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HomeMy WebLinkAboutReso 1974-7348 RESOLUTION NO. 7348 / / i RESOLUTI.oN OF THE CITYiCOUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EIGHTH AMENDMENT TO TilE AGREEMENT BETWEEN THE CITY OF cmtLA VISTA AND AZTEC BUS LINES TO PROVIDE INTRA-CITY ijus SERVICE IN THE CITY OF CHULA VISTA AND AUTHORiZING THE ~1AYOR TO EXECUTE SAID AGREE11ENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of C~ula Vista in providing the intra- city bus service known as the Chqla Vista City Lines, operated by the City's contractor, Aztec Bus iLines, now desires to extend the Sunday bus service, which has he~etofore by the Seventh Amendment of this Agreement, been temporar~ly offered on an experimental basis, and ' WHEREAS, in addition t~ereto, the City wishes to amend the amount of payment to the Azteic Bus Company for the service and to eliminate the fare sharing' provisions of the Agreement. NOW, THEREFORE, BE IT ~SOLVED by the City Council of the City of Chula Vista that thati certain Agreement, known as the Seventh Amendment to the Agreement between the City of Chula Vista and the Aztec Bus Lines, bei modified as shmm in the Eighth Amendment attached hereto. BE IT FURTHER RESOLVED ~hat the Mayor of the City of Chula Vista be, and he is hereby ~uthorized and directed to exe- cute said Agreement for and on be~alf of the City of Chula Vista. BE IT FURTHER RESOLVED ~hat the sum of $140,822 is authorized to be expended from Acpount 22-1720-5721 of the City budget for said service. I Presented by Approved as to form by ADOPTED AND APPROVED VISTA, CALIFORNIA, this 25th the fOllowing vote, to-wit: by the CITY COUNCIL of the CITY OF CHULA dliy of June , 19 -2!-, by AYES: Councilmen Scott, HOQel, Hamilton, Egdahl I NAYES: Councilmen None ABSENT: Councilmen Hyde , \~'1 ,....,...... <... ')t-..,~ / .-', .-,./:, r - / ' /e.. ~-",hLl)rl";1I'l' /a~,~, t<" > I "'--., '-if ,<I ;'fr(.{",tl, / / Mayor of the City of Chula Vista 7 ATTES'J:'<(' / t /l-t<- "JJ) .di'&~ /- City Clerk rJ STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I , i Chula Vista, California, DO HEREBt true and correct copy of Resoluti~n been amended or repealed. DATED I , CERTIFY No. City Clerk of the City of that the above is a full, , and that the same has not City Clerk EIGHTH Ar1ENDMENT TO THE'AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE A~TEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA THIS EIGHTH AMENDMENT, made and entered into this 25th day of June , 1974 , 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 "B10.s Company"; WIT N E SSE T H . WHEREAS, City and Bus Co~pany have heretofore entered into a Seventh Amendment to the basic A~reement for providing bus service to the City of Chula Vista as contained in said Seventh Amendment, approved by Resolution No. 7267, aaopted by the City Council of the City of Chula Vista on the 9th day of April, 1974, and WHEREAS, said Seventh Am~ndment modified the Agreement for the provision of said intra-city bUs service to include Sunday oper- ations during the period of April l4, 1974 to and until June 30, 1974, and WHEREAS, it is desired to amend the original agreement dated the 17th day of February, 1970 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 pr~vide an intra-city bus service for the City of Chula Vista, commencing operation on July I, 1974, in accordance with the terms and conditions set forth herein. City does hereby grant to the Aztec Bus, Lines, a coporation, its succes- sors 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. 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 subjeft to the approval of the City Man- ager. Bus Company is presently serVing the City of Chula Vista with five (5) bus units of the forty-fiye (45) passenger diesel transit type which are hereby approved as the initial number and type to be used in the service of intra-city ~us transits. The number of vehicles provided by the Aztec Bus Lines will be subject to revision upon the receipt of the City owned transit yehicles from the manufacturers as previously ordered and subject to the U.M.T.A. and SB 325 provisions. It is agreed that any units utiliz~d 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 Man~ger and that Bus Company will conform at all times to the requir~ment 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 - 1 - /< 73~ at the northvlest 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 tio insure a maximum degree of security for City buildings and equipment s~bject 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, B~s Compan~ 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 ~he 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. ROUTES EST~BLISHED. Bus Company agrees to prqceed 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 de~ignated, shall be subject to the approval of the City Manager and aqy 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 4. 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. Bus Company agrees to operate on Sundays between the hours of 8:00 a.m. and 6:00 p.m. with approxi- mately sixty (60) minutes between runs. 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 modifications 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 further agrees that all units operating pursuant to said schedule shall clearly display signing "Chula Vista City Bus Lines" at all times. 1(73 tif - ,~ - SECTION 6. OPERATION TO BE EXCUSED. Operation by Bus Company under the terms and conditions of this agreement shall be excused w~ile and so long as Bus Company shall be prevented from operating by war, riot, insurrection, acts of God, strikes, lockouts, or oth$r 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 a~cept full responsibility for main- tenance, repair and any necessary replacement of company owned units and routine maintenance and repai~ of city owned units, and to keep said units in safe and good runni4g condition, and guarantees the availability of the number of uni~s agreed upon as being appropriate to maintain the schedules as appr~ved by the City Manager; provided, further, that the City shall work ,with Bus Company in order to make possible the immediate substitutidn of bus units and shall allow the use of the City yard for emergency repair work only. SECTION 8. FARES ESTABLISHED. I Bus Company agrees to c~arge a standard fare of twenty-five cents ($0.25) per passenger for a~l individual passengers during all hours of operation; provided, however, that all children under the age of six (6) years shall be allqwed 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 RJjGHTS. 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 trans~er points as shown on the map on file in the office of the City Clerk as approved by the City Manager. SECTION 10. PAYMENT AND FARE REVENUE AGREEMENT. It is agreed that City s,hall pay Four Hundred and Forty- Six Dollars ($446.00) per day to B~s Company for Monday through Saturday service, and Seventy-Five, Dollars ($75.00) per day for Sunday service. Said payment to BUS Company will be pursuant to the terms and conditions of this agreement, and shall be quarterly, in advance, on the 15th day of the, month, at the beginning of each quarter, commencing with the 15th of July, 1974. Said guarantee shall be mailed by the Director of, Finance to Bus Company at their San Diego address, 4437 Twain Aven~e, San Diego, California. It is agreed that Bus Co~pany shall account for, and pay to, City all fare revenues received. Said payment to City shall be monthly, on the 15th of the mon~h, following the month in which fare revenue is collected by the operating units of Bus Company. 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 service of Bus Company, which sum shall be paid by Bus Company prior to June 30, 1975,. - 3 - /2 7JC;1 SECTION 11. COLLECTION'OF FARE BOX REVENUES. It is understood and ag~eed between the parties hereto that , Bus Company's drivers shall prepave duplicate receipts daily recording the total fares collected each da~. 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 deli~ered 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 re~ponsible for all accounting tasks necessary to provide appropriate ~nformation to the Director of Finance of the City of Chula Vista, which accounting information shall be subject to review by the iDirector of Finance or the inde- pendent auditor employed by the C~ty at any time. It shall be ex- pected that the accounts of Bus Company and any financial information relative to the operation of Bus qompany 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 ti~e. SECTION 12. INSURANCE REQUIREMENTS. Bus Company agrees to c~rry and keep in full force and effect throughout the period of this agr~ement liability insurance in a mini- mum amount of a single limit of FI~E 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 iClerk of the City of Chula Vista. Bus Company shall also secure and maintain, during the life of this agreement, adequate Workmen's Com~ensation insurance covering all persons employed by Bus Company, ~nd shall furnish the City with certificates showing that all ins~rance 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 salie of advertising on any of the operating units; provided, however, City shall have the right to use any spaces not under contract at tihe time the requests may be made by the City to use said spaces frele for any advertising deemed rea- sonable for the City in promoting community interests. SECTION 16. REPORTS TO CITY. Bus Company herein agreels to forward quarterly financial statements to the City within fiftieen days (15) of the close of the previous quarter. Bus Company shall also forward to the City an audited annual report within fqrty-five (45) days of the end of the fiscal year. The format and s,c ope of said reports shall be as designated by the City Manager. Iin addition, Bus Company shall make such reports as may be requesited from the City Councilor the City Manager. - 4 - J(73tf? SECTION 17. HOLD HARMLtSS. I Bus Company shall assuml the defense of, and indemnify and save harmless the City from any a*d all claims, loss, damage, injury and liability of every kind, nature and description, directly or in- directly arising from the performtnce of this agreement. SECTION 18. TERM OF AGtEEMENT. The term of this agreem4nt shall be for a period of twelve (12) months, commencing July 1, 1~74, and terminating on June 30, 1975. However, it is the intent of the ~ity of Chula Vista to renegotiate its contract with Aztec Bus Linesiif the local, state and federal situation warrants and allows suc~ action. SECTION 19. TERMINATIO~ OF AGREEMENT. It is further understooJ and agreed that either party to this agreement may cancel said ag~eement for reasonable cause by written notice delivered to the City Manager, 276 Fourth Avenue, Chula Vista, California 92010 or ~o Mr. P. J. Doogan, General Manager (or other officer of the Bus Comp4ny), Aztec Bus Lines, 4437 Twain Avenue, San Diego, California 92120. Said cancellation notice shall provide for terminating ninety (9q) days from the date of delivery; provided, further that said deliv~ry date must be on or before the first day of any month commencing ia quarterly period, i.e., March 1, and said ninety (90) day cance~lation 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 rlights 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 )/ti}1/LeL? !c/10~Z{ !~.t/ Mayor ?1 the City of Chula Vis"ta . ATTEST~'~'7l-7~dD ~~ ~0{~~~Jr /-. Cl.ty Cle k .:.....' AZTEC BUS LINES (' eneral Manager ff~~ City Attorney -' 5 - If 7-E 0;