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HomeMy WebLinkAboutContracts & Agreements_38-1973 1 AGREEMENT 2 THIS AGREEMENT is entered into this Fifth day of November , 3 1973 , by and between the City of San Bernardino (hereinafter 4 referred to as "CITY") , the County of San Bernardino , and the 5 cities of Colton , Fontana , Loma Linda , Redlands , and Rialto 6 (hereinafter referred to as "JURISDICTIONS") 7 WITNESSET H : 8 WHEREAS , public transit service is an essential ingredient 9 in the metropolitan community of the 1970 ' s and is destined to 10 play an even more important role in Southern California as the 11 years progress , and 12 WHEREAS , the CITY presently provides the only local transit 13 service available in the San Bernardino Metropolitan Area through 14 it s c-rcr,s:tir-.1 of the:. Skin Brrna.-rda no Municipal Transit System 15 (hereinafter referred to as SBMTS) , and 16 WHEREAS , the SBMTS currently provides public transportation 17 service for the citizens of Colton , Rialto , Fontana , Loma Linda , 18 Redlands , and several sections of County territory , as well as 19 serving residents of the City ; and 20 WHEREAS , the passage of SB 325 has made available critically 21 needed funds for the support of public transportation to better 22 serve the transportation needs of the commuter , the elderly, the 23 severely handicapped , the disadvantaged and other segments of the 24 population as well as to assist the general public in the mass 25 transit field , and 26 WHEREAS , the JURISDICTIONS are desirous of supporting the 27 service currently provided in their areas , and are willing to 28 reimburse the CITY for the service rendered to these areas , from 1 revenue received as a result of the operation of SE 325 , the 2 Transportation Development Act of 1971 , 3 NOW THEREFORE , in consideration of the foregoing , the several 4 and mutual promises and agreements hereinafter contained , and all. 5 laws governing such matters , the parties hereto do covenant and 6 agree as follows 7 1 . The CITY shall provide public transit service for the 8 JURISDICTIONS by means of SBMTS Routes 1 through 13 , and East 9 Valley Route 14 , as indicated on the Bus Schedules attached 10 hereto , and marked Exhibits "A" and "B" respectively . 11 2 . Said transit service will operate on the above Routes 12 six days per week• Monday through Saturday , as indicated on 13 Exhibits "A" and "B" 14 3 . Residents of the JURISDICATIONS served by said Routes 15 will be eligible for any and all special programs ; reduced rates , 16 no-cost rider privileges for Senior Citizens , the Blind and the 17 Handicapped, etc , for which residents of the CITY may now or 18 hereafter be eligible . 19 4 The CITY will cooperate to the maximum extent possible 20 with the JURISDICTIONS in the augmentation of such fare validation 21 or other special programs as the JURISDICTIONS may wish to develop 22 and implement relative to increasing the utility of bus trans- 23 portation within their respective areas , except that the CITY, in 24 its discretion, shall make the final determination regarding the 25 degree to which such assistance and cooperation is to be provided . 26 The Transit Operation Advisory Committee , composed of members 27 from the CITY and the JURISDICTIONS , will review and make recom- 28 mendations whenever matters arise pertaining to the operation of 1 SBMTS . 2 5 TERM. The term of this Agreement shall be for the period 3 July 1 , 1973 through June 30 , 1974 , it being the intent and desire 4 of all parties to continue the service on a fiscal year-to-year 5 basis , thereafter . 6 6 . PAYMENT . The JURISDICTIONS agree to reimburse the CITY 7 for the transit services provided within their areas during the 8 period of this Agreement , and that the total cost of such transit 9 service will be apportioned by a formula wherein the cost will be 10 computed on the basis of route miles traveled in, and/or adjacent 11 to each jurisdiction , as indicated on the attached mileage and 12 cost chart (Exhibit C) 13 (a) Payment shall be made to the City of San Bernardino , 14 Attention Director of Finance , on a quarterly basis 15 One-fourth of the estimated annual cost on October 1 , 16 1973 , January 1 , 1974 ; April 1 , 1974 ; and the final 17 payment will be adjusted to reflect the actual net 18 cost for the year , considering total revenues , 19 depreciation, and/or capital expense 20 7 The CITY shall save , keep and hold harmless the JURIS- 21 DICTIONS from all claims or liability for damage to property or 22 death or injury to persons which may at any time arise as a direct 23 result of the operation of the public transit service contemplated 24 herein 25 8 . It is understood that due to the age of the majority of 26 the buses currently being operated by SBMTS a cost factor for 27 amortizing capital investment determined by traditional accounting 28 methods , would be difficult to develop . Cost figures used herein 1 for cost calculations , therefore , do not include an allowance for 2 said purnose. It is agreed , however , that a cost factor for 3 replacing present equipment and facilities is a reasonable and 4 necessary element of true cost and that it should be included in calculating overall cost-per-mile figures . This element of 5 6 expense will be developed by special study , and an appropriate 7 cost factor therefore will be included in the final (Fourth quarterly) payment . It is acknowledged and agreed that service 8 9 under this Agreement is for the period July 1 , 1973 through 10 June 30 , 1974 , it being the intent of the parties to extend the 11 Agreement on a year-to-year basis , with such changes in cost , 12 revenue and mileage as may be necessary . 13 IN WITNESS WHEREOF , the parties hereto have executed this 14 Agreement . 15 ATTEST : CITY OF SAN BERNARDINO 16 // /' 7 17 y' City C erk Mayo 18 19 ATTEST . CITY OF REDLANDS 20 21 22 6v City Clerk ( Mayor 23 24 25 26 27 28 i MILEAGE AND ESTIMATED NET COST CHART ; TRANSIT ROUTE MILES , Routes Route Annual Percent Pro-Rated JURISDICTION 1-13 14 _ Total of Total Subsidy Colton 123,081 - 128,031 8.76 $ 53,304 r Fontana - 30,957 36,957 2.54 15,456 Loma Linda - 28,183 28,133 1 .93 11 ,743 Redlands 27,116 27,116 1.85 11 ,258 i Rialto 46,729 30,243 76,972 5.25 31 ,947 6 San Bernardino 774,571 76,296 850,867 58.27 354,573 County 231 ,082 79,900 310,982 21 .40 130,219 TOTALS 1 ,180,463 278,695 ._ 1 ,459,158 100.00 $ 606,500* , *Estimated net cost computed as follows : Salaries $707 , 448 , MS & S 186 , 052 893 , 500 Less Revenue 285, 000 $608, 500