HomeMy WebLinkAboutReso 83-1975RESOLUTION NO. 83-75
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND AUTHORIZING AGREEMENT
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE
SAN MATEO COUNTY TRANSIT DISTRICT RELATING TO
THE OPERATION OF A TRANSIT SYSTEM IN THE CITY
OF SOUTH SAN FRANCISCO.
WHEREAS, the San Mateo County Transit District is a public transit
district with the responsibility and jurisdiction to establish a cOunty-wide
transit system for the purpose of providing transit services throughout the
County of San Mateo, including territory within the incorporated limits of
the cities of the County of San Mateo; and
,
WHEREAS, the City of South San Francisco previously embarked upon a
course of providing transportation services within its city limits prior to
District's formation in January, 1975, andnow City and District desire to
have District assume its appropriate responsibility to establish a county-
wide transit system including territory located within the City in consider-
ation for District's providing funds to City in sufficient amounts to continue
City's transportation services until such time as District is ready, willing
and able to assume full responsibility for providing such services; and
WHEREAS, the City of South San Francisco desires to transfer to District
all of its property and facilities in furtherance of the establishment of
a county-wide transit system which will be of benefit to the City of South
San Francisco; and
WHEREAS, District shall provide funds to City in sufficient amounts to
continue City's operation of transportation services in City until such time
as District shall assume full responsibility for providing such services;
,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco as follows:
That certain agreement entitled, "Agreement Between the San Mateo County
Transit District and the City of South San Francisco," a copy of which is
attached hereto as Exhibit A and the original of which is on file in the
office of the City Clerk, is hereby approved and the city Manager
of the City of South San Francisco is authorized and directed to execute the
same for and on behalf of the City of South San Francisco and City Clerk attest
his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
regular meeting held on the 18th day of June , 19,75 ,
by the following vote'
AYES, COUNCILMEN Richard A. Battaglia, F. Frank Mammini, merry J. Mirri,
and Leo Padreddii
NOES, " None
ABSENT, " Warren Steinkamp
City Clerk
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EXHIBIT A
AC, I~i.';I';H!':t~".[' BI",TWI';I';i'( :i.'liE' ~;AI; I.IA'J'E() COUI"IT'.(
'I'J~AI'" '['L''~'"'" ' "' 'j' T
,..,. ],) .t ,., j. : ~ .'E (, J. Aiil) .]JE' O;[ .¥ ()I" SOUTIt SAN FRAIlCISCO
Tills AC, h[:.E,.,Elil, made aud entered in'bo tills. 18th day of'
June_ , , 19Y5., by .ami be'.bween the SAN I,IATEO 'COUNTY '-...
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TRAI'ISIT DISTRICT, )~erelnafber referred to as "D.Lstrlc'~" and
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tlie CITY OF South San Francisco _, )~erei. nal'~er roi:erred to as
"City",
'W I T N ]'].S S E T-ti.:
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WIIEREAS, District xs a public transit district established
.pu. rsuant to the "San l,lateo Co. unty. Transi% District Act"
(Chapter 502 of 1974 legislation)~ comprising Part 15 of
Division 10, cormmencing with'Section 103300 of tile ~ublic
Utilities Code.; and
WjrER~EAS, said Act established District ets the public',
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o
agency ~.tith the responsibility and jurisdiction to establish
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a coun'[;y-v~ide 'bransi'l; system for 'l~he purpose of providing
transit services thr°ughou'b the County of San Mabeo, including
territ6ry wi'tl~in the incorporated limits of the cities of the
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0ou. ntyI Of San Mateo.; .and m
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I'/I1EREAS~ in light of' the responsibility and authority
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of District to provide such a transportation system, District :
is the only public a[sency within the County of San Marco
entitled to make application for and to receive funds from
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the 14etropolitan Transit Commission pursuant to provisions
of the State of CalifOrnia Transit District Act as more
,
part:l, culu. rly provided in the Public Utilities Code, commencing
w:Lth Section 99200; and
WIIER1CAS., .the (:ii;)' prcvlou:;ly e-mbarkcd triton a (:ourse of
provid'in~~, 'transl~orl'.a't::i. on .servl'ce:; wi'l;hi~ its city limits
pr:tot 'bo D:L:; I;r:i.¢:l:' :; .['c,r~natJ. oil iii ,'la~luary 19'/5, :t~d 't)~roug.,il
i .
/ili Imll 'ill
this lt/;reemcltl; ¢:>:ecttt;¢:.¢! l)ttrsttttilt to t}~c l,.~-ox, ls].oits of ti{e
Jo:i.n'~ Ekerclsc o£ Po;.~¢:r:; gc'h (:.;cct:ion:'~ 65(10 ¢_LIZ ~. of the'
Government Codo)~
J.t is I~ow tlic ¢lcsire of 't}le parties
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'.for Dlstr:Lct '[:o assume :kbs api~ro}',riate re:;l~ons:Lbil.Lty, to .
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establi:;l~ a c.ouuty-w.14.(:'tran:;ib system-, ..il~c[kudll'~g tcrr.lt~ry
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'loca-tcd wlthi~, City; and ii~¢i(lcniial 'blmrc. t;o,. it .t:; also the.
parties.' desire 'to tra~sf'cr.from City to 1):LsbrJ. ct all of its
property and £acilities as hereina£tcr described in consider-
ation for Dis'briCt's providing, funds to City in sttfficient
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amounts to continue Cii;y',,; 'bransportation services until" such
time as District :ks rcady~ willing and able 'to assumc full
responsibility for providing such services.
]{OW~ THEREFORE~ in considera'bion of the mutual covenants,
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.terms an.d conditions as .hereina£ter s.et forth, the parties -
hereto do hereby agree as follows:.
1. .Owners_J~ip of I'ro?crty of Transportation Sy::.tcm. "
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Effective Juls' 1~ 1975~. Distric%'sl~all be deemed to be the
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sole and exclusiv.e owner of all t, roperty.~
facilities, equipment
· supplies ~ etc. ~
on E×hibii--"A"
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part hereof.
of .City .as same are more particularly described
attached .hereto a. nd by this reference made a
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2, .Transportation Servicc:;. In consideration of the
above-referrcd-'[;o, transfer of ownersl~ip 'to I.~j. stric'b of City's
transit facilities
OtC. ~
District shall Pay 'to City the sum
of $_ 1.0'0
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';. City shall provide public transportation
services in thc manner and to tl~e extent as more particularly
describcd on Exl~J. bit "B", attached hereto and by this
rcfcrcncc made a part hcrcof~ and/or as may be: subscqucntlY
agreed upon by tl~e ])ar'tics Itereto. In l:Lctt of. City's prov:Ldin6
such s'crvices, Ciby. may contracb w:i.'tl~ a private company for the
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perfol'm~nce of sucl~ transportatJ, on s(~rvices' as described in
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~>:hibit "B". CJ.'l:y may ~o't on'her in'to such a con't;rac'5 wi'th a
party o'bhcr than one I)rc:;cn'bly l)rov:l.d:l.n£; su¢:l~ s.crv.Lcc:; for Clty
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w.ttl~c)tt[; thc con:;(:nt of ]):L:;'tricb. fJ.r.,;I; )~av.l. nf~ 1)eon c~l.i[';a:l.ned.
JliJ iii JJ J I "ii" ! '-iii
City :;l~a].l ],rovlde or cause 'bo be
provided Ins~r~[~]ce covcra(~c as l ol.l.ow.,
· $ ?5,000 - Comprehensive & Co]]~s~on ·
· $l,000,000 -:Public Liability per occurrence Personal Injury
$ 7~,'000 - Property Damage
and City shall cause 'tl~e ])i :; 't ri c't to be named as an additional
insu~'(.'.d 'together ~.;i'bh members of. its ]~oard of Directors and
its office.Ts., employees aud.aGcn'ts against all clai.ns-and
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actions of any kind or nature resulting from or arising out
of the performance of the services h. erein agreed upon. .City
shall fu.~nish District within a reasonable period of ~'ime
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after the execu'~ion of this agreement but' in an5, event before
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July 1, 19?5, %.~i'th a cer~.ificate eviden.cing insurance coverage
as above specified·
· 1[. .Pa,vmen'[;s 'to Ci'[:7. In consideration of City's
proViding the above-described transportation scr'Vic.es or
causing same to be provided in a ma.nner acceptable to the.
District, District. shall make payment to City for fiscal
7ear 19TS-Z6 of an amount not to exceed' the sum of ~..287,220
%.;hich amount was previously approvcd by the Board of Directors
of District on April 23, 1975, as the proper allocation of
funds to City :For said fiscal year 19Y5-T6. The parties
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hereto reserve tile right to adjust or amend the above-
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rc£erredito amoun'b wi'Chin their discretion or good. cause
being shown ther6for. Said amount'-shall be paid on a
quarterly basis.
Term. TI~e 'term of this agreement sl~a].l be from
July l, 1975, %o June 30, 19Y6,
"'6. AccounJ}abilit~,. City shall keep and main'rain .
and accurate records a~d accounts oF all receipts,
expenditures
¢;videnccs of indeb'tedncss and credi'~
Ii I! Iil Ill
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. ,~va:~lablc to
City's bus transih sy:;'t¢:m (.~.ty :.;l~all mal:.c ' "
DistrJ. c't for aud.Lt~n~, and inspection purposes, ;).'b D:[s'triet,s
demand, all sue}) records and accounts. I~ any event, a full
and.comple'bc audi't accep'bab].~: to ])is'trier ;tt'~d to the l.le'tropo'litan
Transpor'[;atio:% Commission :;hall be made on or before :~'he 31ct
day of 'August,.' 1976. DJ.s'g'ric t may~
:[11 /.~. nlatln(:r Or On forms
· C.Lu~ provide it with
acceptable to ])lstricg~ require t))at '" =- ,
reports, records· accounts, data or other in'['ormation relatin[;
to City's management and administration.
City shall also from time to time,, as' 'determined or
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requested by District, give a full accounting Of all receipts
and disbursements of.funds r.cceived' by City from District
and shall also report at times determined or requested by
District upon the scope and extent of services 'rendere~ '.
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during 'such reporting period.
~-. 'Observance of All Laws. In the course of.providing
said services, City shall obey all applicable federal and
s~ate laws and local laws and ordinances. City shall not
discriminate in its emploYment and hiring practices for ·
reasons of race, color, creed, age or'sex or national origin,
and in this respect i't shall adhere to both 'the letter and
spirit of the Federal Civil Rights Act .(;~2 U.S.C. 1981).
8. Termination. .This agreement may be. terminated by
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District for cause as provided in paragraph 10 t~erein' and/or
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upon the giving of 60 days' written notice to Ci.ty prior to
the effective date of such termination.
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9. .Indep_qndent Contractor Status. In the performance
of services )~crcin agreed upon, City .shall ]~ave the sta'tus
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of ~n indepen~.]cn~ contractor and sba-il not be deemed to be
an officer., cmp.l, oycc, or agcn't of ]).[strict.
10. Inabi].:lty. 'to Perform. '/.lie parties ]'~creto s]~all be
excused from performing t;]cir ro:;pectlvc obligations hereunder
the evcn't 'they are prevented from so I~¢:rforming. by rea,Jon
of fire
flood, ear't]~quake~ storm,
oth¢:r acts of God, explosion,
strike, war~ insurrection, rio'[;, acts of any government and/or
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any other causes' similal~ to t]~c foregoihg ¥;]]ich are beyond'th6
control of, and not the :Fault of .tlie party claiming excuse of '
performance hereunder~' provided', howeVer~ '[:]]at tile party
claiming excuse of performance hereunder shall, within five
days after such par'by has notice of such cause, or causes,
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pres.¢nt to the other party %.;ri'bten notice 'of' the facts
constituting, such cause and claiming excuse of performance
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under this paragraph i0..
In the event City'be excused from performing its
obligations hereunder for any of 'the aforesaid reasons,
District may~ at its absolute discretion~ perform all such
obligations itself without liability to City therefor. ..
Other p'rovisions herein to the contrary notwi'thstanding, in the
event City be excused from performi~]g its obligations here-
under for any of the aforesaid reasons~ District shall have
the op. tion. to te~nina.te th~s agreement at any time during.
such perio~ of nonperformance by giving City written notice
thereof not less than seven days prior to the effective date
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of such termination, which effective date shall be set forth
in said notice.
ll. .Notice. I.lritten .notice. provided for herei.n shall
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be deemed given upon personal delivery to the principal
of. lice of each of the par-l~ies hereto or. upon placing same in
the United States maJ. l~ postage prepaid and ~addresscd .to:
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City:
DJ. strict'
City of South San Francisco
City Hall'
'400 Grand Avenue
South San F.rancisc.o, California 94080.
San Mateo County Transit D.istrict
San Mateo County Government Center
603 Hami 1 ton Avenue
Redwood City, California 94063
5.
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]:N WI'L'~tESS.WIIEIIEOF) tile par'ties hereto )rove e×ecuted '
agreement on the day a~)d year £irst above written.
SAN MA'fEO COUNTY TIU~NSIT DISTRICT
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ATTEST:
ATTEST:
Ctm:Lrman~ Boa'rd/of Directors '
CITY OF. SOU,TH SAN FR~~, . ', .''
City Manager
e
m I im) mFm
EXJlIL~IT "A"
1. Seven Transit Coaches - 23-Passenger Diesel, Fleetwood, Inc.
2. Two Large Transit Coaches .(used) - 48-Passenger .
3. Various support equipment for the Buses
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~1$ W BI
EXIIIBIT
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-DESCRIPTIOH QF SYSTEM
The South San Francisco transit sys'~em consists of seven (7) new
transit coaches (23-passenger Fleetwood Crosstowner diesel powered
coaches) and two (2) used transit coaches (48-passenger d.iesel
powered coaches).
The system will consist of four (4) designated routes and will
operate six (6)days a week., l,londay through Fr.iday, the system
Will operate from 6:30 a.m. to 7:30 p.m. On Saturdays, the
system.will operate from 9:00 a.m. to 6:00 p.m.
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