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HomeMy WebLinkAbout81-50 transit servicesIO Il 12 14 16 17 I$ 19 20 RESOLUTION NO. 81-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAll APPROVING AGREEMENT FOR FUNDING OF TRANSIT SERVICES BE IT RESOLVED that certain Agreement For Funding Of Transit Services attached hereto and made a part hereof is hereby approved and the Mayor and Clerk are authorized to execute same on behalf of the City. This resolution supercedes and rescinds that certain .. Resolution No. 81-32 dated November 19, 1980. PASSED AND ADOPTED this 4th day of February , 1981, by the following roll call vote' AYES' Councilmembers Riley, Feibusch, Snyder, Myers, Hickey NOES None ABSENT' None ATTEST' City Clerk CITY OF UKIAH 203 SOUTH SCHOOL STREET UKIAH, CALIFORNIA 95482 PHONE 707--462--2971 February 6, 1981 Mendocino Transit Authority 2098 Mill Creek Road Ukiah, California 95482 Attention' Kathy Dinwiddie Enclosed is the MTA agreement which was approved by the City Council at the February 4th meeting. Please have the agreement executed and return the original to us for our files. Also, we need a copy of the Exhibit A referred to in the agreement. Very truly yours, Hattie Tillotson City Clerk HT/m Encls. MENDOCINO TRANSIT AUTI{ORITY A County-Wide Bus System 2098 Mill Creek Road Ukiah, California 95482 (707) 462-1422 AGREEMENT PROVIDING FOR FUNDING OF TRANSIT SERVICES FOR FY 1980-81 This is an Agreement between the MENDOCINO TANSIT AUTHORITY (herinafter referred to as "MTA") and the CITY OF UKIAH (hereinafter referred to as "CITY") providing for the funding of transit services. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 · 25 26 27 · 28 3O IT IS AGREED between parites as follows: 1. Services to be Performed by CITY 31 32 The CITY shall perform the services specified in Exhibit.A.-., 2. Project Monitoring MTA shall have the right to review all services performed, all project records maintained, and all policies or procedures followed by CITY to ensure that the project is achieving its stated goals and objectives. CITY. shall cooperate with MTA by providing all requested information which is deemed by MTA to be pertinent to the project's activities. MTA shall have the right to make copies of such information. 3. Correcting Project Activities 4. Performance Reports CITY agrees to submit reports on performance of services as required by MTA. 5. Payment to CITY MTA shall pay CITY a total amount not to exceed $78,963.00 for the services performed under this Agreement. Payment shall be made not more frequently than once per month. Payment shall be made as after-the-fact reimbursement of actual net coets, and only for the services specified in Exhibit A. Periodically, CITY shall submit to the MTA Office a county claim for services rendered during the preceding period. The claim shall be accompanied by: If, in the course of reviewing CITY'S activities, MTA discovers anything within reason which threatens the project's success, MTA shall give CITY thirty (30) days ~' ' written notice to satisfactorily correct the situation. If CITY has not satisfactorily corrected the situation at the expiration of the thrity day period, this Agreement shall be [ deemed terminated. 9 11 12 14 16 17 18 ~9 20 21 22 24 25 ~ 26 27 29 30 31 32 · MTA/UKIAH DAR AGREEMENT FY 1980-81 PAGE 2 , · · a) Statement of expenses b) Statement of revenue c) A monthly description of services, which includes ridership and mileage statistics. MTA staff will review/approve the claim and forward it to the Mendocino County Auditor/Controller for issuance of a warrant to the CITY. Insurance CITY shall hold MTA harmless from any and all claims or suits arising from damages to persons or property which may result from CITY'S performance of services under this Agreement. Furthermore, CITY .shall obtain a policy of public liability insurance in an amount of not less than $ 200~000 for injury or death to any one person and in an amount of not less than $ 500,000 ' for injuries or deaths to more than one person, including passenger bodily injury and property damage liaibility insurance in an amount of not less than $ ],000,000 for the damage to or destruction of property. CITY shall cause MTA to be named as additional insured in said policy of insurance. The above-described insurance coverage shall be maintained throughout the life of this Agreement, and MTA shall not be required to make payments under this Agreement unti,1 CITY has filed with the MTA a Certificate which shows that said coverage has been obtained. Such Certificate shall also provide for not less than thirty (30) days written notice of any cancellation or material change in policy. Audit Ail fiscal records related to CITY'S activities under this Agreement shall be open to audit by MTA throughout the life of this Agreement. MTA shall have the right to make copies of all or any of CITY'S fiscal records. Ex. piration of Agreement This Agreement shall become effective upon execution by the parties and shall run from July 1, 1980, and shall expire whenever $78,963.00 has been expended, or on June 30, 1981, whichever occurs first. The CITY shall be reimbursed from this fund only for expenses incurred between these two dates. Modification ,of. Aqreement This Agreement may be renegotiated with consent of both parties before June 30, 1981, made in writing. 10. Termination of Agreement This Agreement may be terminated at any time for any reason' by either party upon thirty (30) days written notice to ~ the other party. 8 ,. 10 11 12 13 14 15 16 17 18 19 20 21 22 · .:.- ...-' 23 24 25 i, 26 27 28 29 30 31 32 MTA/UKIAH DAR AGREEMENT FY 1980-81 PAGE 3 11. Alteration of Aqreement No alteration, modifcation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties. No oral understanding or agreement not incorporated herein in writing shall be binding upon either party. 12. Assignment and Subcontractinq , CITY shall not disburse TDA funds to a third party without the written consent of the MTA. Any assignment without such written consent shall automatically terminate this Agreement. 13. CITY'S Status In the performance of this Agreement, CITY shall act in an independent capacity and not as an agent of MTA. 14. Compliance with State and Federal Regulations CITY shall comply with State law applicable to use of Transportation Development Act (SB 325) funds, and with any other State or Federal regulations applicable to the services performed under this Agreement. 15. Revenue/Cost 'Ratio It is further understood and acknowledged that the CITY shall comply with Section 99268.5 of the Transportation Development Act and maintain a revenue to operating cost ratio at least equal to one-tenth (10%) or the ratio it had for' such services during the 1978-79 fiscal year, whichever is greater. IN WITNESS W}IER.EOF, the parties hereto have executed this Agreement on this' 4t___hday of February 1981. MENDOCINO TRANSIT AUTHORITY Marge Boynton, Chairman MTA Board of Directors C!?Y \OF/~'K~AH ~_ ~ .? ~lays Hick"y, blaYor ' City of ~kiah // :. APPROVED AS TO FORM: County Counsel