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HomeMy WebLinkAboutReso 1974-7267 RESOLUTION NO. 7267 -Ii: i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AZTEC BUS LINES TO PROVIDE SUNDAY INTRA-CITY BUS SERVICE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, the City of Chula Vista provides an intra-city bus service known as the Chula Vista City Bus Lines, operated by the City's contractor, Aztec Bus Lines, and WHEREAS, said service is available five days per week, Monday through Saturday, and WHEREAS, the City of Chula vista desires to temporarily expand bus service to Sundays to determine ridership attraction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement, known as the Seventh Amendment to the Agreement between the City of Chula Vista and the Aztec Bus Lines, be modified as designated in the attach- ment hereto. BE IT FURTHER RESOLVED that said cost of Sunday bus service for the twelve week period shall not exceed the sum of $1000, which sum is hereby authorized to be expended from the Federal Revenue Sharing Fund. 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 ", i " 11/__/' J-f / ,j\, /\,.//0_".' . / George 11. Lindberg, / / /'-"'~s;, / ~ ( c~,J:......A"""'" /' 0/ City Attorney ADOPTED AND APPROVED VISTA, CALIFORNIA, this 9th the following vote, to-wit: by the CITY COUNCIL of the CITY OF CHULA day of April , 19~, by AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ,/) ATTEST l/;/ 7In~, 1;) (\~ &dY' ' "/ ' City Clerk' / ,/ , STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA Mayor of the City of Chula Vista I, , Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. been amended or repealed. DATED City Clerk of the City of that the above is a full, , and that the same has not City Clerk SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA THIS SEVENTH AHENDMENT, made and entered into this 9th day of April , 197~, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and AZTEC BUS LINES, 4437 Twain Avenue, San Diego, California, 92120, a California corporation, hereinafter called "Bus Company", WIT N E SSE T H - - -- WHEREAS, City and Bus Company have heretofore entered into a sixth Amendment to the basic Agreement for providing bus service to the City of Chula vista as contained in said sixth Amendment, ap- proved by Resolution No. 7129, adopted by the City Council of the City of Chula vista on the 18th day of December, 1973, and WHEREAS, said Sixth Amendment extended the agreement for the provision of said intra-city bus service from January 1, 1974 to and until June 30, 1974, and WHEREAS, it is desired to amend the original agreement dated the 17th day of February, 1970 by providing for the expansion of the bus service to include Sundays in the manner set forth herein. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged the parties hereto agree as follows: SECTION 1. INTRA-CITY BUS SERVICE. Bus Company agrees to provide an intra-city bus service for the City of Chula Vista, commencing operation on January 1, 1974, in accordance with the terms and conditions set forth herein. City does hereby grant to the Aztec Bus Lines, a coporation, its successors and assigns, the privilege to operate over and upon the public streets of the City of Chula Vista, along certain routes and in accordance with certain schedules to be established in the manner provided herein, excepting those routes which are serviced by other operators of public transportation and utilizing bus units the number and nature as provided herein for the purpose of carrying passengers for hire between the points designated on the routes established. Bus Company agrees to provide said intra-city bus service for the City of Chula vista during the same hours on Sundays, commencing operation on April 14, 1974. SECTION 2. VEHICLES TO BE PROVIDED AND STORAGE THEREOF. Bus Company agrees to provide an adequate number of units of buses of the transit type subject to the approval of the City Manager. Bus company is presently serving the City of Chula Vista with five (5) bus units of the forty-five (45) passenger diesel transit type which are hereby approved as the initial number and type to be used in the service of intra-city bus transits. The number of vehicles provided by the Aztec Bus Lines will be subject to revision upon the receipt of the City owned transit vehicles from the manufacturers as previously ordered and subject to the U.M.T.A. and SB 325 provisions. It is agreed that any units utilized will be clearly marked and iden- tified as the Chula vista Intra-City Bus Service or such other desig- nation as approved by the City Manager and that Bus Company will conform at all times to the requirement of identification in a prom- inent manner. All identification signs, insignia, colors to be used on the buses, and the number and placement of advertising material on the exterior of the buses shall be subject to the approval of the City of Chula vista. City agrees to provide at the City shops located - , - /2-})~1 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 Bus Company 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 buildings and equipment subject to the control of the Director of Public Works of the City of Chula Vista. SECTION 3. 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, Bus Company shall also provide any necessary additional or supplemental units required to be used as augmentation or back-up for the normal operation during peak hours or times of excessive demand upon the service, or in the event of a breakdown of an assigned unit. City agrees that said supplemental units may also be stored in a designated area at the City 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 need not be uniquely designed or configurated as the basic units are required to be. SECTION 4. ROUTES ESTABLISHED. Bus Company agrees to proceed across the streets of the City of Chula Vista along routes established by consultation with the City Manager. Said route designations both as to number and particular streets utilized, and bus stops designated, shall be subject to the approval of the City Manager and any change therein must first be approved by the City Manager. The routes as delineated on the City map shall be kept on file in the office of the City Clerk. It is understood and agreed that any bus stops so designated for bus units shall be prescribed by the Traffic Engineer of the City of Chula Vista. The Traffic Engineer shall cause curbing to be appropriately marked and provide necessary signs and the installation thereof. Bus Company agrees to adhere strictly to the routes as described on the map on file in the office of the City Clerk, provided, that subject to the approval of the City Manager, reasonable requests for modification of routes based upon experience may be undertaken. It is further understood and agreed that all routes shall conform to the limitations of Section 214 of the Public Utilities Code of the State of California. On Sunday, Bus Company agrees to proceed across the streets of the City of Chula Vista along Route A, as designated on the City map kept on file in the office of the City Clerk. SECTION 5. OPERATING SCHEDULE Bus Company agrees to operate bus units, the type and number as set forth hereinabove, in accordance with the schedule as approved by the City Manager on file in the office of the City Clerk. The operation of the services shall commence at 6:00 a.m. each day, Monday through Saturday, and shall in general operate at thirty (30) minute intervals at each stopping point from said hour of 6:00 a.m. to 6:00 p.m. each day, Monday through Saturday, and at hourly intervals from 6:00 p.m. to 10:00 p.m. on said days; provided, however, that adjustment of said schedules may be indicated by experience and may be modified with the approval of the City Manager, and all said approved schedules or mod- ifications thereof shall be on file in the office of the City Clerk. It is further agreed that Company shall not be required to operate on the following holidays when said holidays fall upon the days Monday through Saturday (or Mondays or Fridays celebrated in lieu thereof) : New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas Day. Bus Company agrees to operate on Sundays between the hours of 8:00 a.m. and 6:00 p.m. with approximately sixty (60) minutes between runs. - 2 - {)7~7/ - 1\_ . ex (/;0 I , SECTION 6. OPERATION TO BE EXCUSED. Operation by Bus Company under the terms and conditions of this agreement shall be excused while and so long as Bus Company shall be prevented from operating by war, riot, insurrection, acts of God, strikes, lockouts, or other labor disturbances; inability to procure fuel, tires or other necessary supplies; legislation, national or state or local; lawful orders of public regulatory bodies or agen- cies having jurisdiction with respect to said operation; or by any other causes of any kind beyond the control of the Bus Company. SECTION 7. MAINTENANCE AND REPAIRS. Bus Company agrees to accept full responsibility for main- tenance, repair and any necessary replacement of company owned units and routine maintenance and repair of city owned units, and to keep said units in safe and good running condition, and guarantees the availability of the number of units agreed upon as being appropriate to maintain the schedules as approved by the City Manager; provided, further, that the City shall work with Bus Company in order to make possible the immediate substitution of bus units and shall allow the use of the City yard for emergency repair work only. SECTION 8. FARES ESTABLISHED. Bus Company agrees to charge a standard fare of twenty-five cents ($0.25) per passenger for all individual passengers during all hours of operation; provided, however, that all children under the age of six (6) years shall be allowed to ride without charge if accom- panied by a fare-paying passenger, and those sixteen (16) and under shall pay a fare of fifteen cents ($0.15). Said fare as provided herein may be modified for particular events, promotional operations, or special services within the community with the approval of the City Manager. SECTION 9. TRANSFER RIGHTS. Bus company agrees to provide, free of charge, transfers which may be used for transferring from one bus route to another within the City of Chula vista and with the San Diego Transit Cor- poration, at the designated transfer points as shown on the map on file in the office of the City Clerk as approved by the City Manager. SECTION 10. PAYMENT AGREEMENT AND SHARING OF FARE REVENUES. It is agreed that City shall pay a total of THREE HUNDRED DOLLARS ($300.00) per day to Bus Company for the five (5) operating units pursuant to the termS and conditions of this agreement and shall guarantee said payment to Bus company, quarterly, in advance, on the 15th day of the month, at the beginning of each quarter, com- mencing with the 15th day of January, 1974. Said guarantee shall be mailed by the Director of Finance to Bus company at their San Diego address, 4437 Twain Avenue, San Diego, California 92120. Bus Company shall receive ninety percent (90%) of the total fares up to ONE HUNDRED DOLLARS ($100.00) and twenty percent (20%) of the total fare revenues exceeding ONE HUNDRED DOLLARS ($100.00) and City shall retain ten percent (10%) of the fare revenues up to ONE HUNDRED DOLLARS ($100.00) and eighty percent (80%) of the fare revenues exceeding ONE HUNDRED DOLLARS ($100.00) per day, for the operating units. It is further understood and agreed that City shall receive the sum of FIVE HUNDRED DOLLARS ($500.00) for the use of any vehicle for the charter services of Bus Company, which sum shall be paid by Bus Company prior to June 30, 1974. - 3 - ,0 )t:7c;( ~~, ) For Sunday service, it is agreed that City shall pay a total of SEVENTY FIVE DOLLARS ($75.00) per day to Bus Company for the one (1) unit operating pursuant to the terms and conditions of this agreement and shall guarantee said payment in advance no later than May 1, 1974. Said guarantee shall be mailed by the Director of Finance to Bus Company at their San Diego address, 4437 Twain Avenue, San Diego, California 92120. All fare revenue from Sunday service shall be forwarded to City by Bus Company within fifteen days following the final day of such service, or July 15, 1974, whichever is soonest. SECTION 11. COLLECTION OF FARE BOX REVENUES. It is understood and agreed between the parties hereto that Bus Company's drivers shall prepare duplicate receipts daily recording the total fares collected each day. Duplicate receipts prepared by Bus Company's drivers shall be so prepared on a standardized form clearly marked as "Original" and "Duplicate/True Copy". The original shall be delivered to the Bus Company at its central office and the duplicate/true copy shall be delivered to the Director of Finance of the City of Chula Vista. Said receipts shall be submitted at the close of each work day. Bus Company shall be responsible for all accounting tasks necessary to provide appropriate information to the Director of Finance of the City of Chula Vista, which accounting information shall be subject to review by the Director of Finance or the inde- pendent auditor employed by the City at any time. It shall be ex- pected that the accounts of Bus Company and any financial information relative to the operation of Bus Company in the City of Chula Vista shall be open for inspection by the Director of Finance or the inde- pendent auditor of City at any time. SECTION 12. INSURANCE REQUIREMENTS. Bus Company agrees to carry and keep in full force and effect throughout the period of this agreement liability insurance in a mini- mum amount of a single limit of FIVE MILLION DOLLARS ($5,000,000.00) with first dollar coverage, which insurance policy shall name the City of Chula Vista as co-insured, and a copy of said policy shall be kept on file in the office of the City Clerk of the City of Chula Vista. Bus company shall also secure and maintain, during the life of this agreement, adequate Workmen's Compensation insurance covering all persons employed by Bus company, and shall furnish the City with certificates showing that all insurance is in effect. SECTION 13. COMPLIANCE WITH LAW Bus Company further agrees that it will comply with all local, state and federal laws and regulations pertaining to the work of any laborer, workman or mechanic, and will keep accurate records of the hours and times worked by any such laborer, workman or mechanic. SECTION 14. INDEPENDENT CONTRACTOR. Bus Company shall carry out the terms of this contract as an independent contractor, and not as an agent or employee of the City. SECTION 15. BUS ADVERTISING RIGHTS AND REVENUES. It is further understood and agreed that Bus Company shall have complete control over the sale of advertising on any of the operating units; provided, however, City shall have the right to use any spaces not under contract at the time the requests may be made by the City to use said spaces free for any advertising deemed reasonable for the City in promoting community interests. - 4 - "(I '-" I / ,) J\ /.>"i G7 SECTION 16. REPORTS TO CITY. Bus Company herein agrees to report to the City on a quarterly basis at the City Council meeting designated by the City Manager, all necessary information to keep City appraised of the operating condition of Bus Company's service in the City of Chula vista. In addition, Bus Company shall make such reports as may be requested from the City Councilor the City l1anager. SECTION 17. HOLD HAm'~ESS. Bus Company shall assume the defense of, and indemnify and save harmless the City from any and all claims, loss, damage, injury and liability of every kind, nature and description, directly or in- directly arising from the performance of this agreement. SECTION 18. TERM OF AGREEMENT. The term of this agreement shall be for a period of six (6) months, commencing January 1, 1974, and terminating on June 30, 1974. However, it is the intent of the City of Chula Vista to renegotiate its contract with Aztec Bus Lines if the local, state and federal situation warrants and allows such action. SECTION 19. TERMINATION OF AGREEMENT. It is further understood and agreed that either party to this agreement may cancel said agreement for reasonable cause by written notice delivered to the City Manager, 276 Fourth Avenue, Chula Vista, California 92010 or to Mr. P. J. Doogan, General Manager (or other officer of the Bus Company), Aztec Bus Lines, 4437 Twain Avenue, San Diego, California 92120. Said cancellation notice shall provide for terminating ninety (90) days from the date of delivery; provided, further that said delivery date must be on or before the first day of any month commencing a quarterly period, i.e., March 1, and said ninety (90) day cancellation period shall be deemed for purposes of this agreement, to mean a three (3) month period from the date of delivery of the written notice. At the termination of said three (3) month period, all rights and obligations of the parties hereto shall be forthwith be extinguished and terminated. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA AZTEC BUS LINES J~n~0-4 "X~/;;;;~ji:~ Mayor ?~ the City of Chula Vista,/ ATTES,T,:,,, II )z':'- /;/?:h -;0 /.4::// /, 'C~ty C erk / \j' Approved as to form by ~/~P 0(~Y~7/ /V.&;;i ,;:' C:;;" City Attorney ") ! /} , I Manager -5- ", Ii ;' -7 /) ( -) (\ / ex. y? /