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HomeMy WebLinkAboutReso 102-1998 RESOLUTION NO. 102-98 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO IMPLEMENT RAIL-SHUTTLE SERVICE PROGRAMS FOR EAST OF 101 AREA WHEREAS, the City desires to enter into an agreement with the Peninsula Corridor Joint Powers Board ("JPB") for the provision of shuttle and transportation services in the East of 101 area, and WHEREAS, the City desires to enter into two agreements with the Multi-City Transportation Management Agency ("MTSMA") in order to implement the agreement with the JPB, and WHEREAS, the City anticipates entering into additional agreements with agencies including, but not limited to, MTSMA in order to provide transportation services pursuant to the agreement with the JPB. NOW, 1. THEREFORE, the City Council does hereby resolve as follows: The City Manager is authorized to execute the agreement with the JPB, attached hereto as Exhibit A, related to the provision of rail-shuttle transportation services in the East of 101 area of the City. The City Manager is authorized to execute the two agreements with MTSMA, attached hereto as Exhibit B, related to the Oyster Point Marina Plaza and Utah/Littlefield Shuttle Programs. The City Manager is authorized to execute additional agreements with MTSMA or other agencies in order to provide additional transportation services within the City pursuant to the agreement with the JPB. 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 special meeting held on the llth day of August , 1998 by the following vote: AYES: Councilmembers James L. Datzman, Joseph A. Fernekes, Karyl Matsumoto, John R. Penna and Mayor Eugene R. Mullin NOES: None ABSTAIN: None ABSENT: None ATTEST: J:\WPDVVlNRSW~405\O 1LKESOX, AUG98WITSMA. 805 EXHIBIT A TO RESOLUTION NO, 102-98 AGREEMENT CONCERNING MANAGEMENT OF THE UTAH/GRAND SHUTTLE PROGRAM THIS AGREEMENT, dated ,1998, by and between THE CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("City"), and THE MULTI-CITY TSM AGENCY ("MTSMA"), a joint powers agency, is made with reference to the following facts: A. The Utah/Grand Shuttle service is a valuable resource to employers in the South San Francisco area. There is relatively little transit service to the area and many of the employees in the South San Francisco area are dependent on public transit as their primary commute mode. B. Toshiba MRI has been acting as the lead employer for the Utah/Grand Shuttle. In such capacity, Toshiba MRI has served as the fiscal agent, grant recipient, manager of shuttle logistics and coordinated the efforts of the participating employers. C. MTSMA has proposed that primary management responsibility for operation of the Utah/Grand Shuttle service be transferred from Toshiba MRI to MTSMA in order to utilize MTSMA's personnel resources and expertise in commute alternative programs. MTSMA further proposed that the City assume the role of lead employer and fiscal agent. D. The City Council of the City of South San Francisco has determined that the purposes and objectives of the Utah/Grand Shuttle program can best be served by transferring primary management responsibility to MTSMA and transferring the fiscal agent role to the City, thereby establishing a cooperative arrangement between the City and MTSMA to increase ridership and effectively operate the Program. NOW, THEREFORE, the parties agree as follows: 1. Effective MTSMA will assume primary responsibility for managing the Utah/Grand Shuttle program. MTSMA will handle all billing, promotion, grant reporting and logistical maintenance for the Utah/Grand Shuttle program, including the following specific responsibilities: (a) Billing and Contract Maintenance: (1) (2) (3) (4) (5) Collect and compile ridership data from the shuttle vendor Invoice participating employers on a quarterly basis Develop a simplified Consortium Agreement for participating employers Maintain a billing database Maintain up-to-date contract and certificate of insurance files Co) Grant Reporting and Applications: (1) Submit monthly ridership reports to funding agencies (2) Submit all other grant reports to funding agencies as called for in grant agreements. (3) Assist City in reapplying for grant funds in future years. (c) Shuttle Promotion: (1) Solicit new employer involvement in the Utah/Grand Shuttle program (2) Promote ridership from existing participants. (d) Logistical Maintenance: (1) Conduct periodic meetings for participating employers to discuss improvements to the shuttle program and address other TDM issues. (2) COordinate shuttle schedule adjustments with participating employers and shuttle providers. (3) Coordinate the inclusion of new participants into the shuttle program. (e) Ridership Maintenance: (1) Conduct periodic ridership surveys and on-board checks. (2) Assume the point of contact and problem solving roll for shuttle riders. (0 Consensus Building: (1) MTSMA agrees to form a steering committee with representatives from Toshiba MRI and City in order to discuss and build consensus on issues affecting the Utah/Grand Shuttle program. 2. The City of South San Francisco will assume the following responsibilities in connection with the operation of the Utah/Grand Shuttle program: (a) City will assume the fiscal agent roll for the Utah/Grand Shuttle program and maintain all accounting responsibility for the Program. (b) City will receive and deposit all moneys collected fi'om SamTrans/JPB and reimbursements fi.om participating employers. (c) City will be responsible for payment of shuttle operating fees to the chosen shuttle vendor. (d) City will prepare and submit quarterly financial summary reports to SamTrans/JPB. (e) City will cooperate with MTSMA in the preparation of grant applications for continuance of shuttle funding. (0 City will assist MTSMA and participate in the shuttle marketing efforts. (g) City will be responsible for entering into the grant agreements for shuttle funding with SamTrans/JPB. (h) The City agrees to assign a representative to serve on the proposed shuttle steering committee with MTSMA and Toshiba MRI in order to see that the provisions contained in this proposal are effectively and efficiently carried out. 4. Neither City nor any officer or employee of City shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MTSMA in the performance of their duties and responsibilities under this Agreement. Pursuant to Government Code Section 895.4, MTSMA shall fully indemnify and hold City harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MTSMA in the performance of their duties and responsibilities under this Agreement. 5. Neither MTSMA nor any officer or employee of MTSMA shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City in the performance of their duties and responsibilities under this Agreement. Pursuant to Government Code Section 895.4, City shall fully indemnify and hold MTSMA harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City in the performance of their duties and responsibilities under this agreement. 7. This Agreement shall remain in effect until terminated by either party giving not less than sixty (60) days written notice of termination to the other party. IN WITNESS WHEREOF, the parties have executed the Agreement the day and year first above written. THE CITY OF SOUTH SAN FRANCISCO By: City Manager MULTI-CITY TSM AGENCY Approved as to form: Attest: City Clerk By: ~/J By: ~~k''- !.ty Attorney ~xlc ltive Director EXHIBIT B TO RESOLUTION NO. 102-98 AGREEMENT CONCERNING MANAGEMENT OF THE OYSTER POINT SHUTTLE PROGRAM THIS AGREEMENT, dated ,1998, by and between THE CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("City"), and THE MULTI-CITY TSM AGENCY ("MTSMA"), a joint powers agency, is made with reference to the following facts: A. The Oyster Point Shuttle service is a valuable resource to employers in the South San Francisco area. There is relatively little transit service to the area and many of the employees in the South San Francisco area are dependent on public transit as their primary commute mode. B. Oyster Point Marina Plaza has been acting as the lead employer for the Oyster Point Shuttle. In such capacity, Oyster Point Marina Plaza has served as the fiscal agent, grant recipient, manager of shuttle logistics and coordinated the efforts of the participating employers. C. MTSMA has proposed that primary management responsibility for operation of the Oyster Point Shuttle service be transferred from Oyster Point Marina Plaza to MTSMA in order to utilize MTSMA's personnel resources and expertise in commute alternative programs. MTSMA further proposed that the City assume the role of lead employer and fiscal agent. D. The City Council of the City of South San Francisco has determined that the purposes and objectives of the Oyster Point Shuttle program can best be served by transferring primary management responsibility to MTSMA and transferring the fiscal agent role to the City, thereby establishing a cooperative arrangement between the City and MTSMA to increase ridership and effectively operate the Program. NOW, THEREFORE, the parties agree as follows: 1. Effective MTSMA will assume primary responsibility for managing the Oyster Point Shuttle program. MTSMA will handle all billing, promotion, grant reporting and logistical maintenance for the Oyster Point Shuttle program, including the following specific responsibilities: (a) Billing and Contract Maintenance: (1) (3) (4) Collect and compile ridership data from the shuttle vendor Invoice participating employers on a quarterly basis Develop a simplified Consortium Agreement for participating employers Maintain a billing database Maintain up-to-date contract and certificate of insurance files Grant Reporting and Applications: (1) Submit monthly ridership reports to funding agencies (2) Submit all other grant reports to funding agencies as called for in grant agreements. (3) Assist City in reapplying for grant funds in future years. (c) Shuttle Promotion: (1) Solicit new employer involvement in the Oyster Point Shuttle program (2) Promote ridership from existing participants. (d) Logistical Maintenance: (1) Conduct periodic meetings for participating employers to discuss improvements to the shuttle program and address other TDM issues. (2) Coordinate shuttle schedule adjustments with participating employers and shuttle providers. (3) Coordinate the inclusion of new participants into the shuttle program. (e) Ridership Maintenance: (1) Conduct periodic ridership surveys and on-board checks. (2) Assume the point of contact and problem solving roll for shuttle riders. (0 Consensus Building: (1) MTSMA agrees to form a steering committee with representatives from Oyster Point Marina Plaza, Imatron and City in order to discuss and build consensus on issues affecting the Oyster Point Shuttle program. 2. The City of South San Francisco will assume the following responsibilities in connection with the operation of the Oyster Point Shuttle program: (a) City will assume the fiscal agent roll for the Oyster Point Shuttle program and maintain all accounting responsibility for the Program. (b) City will receive and deposit all moneys collected from SamTrans/JPB and reimbursements from participating employers. (c) City will be responsible for payment of shuttle operating fees to the chosen shuttle vendor. (d) City will prepare and submit quarterly financial summary reports to SamTrans/JPB. (e) City will cooperate with MTSMA in the preparation of grant applications for continuance of shuttle funding. (f) City will assist MTSMA and participate in the shuttle marketing efforts. (g) City will be responsible for entering into the grant agreements for shuttle fimding with SamTrans/JPB. (h) The City agrees to assign a representative to serve on the proposed shuttle steering committee with MTSMA, Oyster Point Marina Plaza and Imatron in order to see that the provisions contained in this proposal are effectively and efficiently carried out. 4. Neither City nor any officer or employee of City shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MTSMA in the performance of their duties and responsibilities under this Agreement. Pursuant to Government Code Section 895.4, MTSMA shall fully indemnify and hold City harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MTSMA in the performance of their duties and responsibilities under this Agreement. 5. Neither MTSMA nor any officer or employee of MTSMA shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City in the performance of their duties and responsibilities under this Agreement. Pursuant to Government Code Section 895.4, City shall fully indemnify and hold MTSMA harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City in the performance of their duties and responsibilities under this agreement. 7. This Agreement shall remain in effect until terminated by either party giving not less than sixty (60) days written notice of termination to the other party. IN WITNESS WHEREOF, the parties have executed the Agreement the day and year first above written. THE CITY OF SOUTH SAN FRANCISCO By: City Manager MULTI-CITY TSM AGENCY Attest: By: Approved as to form: By: City Clerk Executive Director EXHIBIT B TO RESOLUTION NO. 102-98 ~ k. ~ity has applied R) flzc ~ for aulfflo£izstim2 ~ ol~eelrA a ihtmle bm ~ice NOW, ~O~. m ¢omi~ti~ ~f ~, ~go~. ~ p~ a~ as fo~ow~: S~2. ~ Sm ~, CalR~, ~ ~e rotc a~ ~ ~ map am~ to thi~ Ag~n~m as ~k A, ~ ~t W ~e s~e ~chM tO ~s ~nt ~ ~bit B. ~Ci~. { ~. C{W ~~i~. Ct~ $~a ~ ~te or ~ for ~ op~ation of and ~ e~li~ _J , 3. M~imum ~~on: ~ent. ~ ~B's ~ ~b~On (wMch ~ ~tion by ~i~a to t 17;00 ~AMT~$ PLAnNinG T~L:I 415 $0~ 637~ DRAFT arrangement wry3 au Ol:~ralor in place ~o operate the Shuule. will o~ur ~ ~M~ lO, 1~98. 'l~c s~on~ pay~ut ~ TM ~B will ~y ~ ~r ~ z~ ~ ~ve ~n p~vided. ~~ fur pa~ of ~ al~d ~l coso i~ ~ CiW of~/PB's ~ ~b~io, ~ c~li~ ~rcin for ~y ~on w~v~. 4. ~,,dir ~u~m. Pot t~ du~tion ~ this A~, ~ for a ~ of M~c~ D~cg ('D~%), or ~ i~fl~n~ auditor ~1~ ~ ei~ or ~ of ~m, ~1 t~ rc~ ~ Ci~'s panici~tion m ~e ~O~m i~l~ins, ~I ~ Of ~ipis ~ ex~i~s, promp~y upon ts ~ eff~t. Cit~, ~ sub~r ~ ~B ~ ~ra:ion~ ~n, ~ch shah i~ludc, at ~ minimum. h~rs. ~cles m ~, ~ ~s, a~i~u~ ~ ~ O~ ~ ~ tO a~t ~ ~. ~f~of~m.~o~l~~dby~. W~~n(l~sof In ad~iCi,}n. Ci~ sl~ll condu~ a ridergbip surv~ dur~g d~ mm of dis Agr~e~. w~ s.~ey ~jl incl., ut a mi~m, (a) tim ~e of ravel prior to ~) f~y of ~, (c) one ~ay or roam trip usaSe. (d) le~ (~leal of ~ ~d7 ~ ~oa ~ ~, ~ i~ sole ~on. my i~ ~s~O~ ~ ~t m~ ~- 90:II flH£ 86-£[-0fl~ 17:0t $IMTRA~S PMI~I~I~§ TEl,:] 415 508 6373 17:o3 DRAFT ~ pa~d or ~ ~ i~,qff~s ~ ~B. ~ Di~ct ~d ~ Tf~mtion Fu~ for CI~ ~ ~ ~d~ p~ ~o~ ~ s~ge ~ ~pm~ by ~ ~8 ~ usc. sunup, o~ limi~ ~ of ~ua~ ~h~e ~o~c, ~fl coD~g n~ dam. Such ~ ~ s~: ~ for ~ ~ p~o~ s~ifi~ ~ ~ ~! not co~6mte approval C~ s~l ~ ~~ for ~1 ~ ~ls. tO. p~.ueager ~om,-~. Ci~. ot ici conu'acmt ;l~all refer any passenger comments and/o~ complm~ to be JPB/CalTrain mil flee mmtber ~t the ~ of each Shuule sr. Aedule. unless otherv, ise insm~tel. All eon~mcc reports given tO tlz City or it~ con~ractor must be :~tme~ ~e: twe~ ~0) ~ys. il. T.T. ig~. TI~ ~ o[ ~ A~reemenz sl~tI1 bt for six (~ pa~ ~ ~se by ~ ~ (30) days ~ wfi~ ~t~ to ~o~fl~ ~w. i ~ m~ ~' ~ A~ ~y ~ ~d~ m e~ ~ ~ a~ it ~ ~t~ tO g~nt or ~lnt~ to Ci~ a~ ~g~ ~ ~ exmm~. I2 Lademnifi~tjon, Ci? $~ii imtemniey, keep a~ ~e h~l~s ~ ~. ~e San of~ ~. ~ Da~ct, ~ N~ ~ ~ C~~ ('~") rosy o~, or ~t ~y ~ ~ ~o ~ave o~. m ~ ~ ~. ~ ~t ~ ~on of Ci~ or its ~I~, ;on~mo. mp~v~ ~ ~en~. Exc~ m ~e event of sole ncgligen~ O~ C~ ~ a~ W fle~ ~y ~ all Su~ a~iom. ~i~ l~ys and fll p~er eom ~ e~ ~g ~cf~ or t~~ of ~ A~t. P. O04 I3. ~~. work. C~ ~J i~e ~ ~r~m a~ m~~ of ~ ~ ~ ~ su~a~r~ ~ag~ ~ pro,sion of ~ Shu~c. ~ Pa~ Co~agon ('~M~'), ~ S~a Clara C~n~ T~it ~E~I. ~ C~ ~ Co~ty of ~an ~o, t~ ~ Ma~ C~n~ Tr~it ~ct gic Di~a a~ jo~tly or (1) Co~ ~rg ~bUi~ ~ pmvid~ b~ily ieju~ ~c~cc or c~ ~ a g~a a~cgarc l~I Of at 1~I $}.~.~0- ~ ~ Cov~ ~ ~~ provis~ c~m~d a ~Js A~nI; p~u~ ~ completed p~ ~e ~ a ~mb~ ~le .t~t ~ at ~t ~,~.~ ~h ~ m claim. P 00~ Prior to ~~i~ Sbutllc service, Citlt shall file ~nd sl~ll r(xluire meit contr~cto~ to file z C~ifie. ate(s) of Ia~r~ee wit~ th~ Asslst~t to the F. xc~dva Dizccior of the JPB evidenci.lg the r~luited coverage and c~o~(s) aiXl. UIx~ req~st, a certified duplicate ori.~,ina, of any of tllOSe policies. Said C. enifleam(s) sh~l! stip~q~te: (I) 1'~ ivsura~e ~:~mpamy(ies) ~uing su~ poii~(ies) sl~l! give writ~l DO,Ce tO ti~ Assistant to the ~cecutive Director of ~ JPB of ~ material ~lt~r~tion. ur mduclion i~ ~-81~ limiis, il'luch limits al~I¥. ~1 Im~vide at least thirty (30) etays' nodcc flf c~ccll~ttoa or modi~csrio~ LO:II flH£ ~6-£I-9fl~ A~u-~k, r. ha Ci San Marco Col DRAFT y ~ C0uYriy Of San lUrsimeisco, ihe Sm CI~ C~y Tr~ll O~k[. ~e (~) ~ ~ sh~l ~so ~puiate: ~Ius~on of ~ ~B, ~ Cky ~ Cou~ of ~n ?r~s~. ~ ~ta Cl~d Co~ T~k Dis:n~, ~c ~ Ma~ Co~ ,'ish~ of su~ ~difional ~u~ ~ ~pccZs ~ ~ay cla~. d~, ~it ~ j~d~nt ~. hr~ghI ~ ~~ aga~t ~ City, a ~ p~t ~ a ~ s~ ~' ~S ~u~ a ~ra~ ~'s ~i~li~ u set f~ ~ ~ ~ioy ~ ~ ~ ur ~ S~ or ~ w~h ~ ~ ~ ~ ~ ~n liable R' o~ o~ ~ ~6 ~ ua~ as 'Ihc inaunur, e uelicyii~S) shall be wriUen by a,~ iusuran~ c. omp~uy or companies accel~tablc to IPR_ Such insura~ company shah bi: au~Otizcd in ~e ~m of C gifo~. o~ o[ ~ ~e ~ ~ a r~~, Ci~ m~ oba~ ~ a c~y of~ ~t~ of~m~ of ea~h co~ prior ~ ~ c~or's la. ~. Any ~ce, ~o~, rc~st, reliction or ~$ ~~t ~ill ~ in ~finS a~d delive~ in pesO. ~ a ~s4,d a~ follows; If to If to City: Peninsula Conidor ;oint Pow:rs Board 1250 $~o Carlos Avenue San Carlos, CA 04070 Atm~ndou: Plaanlag e3w,,.3.t P. O06 H0:TI ~H~ A)G.-ll' 98~TiJD IT:03 $t~TRA~4$ FLAt~II~G T£L:!... 415 508 63;3 ?. DO? DRAFT Attent~n: tS. ,L~.A-',encx. City sck~,,Aedges l~ut ~t ~ b~ ~t~ ~ ~ ~ shall o~t~ ~y ~ ~ ~t~n of ~ ~Ix~e ~ ~ovi~ ~ 2~ C~ f~ial S~. Ci~ may ~k ~~te co~i~a~ ~Om panici~ting ~nci~ for ~~t 16. ~. ~ ~ Ci~ ~ ~ d~m~ o~ or more ~o~ ~ ~t U JPB Laa'on: City's L~son' Juon Mtmlm~ (6;~0) 508-6~8 18- A~ni~ew' Pees. In the evcm lc§al proccedi,~$ are 19. ~~. ~~Of ~v~ ~ C~S to ~r ~ploy~ un~r ~ ~C ~01T~. Nothiu~ ~lo~ ~Co~ ~n ~ ~B ~ CiV. 20. ~~. T'-uim A~Ix'~ racy be extorted Lu ~ts, ~ of wi~hch ~ball bc dccmcd an on.hal, but nil of wbj~ together shall ~ bt~ one A{zeem~t I 6 .... ~3~33. q A123 -l]~ 9N{TU£} 17=04 SA~R4NS PLANNING TEL=! 41S SON 6373 P. OON ~nn~ IN ~ '~-I'~.oREOP. tl~ tnu'tie$ ~ve exactlt~ tl~ A~,.~nl on ~ da~e I'u'~l w~tl~n 'ahow ~kh rl~ inte~ to be legally bound. POWLCR$ I~OARD CCtv OF $OUTIt $A1~ 'PltA,~CISCO By; I_ By: Nm~: 1 " Name: ..... 1~: I I~: APPRO~ A~ TO lrORlVl APPROVED AS TO FORM Ci~ Attorney 9I/~I'd I~ IgE OIg 'ON XVH 'A]IS~OVHIH'HAVN'SHHAHD 80:[1 flH£ ~6-£1-9flV