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HomeMy WebLinkAboutReso 1982-10886 RESOLUTION NO. 10886 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA VISTA AND SCOOT FOR TRANSIT SERVICE FOR FY 1982-83 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Ci ty Council of the Ci ty of Chula Vista does here~ resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci ty of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and SCOOT for transit service for FY 1982-83 dated the 8th day of June , 19 82, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is herely approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is herely authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by \'.. .,~,: .~,,;- \ ff~O~ George D. Lindberg, City Attorney /.. . "~?>-~~<~'~:;(:~ w. J. Robens, Development Services Administrator ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 8th day of June 198 2 , by the following vote, to-wit: AYES: Councilrren Moore, McCand1iss, Scott, Cox NAYES: Councilmen None ABSENT: Councilrren Gill ow ATTE- a___,_~~Yor ~ity G erk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SSe CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED-- City Clerk Form No. 342 Re V. 7/81 AGREEMENT BETWEEN SOUTH COAST ORGANIZATION OPERATING TRANSIT AND THE CITY OF CHULA VISTA FOR PUBLUC TRANSPORTATION SERVICES FY 1982-83 THIS AGREEMENT is entered into by and between the City of Chu1a Vista, hereinafter called "City", and the South Coast Operating Transit, hereinafter called "Operator". RECITALS WHEREAS, Operator will operate a pub1 ic bus transportation system known as Chu1 a Vi sta Transi t (CVT) wi thi n the Ci ty of Chu1 a Vi sta 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 transportati on servi ce in the incorporated area of the Ci ty and permitti ng Operator, when such contract is entered into, to claim for local transportati on purposes from the Local Transportati on Fund the apporti onment 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 Mi11s-A1Quist-Deddeh Act (Ch. 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: SECT! ON 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 the times, and upon the schedules set forth on Exhibit A, attached hereto and incorporated herein as if set forth in full. "e/tJJ7f~ 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 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 Vista Specialized Elderly and Handicapped Transportation System (HandYtrans), according to the regulations as stated on existing CVT transfers. C. Operator s ha 11 perform one passenger count of passengers boarding and departing the bus within the inc-orporated 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 ri dershi p 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 1982-83 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, 1982, to June 30, 1983, 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 four (4) equal payments starting on July 1, 1982, and ending on May 1, 1983. However, Operator shall not be entitled to receive 5% of the final payment until City shall verify the total level of services provided by Operator as well as contractual requirements have been adhered to by Operator. Such verification shall be made before July 15, 1983. Based upon that verification, Operator shall be entitled to receive such portion of the final payment on or before August 1, 1983, as will fully compensate Operator hereunder when added to the other FY1983 payments. 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 Ci ty. Ci ty agrees in that event that thi s 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. u . ~v. (/1- / t fip -2- SEcn ON 3. Vehicles to be Provided and Storage Thereof: Operator agrees to provi de an adequate number of uni ts of buses of the transit type subject to the approval of the Chula Vista Development Services Administrator (DSA). Operator will serve the City of Chula Vista with eight (8) bus units in FY1983, of the forty-five (45) passenger diesel transi t type whi ch 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 Development Services Administrator. 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 respecti ve route except incases of bus breakdown or emergency mai ntenance. It is further agreed that thi s and any other such desi gnati on approved by the Chu1a Vista Development Services Administrator will be appropriately implemented by the Operator and its employees. Operator will repaint all coaches that will be newly placed in Chu1a Vista Transit Service in the appropri ate color scheme. Ci ty agrees to pay Operator the reasonab1 e 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 Ci ty. Ci ty agrees to provi de at the Ci ty of Chu1 a Vi sta shops, located at the northwest corner of "F" Street and Woodlawn Avenue in the City of Chu1a 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 emp10yess to insure a maximum degree of security for City of Chu1a Vista buildings and equipment subject to the control of the Development Services Administrator 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 publ ic 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 Chu1a Vista Transit System unless specifically authorized by the Development Services Administrator, or his desi gnated representative. Pri or to 1 easi ng and/or acquiri ng any repl acement or additional vehicles used in Chu1a Vista Transit Service, Operator will notify the Chula Vista Development Services Administrator, or his designated representative. The Chu1a Vista Development Services Administrator will have the authori ty to inspect and/or reject any buses proposed for Chul a Vi sta Transit service based on industry accepted operational/maintenance standards. -3- 1/ - / tJflf 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 excessi ve demand upon the servi ce or in the event of a breakdown of an assigned unit. City agrees that one spare unit may a1 so be stored in a desi gnated area at the Ci ty of Chu1 a Vi sta yard located at "F" Street and Woodlawn Avenue in the City of Chula Vista subj~~t 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. SECT! ON 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 ($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 Development Services Administrator 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 Development Services Administrator with Certificates evidencing that such insurance is in effect. SECTION 6. 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 fi seal 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 with a certified public accountant to make an annual audit of those accounts and records of SCOOT wi thi n 180 days after the end of each fi seal 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 - 4 - If-/or!/t SCOOT available for that purpose. Audits required by the Transportation Development Act shall be undertaken in accordance with the requirements of thi s Act. Ci ty may audi t SCOOT records at any time duri ng normal busi ness hours. SECT! ON 7. In demni fi cati on: A. City, its agents, officers, and employees, shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properti es or effects of any person whatsoever, nor for personal injuries to or death of them, or any of them, caused by or resulti ng 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, liabil ities, 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 resul ti ng from any negl i gent 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 emp 1 oyees. B. Operator further agrees to indemnify, and save free and harmless City and its authorized agents, officers and employees against negligent acts or omi ssi ons caused by Opera tor, 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 authori zed representati ves and employees against negl i gent acts or omi ssions 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. SECT! ON 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 way impairs or prejudices any right or remedy available to City with respect to such breach or default. SECT! ON 9. Integrated Document: Thi s document embodi es the agreement between Ci ty 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 pri or to the execution of thi s Agreement shall affect or modi fy 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. -5- If-It!?/; SECTION 10. Severability of Provisions: If any provisions of this Agreement are held invalid, the remainder of thi s Agreement shall not be affected thereby if such remainder woul d then continue to conform to the terms and requirements of applicable law. SECTION 11. Term of Agreement: The term of this Agreement shall be from July 1, 1982, to June 30, 1 983. SECTION 12. Termination: It is understood and agreed that either party to thi s 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 ri ghts and obl i gati ons of the parties hereto shall forthwi th 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 compensati on for work or servi ces performed pri or to the effective date of termination. SECTION 13. Independent Contractor: Operator is, for all purposes arlslng 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 Affi rmati ve Action Laws. Ii - lo/ii: -6- ;\e3se Return To: ~nnie M. Fulasz, City Oerk P. O. Box 1087 :1lula Vista, California 92012 SECTION 15. 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 thei r respecti ve representati ves thereunto duly authori zed on this 8th day of June , 1982~ THE CITY OF CHULA VISTA SCOOT ~~~, AYjT: . Z ~ ;Y;~b~/' /6i.' d~ i/ C1 Y er tl Approved as to form by: 04t~i/It:rw~J 7<-lo~fh -7- EXHIBIT A-1 CVT PROJECTED SERVICE & COST SUMMARY* FY 1982-83 SUBSIDY GROSS COST PROJECTED REVENUE NET PER ROUTE MILES @$2.45/NILE PASSENGERS @O.422/PASS. COST PASSENGER 701 1 27 , 739 $312,961 172,448 $72,773 $240,188 $1.39 702 97,600 $239,120 114,192 $48,189 $190,931 $1.67 703 65,524 $160,534 66,180 $27,928 $132,606 $2.00 704 94,906 $232,520 128, 123 $54,068 $178,452 $1.39 705 58 , 144 $142,453 70,936 $29,935 $11 2 ,51 8 $1. 59 706 25,052 $61,377 52,605 $13,677( 1) $47,700 $0.91 TOTALS 468,965 $1,148,965 604,484 $246,570 $902,395 $1.49 (Avg) * Includes all service and costs for CVT operations in FY 1982-83 except those associated with County service on Routes 702, 704 and 705. (1) Route 706 revenue per passenger is $0.26. Route 701 - Route 702 - Route 703 - Route 704 - Route 705 - Route 706 - tf-/~!r ,/? EXHIBIT A-2 Route Descriptions FY1982-83 Hilltop Drive - Melrose: Beginning at the IIHII Street Station, east along IIH" Street to Fourth Avenue, north on Fourth Avenue to IIFII Street, to First Avenue, to IIHII 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 Dri ve, to Mel rose -Avenue, to Rienstra Street, to Hilltop Drive, to Quintard Street, to Second Avenue, to Palomar Street, to Hilltop Drive, to IIW Street, to First Avenue, to IIFII Street, to Fourth Avenue, to IIW Street, and return to the IIW Street Station. Palomar Station via Hilltop & Melrose: Beginning at the IIHII Street Statl on, east along "H" Street to Fourth Avenue, north on Fourth Avenue to IIF" Street, to Second Avenue, to "J II Street, to Hilltop Drive, to ilL II Street, to Mel rose Avenue, to Palomar Street, and to Palomar Station. Inbound trip to IIW Street Station is on the same streets noted above. Four side trips to the Brentwood Trailer Park on Industrial Boulevard are made each day. "J" Street-Oleander via Melrose: Beginning at the "W Street Statlon, east along "H" Street to Fifth Avenue, south of Fifth Avenue, to "J II Street, to Lori Lane, to Crest Dri ve, to 01 eander Avenue, to Palomar Street to Melrose Avenue, to Main Street, to Oleander Avenue, to Sequoia Street at Brandywine Avenue. In bound from Sequoi a Street and Brandywi ne, west on Sequoi a to Oleander Avenue, north on Oleander Avenue, to Crest Drive, to Lori Lane, to IIJ II Street, to Fi fth Avenue, to IIW Street, and return to the "W Street Station. Four si de tri ps to the Community Hospital are made each day. 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 Vi sta Way, to East "W Street, to Otay Lakes Road, to Southwestern College. Inbound trip to the IIW Street Stati on is on the same streets noted above. Southwestern College - Bonita via "E" Street: Beginning at the "H" Street Station, east along "H" Street to Fifth Avenue, north on Fifth Avenue, to IIE" 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 Vi sta Way, to Bonita Mesa Road, to Bonita Road, to IIEII Street, to Fifth Avenue, to IIW Street, and return to the IIH" Street Station. II Downtownerll - Third Avenue Shopping Area - Civic Center: Beginning at the IIH" Street Station, east along "W Street to Fourth Avenue, north on Fourth Avenue, to "CII Street, to Thi rd Avenue, to II I II Street, to Fifth Avenue, to II WI Street, and return to the IIH" Street Station.