HomeMy WebLinkAboutReso 1987-12974 12974
RESOLUTION NO.
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 1987-88
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NO%~, 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 SOUTH COAST
ORGANIZATION OPERATING TRANSIT for public transportation services
for fiscal year 1987-88
dated the 14th day of April , 1987, 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
L ~omas J. ~Fa/ron, City
pJ~b~i~'WorlkPsP~yD~nr~zC'nte°err°f ./~ttorney~ ~/
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th clay of April
19 87 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Cox, Moore, Nader, Malcolm
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
ABSENT: Counci lmembers None
~ Vista
/.~' '"- City Cl~rk~:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californio,
DO HEREBY CERTIFY that the above ond foregoing is a full, true and correct copy of
RESOLUT[0N NO. 12974
,and that the same has not been omendedor repealed.
DATED
City Clerk
CITY OF
CHUbs. VISTA
CC--660
AGREEMENT BETWEEN
SOUTH COAST ORGANITJ~TION OPERATING TRANSIT
AND
THE CITY OF CHULA VISTA
FOR PUBLIC TRANSPORTATION SERVICES
FY 1987-88
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. l0 of the Public Utilities Code); NOW, THEREFORE,
IT IS MUTUALLY AGREED between the parties hereto, upon the following
terms, covenants and conditions:
~ECTION 1. Public Bus Transportation System:
A. Operator hereby agrees to provide public
bus
transportation
services through and withi·n the incorporated area of City for the benefit of
to City, routes set forth on attached Exhibit A.
citizens
of
and
visitors
upon
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
San Diego Transit buses, all National City Transit buses, and with the Chula
Vista Specialized Elderly and Handicapped Transportation System {HandYtrans),
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, Monday 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 1987-88 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, 1987,
to June 30, 1988, 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, 1987, and ending on June 30, 1988.
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 fifteen (15)
bus units in FY1987-88 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
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 the
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 al.so 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.
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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 amount
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 ne91igent 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.
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SECTION 7. ~hen 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 10. Term of Agreement:
The term of this Agreement shall be from July l, 1987, to June 30,
1988.
SECTION 11. 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 (60) 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 14th day of April , 1987.
THE CITY OF CHULA VISTA SCOOT
Mayo. w.~/~.w4Citv'of Cliula Vista Chai T Board of Directors
Approved as to form by:
Attorney ~ 2/~f~ ?
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EXHIBIT A-1
CVT PROJECTED SERVICE & COST SUMMARY*
FY 1986-87
GROSS COST PROJECTED REVENUE @ NET
ROUTE MILES @$2.21/MILE PASSENGERS $0.42/PASS. COST
701 127,663 $282,135 204,000 $85,680 $196,455
702 53,276 $117,740 77,000 $32,340 $85,400
702A 72,262 159,699 112,000 $47,040 $112,659
703 67,298 $148,729 78,000 $32,760 $115,969
704 82,812 $183,015 121,000 $50,820 $132,195
705 62,800 $138,788 113,000 $47,460 $91,328
706 24,147 $53,365 73,000 $30,660 $22,705
706A 23,027 $50,890 25,000 $10,500 40,390
707 53,559 $118,365 59,000 $24,780 $93,585
Bayfront
Service 15,370 $33,968 14,000 $5,880 $28,088
EastLake
Shuttle 13,550 $29,946 12,000 $5,040 $24,906
TOTALS 595,764 $1,316,640 888,000 $372,960 $943,680
* Includes all service and costs for CVT operations in FY 1987-88 except
those associated with County service on Routes 705.
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EXHIBIT A-2
Route Descriptions
Route 701 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 Melrose Avenue, to Main Street, to
Oleander Avenue, to Sequoia Street at Brandywine Avenue.
Inbound from Sequoia Street and Brandywine, 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 Avenues to Naples Street, to Oleander Avenue, to
Telegraph Canyon Road, to Buena V~sta Way, to East "H" Street,
to Otay Lakes Road, to Southwestern College. Inbound trip to
the "H" Street Station is on the same streets noted above.
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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 ~lindrose 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.
EastLake
Shuttle - Loop service beginning at Otay Lakes Road and Gotham, north on
Otay Lakes Road, east on East "H" Street, enter and go around
EastLake Shore Drive in a counterclockwise direction, exit
EastLake Shore Drive, west on East "H" Street, south on Rutgers
Avenue, west on Otay Lakes Road to Otay Lakes Road and Gotham.
Bayfront
Service - Beginning at the Bayfront Station, north on Woodlawn, west on
"E" Street to the Nature Interpretive Center, return from the
Nature Interpretive Center, south on Bay Boulevard, west on "F"
Street, south on unimproved road to "G" Street, west on "G"
Street, south on Quay Avenue, east on Plover Way, south on
Sandpiper Way to Tidelands Avenue, south on Tidelands Avenue,
east on "J" Street, north on Bay Boulevard, east on "H" Street
to "H" Street Station. Return trips follow the same route in
the opposite direction terminating at the Bayfront Station.
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