Loading...
HomeMy WebLinkAboutResolution 2006-177 N.C.S. 10/16/2006 Resolution No. 2006-177 N.C.S. of the City of Petaluma, California RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING ("MOU") WITH SONOMA COUNTY JUNIOR COLLEGE DISTRICT ("DISTRICT") FOR SRJC STUDENT TRANSIT FARE PROGRAM WHEREAS, The City of Petaluma and Sonoma County Junior College District ("District") have entered into a Memorandum of Understanding ("MOU") for a free student transit fare program; and, WHEREAS, the program provides for students who show an SRJC photo ID to ride Petaluma Transit fixed route and paratransit buses for free.'The district will reimburse the City at the rate of $.55 per ride for fixed route and $2.00 per ride for students utilizing paratransit buses; and, WHEREAS, the District will subsidize the fares up to a maximum of $6,900 per semester for anot-to-exceed amount for the 06/07 school year of $13,800; and, WHEREAS, by encouraging the use of public transit as an alternative to the automobile, the program will not only result in a reduction of congestion and emissions, but will result in increased fare box revenue for Petaluma Transit and long term transit use after the demonstration program is concluded. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby ratifies the MOU between the City of Petaluma and Santa Rosa Junior College District for the SRJC student transit fare program. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Appro d as to Council of the City of Petaluma at a Regular meeting on the 16`~ day of October, ~ 2006, by the following vote: City Att mey AYES: Mayor Glass, Harris, Vice Mayor Nau, O'Brien, Torliatt NOES: None ~ ABSENT: Healy • _ _ - - ABSTAIN: None _ ATTEST: City Clerk Mayor Resolution No. 2006-177 N.C.S. Page 1 ATTACHMENT MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into by and between the City of Petaluma ("the City"), a California municipal corporation and a charter city, and the Sonoma County Junior College District ("District"). This MOU is effective August 28, 2006. RECITALS A. Petaluma Transit is a local transit program operated by the City, providing bus service throughout the incorporated limits of the City. B. District operates the Santa Rosa Junior College ("SRJC"), including a Petaluma branch campus providing educational opportunities to residents of the City and surrounding communities. C. As part of an experimental project to increase ridership, enhance service to District students, and leverage the benefits of public transportation including financial, environmental, and other benefits fora greater number of Petaluma community members, District is prepared to fund fixed route and paratransit bus trips on Petaluma Transit for SRJC students, Monday through Friday, from August 21, 2006 through December 22, 2006 ("Fall 2006 Semester") and January 17, 2007 through May 24, 2007 ("Spring 2007 Semester"). D. The City and District desire to encourage students enrolled at SRJC to use the City's bus system. Accordingly, the City and District have entered into this Agreement to describe the relationship, financial obligations, duties, and responsibilities of both parties in the completion of this experimental program.. AGREEMENT The City dnd District agree as follows: 1. RECITALS. The foregoing recitals are true and correct and made a part of this agreement. 2. CITY'S RESPONSIBILITIES. a. The City shall allow SRJC students who present to Petaluma Transit drivers a valid student identification card to ride Petaluma Transit buses free of charge for fixed- route bus routes, Monday through Friday, during the Fall 2006 Semester and Spring 2007 Semester. b. The City shall allow SRJC students who qualify for paratransit services and present to Petaluma Transit drivers a valid student identification card to ride Petaluma paratransit buses free of charge for trips that either originate or terminate at the Petaluma JC campus, Monday through Friday, during the Fall 2006 Semester and Spring 2007 Semester. c. The City shall notify Petaluma Transit and paratransit bus drivers that when an SRJC student presents a valid SRJC student identification card during the aforementioned time periods that said student may board the bus free of charge for fixed-route bus routes. Resolution No. 2006-]77 N.C.S. Page 2 d. Upon receipt from District, the City shall make available to Petaluma Transit bus drivers for review a sample copy of a valid Fall 2006 Semester and Spring 2007 Semester student identification card. e. The City shall establish a means for recording each SRJC student trip authorized under this Agreement. The City shall notify Petaluma Transit bus drivers that when an SRJC student uses the bus, as authorized under this Agreement, that the bus driver shall record the trip pursuant to the City's system established to record such trips. f. No later than the 20th day of each month, the City shall submit a monthly invoice to District reflecting the total number of fixed-route bus trips and corresponding charges for the previous month of SRJC students. Charges shall be at the rate of $0.55 for each fixed-route bus trip authorized under this MOU. g. If District fails to reimburse City within thirty (30) days from receipt of the City's monthly invoice to District, City reserves the right to suspend the free of charge bus service to SRJC students. City shall notify District in writing of this suspension, and the reasons for it, before the suspension occurs. h. The total charges for all bus trips invoiced to District shall not exceed the amount of $6,900 for Fall 2006 Semester and $6,900 for Spring 2007 Semester. When the total charges for SRJC students under this MOU equal $6,900 for the relevant academic semester, City shall immediately notify District and terminate providing free bus service to SRJC students under this MOU. 3. DISTRICT'S RESPONSIBILITIES. a. District agrees to reimburse the City $0.55 for each fixed-route bus trip authorized and invoiced in accordance with this MOU. b. District agrees to reimburse the City $2.00 for each paratransit bus trip authorized and invoiced in accordance with this MOU. c. District shall reimburse City within thirty (30) days from receipt of City's monthly invoice. d. District shall reimburse the City in an amount not to exceed $6,900 for Fall 2006 Semester and $6,900 for Spring 2007 Semester. e. When the total charges for SRJC students under this MOU equal $6,900 for the relevant academic semester, and upon notice from City to District, District shall promptly notify SRJC students that the free of charge bus service on Petaluma Transit is no longer available. f. District shall provide the City with a duplicate copy of a valid Fall 2006 Semester and Spring 2007 Semester student identification card prior to the start of each semester. g. District shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to this MOU for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to the City pursuant to this MOU. Any records or documents required to be maintained pursuant to this MOU shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, of a designated representative of these officers. Resolution No. 2006-177 N.C.S. Page 3 4. LIABILITY AND INDEMNITIES. This MOU is not intended to affect the legal liability of any party to the MOU by imposing any standard of care other than the standard of care imposed by law. a. Neither the City nor its officers, officials, employees, agents or volunteers is responsible for any damage or liability occurring by reason of anything that District or its officers, officials, employees, agents or volunteers does or fails to do in connection with this MOU. District shall fully indemnify and hold harmless the City and its officers, officials, employees, agents and volunteers from any damage or liability occurring by reason of anything done or omitted by District or its officers, officials, employees, agents, or volunteers in connection with this MOU. The indemnity contained in this provision includes, but is not limited to, all reasonable costs and attorney's fees incurred in defense of any and all claims covered by this provision. b. Neither District nor its officers, officials, employees, agents or volunteers is responsible for any damage or liability occurring by reason of anything that the City or its officers, officials, employees, agents or volunteers does or fails to do in connection with this MOU. The City shall fully indemnify and hold harmless District and its officers, officials, employees, agents and volunteers from any damage or liability occurring by reason of anything done or omitted by the City or its officers, officials, employees, agents, or volunteers in connection with this MOU. The indemnity contained in this provision includes, but is not limited to, all reasonable costs and attorney's fees incurred in defense of any and all claims covered by this provision. S. AMENDMENT. This MOU can only be changed or amended by the express written consent of both parties. 6. TERMINATION. This MOU will terminate upon the mutual written agreement of the parties, or upon receipt by the City of the final reimbursement provided by the District in accordance with this MOU, whichever occurs earlier. However, provision 4 concerning liability and indemnities will survive any termination of this MOU. 7. MERGER AND INTERPRETATION. This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the term of the Agreement.. This MOU shall be construed and enforced pursuant to the laws of the State of California, and shall be interpreted to effect of the purposes of this MOU. 8. SEVERABILITY. If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect. Resolution No. 2006-177 N.C.S. Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below. APPROVED: APPROVED: CITY OF PETALUMA SONOMA COUNTY JUNIOR COLLEGE DISTRICT Date: Date: ATTEST: ATTEST: Claire Cooper, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Eric W. Danly, City Attorney District Counsel Resolution No. 2006-177 N.C.S. Page 5