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HomeMy WebLinkAboutAgenda Report - February 19, 19960 e CITY OF LODI COUNCIL COMMUNICATION e - AGENDA TITLE: Approval of Interlocal Contract Between Douglas County and the City of Lodi for use of Vintage -Style Trolley Vehicle MEETING DATE: February 19, 1996 PREPARED BY: Kirk J. Evans, Assistant to the City Manager RECOMMENDED ACTION: That City Council approve the attached Interlocal Contract Between Douglas County and the City of Lodi for use of a Vintage -Style Trolley Vehicle. BACKGROUND INFORMATION: Many changes will soon be taking place downtown. School Street will be completely refurbished. The resulting intermittent loss of parking and disruption of traffic flow will interfere with customer access to established businesses. The presence of a trolley on School Street will serve one primary aim - to mitigate the impact of construction on established businesses. The trolley will help in two ways: 1) The trolley is an attraction in and of itself. It is anticipated it will draw attention and customer activity to downtown Lodi. 2) It will provide a direct link between parking areas adjoining downtown and the entrances to downtown businesses when parking on School Street is prohibited. It will provide the highest degree of access possible for customers - short of having parking available immediately in front of stores on School St. The Lodi Downtown Business Association and most merchants are aware of the impending arrival of the trolley, and have expressed support for this vehicle. However, they will not be contributing financially toward its operation. Operation is anticipated to commence March 1, 1997. The attached spreadsheet lists various agencies contacted by staff which potentially lease this type of vehicle. Based on availability and price, the only real possibilities were South Shore Transportation Management Association (SSTMA) and Trolley Time. Trolley Time insists on a nine month lease. The quality of vehicles presented in SSTMA literature is also superior to that of Trolley Time. SSTMA is the clear choice as the provider of this vehicle. Douglas County owns, and the South Shore Transportation Management Association operates, the trolley staff is recommending. The contract must be approved by the Lodi City Council to effect the trolley's lease. It should be noted that SSTMA must have the trolley returned by June 1, 1997 - this lease is only for a three month period. After that, we will look to the Dial -A -Ride system to possibly provide service during the summer months. If the trolley is very successful and demand for its return is strong, another lease from SSTMA could be considered for the autumn months (although School Street construction should be completed by that time). APPROVED: H. Dix n Flynn --City Manager °a. CITY OF LODI COUNCIL i The City of Lodi will provide insurance coverage for the trolley through the California Transit Insurance Pool, maintenance through the City shop, and drivers through DAVE Transportation Services. The trolley will complete one circuit approximately every 15 minutes. The fare will be free to all. FUNDING: Lease of the trolley will cost $3000 per month for the three month lease period. Operating expenses such as driver wages, gasoline, maintenance and insurance will also cost $3000 per month based on a nine hour operating day - Tuesday through Saturday. As daylight hours increase in May we may wish to extend hours, which in turn will drive operating costs over $3000 per month. Federal Transit Administration grant funds and Transportation Development Act funds will be used in equal proportion (50% FTA and 50% TDA) to finance the downtown trolley. The City of Lodi's appropriation of FTA and TDA funds is sufficient to cover the entire lease and operation of the trolley. Hssisiant io ine airy manager APPROVED: H. Dixon Flynn -- City Manager City of Lodi Downtown Trolley Cliff 1V/ L7]f .C. J7 71']:JY`e e0 JJi I I•H r M7C GG FES -10-1997 k19�?6 ra_LJG-k-3 01 COM I Nl TY DF0 INTERLOCAL CONTRACT BETWEEN DOUGLAS COUNTY AND CITY OF LODI 702 762 900? aa. C1,11/03 WHEREAS, Douglas County, a political subdivision of the State of Nevada, and the City of Lodi (Lodi) desire to enter into an agreement which will result in the provision of passenger service by a vintage -style Trolley vehicle awned by Douglas County within the City of Lodi area. WHEREAS, iaauglas County currently possesses a vintage -style Trolley vehicle which will not be in use in Douglas County during the October 1996 through May 1997 period. WHEREAS, Nev.Rev.Stat. § 277.180 provides that Douglas County may enter into this agreement. NOW, THEREFORE, the parties agree as follows: 1_ Terre qt Agreement. County agrees to allow Lodi to lease, and Lodi agrees to lease the following described vintage -style Trolley vehicle ("Trolley") for a period of approximately 3 months, commencing March 1, 1997, or as soon as Lodi actually takes delivery of the Trolley, and ending May 31, 1997_ Lodi has requested delivery of the Trolley on February 27, 1997. 2. Trolley Description. Year: 1993 Make: Trolley Model: Golden Gate Value: $101,240 VIN: 1FDWK74C3PVA28398 Mileage: 35,603 3. Trolley Delivery and Return. Lodi shall take delivery of th4 Troltey at a place in the City of South Lake Tahoe, California designated by County, or such tither place as tray be mutually agreed upon, on or after February 27, 1997. Lodi shalt return the Trolley to a place in the City of South Lake Tahoe, California designated by County, or such other place as may be mutually agreed upon, on or before .lune 1, 1997. Lodi shall be responsible for all matters desorihed in the agreement (including transport to �••�+��„� f e.r Page v8 FE8-10-199? 16.42 91654402?6 P-02 IJL� 1VI 1JJ1 lO.JJ 71JJ�11JLi V JJr 1 i•'t-I FEE -10-15,? li, :37 DOUGLAS W CtiWUN I TY DEV 702 788 %107 F. c2.1E3 and from Lodi) from the time of Trolley pick-up unfit the time of Trolley return. Delivery and return shalt be F.O.B. City of South Lake Tahoe, California. to no event shalt the trolley be returned later than June 1, 1997. 4. RATE, it is understood between the parties that Lodi intends to use the Trolley daily (totaling q2 days) over the term of this agreement, commencing March 1, 1997. The gross contract Trolley rental rate shall be $9,000.00 for the proposed operating period. This amount shall be the minimum amount due County under this agreement. At Lodi's option, Lodi may elect to operate the Trolley sooner than the planned 92 day contract period. In such case, Lodi shall pay County the agreed upon rate of $100.00 for each day beyond the 92 days, although in no event shall the rate for an given calendar month exceed $3,000-00. S. Payment Terms. Lodi shat) pay County the following rental sura on the following dates, March: One month at $5,000.00 per month, due on delivery April: One month at $3,000.00 per month, due April 1, 1997 May: One month at $3,000.00 per month, due May 1, 1997 In the event Lodi Operates the Trolley for more than the clays outlined above, the amount owing (at $100.40 per day) for such additional days of operation shall be paid to the County at the completion of the month during which such operations occurred or upon return of the Trolley, whichever occurs first. Any amount due which is In default for TEN (10) days or more shall accrue and be charged interest at the rate of 12°/a per annurn or the maximum amount allowed by law. Any amounts so charged shall be considered part of the total amount due until paid. Lodi shall be responsible for, and agrees to pay, all costs and expenses, including reasonable attorney's fees associated with the collection of any amount due in connection with this agreement. n'Ntfr lav^6nr. Page 24 FEE -le -1997 16:42 9165446276 P.03 Q.r 14( 1771 10. J] 51 A:JY Y�1�i O JJf 1 i•W FEB-10-19,� l 09: 37 1)GL11n' A= CC 0 h 1UN 1 TY );BEV 7021 782 9007 P. 03./03 6. security. Lodi shall, upon execution of this agreement and acceptance of the Trolley, pay to County the sum of $1,000.00 as additional security for all of Lodi's obligations hereunder. Such amount shall be retained by County during the term of this agreement and be returned to Lodi upon Lodi's satisfaction of all terms and obligations of the agreement. 7. Insurance. Concurrent with delivery of the Trolley. LODI shall provide County with comprehensive commercial automobile liability, combined single limit coverage including non -owned and hired automobile liability in the amount of five million dollars ($5,000,000), and general liability insurance in the amount o1 1.5 million dollars ($1,500,000), The policy shall remain in force through the life of this contract. and shall be payable on a "per occurrence" basis unless the vehicle owners specifically consent to a "claims made" basis. Collision/comprehensive coverage shall be actual cash repiacemerrt value. All deductibles shall be the responsibility of LODI. The County and the SS�WA shall be named as an additional insured on the policy. Upon taking delivery, Lodl shall supply a certificate of insurance and endorsements signed by the insurer providing for 30 days advanced notice to the County and SSITMA of any termination or reduction in coverage_ S. Title, Taxes and Government Inspection. The Trolley is titled, licensed and registered in the name of Douglas County in the State of Nevada. If licensing and,or inspection are required by any other government authority during the term of this lease, any cost and proper permitting shall be the responsibility of Lodi. Lodi 5hail be responsible for and pay all other taxes or govemment assessments, fees or charges due in connection with the operation of the Trolley during the lease term. 9. Maintenance, Repairs and operationS Expenses. Lodi shall submit to County a written report of the condition of the Trolley within three (3) days of receipt of the Trolley. Such report shalt note any and all mechanical and cosmetic deficiencies. Lodi shall provide all gasoline, oil, lubricants, anti -freeze and tires required for the ^At► tiatri rfnr. 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Lodi agrees that its obtigations to pay the rates provided for shall not, in any way be affected by any default or failure of trolley perittrmance. 12. Use and Return of Trolley. Lodi shall use the Trolley solely for the intended purpose of fixed -route passenger transportation within the City of Lodi. In no event shall Lodi use or permit the Trolley to be used for any illegal purpose, or in violation of any law, statuto, ordinance or regulations or by any person or persons, under the influence of alcohol or narcotics or in any negligent manner that would cause damage or unusual wear and tear to the Trolley or for a purpose that would cause any insurance covering the vehic=,e to be suspended, canceled or inapplicable. Lodi or its agents shall not fasten signs, banners, posters or advertising to the interior or exterior of the Trolley unless such mountings do not in any way penetrate or damage the exteriorrinterior, paint or woodwork of the Trolley. Lodi shalt bear the cost of removal and any repairs or damage caused by the use or removal of any signs, banners, posters or advertising. Lodi shalt comply with the provision previously set forth in the Maintenance and Repairs clause and must return the Trolley in clean and substantially the same condition as when it was received. Lodi hereby agrees to the following standards for return of the Trolley: The Trolley must: 1) Be clean_ 2) Be in good mechanical and operating condition with no miSSing parts, inoperative parts or otherwise unacceptable physical damage or appearance. r W^UOV�) Men Pang Sr8 FEB -10-1997 16:44 9165440278 P. OE. FEb'-L 6-199? 07! 143 CO COPtt' IAIIT'1' DEV 702 ^S? 900? P. 08r'1CI 3) Have no scratches or dents on the body. including disfigured metal work. A) Have rto paint damage, chips or rusted areas or series thereof, nor evidence of graffiti. 5) Have no damaged or broken wood parts. 6) Have 'no tears, cuts or damage to the flooring necessitating repair or replacement, 7) Have no cracks, scratches, pits or chips in the windshield, nor othar broken windows or inoperative window mechanisms. 8) Have no broken headlights, lenses or sealed beams. 9) Have no road salt, cinder or -construction material damage to any part of the frame, body or undercarriage. 10) Contain no other damage which must first be repaired in order for County to put the Trolley in service. Should any of the above conditions exist upon return of the Trolley to County (unless noticed in the acceptance inspection report), Lodi will be responsible for the cost associated with County's repair of such defects and small promptly reimburse County upon receipt of an invoice covering such repair costs. 13. Default_ In the event Lodi fails to comply with any terms of this lease or violates any ordinance, regulation cr law which applies to the proper operation of the Trolley or service provided, the County may at its sole option terminate this lease by giving five (5) calendar days written notice to Lodi. On receipt of such notice, Dodi shall have three (3) oalendar days to correct such deficienc-1 or reach agreement with County on how such deficiency will be corrected, otherwise Lodi shall be deemed in default and this agreement shall terminate on the fifth days of such notice. Termination due to Lodi's default shall cause the full minimum contract rental amount of $9,000.00 to become immediately due and payable. FEB -10-1997,._1E,:44 9165440278 P.07 U:., IUe L77( iO. J7 71 OJ4-tuZ. 0 JJ.Wrn.,L UV F=B-06-1997 -7':10 DOUGLAS 1_0 COPIP1LNIT`,' DF -0 702 78 %_07 P. e19 Ae In the event of such default, without demand or legal process and without being guilty of trespass or conversion and without thereby rendering the County liable to refund any sums received as a deposit or as prepaid rental, County, or its agent, may enter into premises where the Trolley may be found and take possession and remove the Trolley, whereupon all rights of Lodi in such Trolley shall terminate. Lodi Shall be responsible to County for air costs associated with the return of the Trolley to South Lake Tahoe, California. 14_ Notice of Accidents arta Cooperation. Lodi agrees that its drivers or agents will report to County within twenty-four (24) hours following any occurrence of collision which occurs while me Trolley is in the custody of Lodi or its drivers or agents. Lodi and County shall cooperate fully with any insurance carriers in the investigation and defense of any and all claims or suits arising from operation of the Trolley. The Trolley shalt be operated only by properly licensed drivers with good driving records who are directly employed by Lodi. 15_ Subcontract. Lodi shall not subcontract or assign this agreement without the prior written approval of County. 16_ Entire Agreement - Partial* Invalidity This agreement constitutes the entire agreement between the parties and may not be changed except by an instrument in writing signed by County and Lodi. In the event any provision shall be determined to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall. not affect the other or remaining provisions_ c`ttrollevLdec Paile 719 FEB -10-1997 16;45 9165440278 P.08 r" -u- U3 FEF -d5-159? t ?=11 DOLGLAS CU C0,11VUHITY DEQ TW j