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HomeMy WebLinkAboutReso 1970-55341 ' ~'ox~ ~ No. ' ?~4.2 F e ;J._ _ 1. .b 9 RESOLUTION NO. 5534 RESOLUTION 0~ THE CITY COUNC z L OF' THfE C'TTY t~F C.~iULA VISTA, A-PPR(?~JII~TG AGREEMENT BETWEEI~T 'I`HE CITY OF C'HJLI~ VISTA AND AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA AND Ar~THORi Z INu THE MAYOR TO EXE rJ': E SAID AGREEMFN•T The City Council of the City of Chub Vista does re~eby re5o"~=e as follows : NOW, THEREFORE, BE IT .RESOLVED that }Yiat cerrasn gr~emar ~:: k~-twe.era THE CITY OF CHULA VISTA, a municipal :~~:rporatior:, and Aztec Bus Lines, a California corporation, to provide intra-city bus service in the City of Chula Vista, d,~ted the 17th day of February _i9 ~~ , ~ ::cpy of wr;: ,"b M attached hereto ar~d :incorporated herein., the Lazne ss !~ho~~~r, *i~ ~ ~~~ ~;~, *. f ox th here~.n be , and the same is hereby appre:ved <. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the sum of $74,400.00 be appropriated from the unappropriated surplus of the General Fund for the purposes set forth hereinabove. BE IT FURTHER. RESOLVED that the Niayoc car; t-~;2 ~:. ty ~ r`~: _. Vista be, and he i.c hereby aut.hor~zed and directed to execute na,~ ~g:~eemQnt fog and on behalf of the City of Criul~ Vista, ;~r~ tiara.+~ed by don E. Thorn, Administrative fSfficer App;e~;~~ed as r, r,~.~ r,-; by George D. indberg, City Attor ADOPTED AND APPROVED by the C1T'Y COUNCZ.L~ ~3f the is t TY ?F '~'H~J1., j'I STA., CALIFORNIA, thl.s 17th day of February -~70 ~>~ *. i- ~- ,=~~ `w~-rag vote, to-w;~t: - ___._ A`JFS~ Councl.~.men Scott, Sylvester, Hamilton, Hyde, McAllister N~.YEU : Councilmen None F~Ei,FI~~T: Counsilmet None Mayor of r?'.e City :~i rz- _. a-:, Vi sr A~'TES ~° `' •` ..-c ,.~.~ --c .~ .c. - J ity Clerk S`i'A'T`E G~' CALIFORNIA C~:°I~NTY OF S.AN DIEGO ~ ss , C. ~ TY OF' CHULA ~JISTA I- A , City Clerk ;;z trae Ca ty "..~sta, California, DO HEREBY CERTIFY that. the aboue ns ~ n~..,_.:., _ ~~;:-~=~,~t copy of R sos.u±~Ior. No. and that. tk~e came L.<~,- ame,~d.ed ox xepea i ed , DATED :~ ~ . ;. L _. Cary ~:ierk . .. Form No. C.A 102 ' 7-66 CERTIFICATE OF CITY FINANCE OFFICER Certification of L'nappropri_ated Balance I HEREBY CERTIFY that the money required for the appropriation or rands for the nur~ose set forth in the attached resolution is available in the Treasury, or is anticipated to come into the `?'reasury, and is otherwise unappropriated. d ~- Amount $ ~~ C ~ Fund _ ~ Y,~y,,-~ = ~-~s _-~. Purpose _~~ ~/~~__ `~' ~~. ~. /-F/''~'~ C C ~-- /fZ~"~-~ _ ~~'/' / _ ~ ~f sE Z~Z ,t ~L_ ~~~~~ -r- Finance Officer The City of Chula Vista Date ~~ - ~` '3 - ~~~' BY Certification of Unencumbered Balance I HEREBY CERTIFY that the indebtedness and obli~- ation to he incurred k;y the contract or agreement author- ized by the attached resolution can. be incurred without the violation of a.ny of the provisions of the Charter of the City of_ Chu7_a Vista, or the Constitution or the laws of the State of Cal_i.fornia, that sufficient. monies have been appropriated f.or the purpose of said contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or are anticipated to come into the Treasury tc the credit of the appropriation from whi_cP. the same are to be dra~fm, and that said monies now actually in the Treasury, together with the monies antic- ipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered. Amount Not. to exceed $ Finance Otficer The City of_ Chula Vista Date Fund. Purpose Bidder By Dept./Acti_vity Certificate No. ;~ ~ ~s~~' AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this~day of ruar~ , 1970, by and between the CITY OF CHULA VISTA, a municipa corporation, hereinafter called "City"; and AZTEC BUS LINES, 4437 Twain Avenue, San Diego, California, 92120, a California corporation, hereinafter called "Bus Company"; W I T N E S S E T H WHEREAS, the City Council of the City of Chula Vista has heretofore directed that the Chief Administrative Officer prepare a report indicating the feasibility of establishing an intra-city bus service to facilitate the mobility of the citizens of the City of Chula Vista and to recommend the best method for implementing such a proposal, and WHEREAS, the Chief Administrative Officer and his staff have submitted to the City Council such a report, under date of December 22, 1969, and WHEREAS, subsequent to a review of said report which con- tained proposals from two major transit companies, and the following recommendation: "If after reviewing the above proposals by the two major transit companies indicated, it is the desire of the City Council to proceed with an intra-city bus system, it is recommended that the Council authorize staff to negotiate a detailed agreement with the Aztec Bus Lines to provide service as generally outlined above and that said agree- ment be brought to Council for consideration at the earliest possible date. Using the Aztec Bus Lines proposal, the maximum cost to the City for a one year trial period would be $62,400 if no fares were collected at any time during that one year period." the City Council concurred with said recommendation and directed that this agreement between the Aztec Bus Lines and the City of Chula Vista be prepared, and WHEREAS, the Aztec Bus Lines have indicated their desire to enter into such an agreement, to provide services in accordance with the proposal heretofore submitted, and set forth in this agree- ment, subject to the terms and conditions hereof. NOVT, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree 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 March 15, 1970, in accordance with the terms and conditions set forth herein. City does hereby grant to the Aztec Bus Lines, a corporation, its successors and assigns, the exclusive privilege to operate over and upon the public streets of the City of Chula Vista, along the routes hereinafter described, bus units in the number and design as described herein for the purpose of carrying passengers for hire between the points designated on said routes. -1- SECTION 2. VEHICLES TO BE PROVIDED AND STORAGE THEREOF. Bus Company will provide four (4) bus units of the forty-five (45) passenger diesel GMC transit type, as presently in use in its existing charter bus service. Said units will be clearly marked and identified as the Chula Vista Intra-City Bus Service or such other appropriate designation as derived by negotiation between the staff of the City of Chula Vista and representatives of the Bus Company. All identification signs, insignia, colors to be used on .the buses, and number and placement of advertising material on the exterior of the buses shall be subject to the approval of the City of Chula Vista prior to the commencement of the operation. City shall provide, at the City yard located at "F" Street and Woodlawn Avenue, spaces as desig- nated for the storage of said units. SECTION 3. SUPPLEMENTAL UNITS. In addition to the four (4) units to be operated in the manner and along the routes as indicated herein, Bus Company will also provide two (2) additional or supplemental units of the forty-five (45) passenger diesel GMC transit type to be used as augmentation or back-up for the normal operation during peak hours or times of exces- sive demand upon the service, or in the event of 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 [aoodlawn Avenue in the City of Chula Vista. SECTION 4. ROUTES ESTABLISHED. Bus Company and City agree to the establishment of three (3) bus routes, to be known as Route "A", Route "B" and Route "C", which are more particularly described in Exhibits "A", "B" and "C", attached hereto and incorporated herein by reference as if set forth in full, and as shown on the map attached hereto as Exhibit "D" and incorporated herein by reference. Said exhibits also set forth the proposed location for regular bus stops and a sample schedule which would be observed by Bus Company's drivers. It is understood and agreed that said bus stops are approximate or general locations and precise areas to be designated for stopping of said 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 installation thereof. Bus Company agrees to adhere strictly to the routes as described in the exhibits attached hereto, and the stopping points as delineated by the Traffic Engineer of the City of Chula Vista; provided, however, that said routes and stopping points may be adjusted or amended by mutual con- sent of the parties hereto, based upon experience gained during the course of the operation of the bus routes. SECTION 5. OPERATING SCHEDULE. Bus Company agrees to operate two (2) bus units on Route "A", one (1) bus unit on Route "B'° and one (1) bus unit on Route "C", in accordance with the sample schedules set forth herein in Exhibits "A", "B" and "C". Said units shall commence their operation at 6:00 a.m. each day, Monday through Saturday, and shall operate scheduled service at thirty (30) minute intervals from said hour of 6:00 a.m. to 6:00 p.m. each day, Monday through Saturday, and at hourly intervals from 6:00 p.m. to 10:00 p.m. on said days. SECTION 6. OPERATION TO BE EXCUSED. 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- labor; inability to procure or maintain equipment; inability to procure gasoline, oil, tires or other necessary supplies; legislation, national or state or local; lawful orders of public regulatory bodies or agencies having jurisdiction with respect to said operations; or by any other cause of any kind beyond the control of the Bus Company. - 2 - ~ ~S~ T __ SECTION 7. MAIIQTENANCE AD1D REPAIRS . Bus Company agrees to accept full responsibility for main- tenance, repair and any necessary replacement of said units, and to keep said units in safe and good running condition, and guarantees the availability of said four (4) units in accordance with the schedules set forth hereinabove; provided, however, City agrees to maintain an available communications system at the City yard where the supplemental two (2) bus units are to be stored, in order to make possible the immediate substitution of bus units in the event of any breakdown or stoppage of the regularly scheduled bus units, and further, to allow the use of the City yard for emergency repair work. SECTION 8. FARES ESTABLISHED. Bus Company agrees to charge a standard fare of twenty- five cents ($0.25) per passenger for all 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 an adult. It is further understood and agreed that exact fares must be presented and drivers employed by Bus Company shall not be required to make change nor shall they have any change available for such purpose. SECTION 9. TRANSFER RIGH^1S. Bus Company agrees to provide, free of charge, transfers which may be used only for transferring from one bus route to another within the City of Chula Vista at the designated transfer points as shown on Exhibit "D" attached hereto. Said transfers shall be good and valid only for a period of two (2) hours from the time of issuance. Bus Company further reserves the rights to all advertising proposals and fees derived therefrom which may be used on said transfers. SECTION 10. PAYMENT AGREEMENT AND SHARING OF FARE REVENUES. It is understood and agreed by and between the parties that Bus Company shall receive the sum of FIFTY DOLLARS ($50.00) per day for the four (4) operating units, for a total of TWO HUNDRED DOLLARS ($200.00) per day from the City. City agrees to pay said guarantee of TWO HUNDRED DOLLARS ($200.00) per day to Bus Company, quarterly, in advance, on the 15th day of the month, at the beginning of each quarter, commencing with the 15th day of March, 1970. Said guarantee shall be mailed by the Finance Officer to Bus Company at their San Diego address, 4437 Twain Avenue, San Diego, California 92120. In addition, City will pay to Bus Company ninety percent (900) of the fare box revenues for the first TWENTY-FIVE DOLLARS ($25.00) of said fare revenues per unit, per day, and twenty percent (20e) of the fare box revenues for all amounts over TWENTY-FIVE DOLLARS ($25.00) per unit, per day. It is understood and agreed that said fare box revenues shall be averaged among the four (4) units to provide said basis for distribution of fare box revenues. It is further under- stood that fare box revenues from the standby units would also be con- tributed to total fare box revenues and averaged among the four (4) basic operating units. Bus Company would receive ninety percent (900) of the total fares up to ONE HUNDRED DOLLARS ($100.00) and twenty percent (20%) of the total fare revenues exceeding ONE HUNDRED DOLLARS ($100.00) and City shall retain ten percent (10%) of the fare revenues up to ONE HUNDRED DOLLARS ($100.00) and eighty percent (80%) of the fare revenues exceeding ONE HUNDRED DOLLARS ($100.00) per day for the four (4) units. It is further understood and agreed that City will receive ten percent (10~) of any charter operations performed by any of the six (6) units assigned to the City of Chula Vista, and Bus Company will receive ninety percent (90o) of the revenues of such charter operations. -3- ~~ ~~j 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, and that all fare boxes shall remain intact for a period of one (1) week or such other period of time as may be mutually agreed upon, and all fares shall be collected by the Finance Officer or his designated representative at a collection point and time to be mutually agreed upon. 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 delivered to the Finance Officer of the City of Chula Vista. Said receipts shall be submitted at the close of each work day. All fare box revenues shall be held by the Finance Officer of the City of Chula Vista and a duplicate of his accounting of such revenues shall be remitted to Bus Company following the counting of the revenues. Further, City shall remit to Bus Company at the end of each quarter, commencing on June 14, 1970, their proportionate share of the fare box revenues in accordance with the terms and conditions as set forth in Section 10 of this agreement. Said remittance shall be mailed by the Finance Officer of the City of Chula Vista to Aztec Bus Lines at 4437 Twain Avenue, San Diegc, California 92120. SECTION 12. INSURANCE REQUIREMENTS. Bus Company agrees to carry and keep in full force and effect throughout the period of this agreement liability insurance in a minimum 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 a 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 live of this agreen;ert, 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 of any laborer, workmar. or mechanic, and will keep accurate records of the hours and times worked by any such laborer, workman or mechanic. SECTION 14. INDEPENDENT CONTRACTOR. Bus Company shall carry out the terms of this contract as an independent cartractor, and not as an agent or employee of the City. SECTION 15. BUS RIDERSHIP PROMOTION. City further agrees to pay to Bus Company the sum of TWELVE THOUSAND DOLLARS ($12,000.00) to assist in or defray the cost of bus ridership promotion. Said promotion shall include, but need not be limited to, retention of a professional advertising agency, use of the full variety of advertising techniques and news media, the cost of signs at the bus stop locations, as recommended and provided by the Traffic Engineer of the City, and any other public relations work deemed desirable by Bus Company to advance the interests of this pro- ject. City will pay to Bus Company the sum of SIX THOUSAND DOLLARS ($6,000.00) of the total TWELVE THOUSAND DOLLARS ($12,000.00) upar. the execution of this agreement. Thereafter, City will deliver to Bus Company, on a quarterly basis, in advance, the sum of FIFTEEN HUNDRED DOLLARS ($1,500.00) commencing on March 15, 1970, unless this agreement shall have been terminated in accordance with the provisions set forth herein, in which case, no sums for promotional purposes as yet unpaid shall be due and owing to Bus Company, but no unexpended sums already paid to Bus Company need to be returned to City. Bus Company shall provide a detailed itemized statement of expenditure of funds provided for ridership promotion, and no funds authorized hereir. shall be expended for entertainment purposes. ~~ 5 3~ -~- -.~ SECTION 16. BUS ADVERTISING RIGHTS AND REVENUES. It is understood and agreed that City shall have exclusive rights to the use or sale of all advertising space, both inside and outside of the bus units, and all revenues derived from the sale of advertising space shall be reserved to the City; provided, however, F' that any advertising for bus ridership promotion undertaken by Bus Company may utilize such space without charge. SECTION 17. HOLD HARMLESS. Bus Company shall assume the defense of, and indemnify and save harmless the City from any 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 of this agreement shall be for a period of one (1) year, commencing March 15, 1970, and terminating on March 14, 1971; provided, however, Aztec Bus Lines shall have the option to renegotiate and renew this agreement for an additional period of two (2) years. SECTION 19. TERMINATION OF AGREEMENT. It is further understood and agreed that either party to this agreement may cancel said agreement by written notice delivered to the Chief Administrative Officer, 276 Guava 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 termination ninety (90) days from the date of delivery; provided further that said delivery date must be on or before the 15th day of any month commencing a quarterly period, i.e., June 15th, September 15th or December 15th of 1970, and said ninety (90) day cancellation period shall be deemed, for purposes of this agreement, to mean a three (3) month period from the date of delivery of the written notice. At the termination of said three (3) month period, all rights and obligations of the parties hereto shall 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. THE CITY OF CH/ULA VISTA AZTEC BUS LINES ~' ~ l ~./ ~ Mayor of the City of Ch a Vista _M Do General Manager C,,, .. ATTEST ~~ ~~~'i" ~~~ City clerk Approved as to form by George D. indberg, City Attorney - ~- ~~~~