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Home My WebLink About2006/12/12 Item 14 COUNCIL AGENDA STATEMENT Item Meeting Date 12/12/06 )1 ITEM TITLE: Resolution Approving Memorandum of Understanding between the Metropolitan Transit System (MTS) and City Of Chula Vista for Regional Telephone Information System (RTIS) Director of pU70rks operatio~ / City Manager {jl (4/5ths Vote: Yes_ No ~) SUBMITTED BY: REVIEWED BY: This resolution would maintain Chula Vista Transit's (CVT) participation in the RTIS via an agreement. This service provides CVT riders and persons throughout the region with telephone and online schedule information both on CVT and on all fixed route transit systems operating in the County. This agreement for Fiscal Year (FY) 2006-07 continues CVT's participation in this regional transit information system at a cost of $54,713.80. It also includes automatic annual renewals through FY 201 0-11 at a three (3%) percent annual cost increase. RECOMMENDATION: That Council approve Resolution approving Memorandum of Understanding between the Metropolitan Transit System and City of Chula Vista for Regional Telephone Information System for the period FY 2006-07 and subsequent years. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The following transit operators participate in the regional RTIS operated by MTS: MTS, North County Transit District, National City Transit, Coaster, and CVT. City residents receive schedule and transfer information on all systems operating in the County. The telephone information system is available 7 days a week between the hours approximately 5:30 a.m. and 11 :00 p.m. There is also a 24 hour automated telephone information system and an online transit information site. The total system cost is allocated to each transit operator based on the percentage share of calls originating from each operator's service area. These percent allocations are based on the previous three-year total calls answered and are updated annually. Decision Maker Conflicts: Not Applicable Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT: The City Of Chula Vista's share of the FY2006-07 RTIS costis $ 54,713.80. This cost is contained in the Transit Division budget, which is funded by MTS Consolidated TDAArticle 4.0 funds. No City Of Chula Vista's General Fund contributions support this agreement. Attachment: Regional Telephone Information System Agreement K:\Public Works Operations\Agenda Statements FY06\Agenda Statement - Regional Telephone Information MOU.doc 14-1 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA FOR REGIONAL TELEPHONE INFORMATION SYSTEM (RTIS) WHEREAS, this resolution would maintain Chula Vista Transit's (CVT) participation in the Regional Telephone Information System (RTIS) via an agreement; and WHEREAS, this service provides CVT riders and persons throughout the region with telephone and online schedule information both on CVT and on all fixed route transit systems operating in the County of San Diego; and WHEREAS, this agreement for Fiscal Year 2006-07 continues CVT's participation in this regional transit information system at a cost of $54,713.80. It also includes automatic annual renewals through FY 2010-11 at a 3 percent annual cost increase; and WHEREAS, the cost of $54,713.80 is contained in the Transit Division budget, which is funded by MTS Consolidated TDA Article 4.0 funds. NOW, THEREFORE, BE IT RESOL VED the City Council of the City ofChula Vista does hereby approve the Memorandum of Understanding between the Metropolitan Transit System (MTS) and the City of Chula Vista for Regional Telephone Information System (RTIS). Presented by Approved as to form by Dave Byers Director of Public Works Operations ~1"~\'\~~, Ann Moore City Attomey J:IAttomeyIRESOIMOUIMOU MTS 12 12 06.doc 14-2 T THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROY AL BY THE CITY COUNCIL ~~~~, Ann Moore City Attorney Dated:D~ ~N,;;+ i~'9 J Memorandum of Understanding between METROPOLITAN TRANSIT SYSTEM (MTS) and CITY OF CHULA VISTA for REGIONAL TELEPHONE INFORMATION SYSTEM (RTIS) 14-3 T Memorandum of Understanding between METROPOLITAN TRANSIT SYSTEM (MTS) and CITY OF CHULA VISTA (CITY) for REGIONAL TELEPHONE INFORMATION SYSTEM This Memorandum of Understanding (MOU) is entered into on the day of November between the Metropolitan Transit System (MTS), a California public agency, and the City of Chula Vista (City), a general law city. RECITALS WHEREAS, MTS has maintained a telephone information system (TIS) providing information to telephone callers about the respective operations, fares, routes, and other operational matters for public transportation; and services operated in the County of San Diego and the City; WHEREAS, such a relationship has benefited both MTS and the City in terms of effectiveness and efficiency; and WHEREAS, MTS and the City desire to continue this relationship. NOW, THEREFORE, in consideration of the recitals and mutual obligation of the parties set forth, herein, MTS and the City agree as follows: SECTION ONE. OBLIGATIONS OF THE CITY A. It is agreed that the City shall provide MTS information as to changes in operational information on a timely basis and in such a form as MTS shall request. B. The City agrees to pay MTS monthly for telephone information services. The amount will be calculated annually and will be based upon a 3% increase over the prior fiscal year as detailed within Exhibit A. Periodically, MTS and the City will review call activity to verify the materiality of 14-4 T Memorandum of Understanding City of Chula Vista Page 2 the fee projections. This service shall be funded by MTS's annual allocation to the City for its transit operations. Payment is contingent upon receipt of these funds by the City. C. Payment for this service will be broken into 12 monthly payments and paid no later than ten days after receipt of invoice from MTS. SECTION 2. OBLIGATIONS OF MTS A. MTS agrees to the use of its TIS to disseminate rider information by telephone relating to transit routes, trip times, fares, and other operational matters, and any other types of information which the parties hereto may in the future mutually agree as being appropriate for dissemination through the TIS. B. Whenever a transit route, fare schedule, trip time or other aspect of operations is modified, MTS agrees to update the TIS so that the changed operational information is disseminated to the telephone callers within five days. C. MTS agrees to submit an annual invoice to the City at the beginning of each fiscal year as detailed within Exhibit A. D. MTS agrees to notify the City within 15 days of any changes to the TIS that would directly impact the service. E. MTS and the City agree that this payment structure will continue for a period of five years (FY07-FY11 ). SECTION 3. INDEMNIFICATION A. The City agrees to indemnify and hold free and harmless MTS and its authorized agents, officers, and employees against acts or omissions caused by the City, its agents or employees, and any costs or expenses incurred on account of any claim therefore, and MTS agrees to indemnify and hold free and harmless the City and its authorized representative, officers, and employees against acts or omissions caused by MTS, its agents or employees, and any costs 14-5 ,. Memorandum of Understanding City of Chula Vista Page 3 or expenses incurred on account of any claim therefore. Each party shall bear their own attorneys fees and costs in the event of an act of concurrent negligence. B. The City, their agents, officers, and employees, shall not be held liable for any claims liability, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or death of them caused by or resulting from any negligent acts or omissions of MTS, or its agents, employees, or representative, not including liability caused by the sole negligence of the City, its agents, or employees; and MTS, its agents, officers and employees, shall not be held liable for any claims, liability, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or death of them, caused by or resulting from any negligent act or omissions of the City or its agents, employees or representative, not including liability caused by the sole negligence of MTS, its agents or employees. Neither the City nor MTS shall be obligated to indemnify the other if the claim or liability alleges an act of concurrent negligence. SECTION 4. CONFLICT OF INTEREST A. No officer, employee or agent of either of the parties hereto have, nor shall they have, any personal financial interest direct or indirect in this agreement. B. Each party covenants that its officers or employees presently have no interest and shall not acquire any interest, direct or indirect, in property, either real or personal, which would conflict in any manner or degree wit the performance of this agreement. SECTION 5. AUDIT At any time during normal business hours and as reasonably necessary, MTS shall make available to the City for examination all of its records with respect to all matters covered by this agreement and will permit the City to audit, examine and make excerpts or transcripts to such records, and to perform audit procedures as deemed necessary with respect to all invoices, payrolls, equipment. materials and other data relating to matters covered by this agreement. 14-6 " Memorandum of Understanding City of Chula Vista Page 4 SECTION 6. INDEPENDENT CONTRACTOR MTS is, for all purposes arising out of this agreement, an independent contractor, and no employee of MTS is, for purposes of this agreement, an employee of the City The City is, for all purposes arising out of this agreement, an independent contractor, and no employee of the City is, for purposes of this agreement, an employee of MTS. SECTION 7. AMENDMENTS TO AGREEMENT This agreement may be amended at any time by mutual written agreement of the parties hereto. SECTION 8. NONASSIGNABILlTY Neither party shall assign any interest in this agreement or transfer any interest in the agreement without the prior written consent of the other party. SECTION 9. WAIVER In no event shall any payment by the City or acceptance of payment by MTS constitute, nor shall it be construed to be a waiver by either party of any breach of conditions or any default which may exist, or while any such breach or default shall exist, in no way impair or prejudice any right or remedy available to either party with respect to such breach or default. SECTION 10. TERM This agreement shall automatically renew on an annual basis unless terminated by one party upon 30 days written notice or by mutual agreement. Paul C. Jablonski Chief Executive Officer Metropolitan Transit System Cheryl Cox Mayor City of Chula Vista 14-7 T Memorandum of Understanding City of Chula Vista Page 5 Approved as to form: By: Office of General Counsel Metropolitan Transit System WCASSIDY/MOU MOU-CH ULA VIST A.LMARIN IS I 11/6/06 14-8 T By: City Attorney City of Chula Vista