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HomeMy WebLinkAboutReso 1988-13509 RESOLUTION NO. 13509 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SCOOT FOR TRANSIT SERVICE DURING FY 1988-89 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 by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and SCOOT for transit service during FY 1988-89 dated the 5th day of April , 1988, 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 Approved as to form by 6f Public Works Attorney 0374a -- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 5th. day of April 19 . a~ , by the following vote, to-wit: AYES: Councilmembers McCandliss, Malcolm, Cox, Moore NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci ]members Nader ~~~~l~'Chulo Vista ATTEST ~ // ' City (le~' S ~ ATE ~ CAUFORNIA ) COUNTY OF SAN DIE~ ) ss, CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. ~3509 ,and that the same has not been amended or repealed DATED City Clerk CIW OF CHUIA VIS[A CC-660 AGREEMENT BETWEEN SOUTH COAST ORGANIZATION OPERATING TRANSIT AND THE CITY OF CHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES FY 1988-89 THIS AGREEMENT is entered into by and between the City of Chula Vista, hereinafter called "City", and the South Coast Organization Operating Transit, hereinafter called "Operator". RECITALS WHEREAS, Operator will operate a public bus transportation system known as Chula Vista Transit (CVT} within the City of Chula Vista and its immediate environs; and WHEREAS, Operator and City are desirous of having Operator provide transit service to areas within the jurisdiction of City; and WHEREAS, Operator is unable to provide satisfactory and adequate service to the citizens of City without the financial aid of City; and WHEREAS, City recognizes the value of the service to be provided by Operator to its citizens and is willing to contract with Operator to provide transportation service through the incorporated area of City and within certain designated locations therein; and WHerEAS, SCOOT is an eligible transit operator to the extent authorized by Section 99210 of the Public Utilities Code, and WHEREAS, Public Utilities Code Section 99288 authorizes City and Operator to enter into a contract for Operator to provide such public transportation service in the incorporated area of the City and permitting Operator, when such contract is entered into, to claim for local transportation purposes from the Local Transportation Fund the apportionment of the City, or so much thereof as may be agreed upon, in the manner provided in Article 4 (commencing with Section 99260} of the Mills-Alquist-Deddeh Act (Ch. 4, Pt. ll, Div. lO of the Public Utilities Code); NOW, THEREPORE, IT IS MUTUALLY AGREED between the parties hereto, upon the following terms, covenants and conditions: SECTION 1. Public Bus Transportation System: A. Operator hereby agrees to provide public bus transportation services through and within the incorporated area of City for the benefit of citizens of and visitors to City, upon routes set forth on attached Exhibit A. B. In the provision of said transportation services along said routes, Operator shall substantially adhere to the route, frequency of operation and schedules of arrivals and departures set forth in said Exhibit A, and shall have the policy of free transfers to and from all CVT buses, all National City Transit buses, and with the Chula Vista Specialized Elderly and Handicapped Transportation System IHandYtrans), according to the regulations as stated on existing CVT transfers. C. Operator shall perform one passenger count of passengers boarding and departing the bus within the incorporated area in conjunction with the San Diego Association of Governments counting program. This count will be made for all scheduled trips for a one week period, ~onday through Saturday. A report summarizing the results of this count will be submitted to City no later than three weeks after count has been taken. Additionally, Operator shall submit monthly passenger ridership and mileage counts, by route, to City. SECTION 2. Consideration for Services: A. As and for consideration for the foregoing services, City hereby agrees that Operator, with authorization, may include in any claim filed or to be filed for the Fiscal Year 1988-89 with the Regional Transportation Planning Agency in San Diego County under the provisions of Article 4 {commencing with Section 99260) of the Mills-Alquist-Deddeh Act (Chpt. 4, Pt. ll, Div. lO of the Public Utilities Code) an amount up to but not exceeding the apportionment to the incorporated area of the City of Chula Vista. B. It is hereby agreed by and between the parties that Operator will provide all the services described in Exhibit A hereto from July l, 1988, to June 30, 1989, and that if Operator shall perform only a portion of such services, Operator shall be entitled to actually receive from the Regional Transportation Planning Agency only an amount equal to that percentage of the total amount which the amount of service rendered bears to the total amount of service, as determined by reference to Exhibit A and the period of time for which any partial service is rendered. C. In furtherance of paragraph B, Operator shall be entitled to receive the consideration hereunder in twelve (12) equal payments starting on July 1, 1988, and ending on June 30, 1989. D. In the event that the amount allocated to Operator by the Regional Transportation Planning Agency is insufficient to meet the cost of services hereunder as set out in Exhibit A, Operator agrees to immediately so notify City. City agrees in that event that this agreement shall be amended to reduce the services hereunder or to pay to Operator from other sources the amount necessary to meet the balance owing. SECTION 3. Vehicles to be Provided and Storage Thereof: Operator agrees to provide an adequate number of units of buses of the transit type subject to the approval of the Chula Vista Transit Coordinator. Operator will serve the City of Chula Vista with nineteen (19) bus units in FY1988-89 which are hereby approved as the number and type to be used in the service of intra-city bus transit. It is agreed that any unit - 2 - utilized will be clearly marked and identified as the Chula Vista Transit Service and such units will contain route designation signs located in the top front window compartment of each unit and will constantly be used on the respective route except in cases of bus breakdown or emergency maintenance. It is further agreed that this and any other such designation approved by the Chula Vista Transit Coordinator will be appropriately implemented by t~e Operator and its employees. Operator will paint all coaches that will be newly placed in Chula Vista Transit Service in the appropriate color scheme. All identification, signs, insignia and colors to be used on the buses shall be subject to the approval of the City. City agrees to provide at the City of Chula Vista shops, located at the northwest corner of "F" Street and Woodlawn Avenue in the City of Chula Vista, necessary spaces for the storage and maintenance of said units. Said spaces shall be designated and Operator shall insure that no other area of the shops are used for said purpose and shall exercise control over all of its employees to insure a maximum degree of security for City of Chula Vista buildings and equipment subject to the control of the Transit Coordinator of the City of Chula Vista. Operator agrees that any and all basic and supplemental units which are designated for use in the Chula Vista Transit operation and which are permanently identified as such by distinctive colors, painted designs, signs or other means will be reserved for exclusive use in said operation and will not be used for hire by other persons, or groups of persons, company, organization, etc. Operator further agrees that said vehicles will not be operated on public streets for any purpose other than required to operate, maintain, repair, wash, license, fuel, shuttle, or other activity associated with the normal operation of the Chula Vista Transit System unless specifically authorized by the Transit Coordinator, or his designated representative. Prior to leasing and/or acquiring any replacement or additional vehicles used in Chula Vista Transit Service, Operator will notify the Chula Vista Transit Coordinator, or his designated representative. The Chula Vista Transit Coordinator will have the authority to inspect and/or reject any buses proposed for Chula Vista Transit service based on industry accepted operational/maintenance standards. SECTION 4. Insurance: Operator shall carry and maintain in full force and effect throughout the term of this Agreement, a public liability insurance policy with a single limit of not less than TEN MILLION DOLLARS/$10,000,000). Operator will be responsible for any deductible, and will be liable for such payment under any insurance claim made naming City of Chula Vista and County of San Diego as co-insureds, and a copy of such binder shall be filed with the City Transit Coordinator before commencement of rendition of services hereunder. The insured waives any right of subrogation against City which may arise by reason of any payment under this policy. This is considered primary coverage for additional insureds. Operator also agrees to secure and maintain during the term of this Agreement, Worker's Compensation Insurance covering all employees of Operator employed in the rendition of services hereunder, and shall furnish City Transit Coordinator with Certificates evidencing that such insurance is in effect. 3 SECTION 5. Audit: The City Finance Director shall verify and report in writing, as soon as possible after the first day of July, October, January, and April of each fiscal year, to Operator and to the County of San Diego the amount of SCOOT funds he holds, the amount of receipts since his last report, and the amunt paid out since his last report. The City Finance Director shall either make or shall contract with a certified public accountant to make an annual audit of those accounts and records of SCOOT within 180 days after the end of each fiscal year. The minimum requirements of the audit shall be those prescribed by Section 6505 of the Government Code as well as by Section 99245 of the Public Utilities Code. The audit shall conform to generally accepted auditing standards. Within 180 days following the end of each fiscal year, a report of the audit covering that fiscal year shall be filed as a public record with the Auditor of the City of Chula Vista and County of San Diego. All costs of the audit shall be borne by Operator and shall be a charge against any unencumbered funds of SCOOT available for that purpose. Audits required by the Transportation Development Act shall be undertaken in accordance with the requirements of this Act. City may audit SCOOT records at any time during normal business hours. SECTION 6. Indemnification: A. City, its agents, officers, and employees, shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or death of them, or any of them, caused by or resulting from any negligent act or omissions of Operator, not including liability by reason of acts or omissions caused by City, its agents or employees; and Operator, its agents, officers, and employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or death of them, or any of them, caused by or resulting from any negligent acts or omissions of City, or its agents, employees, or representatives, not including liability by reason of acts or omissions caused by Operator, its agents or employees. B. Operator further agrees to indemnify, and save free and harmless City and its authorized agents, officers and employees against negligent acts or omissions caused by Operator, and any cost and expenses incurred by the respective parties on account of any claim therefor, and City agrees to indemnify and save free and harmless the Operator and its authorized representatives and employees against negligent acts or omissions caused by City, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor. C. It is contemplated by the parties that this indemnity agreement is not limited in any way by the extent of any policy of insurance currently in force and held by either party. - 4 - SECTION 7. When Rights and Remedies Not Waived In no event shall any payment by City hereunder constitute or be construed to be a waiver by City of any breach of conditions or any default which may then exist or while any such breach or default shall exist in no way impairs or prejudices any right or remedy available to City with respect to such breach or default. SECTION 8. Integrated Document: This document embodies the agreement between City and Operator for the transportation service described herein and its terms and conditions. No verbal agreements or conversations with any officer, agent or employee of City prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City. SECTION 9. Severability of Provisions: If any provisions of this Agreement are held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. SECTION lO. Term of Agreement: The term of this Agreement shall be from July 1, 1987, to June 30, 1988. SECTION ll. Termination: It is understood and agreed that either party to this agreement may cancel said agreement for reasonable cause {i.e., a failure by either party to substantially perform in accordance with the terms and conditions of this contract), by written notice. Said cancellation notice shall provide for terminating sixty (60) days from the date of delivery. It is understood and agreed that during this period of time both parties shall work toward satisfying the cause or reason(s) for the request for termination in a manner mutually beneficial to the parties. If a mutual agreement cannot be worked out, then all rights and obligations of the parties hereto shall forthwith be extinguished and terminated at the termination of said sixty 160) day period. In the event of termination by either party, as stated above, City's liability hereunder will be limited to the pro rata share of the monthly compensation for work or services performed prior to the effective date of termination. SECTION 12. Independent Contractor: Operator is, for all purposes arising out of this Agreement, an independent contractor and no direct employee of Operator is, for any purpose arising out of this Agreement, an employee of City. -5- SECTION 13. Equal Opportunity and Affirmative Action: Operator shall be in compliance with all Equal Opportunity and Affirmative Action Laws. SECTION 14. Sale or Transfer: Operator agrees that it will not sell, assign, or transfer in whole or in part, any right, title, or interest it possesses by reason of this agreement to any other person, without first obtaining the written consent of City to such sale, assignment or transfer. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective representatives thereunto duly authorized on this 12th day of April , 1988. THE CITY OF CHULA VISTA SCOOT Mayo~of ~e~ity of Ch~la Vista ~x Chai 0 Board of Directors Approved as to form by: SCO~~/~,-,'~T- , . WPC 0078T -6- EXHIBIT A-1 CVT PROJECTED SERVICE & COST SUMMARY* FY 1988-89 GROSS COST PROJECTED REVENUE @ NET ROUTE MILES @$2.60/MILE PASSENGERS $0.42/PASS. COST 701 127,504 $331 510 204,000 $85 680 $245,83~ 702 53,276 $138 518 77,000 $32 340 $106,178 702A 71,378 $185 583 ll2,000 $47 040 $138,5~3 703 67,491 $175 477 78,000 $32 760 $142,717 704 83,191 $216 297 128,700 $54 054 $162,243 705 63,030 $163 878 109,500 $45 990 $117,888 706 24,226 $62 988 71,000 $29 820 $33,168 706A 23,027 $59 870 22,000 $9,240 $50,630 707 55,820 $145 132 67,000 $28,140 $116,992 708 13,355 $ 34,723 28,800 $12,096 $ 22,627 TOTALS 582,298 $1,513,976 898,000 $377,160 $1,136,816 * Includes all service and costs for CVT operations in FY 1988-89 except those associated with County service on Route 705. -7- EXHIBIT A-2 Route Descriptions FY1988-89 Route 70] Hilltop Drive - Melrose: Beginning at the "H" Street Station, east along "H" Street to Fourth Avenue, north on Fourth Avenue to "F" Street, to First Avenue, to "H" Street, to Hilltop Drive, to Palomar Street, to Second Avenue, to Quintard Street, to Hilltop Drive, to Main Street, to Otay Valley Road, to Regency Way, to Rancho Drive, to Melrose Avenue, to Rienstra Street, to Hilltop Drive, to Quintard Street, to Second Avenue, to Palomar Street, to Hilltop Drive, to "H" Street, to First Avenue, to "F" Street, to Fourth Avenue, to "H" Street, and return to the "H" Street Station. Route 702 - Palomar Station via Hilltop & Melrose: Beginning at the "H" Street Station, east along "H" Street to Fourth Avenue, north on Fourth Avenue to "F" Street, to Second Avenue, to "J" Street, to Hilltop Drive, to "L" Street, to Melrose Avenue, to Palomar Street, and to Palomar Station. Inbound trip to "H" Street Station is on the same streets noted above. Four side trips to the Brentwood Trailer Park on Industrial Boulevard are made each day. Route 702A begins outbound from the "H" Street Station, east along "H" Street, north on Broadway, east on "D" Street, south on Fourth Avenue and follows the same route as Route 702 at "F" Street and Fourth Avenue for the rest of the trip. Inbound trip to "H" Street Station is on the same streets as noted above." Route 703 - "J" Street-Oleander via Melrose: Beginning at the "H" Street Station, east along "H" Street to Fifth Avenue, south of Fifth Avenue, to "J" Street, to Lori Lane, to Crest Drive, to Oleander Avenue, to Palomar Street to ~lelrose Avenue, to ~lain Street, to O1 eander Avenue, to Sequoia Street at Brand3~vine Avenue. Inbound from Sequoia Street and Brand)~vine, west on Sequoia to Oleander Avenue, north on Oleander Avenue, to Crest Drive, to Lori Lane, to "J" Street, to Fifth Avenue, to "H" Street, and return to the "H" Street Station. Eleven side trips to the Community Hospital are made each day. Route 704 - Southwestern College via Fourth Avenue and Naples: Beginning at the "H" Street Station, east along "H" Street to Fourth Avenue, south on Fourth Avenue, to Naples Street, to Oleander Avenue, to Telegraph Canyon Road, to Buena Vista Way, to East "H" Street, to Ota~ Lakes Road, to Southwestern College. Inbound trip to the "H' Street Station is on the same streets noted above. WPC 0078T - 8 - Route 705 - Southwestern College - Bonita via "E" Street: Beginning at the "H" Street Station, east along "H" Street to Fifth Avenue, north on Fifth Avenue, to "E" Street, to Bonita Road, to Bonita Mesa Road, to Mesa Vista Way, to Sweetwater Road, to Willow Street, to Bonita Road, to Otay Lakes Road, to Gotham Street to Rutgers Avenue, to Otay Lakes Road at Southwestern College. Inbound from Otay Lakes Road, to Bonita Road, to Willow Street, to Sweetwater Road, to Mesa Vista Way, to Bonita Mesa Road, to Bonita Road, to "E" Street, to Fifth Avenue, to "H" Street, and return to the "H" Street Station. Route 706 - "Downtowner" - Third Avenue Shopping Area - Civic Center: /706A Beginning at the "H" Street Station, east along "H" Street to Fourth Avenue, north on Fourth Avenue, to "C" Street, to Third Avenue, to "I" Street, to Fifth Avenue, to "H" Street, and return to the "H" Street Station. Route 706A follows the above route in the opposite direction with each trip beginning and ending at the Bayfront Station. Route 707 - Southwestern College via East "H" Street: Beginning at the "H" Street Station, east along "H" Street to East "H" Street, north on Hidden Vista, west on Windrose Way, south on Smoky Circle to Hidden Vista, east on East "H" Street, to Paseo Del Rey, east on East "J" Street, south on River Ash, to Blackwood Road, south on Paseo Ladera, to Telegraph Canyon Road, to Otay Lakes Road and Southwestern College. Inbound trip from the College is through Apache Drive off Otay Lakes Road and follows the above route in the opposite direction from Telegraph Canyon and Apache Drive. Eight of eleven daily trips make a side trip to EastLake Information Center via East "H" Street. Route 708 - Beginning at the Bayfront/"E" St. Station, exit the station, north on Woodlawn, west on "E" Street into the Park & Ride lot at "E"/Bay Blvd., exit the lot, west on "E" Street, into the Nature Interpretive Center. Inbound trip follows the same route as the outbound trip in the opposite direction. WPC 0078T -9-