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HomeMy WebLinkAboutReso 1976-8219RESOLUTION N0. 8219 RESOLUTION OF THE CITY COUNCIL OF THE-CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AZTEC BUS LINES FOR PROVISION OF INTRACITY BUS SERVICE FOR FISCAL YEAR 1976-77 (ELEVENTH AMENDMENT) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and AZTEC BUS LINES, for provision of intracity bus service for fiscal year 1976-77 dated the 22nd day of June 19 76 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by 0 ~~~~ Wi11ia~Robens, Director of Public Works Approved as to form by %~~~~~~ ~~~ ~~ Georqe Lindberg, City Atto ey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of June 19 76 by AYES: Councilmen Cox, Hamilton, Egdahl, Hyde NAPES: Councilmen None I, o City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) ELEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE AZTEC SUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA THIS ELEVENTH AMF.ND27ENT, made and entered into this 22nd day of June , 197, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City"; and AZTEC BUS LINES, 4437 Twain Avenue, San Diego, California, 92120, a California corporation, hereinafter called "Sus Company"; W I T N E S S E T H WHEREAS, City and Bus Company have heretofore entered into a Ninth Amendment to the basic Agreement for providingbus service to the City of Chula Vista as contained in said Ninth Amendment, approved by Resolution No. 7807, adopted by the City Council of the City of Chula Vista on the 1st day of July, 1975, and WHEREAS, it is desired to amend the original agreement dated the 17th day of February, 1970 in the manner set forth herein. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged the parties heretoagree as follows: SECTION 1. INTRA-CITY BUS SERVICE. Bus Company agrees to provide an intra-city bus service for the City of Chula Vista, commencing operation on July 1, 1976, in accordance with the terms and conditions set forth herein. City does hereby grant to the AztecBus Lines, a coporation, its succes- sors and assigns, the privilege to operate over and upon the public streets of the City of Chula Vista, along certain routes and in accordance with certain schedules to be established in the manner provided herein, excepting those routes which are serviced by other operators of public transportation and utilizing bus units the number and nature as provided herein forthe purpose of carrying passengers for hire between the points designated on the routes established. SECTION 2. VEHICLES TO BE PROVIDED AND STORAGE THEREOF. Bus Company agrees to provide an adequate number of units of buses of the transit type subjectto the approval of the Director of Public Works. Bus Company is presently serving the City of Chula Vista with six (6) bus unitsof the forty-five (45) passenger diesel transit type which are hereby approved as the number and type to be used in the service of intra-city bus transits. It is agreed that any units utilized will be clearly marked and identified as the Chula Vista Intra-City Bus Service or such other designation as approved by the Director of Public Works and that Bus Company will conform at all times to the requirement of identification in a prom- inent manner. All identification signs, insignia, colors to be used on the buses, and the number and placement of advertising material on the exterio rof the buses shall be subject to the approval o£ the City of Chula Vista. City agrees to provide at the City shops - 1 - located at the northwest corner of "F" Street and Woodlawn Avenue in the City of Chula Vista necessary spaces for the storage of said units. Said spaces shall be designated and Bus Company shall insure that no other area of the shops are used for said purpose and shall exer- cise control over all of its employees to insure a maximum degree of security for City buildings and equipment subject to the control of the Director of Public Works of the City of Chula Vista. SECTION 3. SUPPLEf~iENTAL UNI In addition to the basic units to be operated in the manner and alongthe routes and in accordance with the schedules established and the methods provided herein, Bus Company shall also provide any necessary additional or supplemental units required to be used as augmentation or back-up for the normal operation during peak hours or times of excessive demand upon the service, or in the event of a breakdown of an assigned unit. City agrees that said supplemental units may also be stored in a designated area at the City yard located at "F" Street and Woodlawn Avenue in the City of Chula Vista subject to security controls as set forth in Section 2 herein above. These supplemental units need not be uniquely designed or configurated as the basic units are required to be. SECTION 4. ROUTES ESTABLISHED. Bus Company agrees to proceed across the streets of the City of Chula Vistaalong routes established by consultation with the Direc- for of Public Works. Said routedesignations both as to number and particular streets utilized, and bus stops designated, shall be subject to the approval of the Director of Public Works and any change therein must first be approved by the Director of Public Works. The routes as delineated on the City map shall be kept on file in the office of the City Clerk. It is understood and agreed that any bus stops so designated for bus units shall be prescribed by the Traffic Engineer of the City of Chula Vista. The Traffic Engineer shall cause curbing to be appropriately marked and provide necessary signs and the installa- tion thereof. Bus Company agrees toadhere strictly to the routes as describedon the map on file in the office of the City Clerk, provided, that subject to the approval of the Director of Public Works, reasonable requests for modification of routes based upon experience may be under- taken. It is further understood and agreed that all routes shall conform to the limitations of Section 214 of the Public Utilities Code of the State of California. On Sunday, Bus Company agrees to proceed across the streets of the City of Chula Vista along Route B, as desig- nated on the City map kept on file in the office of the City Clerk. SECTION 5. OPERATING SCHEDULE Bus Company agrees to operate bus units, the type and number as set forth hereinabove, in accordancewith the schedule as approved by the Director of PublicWOrks on file in the office of the City Clerk. The operation of service on all routes shall be between 6:00 a.m. and 10:00 p.m, each day, Pdonday through Friday; all routes between 6:00 a.m. and 6:00 p.m. each Saturday and between 5:00 a.m. and 6:00 p.m. on Route B on Sunday. Adjustment of said schedules may be indicated by experience and may be modifiedwith the approval of the Director of Public Works,and all said approved schedules or modifications thereof shall be on file in the office of the City Clerk. It is further agreed that Company shall not be required to operate on the following holidays when said holidays fall uponthe days rlonday through Saturday (or Mondays or Fridays celebrated in lieu thereof): New Year's Day, Memo- rial Day, July 4th, Labor Day, Thanksgiving and Christmas Day. Bus Company further agrees that all units operating pursuant to said schedule shall clearly display signing "Chula Vista City Bus Lines" at all times. - 2 - SECTION 6. OPERATION TO BE EY.CUSED. Operation by Bus Company under the terms and conditions of this agreement shall be excused while and so long as Bus Company shall be prevented from operating by war, riot, insurrection, acts of God, strikes, lockouts, or other labor disturbances; inability to procure fuel, tires or other necessary supplies; legislation, national or state or local; lawful orders of public regulatory bodies or agen- cies havingjurisdiction with respect to said operation; or by any other causes of any kind beyond the control of the Bus Company. SECTION 7. MAINTENANCE AND REPAIRS. Bus Company agrees to accept full responsibility for main- tenance, repair and any necessary replacement of company owned units and routine maintenance and repair of city owned units, and to keep said units in safe and good running condition, and guarantees the availability of the number of units agreed upon as being appropriate to maintain the schedules as approved by the Director of Public Works; provided, further, that the City shall work with Bus Company in order to make possible the immediate substitution of bus units and shall allow the use of the City yard for emergency repair work only. SECTION 8. FARES ESTABLISHED. Bus Company agrees to charge a standard fare of thirty-five cents ($0,35) per passenger forall individual passengers during all hours of operation; provided, however, that all children under the age of six (6) years shall be allowed to ride without charge if accom- panied by a fare-paying passenger. Seniors aqe sixty (60) and over and handicapped persons and students up toand including the twelfth grade shall pay a fare of fifteen cents ($0.15). SIIOnthly passes shall be provided giving unlimited riding for a full calendar month as follows: Saver Pass $14 per month Gold Pass (seniors and handicapped) $ 6 per month Student Pass (up to and including the twelfth grade) $ 6 per month All of the above fares shall become effective on September 12, 1976. SECTION 9. TRANSFER RIGHTS. Bus Company agrees to provide, free of charge, transfers which may be used for transferring from one bus route to another within the City of Chula Vista and with the San Diego Transit Cor- '. poration, at the designated transfer points as shown on the map on file in the office of the CityClerk as approved by the Director of Public Worksin accordance with rules established by the City. SECTION 10. PAYMENT AND FARE REVENUE AGREEMENT. It is agreed that the City will pay $.70 per mile for an estimated yearly mileage of 376,800 miles for Monday through Sunday bus service. Said payment to Bus Company will be pursuant to the terms and conditions of this agreement, and shall be quarterly, in advance, on the 15th day of the month, at the beginning of each quarter, commencing with the 15th of July, 1976. Said guarantee shall be mailed by the Director of Finance to Bus Company at their San Diego address, 4437 Twain Avenue, San Diego, California. It is agreed that Bus Company shall account for, and pay to, City all fare revenues received. Said payment to City shall be monthly, on the 15th of the month, following the month in which fare revenue is collected by the operating units of Bus Company. It is further understood and agreed that City shall receive the sum o£ Five Hundred Dollars ($500.00) for the use of all vehicles for the charter service of Bus Company, which sum shall be paid by Bus Company prior to June 30, 1977. SECTION 11. COLLECTION OF FARE BOX REVENUES. It is understood and agreed between the parties hereto that Bus Company's drivers shall prepare duplicate receipts daily recording the total fares collected each day. Duplicate receipts prepared by Bus Company's drivers shall be so prepared on a standardized form clearly marked as "Original" and "Duplicate/True Copy". The original shall be delivered to the Bus Company at its central office and the duplicate/true copy shall be deliveredto the Director of Finance of the City of Chula Vista. Said receipts shall be submitted at the close of each work day. Bus Company shall be responsible for all accounting tasks necessary to provide appropriate information to the Director of Finance of the City of Chula Vista, which accounting information shall besubject to review by the Director of Finance or the inde- pendent auditor employed by the City at any time. It shall be ex- pected that the accounts of Bus Company and any financial information relative to the operation of Bus Company in the City of Chula Vista shall be open for inspection by the Director of Finance or the inde- pendentauditor of City at any time. SECTION 12. INSURAPSCE REQUIRES~iENTS. Bus Company agrees to carry and keep in full force and effect throughout the period of this agreement liability insurance in a mini- . mum amount of a single limit of FIVE MILLION DOLLARS ($5,000,000.00) with first dollar coverage; which insurance policy shall name the City of Chula Vista as co-insured, and a copy of said policy shall be kept on file in the office of the City Clerk of the City of Chula Vista. Bus Company shall also secure and maintain, during the life of this agreement, adequate Workmen's Compensation insurance covering all persons employed by Bus Company, and shall furnish the City with certificates showing that all insurance is in effect. SECTION 13. COMPLIANCE WITH LAW Bus Company further agrees that it will comply with all local, state and federal laws and regulations pertaining to the work ofany laborer, workman or mechanic, and will keep accurate records of the hours and times worked by any such laborer, workman or mechanic. SECTION 14, INDEPESdDENT CONTRACTOR. Bus Company shall carry out the terms of this contract as an independent contractor, and not as an agent or employee of the City. SECTION 15. BUS ADVERTISING RIGHTS AND REVENUES. It is further understood and agreed that Bus Company shall have complete control over thesale of advertising on any of the operating units; provided, however, City shall have the right to use any spaces not-under contract at the time the requests may be made by the City to use said spaces free for any advertising deemed rea- sonable for the City in promoting community interests. SECTION 16. REPORTS TO CITY. Bus Company herein agrees to forward quarterly financial statements to the City within fifteen days (15) of the close of the previous quarter. Bus Company shall also forward to the City an audited annual report within forty-five (45) days of the end of the fiscal year. The format and scope of said reports shall be as designatedby the Director of Public Works. In addition, Bus Company shall make such reports as may be requested from the City Council or the Director of Public Works. - 4 - SECTION 17. HOLD HART9LES5. Bus Company shall assume the defense of, and indemnify and save harmless the City fromany and all claims, loss, damage, injury and liability of every kind, nature and description, directly or in- directly arising from the performance of this agreement. SECTION 18. TERM OF AGREEMENT. The term o£ this agreement shall be for a period of twelve (12) months, commencing July 1, 1976, and terminating on June 30, 1977. However, it is the intent of the City of Chula Vista to renegotiate its contract with Aztec Bus Lines if the local, state and federal situation warrants and allows such action. SECTION 19. TERMINATION OF AGREEMENT. It is further understood and agreed that either party to this agreement may cancel said agreement for reasonable cause by written notice delivered to the Director of Public Works, 276 Fourth Avenue, Chula Vista, California 92010 or to Mr. P. J. Doogan, General Manager (or other officer of the Bus Company), Aztec Bus Lines, 4437 Twain Avenue, San Diego, California 92120. Said cancellation notice shall provide for terminating ninety (90) days from the date of delivery; provided, further that said delivery date must be on or before the first day of any month commencing a quarterly period, i.e., March 1, and said ninety (90) day cancellation period shall be deemed for purposesof this agreement, to mean a three (3) month period from the dateofdelivery of the written notice. At the termination of said three (3) month period, all rights and obligations of the parties hereto shall be forthwith be extinguished and terminated. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. AZTEC BUS LINES P. J.-DOOgan, en a an ager _ / C ~~~' City torney - 5 - Approved as to form by