New Year's Day
Memorial Dag
July 4th
Labor Day
Thanksgiving Day
Christmas Day
Operator shall also provide 30-minute intercomunftg servfce
hrough Carlsbad 7 days per week from 7 zis.me ts 7 p,m,
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AbD E. NULL
Y ATTORNEY
emowe na-aan
PI W. WCVADA
ZANSIOL. CALIF.
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EXHIBIT A to
RESOLUTION NO.
TERMINATION OF CONTRACT *
NORTH COUNTY TRANSPORTATION SYSTEM
CITY OF CARLSBAD
WHEREAS, the City of Oceanside, as "Operator" and the City
of Carlsbad, as "City" entered into an agreement dated March 21,
1974 for the operation of an interconnected bus transportation
system fn a fdmited portion 0% Horth $an Diego County; and
WHEREAS, the initial term of said agrement will expire in
October of 1975; and
WHEREAS, the costs to Operator for operatfon of safd aysta
have 9e4bst~~tEaffy'~~,rjlcreased farcIng Qpemt~r ecs request ehe
hediate termhatiow of the existhe; agreemene an6 execution of
a new agreement for the remainder of Fiscal Year 1975-1976; and
WHEREAS, the City desfres to conctnue &e operation of sard
system despfte the increased cost to @5.tye
Ml'W, 'Pl-EIjXEPQE, the! City of Qceanside and the City of C~Zs'fS2
lo hereby mutually and voluntarily terminate and cancel that
'Agreement for Public Bus Transporeation Services" dated Karch 21,
-974.
IN WITmSS WHEREOF, the parties hereto have caused thfs
'emination af Contract to be executed Chi6 __I_ 16th. day of September
975.
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NALO E. NULL
ITY ATTORNEY
.ICAMIIDL. CALIC.
I21 I#. *C,#ADA
LCC*O*C 72l-ani
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EXHIBIT B to
RESOLUTION NO. 3757
AGREEMENT FOR PUBLIC BUS TRANSPORTATION SERVICES
NORTH COUNTY TRANSPORTATION SYSTEM
FY 75-76 City of Carlsbad
THIS AGREEMEpT is made and entered into this 16th day
Df SeDtember
iereinafter called "Operator", and CITY OF CARLSBAD, hereinafter
zalled "City" 8
, 1975, by and between the CITY OF OCEANSIDE,
WITNESSETH:
WHEREAS, a regional and interconnected bus transportation
iystem is needed to serve the northerly portion of San Diego
:ounty in the State of California; and
WHEREAS, such a system has been ph."d arid the feasibility
hereof has been reported upon by WN Engineers, Architects,
lanners, in its report of November 1973, entitled, "North San
liego County Transit Study - Transit Development Plan and
rogram", and
WHEREAS, Operator currently operates a public bus transpon-
ation system in a limited portion af North San Diego County
nd is able and willing to expand same to provide a regional and
nterconnected system as recomendeb in said report; and
WHEREAS, City desires to impleinent such recommendations
Ethin and serving City to the extent it is able to do so, and
I aid thereof desires to contract with Operator pursuant to
zctiom 99288 of the Public Utilities eade of the State of Caiif-
mia €or operator to provide public bus transportation services
aithin the territory of City ("intracity system") and between
Zity and other points in North §an Diego County (intercormunity
system) ; and
both Operator and City view this contracted rela-
:ionship as an interim step in the eventual establishment of
f transit district within North San Diego County as envisaged in
:he above study by VTN Engineers, Architects and Planners;
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environmental studies, and any other items which may be necessary f,
or appropriate to provide such public bus transportation senc Aces
and City shall only be liable therefor as is expressly set forth
in Section #6 below.
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I Operator agrees to set such fares as the City CounciP of
City may be resolukion establish f~r passengers embarking within
territory of City.
for any passenger, regardless of paint of embarkation, transfers
Operator agrees to provide fxee of charge,
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lNALD E. NULL
ITY ATTORNEY
CCAYSIDZ. CALI*. 3.71 Y. WCVADA
-LCPYO*C 7aa-0271
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Section 3. ADVERTISING
.- Operator shall have complete control over the sakof all
advertising on any of the buses operated anywhere in the North
(2)
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NOW, THEREFORE, the parties hereto agree as follows:
Section 1,
Operator hereby agrees to provide public bus transportation
PUBLIC BUS TRANSPOR!TATION SYSTEM
services within the territory of City and to points outside of
City for the benefit of citizens of and visitors to City, upon
routes, during the times and upon the schedules set forth on
Exhibit "A", attached hereto and incorporated herein as if set
forth in full,! Such services shall be provided by.means of buses
marked and identified "North County Transportation System".
Operator shall provide, at its own expense, all personnel. and
their wages, salaries and employee benefits , equipment (including
all necessary buses for regular use for the intracity system)
property facilities, bus stop signs
insurance, administration, accounting marketing, arequired
operations and maintenance,
I Section 2. FARES AND TRANSFERS
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intercommunity system, so long as such individual continues to
travel away from his point of mbarkation.
be valid and usable €or a period of not more than three hours
from the time of issuance.
Said transfers shall
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DNALD E. NULL
3TY ATTORNEY
xeAmsim. CALIF. 321 Y. ULVIOI
KLCLHONL 722-8271
County Transportation System, provided however, that City shall
have the right to make use of any advertising space not under
contract on any buses regularly utilized in the intracity system,
free for any advertising deemed reasonable by the City Manager in
promoting community interests .
Section 4. BUS STOPS
Specific bus stops on all routes in the vicinity of route
crossings and in heavily travelled commercial areas shall be
established by agreement of Operator’s Transportation Manager and
City’s Director of Public Works. Operator shall furnish and City
shall install appropriate bus stop signs marking such locations
and City shall mark curbing appropriately for purposes of identi-
fying such stops. At all other prtfons of the system, buses
shall stop at safe and convenient places for persons desiring
to einbark Lr disembark.
Section 5. MAFXETING AND PROMOTION
Operator shall furnish marketing and promotion services
aithin City as approved by the City Manager of City, including,
Dut not limited to, supplies of route maps and time schedules of
the entire ~orth County Transportation System for distribution
public. the
Section 6. FINANCING
(a) For the intracity service p-Dvided herein, Operator
;hall receive as and ~OE compensatfan an amount equal to:
(i) the total number of hours which each individual
bus is operated within the territory of City,
(ii) plus the total number of hours of necessary dead-
head and sign on-of€ time incurred by drivers rendering such
intracity service 8
(iii) and then multiplying the sum of (i) and (ii)
hove by the cost of operation and maintenance per hour (“cost
3er hour”).
(3)
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ON ALD E. NULL
CITY ATTORNEY
111 N. NCVIDI OCEANSIOC. CILIC. -CLCCIomE 721-1271
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(b) For the intercommunity or corridor line service providec
herein, Operator shall receive as and for compensation an amunt
equal to:
(i) the total number of hours each individual corridor
line bus which is operated within the territory of City is
operated in the entire corridor line,
(ii) plus the total number of hours of necessary dead-
head and sign on-off time incurred by drivers rendering suck
corridor line service,
(iii) and then multiplying the sum of (i) and (ii)
above by the cost per hour, and
(iv) then multiplying the result of (i), (ii) and (iii
above by the City percentage of each corri6or line ["City
percentage") .
(c) The "Cost per hours* shall be based upon all actual costs
If operation, maintenance and marketing f6curred in the operation
If the North County Transportation System as set forth in Exhibit
B", attached hereto and incorporated herein as if set forth in
ull.
orth in Exhibit wB1' and shall continue at such rate until modi-
ied as hereinafter in this agreement provided,
entage" of each corridor line is determined by dividing the total
mber of miles for a corridor line within the territory of City
y the total number of miles of the entrEre ccxridur line, and
ultiplying the result thereof by 100,
The "cost per hour" is hereby established at the amount set
The "City
(d) Fare Box Revenues.
(i) Intracity Service.
All fare box revenues collected within the texritoq
of City upon intracity lines (presently lines ~0~s. 20,
21 and 22) shall be paid to and retained by the Operator
and credited against the total amount to be paid to
Operator pursuant to subsection (a) above.
(ii) Intercommunity Service.
The total fare box revenues collected in the entiree
(4) ::
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ONALD C NULL
311 n. nev.oa -xeamsoC. CALIF. cLe-e 722-8271
21 TY ATTORNEY
( 1 0 of' each corridor line
the territory of the City multiplied by the city per-
centage of each such line shall be paid to and re-
tained by the operator and credited against the total .amount to be paid to operator pursuant to subsection
(b) above. The difference between the sum of the amounts Operator
ch operates within ye
(e) 5
is to receive pursuant to subsections (a) and (b)
and the amom
credited thereto pursuant to subsection (d) (i) and (ii) shall be
?aid from City's apportionment of the LTF monies, and Operator is
iereby authorized to include the claim of City within its claim
to its apportionment from such fund, provided, however, that such
zlaim must be approved .by the City Manager of City. prior to filing
rhe amount permitted to be claimed shall be determined on the basi
If estimates of costs and revenues, such as is set forth on Exhibi
'B" for the 1975-76 fiscal year. However, after the close of each
Iiscal year, and after termination of this agreement, the acttiai
mount received by Operator and revenues credited against same
;hall be determined, and adjustments in the amount of claims to
:ityts apportionment to the LTF monies shall be made in order
hat the ultimate amount actually received and retained by Operato
:or each fiscal year or other openrating period from all revenues
lescribed in subsections (d) (i) and (ii) and pursuant to this
ubsection, shall not exceed the amaunt properly receivable by
iperatcr in accordance with subsectbns (a) and (b).
(f) In the event that the City allocation of LTF monies
ursuant to the Act is not sufficient to pay the amount required
ursuant to subsection (e), City hereby agrees that it will modify
he mount of services to be rendered hereunder by Operator, QT
gree to pay the required amount for continuance of the level of
ervices desired from sources other than those described in sub-
ections (a) (i) and (ii) and (e),
Section 7. REPORTS.
Operator shall make available to City fox inspection copies
f all applications to UMTA and all reports, audits, budgets,
inmcial statements and other documents submitted ko the trans-
Drtation planning agency designated pursuant to the Act (CPO),
(5)
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Operator shall also furnish City with quarterly and annual written
reports of costs and revenues of each and every individual local
and intercommunity route throughout the entire North County
Transportation System.
Section 8. ADDITIONS, DELETIONS AND MODIFICATIONS
. Additions, deletions or modifications of any of the following
matters:
(a) routes,
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(b) hours of operation,
(c) schedules ,
(d) transfer rights,
(e)
(f) cost per hour, and
numbers and types of busesF
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(9) financing arrangements
may be made and placed into effect upon approval thereof by the
City Managers of both Operator and City ff any such additions,
deletions OF modifications have not been disapproved of by either
of the City Councils of either party hereto within fifteen (15)
days after written notice thereof has been mailed or personally
delivered to each member of each respective City Council,
other additions, deletions or modifications 05 the Narth County
Transportation System and this agreement, and those disapproved
of by either City Council may be made and placed into effect only
upon amendment to this agreement approved by each respective city.
Council. Operator’s City Manager shall agree to make all K~~SOXP-
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-NALD E. NULL
ZITV ATTORNEY
321 M. MLV4OA QCLAMSIOE. CALIF.
CLLPMOML 722-8271
Section 9. INDEPENDENT CONTRACTOR
Operator shall perform its obligations pursuant to this
Agreement as an independent contractor, and not as an agent or
employee of City .
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3NALD E. NULL
ZITY ATTORNEY
321 N. NEVIOA
XCAMIIOC. CAUC. ¶LCc*oMC 721-0171
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Section 10. HOLD HARMLESS
City, its agents, officers and employees shall not be liab
for any claims, liabilities, penalties, fines, or for any damag
to goods, properties or effects of any person whatsoever, nor fo
personal injuries to or death of them, or any of them, caused
by or resulting from or claimed to have been caused by or result
from any act or omission of Operator, or its agents, officers or
employees; and Operator agrees to indemnify and save free and
harmless City and its agents, officers and employees against any
of the foregoing liabilities and claims therefor, and any cost
and expense that is insured
therefor.
by City on account of any claim
Section 11. INSURANCE
Operator shall carry and maintain in full force effect
throughout the term of this Agreement, a public liability insur
pol-icy with a limit of coverage of not less than Five Mil.iion
Dollars ($5,000,000) naming City a8 co-insuredr and a copy of
such policy or binder shall be filed with the City Clerk of City
before commencement of rendition of services hereunder- Operator
also agrees to secure and maintain during the tem of this Agree-
ment Worhen's Compensation insurance covering all empIoyees of
Qperator employed in the rendition of services hereunder, and
shall furnish City with certificates evidencing that such insu,x-
mce is in effect.
Section 12. COMPLIANCE WITH LAW
operator agrees that it will comply with all locai, state
and federal. laws and regulations pertaining to the work of any
laborer, workman OK mechanic and will keep accurate records of
the hours and times worked by my such laborer, workman, or
mechanic.
Section 13. PERFORMANCE EXCUSED
City agrees that rendition of the public bus transportation
(7)
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SNALB E. NULL
ITY ATTORNEY
mcEAmnoe. cAiic. LLLPM~~C ~ta-azn
321 Y. YCVAD*
,, i *
services by Operator pursuant to this agreement shall be excused
while and so long as Operator shall be prevented from rendition
thereof due to inability to procure fuel, tires or other necessary
supplies e
Section 14. TERM AND TERMINATION OF AGREEMENT
This agreement shall become effective upon execution by both
parties hereto, and shall extend to the 30th day of June, 1976,
and shall be automatically renewed for an additional one-year
period on that date and upon each succeeding June-30thr without
any further action required by either party hereto unless temci-
nated by either party by written notice given to the other party,
not less than ninety
termination.
days prior "La date of desired
Section 15. ENTTIRONMENTAL CQNSXDERA'i"i0N
Operator is hereby designated as the Lead Agency as that term
is defined in the "Guidelines for Implementation of the Ca1ifoGi.a
Environmental Quality Act of 1970, as amended December 17, 1973fr
(Chapter 3 of Division 6 of Title 14 of the California Administra-
tive Code, commencing with Section 150OQ)m Operator, as Lead
Agencyf shall take 311 steps, make all studies and. perform all
requirements necessary to comply fully with the Envirdnmental
Quality Act of 1970 (Division 13 of the Rubfic Resources Code),
as amended and as may hereafter be amended.
studies, reports, evaluations, and other dsrcurnents produced in
Copies of all actions,
connection with Operator's duties pursuant to this section shall
be furnished to City.
Section 16. NOTICES
All notices, filings, and other COIrUnmiCatiOnS to be made by
either party hereto to the other party shall. be made as follows:
OPERATOR
' City Manager City of Oceanside 321 North Nevada Oceanside, CA 92054
CITY -
City Manager City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 92008
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DNALQ E NULL
ZITY ATTORNEY
SZj N. NEVADA 9CLANSIDE. CALIF.
ELLC*ONL 7fl-8171
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove
mentioned.
APPROVEID AS TO FORM:
CITY OF OCEANSIDE
BY
Mayor
BY
Clerk
Charles R. Revlett
Assistant City Attorney
B
WPROVED AS TO FORM:
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