HomeMy WebLinkAboutContracts & Agreements_72-2011_CCv0001.pdf Agreement between City of Redlands and Omnitrans for one-time funding for a College
Free Pass pilot program for 2011-2012 Academic Year.
Contract No.
This one-time funding agreement for a College Free Pass pilot program ("Agreement")
is made and entered into this 21st day of June 2011, by and between
Omnitrans, 1700 W. Fifth Street, San Bernardino, CA 92411 and the City of Redlands,
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 the San
Bernardino County valley including trips to California State University San Bernardino,
Chaffey College, Crafton Hills College, 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 CITY on the Omnitrans bus routes
servicing the campuses of California State University San Bernardino, Chaffey College,
Crafton Hills College, and San Bernardino Valley College; and
WHEREAS, CITY agrees to participate in the College Free Pass pilot program by
providing funding for its 3,178 students to partially subsidize CITY students' bus fares
during the pilot program period;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
Omnitrans and CITY agree as follows:
ARTICLE 1. STATEMENT OF WORK AND PAYMENT
A CITY agrees to provide Omnitrans with a one-time amount of $15,000 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 CITY students who provide a current valid College
Identification Card —from California State University San Bernardino, Chaffey
College, Crafton Hills College, and San Bernardino Valley College to ride all of
Omnitrans fixed route services at no charge commencing August 15, 2011 and
ending June 30, 2012. This shall not apply to Access services.
C. Omnitrans shall promote this program to CITY 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 the success of the program for use by the CITY in reporting
the 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 or 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 or otherwise, except as herein provided by
the sale of public transportation
ARTICLE 4, INDENMNITY
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 wrongful acts or 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 wrongful acts or 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 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 Redlands 1700 W. Fifth Street
35 Cajon Street, Suite 15A San Bernardino, CA 92411
Redlands, CA 92373 Attention: Wendy Williams
Attention: Rosemary Hoerning Marketing Department
Municipal Utilities and Engineering Director (909) 379-7151
909-798-7589
ARTICLE 10. COMPLETE AGREEMENT
This Agreement and documents incorporated herein constitute the complete and
exclusive statement of the terms of this Agreement between Omnitrans and CITY and
it supersedes all prior representations, understandings, and communications with
respect to its subject matter. The failure 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 REDLANDS OMNITRANS
BY BY
NAME: Pete Aguilar NAME: Z,/d
TITLE: mayor TITLE: G �.�
DATE: .dune 21, 2011 -- DATE: ' �6 ri
APPROVED AS TO FORM: APPROVED AS TO FORM:
BY: U BY:
City Attorne County Counsel
ATTEST:
Sam Irwin, C#. y Clerk
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