HomeMy WebLinkAboutReso 1985-12062 RESOLUTION NO. 12062
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BE~EEN THE CITY OF CHULA
VISTA AND SCOOT FOR TRANSIT SERVICE FOR FY 1985-86
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 agre~ent between THE CITY
OF CHULA VISTA, a municipal corporation, and SCOOT for transit
service for FY 1985-86
dated the 26th day of June , 1985, a copy of which is
attached ~ 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
~City Atto~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
IULA VISTA, CALIFORNIA, this, 25th dl3y of,. June
85 , by the following vote, to-wit:
'ES: Councilmembers Scott, Moore, Cox, Malcolm, McCandliss
~,YES: Councilmembers None
ISTAIN: C0uncilmembers None
ISENT: Counci] members None
/'T~ ~the City of 'Chula Vista
City Cle~ ~.~
~,TE OF CALIFORNIA )
UNTY OF SAN DIEGO ) ss.
'Y OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTZ0N NO. 12062
,and that the some has not been amended or repealed.
FED
(seal) City Clerk
-660
RESOLUTION 1 [0.
RESOLUTION OF THE SCOOT GOVERNING BOARD APPROVING
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
SCOOT FOR TRANSIT SERVICE FOR FY 1985-86
The Governing Board of SCOOT hereby resolves as follows:
WHEREAS, SCOOT was established in August 1979 as a joint
~owers agency between the City of Chula Vista and the County of
:an Diego, and
WHEREAS, SCOOT provides transit service to both members
~nd makes Transportation Development Act (TDA) claims against
~ach member's apportionment based on transit service provided, and
WHEREAS, on April 1, 1985, SCOOT submitted a claim to
ANDAG and MTDB in the amount of $1,239,390 against the City of
hula Vista's total FY 1985-86 Article 4.0 TDA apportionment of
1,279,890, and
WHEREAS, the amount of transit service operated in the
'ity of Chula Vista during FY 1985-86 will be 483,125 revenue
.iles, about 1% higher than the current year due to minor
chedule adjustment, and
WHEREAS, total passengers for next year estimated to be
24,689, a 6% increase over this year~s estimate of 680,749
assengers transported within the City of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the Governing Board
f SCOOT hereby approves the agreement for transit service
etween the City of Chula Vista SCOOT for FY 1985-86.
BE IT FURTHER RESOLVED that the Chairman of the SCOOT
overning Board is hereby directed to execute said agreement on
ehalf of the Board.
resented by Approved as to form by
o~/~ P. Lippi~t~ Sf66T ' -
d~inistrator Charles R. Gill, SCOOT
Attorney
494a
ADOPTED AND APPROVED BY THE SOUTH COAST ORGANIZATION OPERATING
TRANSIT (SCOOT) BOARD,this 2nd day of July , 1985
by the following vote, to-wit:
AYES: Members Cox, Scott and Bilbray.
NAYES: Members None.
ABSTAIN: Members None.
Members None.
Chai T Board
~OTAdminis~at~
STATE OF CALIFORNIA )
COUNTY OFSAN DIEGO ) ss:
CITY OF CHULA VISTA )
I, John P. Lippitt, Administrator to the South Coast Organization
Operating Transit (SCOOT) Board of the City of Chula Vista, California,
DO HEREBY CERTIF~ that the above and foregoing is a full, true and
correct copy of Resolution No. 128 and that the same has not been amended
or repealed.
DATED:
SCOOT ADMINISTRATOR
AGREEMENT BETWEEN
SOUTH COAST ORGANIZATION OPERATING TRANSIT
AND
THE CITY OF CHULA VISTA
FOR PUBLIC TRANSPORTATION SERVICES
FY 1985-86
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, to its City recognizes the value of the.service to be provided by
and is willing to contract with Operator to provide
Operator
citizens
transportation service through the incorporated area of C~ty 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:
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
ci~iqe~s of an~ visitors to City, upon routes, during the times, and upon the
scneoumes set torth on Exhibit A, attached hereto and incorporated herein as
if set forth in full.
~B.~n ~ne P~OV~s~n of said
routes, Operator shall substantially transportation services along said
adhere to the rOute, frequency of
operation and schedules of arrivals and departures set forth in said Exhibit
A, an~ shall haye the policy of free transfers to and from all CVT buses, all
San D~ego Transit buses, all National C~ty Transit buses, and with
VJsta Specialized Elderly and Hand ' ' th
according to the .... ,-~- ~capped Trans-o-*-~ ..... e Chula
-=~u~aclons as stated on exist~'~" ~ystem (HandYtrans)
..~ ~ cransfers. '
!i ' C. Operator shall perform one passen e
q~,..~., m ~e tot all scheduled tris for ~_~ount?ng program. This count
~,,u~y. A re ort s · . P a une week ·
?ty no later ~ha- ~YgY~z'n~ the results of this r,.,p+e[]..?, .Monday through
uperator ~k-~ _..~ .t,,r:: weeks after count .... ~ w~) De suomitted to
route, to monthly passenger Additio.ally,
~' 'v eno mileage Counts, by
SECTION 2. Consideration for Services:
A. As and for consider~tio? for the foreeoing services, City hereby
agrees that Operator, with authorization, may incluJe in any claim filed or to
be filed for the Fiscal Year 1985-86 with the Regional Transportation Planning
Agency in San Diego County under the provisions of Article 4 ·
Section ?9260) of the Mills-Al-uist D ........ {commenc~
the Public Utilities Code) an ,~^..~'..~e~en. Act (Chpt. 4, Pt. ll. D(v n~t~
to the incorporated area of the City of Chula Vista.exc~:~'"~ ~ne apPortionment
B. It is here~y agreed by and between the parties that Operator
'ill provide all the services, described in Exhibit A hereto from July l, 1985,
J J?e 30, 1986, and that ~f Operator shall perform only
services, Operator shall be ent
Transportation Plannin- ~ .... ~tled to actually receiv, a portion of such
from the Regional
total amount which the~ -~:ncy only an amount equal to that percentage of 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
~hich any partial service is rendered.
C. In furtherance of paragraph B, Operator shall be entitled to
'eceive the consideration hereunder in twelve (12) equal payments starting on
'uly l, 1985, and ending on June 30, 1986.
egional D. In the event that the am?n~ allocated to
:ervices hereunder as set out in Exhibit A, Operator agrees Operator by the
Transportation Planning Agency ~s ~nsufficient to meet the cost of
to immediately so
otify C~ty. City agrees in that event that this agreement shall be amended
reduce the services hereunder or to pay to Operator from other sources the
mount necessary to meet the balance owing.
~CTION 3. Vehicles to be Provided and Storage Thereof:
Operator agrees to provide an adequate number of units of buses of
~e transit type subject to the approval of the Chula Vista Transit
'ordinator. Operator will serve the City of Chula Vista with thirteen
s units in FY1986 which are hereby approved as the number and type to be
~d in the service of intra-city bus transit. It is agreed that any unit
~ ~ ~ ~ear~¥ mar~e~ a~ ~dent~f~e~ as t~e ~u~a ¥~st~ ~r~ns~t
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 repaint all coaches that will be
newly placed in Chula Vista Transit Service in the appropriate color scheme.
City agrees to pay Operator the reasonable cost of performing this work. 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 '~" 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
Ipermanently 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
~ith the normal operation of the Chula Vista Transit System unless
,pecifically 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
imit of not less than TEN MILLION DOLLARS ($10,000,000) with first dollar
coverage or with first $10,000 being deductible. If the first $10,000 of
coverage is deductible, Operator 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
-~n 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 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 equ~rements of
r '
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
qoods, properties or effects of any person whatsoever, nor for personal
njuries to or death of them, or any of them, caused by or resulting from any
negligent act.or omissions of. Operator, not includin liabili
acts or omissions caused bv C +v ~ ........ g ty by reason of
agents, officers, and em-~^,,~'-L~,a~r[cs-°r-?Rm~yees; and Operator, its
v vjc:~ ~ua~ nO~ De nemo 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 an n '
omissions of City, or its agents, employees, or reores t~ti~t~ll~t,~s..Or
_ en ....... , nu~ lnc/ualng
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.
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 an~ default
which may then exist or while any such breach or default shall exist Tn 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 1 1985, to June 30,
lg86. ,
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 {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.
SECTION 13. Equal Opportunity and Affirmative Action:
Operator shall be in compliance with all Equal Opportunity and
Affimative 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 ~{~ day of ~u~ , 1985.
THE CITY OF CHULA VISTA SCOOT
Mayor/o~ ~l~Ci~ of Chula Vista Chai OT BJa Directors
ATTEST:
Approved~sto rom by:
/ ~tO'rney
WPC 0078T
-6-
EXHIBIT A-1
CVT PROJECTED SERVICE & COST SUMMARY*
FY 1985-86
GROSS COST PROJECTED REVENUE ~ NET
ROUTE MILES ~$2.5384/MILE PASSENGERS $0.416/PASS. COST
701 125,588 $318,793 188,382 $78,364 $240,429
702 105,543 $267,911 158,315 $65,857 $202,054
703 62,060 $157,534 93,090 $38,724 $118,810
704 94,000 $238,610 141,000 $58,654 $179,956
705 67,101 $170,330 100,652 $41,870 $128,460
706 27,507 $69,824 41,261 $11,554(1) $58,270
"Trippers" 1,326 $3,366 1,989 $ 827 $ 2,539
TOTALS 483,125 $1,226,368 724,689 $295,850 $930,518
* Includes all service and costs for CVT operations in FY 1985-86 except
those associated with County service on Routes 702, 704 and 705.
(1) Route 706 revenue per passenger is $0.28.
EXHIBIT A-2
Route Descriptions
PYIg~b-~
Route 701 - Hilltop Drive - Melrose: Beginning at the "H" Street Station,
'~ast 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 Breni~ood Trailer Park on Industrial Boulevard are made each
day.
Route 702A begins outbound from the "," Strt~, Station, east
along "H" Street, north on Broadway, east on 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 Pal omar Street to Melrose Avenue, to Main Street, to
Oleander Avenue, to Sequoia Street at Brand~ine Avenue.
Inbound from Sequoia Street and Brand~a~ine, 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. Four 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 Otay Lakes Road, to Southwestern College. Inbound trip to
the "H" Street Station is on the same streets noted above.
~L
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 Will~ 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
Sweet~ater 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:
Beginning at the "H" Street Station, east along "H" Street to
Fourth Avenue, north on Fourth Avenue, to "C" Street, to Third
Avenue, to 'T' Street, to Fifth Avenue, to "H" Street, and
return to the "H" Street Station.
t