Loading...
HomeMy WebLinkAboutReso 1981-10504 L\~Y. ""{IV / fl).--v c1- RESOLUTION NO. 10504 RESOLUTION OF THE CITY COUNCIL OF-'l'HE-CrTY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SCOOT FOR TRANSIT SERVICE FOR FISCAL YEAR 1981-82 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 that that certain agr~ement between THE CITY OF CHULA VISTA, a municipal corporation, and SCOOT, for transit service for fiscal year 1981-82 dated the 16th day of June , 19 81 which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby , a copy of the same as though 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. W. J. Robens, Development Services Administrator /.." ;,y;,~'.i," , Approved as to form by --vi/ -jL~ Presented by George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 16th day of June , 19~, by AYES: Councilmen Cox, ~1cCandliss, Scott, Gillow NAYES: Councilmen None ABSENT: Councilmen Mayor Hyde ,.... -. Mayor/of the City of Chula Vista pro Tempore ATTEST ./ STATE OF CALIFORNIA) COUNry OF SAN DIEGO) ss. CITY OF CHULA VISTA) , City Clerk of the City that the above is a full, , and that the same has I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED City Clerk ADOPTED AND APPROVED BY THE SOUTH COAST ORGANIZATION OPERATING TRANSIT (SCOOT) BOARD, this 24th day of June 19 81 , by the following vote, to-wit: AYES: Members Scott, Cox, Hami 1 ton NAYES: Members None ABSTAIN: Members None .. ABSENT: Members Hyde '~~m~/rl;b~0Lbt):;, Chairman, SCOOT Board ~ ATTEST: , .0 , "'.... ,: .~>:~; ':r;?' SCOOT Administrator STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, William J. Robens, Administrator to the South Coast Organi- zation 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that the above and foregoing is a full, true and correct copy of Res1 # 52 and that the same has not been amended or repealed. DATED: 6/30/81 /'. J /7 /://j(/,,.,- /C" -' ~ . t,/, ; \"v i/ //-~ V.P- , SCOOT Administrator /0 Fj O~ . ---~,-- - RESOLUTION NO. 52 RESOLUTION OF THE GOVERNING BOARD OF SCOOT APPROVING AGREEMENT BE'IWEEN THE CITY OF CHUIA VISTA AND SCOOT FOR TRANSIT SERVICE FOR FY 1981-82 . The Governing Board of SCOOT does hereby resolve as follows: WHEREAS, SCOOT was created as a joint powers agency between the City of Chula Vista and the County of San Diego in August, 1979, and WHEREAS, SCOOT provides transit service and makes Transit Development Act (TDA) claims against each member's allocation based on transit service provided, and ~IEREAS, with the exception of updated cost and operating statistics for FY 1981-82, all other provisions of the agreement for FY 1980-81 remain in effect, and WHEREAS, said costs will decrease from approximately $882,000 to $813,651 while the amount of service will decrease by abcut 2% due to systEm route restructuring. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of SCOOT that that certain agreement between South Coast Organization Operating Transit and the City of Chula Vista for transit service for FY 1981-82 be, and the same is hereby approved. Presented by Approved as to form by .. . '_,f l t'.-" ./1 , . ~ " " , : , !.:."J < .,;. ,/ t,'."., W. J. Robens, SCOOT Administrator omas J. Harron, Assistant City Attorney / Ot) oy -.j turn To' . - ,..~' . f.e;;.."" he SOUTH J . M Fulasz, City Oerk ennlC . P. 0. Box 1087 Chula Vista, California 92012 AGREEMENT BETWEEN COAST ORGANIZATION OPERATING TRANSIT AND THE CITY OF CHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES FY 1981-82 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, 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 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 Mi11s-A1quist-Deddeh Act (Ch. 4, Pt. II, Div. 10 of the Public Utilities Code); NOW THEREFORE, ;(-/os-~ ~ PAGE 2 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 the times, and upon the schedules set forth on Exhibit A, attached hereto and incorporated herein as if set forth in full. 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 policy 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 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 City. SECTION 2. Consideration for Services: A. As and for consideration for the foregoing services, City hereby agrees that Operator, without further authorization, may include in any claim filed or to be filed for the Fiscal Year 1981-82 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 $898,162 of the apportionment to the incorporated area of the City of Chula Vista. B. It is hereby agreed by and between the parties that $898,162 is based upon the assumption that operator will provide all the services described in Exhibit A hereto from July 1, 1981 to June 30, 1982, and that if Operator shall perform only a portion of such services, Operator shall be entitled to actually receive from the Regional (o~o~ PAGE 3 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, 1981, and ending on May 1, 1982. 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, 1982. Based upon that verification, Operator shall be entitled to receive such portion of the final payment on or before August 1, 1982, as will fully compensate Operator hereunder when added to the other FY1982 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 City. City agrees in that event that this 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. SECTION 3. Vehicles To Be Provided And Storage Thereof: Operator agrees to provide an adequate number of units 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 FY 82, 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. 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 Development Services Administrator 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 "F" lo60~ PAGE 4 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 employees to insure a maximum degree of security for City of Chula 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 public 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 Chula Vista Transit System unless specifically authorized by the Development Services Administrator, 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 Development Services Administrator, or his designated representative. The Chula Vista Development Services Administrator 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. 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 four (4) 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 assigned unit. City agrees that one spare unit may also 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. (0 tioy PAGE 5 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 FIVE MILLION DOLLARS ($5,000,000) 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 policy of 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 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 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 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 requirements of this Act. City may audit SCOOT records at any time during normal business hours. I000Y PAGE 6 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, 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 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, 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 any negligent 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 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 28. 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. SECTION 9. 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 ! 0 C] D~ PAGE 7 agreement shall be considered as unofficial information and in no way binding upon City. 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 applicable law. SECTION 11. Term of Agreement: The term of this Agreement shall be from July 1, 1981, to June 30, 1982. SECTION 12. 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 13. 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 14. Equal Opportunity and Affirmative Action: Operator shall be in compliance with all Equal Opportunity and Affirmative Action Laws. 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, los-o~ PAGE 8 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 16th day of June , 1981. THE CITY OF CHULA VISTA SC OOT -7/ / BYV?~~/.J-~_.;~l, . Chairman of OOT L~~'L~ Board of Directors Chula AT'rEST: ~, ~~~~ . City Clerk Approved as to form by: lf~ Attorney 4' ~~ IO'0OL{