HomeMy WebLinkAboutReso 1984-11655
RESOLUTION NO. 11655
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SCOOT FOR TRANSIT SERVICE FOR FY 1984-85
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 provision
of transit service for FY 1984-85
dated the 19th day of June , 198 1 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
Chula Vista be, and he
execute said agreement
Vista.
RESOLVED that the Mayor of the City of
is hereby authorized and directed to
for and on behalf of the City of Chula
Presented by
Approved as to form by
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J hn P. Lippitt, tity
glneer
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Thomas J.
At torney
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Harron, City
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CHULA VISTA, CALIFORNIA, this
19 84
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
19th day of June
, by the fOllowing vote, to_it:
AYES:
Councilmen
Scott, Cox, Moore, McCandliss
"
NAYES:
ABSTAIN:
ABSENT:
Councilmen
None
None
Coll'lcilmen
Malcolm
Councilmen
ATTEST
Mayor
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e City of Chula Vista
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
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. 11655
, and that the same has not been amended or repealed.
DATED
( seal)
City Clerk
CC-660
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we M. FI?bsz.. City (-1~',~:
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1mh V;,,~. Calif"nu" 'DJ '" AGREEMENT BETWEEN
SOUTH COAST ORGAN IZATION OPERATING TRANSIT
AND
THE CITY OF CHULA VISTA
FOR PUBLIC TRANSPORTATION SERVICES
FY 1984-85
THIS AGREEMENT is entered into by and between the City of Chu1a
Vista, hereinafter called "City", and the South Coast Organization Operating
Transit, hereinafter called "Operator".
RECITALS
WHEREAS, Operator will operate a pub1 ic bus transportati on system
known as Chula Vista Transit (CVT) within the City of Chula Vista and its
immediate environs; and
WHEREAS, Operator and City are desi rous of hav ing Operator prov i de
transit service to areas within the jurisdiction of City; and
WHEREAS, Operator is unab 1 e to provi de sat is factory 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 will ing 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 incorpol'ated 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 I/ith Section 99260) of the Mills-Alquist-Deddeh Act
(CII. 4, Pt. 11, Div. 10 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
citizens of and visitors to City, upon routes, during tile times, and upon the
schedules set forth on Exhibit A, attached hereto and incorporated herein as
if set forth in full.
B. In the prOV1Slon 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 pol icy of free transfers to and from all CVT buses, all
San Diego Transit buses, all National City Transit buses, and with the Chula
Vi sta Speci al ized El derly and Handi capped 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 Ci ty.
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 1984-85 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 (Chp. 4, Pt. 11, Div. 10 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 1, 1984,
to June 3D, 1985, 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 whi ch the amoun t 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 four (4) equal payments starting on
July 1, 1984, and ending on May 1, 1985.
D. In the event that the amount all ocated 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 servi ces hereunder or to pay to Operator from other sources the
amount necessary to meet the balance owing.
,R- 116SY
SECTION 3.
Vehicles to be Provided and Storage Thereof:
Operator agrees to provi de 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 eight (8) bus
units in FY1985, of the forty-five (45) passenger diesel transit type which
are hereby approved as the number and type to be used in the service of
intra-city bus transit. Operator will also serve City with two mini-buses to
be operated on Route 706, and on other routes as deemed appropriate by the
Transit Coordinator. 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 repaint all coaches that \~ill be newly placed in Chula Vista Transit
Service in the appropriate color scheme. City agrees to pay Operator the
reasonable cost of performing this Ilork. 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 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 employess 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 l/ill
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 publ ic streets for any purpose other than required to operate,
maintain, repair, wash, license, fuel, shuttle, or other activity associated
llith 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 repl acement 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.
I?~ II t,.s-5
SECTION 4.
Supplemental Units:
In addition to the basic units to be operated in the manner and along
the routes and in accordance with the schedules established and the methods
provided herein, Operator shall also provide three (3) spare units to be used
as augmentation or backup for the normal operation during peak hours or times
of excessive demand upon the service or in the event of a breakdown of an
assi gned unit. City agrees that one spare unit may al so be stored in a
designated area at the City of Chula Vista yard located at "F" Street and
Woodlawn Avenue in the City of Chula Vista subject to security controls as set
forth in Section 2 hereinabove. These supplemental units must also be
uniquely designed or configurated as the basic units are required to be.
SECTION 5.
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 ($lO,OOO,OOO) 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-i nsureds, and a copy of such bi nder shall be fil ed 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 pol icy. 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.
SECTION 6.
Audit:
The Ci ty Fi nance Di rector shall verify and report in writi ng, 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 Di ego 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 Ilith a
certified pub] ic 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 follOl~ing the end of each fiscal year, a report of the audit covering
that fiscal year shall be filed as a publ ic 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
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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 7.
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, propel'ti es 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
negl i gent act or omi ss ions of Operator, not i ncl udi ng 1 i ab il ity 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 ~/hatsoever, nor for personal injuries to or death of
them, or any of them, caused by or resulting from any negl igent 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 omi ss ions 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 harml ess the Operator and its authorized
representatives and employees agai nst negl i gent acts or omi ss ions 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 1 imited in any way by the extent of any pol icy of insurance currently
in force and held by either party.
SECTION 8.
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 I/ay
impairs or prejudices any right or remedy available to City with respect to
such breach or default.
SECTION 9.
Integrated Document:
This document embodies the agreement uetween City and Operator for
the transportation service described herein and its terms and conditions. No
verbal agreements or conversations with any offi<:er, 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 I/ay binding upon City.
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SECTION 10.
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 app1 icab1e law.
SECTION 11.
Term of Agreement:
1985.
The term of this Agreement shall be from July 1, 1984, to June 30,
SECTION 12.
Termination:
It is understood and agreed that ei tiler 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
1 iabil ity hereunder will be 1 imited to the pro rata share of the monthly
compensation for work or services performed prior to the effective date of
termination.
SECTION 13.
Independent Contractor:
Operator is, for all purposes anslng 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 14.
Equal Opportunity and Affirmative Action:
Operator shall be in compliance with all Equal Opportunity and
Affirmative Action Laws.
R-Ilt "
SECTION 15.
Sale or Transfer:
Operator agrees that it \/ill 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 19th day of June , 1984.
THE CITY OF CHULA VISTA
SCOOT
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Mayor' o:fJ;~y {? cLl ~ Vl sta
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Cila lrman of SCOOT Board of Directors
ATTEST:
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Approved as to form by:
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, C i-ty Attorney
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EXH IBH A-1
CVT PROJECTED SERVICE & COST SUMMARy(1)
FY 1984-85
SUBSIDY
GROSS COST PROJECTED REVENUE NET PER
ROUTE MILES 0$2. 5146/MILE PASSENGERS 0$0.42/PASS. COST PASSENGER
701 125,2Dl $314,830 166,517 $69,937 $244,893 $1.47
702 103,208 $259,527 125,724 $52,804 $206,723 $1.64
703 60,807 $152,905 64,455 $27,071 $125,834 $1.95
704 91,693 $230,571 124,935 $52,473 $178,098 $1. 43
705 68,321 $171 ,800 139,361 $58,532 $113,268 $0.81
706 24,970 $62,789 56,432 $14,700(2) $48,089 $0.85
"Tripper" 1,321 $3,322 2,338 $ 982 $ 2,340 $1.00
IIPeakerll 695 $1,748 987 $ 415 $ 1,333 $1.35
TOTALS 476,216 $1 ,197,492 680,749 $276,914 $920,578 $1.35
IAvg)
(l) Includes all service and costs for CVT operations in FY 1984-85 except
those associ ated llith County servi ce on Routes 702, 704 and 705.
(2) Route 706 revenue per passenger is $0.26.
11- I It s--r
Ro ute 701 -
Route 702 -
EXHIBIT A-2
Route Descriptions
FY 1984-85
Hillto) Drive - Melrose: Beginning at the "H" Street Station,
east a ong "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.
Palomar Station via Hillto~ & r~elrose: 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 "0" Street, south
on Fourth Avenue and foll ows 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
01 eander Avenue, to Sequoi a Street at Brandywi ne 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. 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
Te 1 egraph Canyon Road, to Buena Vi s ta 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 Stat1on, east along "H" Street to Fi fth Avenue, north
on Fifth Avenue, to "E" Street, to Bonita Road, to Bonita Mesa
Road, to t~esa Vista Way, to S\~eetwater Road, to Willow Street,
to Bonita Road, to Otay Lakes Road, to Gotham Street to Rutgers
Avenue, to Otay Lakes Road at Southwestern Coll ege. 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 "fj" 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 "I" Street, to Fifth Avenue, to "H" Street, and
return to the "H" Street Station.
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RESOLUTION NO. 109
RESOLUTION OF THE SCOOT BOARD APPROVING
THE AGREEMENT BETWEN THE CITY OF CHULA
VISTA AND SCOOT FOR TRANSIT SERVICE FOR
FY 1984-85 AND DIRECTING THE CHAIRMAN TO
EXECUTE SAME
The Governing Board of SCOOT does hereby resolve as
follows:
WHEREAS, SCOOT was established in August 1979 as a joint
powers agency between the City of Chula Vista and the County of
San Diego, and
WHEREAS, SCOOT provides transit service to both members
and makes Transportation Development Act (TDA) claims against each
member's apportionment based on transit service provided, and
WHEREAS, this agreement specifies transit service
provided by SCOOT in the City of Chula Vista, and
WHEREAS, except for updated cost and operating statistics
projected for FY 1984-85, all other provisions of this agreement
are the same as the FY 1983-84 agreement.
NOW, THEREFORE, BE IT RESOLVED that the SCOOT Board does
hereby approve the agreement between the City of Chula Vista and
SCOOT transit service for FY 1984-85.
BE IT FURTHER RESOLVED that the Chairman of the SCOOT
Board be, and is hereby authorized to execute said agreement on
behalf of SCOOT.
Presented by
Approved as to form by
7/
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Joh ! P. Lippitt,
Ad inistrator
I,
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a~ ftJ. CJe
Charles R. Gill, Assistant
City Attorney
/2- //t.~T
ADOPTED AND APPROVED BY THE SOUTH COAST ORGANIZATION OPERATING
TRA~SIT (SCOon BOARD, this 20th day of June ,1984
by the following vote, to-wit:
AYES: Members Hamilton, Scott
NAYES: Members None
ABSTAIN: Membe rs None
ABSOO : Members Cox
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() tr . Chairman, SCOOT Board
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S~T Administrator
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) s s :
CITY OF CHULA VISTA )
ATTEST:
I, John P. Lippitt, Administrator to the South Coast Organization
Operating Transit (SCOOT) Board 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. 109 and that the same has not been amended
or repealed. 7"'. j -,
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DATED: July 2, 1984
SCOOT ADMINISTRATOR