HomeMy WebLinkAboutOmnitrans-2011-08 Agreement between City of Grand Terrace and Omnitrans for one-time funding for
a College Free Pass pilot program for 2011-2012 Academic Year.
Contract No. GTC-2011�/ 08
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This agreement is made and entered into this day of_ _4 2011, by and
between Omnitrans, 1700 W. Fifth Street, San Bernardino, CA 94244441 and the City of
Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313 referred to as the CITY.
RECITALS:
WHEREAS, CITY desires to reduce air pollution and traffic congestion in the CITY by
decreasing automobile trips and promoting the use of public transportation and;
WHEREAS, OMNITRANS provides public transportation service throughout San
Bernardino County including trips to Grafton Hills College, California State University
San Bernardino and San Bernardino Valley College using clean burning compressed
natural gas vehicles which eliminate vehicles from roads and;
WHEREAS, OMNITRANS proposes a one-time donation for a College Free Pass pilot
program for free bus rides for all students residing in Grand Terrace on the Omnitrans
commuter bus routes servicing three campuses, Crafton Hills College, California State
University San Bernardino and San Bernardino Valley College.
WHEREAS, CITY agrees to participate in the College Free Pass pilot program by
providing $5,775.00 for 385 students to partially subsidize Grand Terrace student's bus
fares during the program period.
ARTICLE 1. STATEMENT OF WORK AND PAYMENT
A City agrees to provide Omnitrans with a one-time amount of $5,775.00 to be
used to fund a portion of the College Free Pass pilot program sponsored by
Omnitrans and payable upon receipt of invoice from Omnitrans.
B. Omnitrans shall allow Grand Terrace students who provide a current valid
College Identification Card to ride all of Omnitrans fixed route and commuter
services at no charge commencing August 15, 2011 and ending June 30, 2012.
This shall not apply to Access Dial—A-Ride services.
C. Omnitrans shall promote this program to Grand Terrace students to encourage
usage.
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ARTICLE 2. REPORTS
At the conclusion of the program, Omnitrans shall provide CITY with a report
summarizing usage and success of the program for use by CITY in reporting use of
AB 2766 funds.
ARTICLE 3, INDEPENDENT CONTRACTOR
CITY is an independent contractor and not a beneficiary or employee of Omnitrans
within the meaning of any Workers' Compensation law, or any law which would
entitle benefits arising out of any state or federal unemployment or old age fund or
similar law, or any right to privilege extended by Omnitrans to its employees. CITY
has no power to bind Omnitrans, by contract of otherwise except as herein provided
by the sale of public transportation.
Omnitrans is an independent contractor and not a beneficiary or employee of CITY
within the meaning of any Workers' Compensation law, or any law which would
entitle benefits arising out of any state or federal unemployment or old age fund or
similar law, or any right to privilege extended by CITY to its employees. Omnitrans
has no power to bind CITY, by contract of otherwise except as herein provided by the
sale of public transportation
ARTICLE 4, INDEMNITY
Omnitrans shall defend, indemnify and hold CITY, its officers, agents, and employees
harmless from and against any and all liabilities, loss expense (including reasonable
attorneys' fees), or claims for injury or damage arising out of the performance of this
Agreement but only in proportion to and to the extent such liability, loss, expense,
attorneys' fees, or claims for injury or damage are caused by or result from the
negligent or intentional acts of omissions of Omnitrans, its officers, agents, or
employees.
City shall defend, indemnify and hold Omnitrans, its officers, agents, and employees
harmless from and against any and all liabilities, loss expense (including reasonable
attorneys' fees), or claims for injury or damage arising out of the performance of this
Agreement but only in proportion to and to the extent such liability, loss, expense,
attorneys' fees, or claims for injury or damage are caused by or result from the
negligent or intentional acts of omissions of City, its officers, agents, or employees.
ARTICLE 5, INSPECTION OF RECORDS
Omnitrans shall permit the authorized representative of CITY, during reasonable
hours, to examine, inspect and audit all records and accounts pertaining to the
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College Free Pass pilot program and this Agreement. Omnitrans shall make such
items readily accessible to CITY during Omnitrans performance hereunder and for a
period of four(4) years from the end of the program by CITY hereunder.
ARTICLE 6. DEFAULT
In the event that Omnitrans does not receive the necessary funding from all
participating jurisdictions before service begins, the program shall be cancelled and
any funds received from CITY shall be returned in full.
ARTICLE 7. MODIFICATION
No modification of this agreement shall be effective unless made in writing and
signed by both parties.
ARTICLE 8. TERMS
This Agreement shall be effective upon execution and shall continue in effect until
June 30, 2012.
ARTICLE 9. NOTIFICATION
All notices hereunder and communications with respect to this Agreement shall be
effective upon the mailing thereof by registered or certified mail, return receipt
requested, postage prepaid, and addressed as follows.
To CITY: To Omnitrans:
City of Grand Terrace 1700 W. Fifth Street
22795 Barton Road San Bernardino, CA 92411
Grand Terrace, CA 92313 Attention: Wendy Williams
Attention: Richard Shields Director of Marketing
Public Works Dept. (909) 379-7151
909-825-3825
ARTICLE 10. COMPLETE AGREEMENT
This Agreement and documents incorporated herein constitute the complete and
exclusive statement of the terms of the Agreement between Omnitrans and CITY and
it superseded all prior representations, understandings, and communications. The
invalidity in whole or in part to insist in any one or more instances upon the
performance of any term or terms of this Agreement shall not be construed as a
waiver of relinquishment of Omnitrans' right to such performance or to future
performance of such a term or terms, and CITY'S obligation to respect thereto shall
continue in full force and effect.
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ARTICLE 11, GOVERNING LAW AND VENUE
The law of the State of California, without regard to any conflicts of law provisions,
shall govern any action or claim arising out of this Agreement. The parties agree that
the venue for any action or claim arising out of or related to this Agreement shall be
San Bernardino County. If any action or claim concerning this Agreement is brought
by a third party, the parties agree to use their best efforts to obtain a change of venue
to San Bernardino County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year above written.
CITY OF CND TERRACE OMNITRANS
Watt Stanckiewitz, Mayorayor BY
DATE: //- Z/s-// NAME: , 4/plian.sto
TITLE: CeVIL1
DATE: C-/i/v
APPR VED A TO FORM: APPROVED AS
TO FORM:
BY: BY: Cyer 11-
ity Atto a County C nsel
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