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HomeMy WebLinkAboutReso 1986-12575 RESOLUTION NO. 12575 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE ASSOCIATION FOR RETARDED CITIZENS OF SAN DIEGO (ARC) FOR TRANSPORTATION SERVICES 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 THE ASSOCIATION FOR RETARDED CITIZENS OF SAN DIEGO (ARC) for transportation services dated the 8th day of Ju].y , 1986, 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 JCn P. Lip¢i[t[ Director of ' T~mas J. ~on, City Attorney ~dblic Works/City Engineer 1747a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of Jul y 19 ~6 , by the following vote, to-wit: AYES: Councilmembers Cox, Moore, Campbell~ McCandliss NAYES: Counci 1 members None ABSTAIN; Counci 1 membe rs None ABSENT: Counci 1 members Mal col m City of Chula Visto , City Clerk ~ 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, California, DO HEREBY CERTIFY that the above and foregoing is a full, true ond correct copy of RESOLUTION NO. 12575 ,and that the same has not been amended or repealed DATE D City Clerk CI'IY OF CHUIA VLSI'^ CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE ASSOCIATION FOR RETARDED CITIZENS OF SAN DIEGO FOR TRANSPORTATION SERVICES This agreement made by and between the City of Chula Vista, hereinafter referred to as "City," and the Association for Retarded Citizens of San Diego's Starlight Center, hereinafter referred to as "Starlight Center." W ITNESSETH WHEREAS, City provides specialized transportation service to eligible elderly and handicapped persons in the City of Chula Vista under contract with Community Transit Services Inc., hereinafter referred to as "CTS"; and WHEREAS, City provides transportation service to San Diego Regional Center for the Develop~ntally Disabled (hereinafter referred to as "Regional Center") clients attending the rehabilitation program at Starlight Center; and WHEREAS, on March 22, 1982, City and Starlight Center entered into an agreement for the use of two Starlight Center vehicles to supplement transportation service to Regional Center clients attending Starlight Center; and WHEREAS, the scope of this service was modified on January 14, 1985, whereby Starlight Center provided one vehicle for use in this service and City, through CTS, provided two vehicles as part of this coordination project; and WHEREAS, on October l, 1985, the City and Starlight Center entered into an agreement to continue this service for the remainder of FY 1985-86; and WHEREAS, Starlight Center is desirous of continuing this service for FY 1986-87; and WHEREAS, City in conjunction with CTS, has the management and technical personnel, expertise and other assets to provide this service. NOW, THEREFORE, in consideration of the foregoing recital and covenants and agreements, the parties do agree as follows: 1. PURPOSE: Starlight Center hereby contracts with City to provide transportation services upon the terms and conditions hereinafter set forth. 2. SCOPE OF WORK: The City, through CTS, will provide supplemental transportation service to Regional Center clients attending Starlight Center program by using one Starlight Center vehicle and additional vehicles as requested by Regional Center to be supplied by CTS. CTS will use these vehicles to transport Regional Center clients to and from Starlight Center five days a week (Monday through Friday). Specific provisions of this transportation service are as follows: a. Starlight Center will provide vehicle liability insurance covering the Starlight Center vehicle used in this transportation service as specified in this agreement. Insurance shall cover bodily injury, property damage, and collision or physical damage to vehicle. Any deductible will be the responsibility of Starlight Center. Any losses or damages not covered by insurance shall be an obligation of Starlight Center and not of City or CTS. Bodily injury and property damage insurance shall be provided under Starlight Center's policy in the amount of $1 million {$1,000,000) combined single limit each occurrence and $4 million ($4,000,000) excess liability. Starlight Center will name the City, CTS, and Regional Center as additional insured on this policy and will provide City and Regional Center with a Certificate of Insurance stating that City, CTS and Regional Center are named additional insured. b. City, through CTS, will provide the necessary personnel to provide this transportation service to Regional Center clients, including certified Class II drivers. c. City, through CTS, will provide preventive maintenance services on the vehicles to be supplied by CTS and will be responsible for all other requirements relative to vehicle operation pertaining to this project for the vehicles to be provided by CTS. Starlight Center will be responsible for all maintenance work, insurance premiums and any other requirements associated with the use of the Starlight Center vehicle as pertains to this project. d. CTS will reimburse Starlight Center for maintenance work and fuel costs associated with use of the one Starlight Center vehicle pertaining to this project as follows: (1) The rate for maintenance work to be done by Starlight Center will be reimbursed at the rate of 20¢ per route mile. (2) Fuel use for the Starlight Center vehicle will be estimated using miles operated and miles per gallon consumption rate and upon the prevailing cost per gallon to be determined by City/CTS. 3. COST: It is the City's intent to recover the full cost of this transportation service to Starlight Center. Payment for City/CTS transportation service to Starlight Center will be obtained from the Regional Center. Therefore, the provision of this service is contingent upon a signed agreement between the City and Regional Center for compensation for services as contained in this agreement. 4. LIABILITY: Starlight Center shall defend, protect, and save harmless the City from and against all claims, suits, and actions arising from any negligent act or omission of Starlight Center, or any employees or agents in the performance of this agreement. City shall defend, protect, and save harmless the Starlight Center from and against all claims, suits, and actions arising from any negligent act or omission of the City, or any employees or agents in the performance of this agreement. -2- 5. The agreement between the City of Chula Vista and Regional Center for provision of transportation services to Regional Center clients attending Starlight Center is attached to and made part of this agreement. The agreement between the City and the Regional Center specifies certain requirements pertaining to insurance, vehicle condition and safety standards. It is understood and agreed by Starlight Center that any and all requirements contained in the agreement between the City and Regional Center pertaining to vehicle condition and insurance will be the responsibility of Starlight Center for the Starlight Center vehicle used as part of this transportation service. 6. TIME PERIOD: This agreement is effective from July l, 1986, to June 30, 1987. 7. TERMINATION: The City or Starlight Center may terminate this agreement within 30 days by written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their signatures. CITY OF CHULA VISTA APPROVED AS TO FORM Mayor ~/ {/ City-Attorney Date: July 16, 1986 Date: ~ ASSOCIATION FOR RETARDED CITIZENS OF SAN DIEGO Date: WPC 0700T -3-