HomeMy WebLinkAboutReso 1978-9270L
RESOLUTION NO. 9270
resol
betw~e
AZTEC
Vista
June 3
dated
which
fully
Form No. 342
Rev. 2/76
RE5O UTION OF THE"CITY COUNCIL OF~~iE""CITY OF CHULA
VIST , APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VIST AND AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS
SER TCE IN THE CITY OF CHULA VISTA FOR TWENTY-FOUR
MON HS COMMENCING JULY 1, 1978 AND ENDING JUNE 30, 1980
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The~City Council of the City of Chula Vista does hereby
as fo lows:
NOW, THEREFORE, BE IT RESOLVED that that certain agrQement
THE C TY OF CHULA VISTA, a municipal corporation, and
US LIN S, to provide intra-city bus service in the City of Chula
or twe ty-four months commencing July 1, 1978 and ending
1980
he 12 h day of September 1978 , a copy of
s atta hed hereto and incorporated herein, the same as though
et for h herein be, and the same is hereby approved.
BE ]
Vista e, and
agreem nt for
Presen ed by
T FURTHER RESOLVED that the Mayor of the City of Chula
he is hereby authorized and directed to execute said
and on behalf of the City of Chula Vista.
Approved as to form by
~~~.
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W . J . ~tobens , II Director of
PublicWorks ',
VISTA,
AYES:
NAYES:
ABSENT
r - . __ - ,,rte
George D. Lindberg, City Attornney
ADO TED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
CALIF0~2NIA, this 12th day of September , 19 78 , by
Councilmen Cox, Hyde Gillow Scott - -
Councilmen Tone --
Councilmen Egdahl
L, C
~_ `~
~, Mayor of the City of Chul ista
ATTES / `-V
City C erk
STATE F CALIFORNIA)
COUNTY OF SAN'S, DIEGO) ss.
CITY O CHULAjVISTA)
ICI , City Clerk of the City
of Ch la Vista, California, DO HEREBY CERTIFY that the above is a full,
true nd corr,ect copy of Resolution No. and that the same has
not b en amended or repealed. DATED
City Clerk
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS
SERVICE IN THE CITY OF CHULA VISTA FOR TWENTY-
FOUR P'IONTH5, COMMENCING JULY 1, 1978
of
a
LI
co
THIS AGREEMENT, made and entered into this 12th day
Se ember , 1978, by and between the CITY OF CHULA VISTA,
nicip 1 corporation, hereinafter called "CITY"; and AZTEC BUS
S, 44 7 Twain Avenue, San Diego, California 92120, a California
orati n, hereinafter called "BUS COP4PANY";
W I T N E 5 S E T H
WHEREAS, City and Bus Company have heretofore entered
in o an endment to the basic Agreement for providing bus service
to the Ci y of Chula Vista, as contained in agreement, approved by
Re olutio No. 9149, adopted by the City Council of the City of
Ch la Vis a on the 22nd day of June 1978, and
WHEREAS, it is now desired to rescind all previous agreements
an amend ents thereto and enter into a new agreement commencing services
by Aztec us Lines to the City of Chula Vista effective July 1, 1978.
NOW, THEREFORE, in consideration of the premises and for
of er goo and valuable consideration, receipt of which is hereby
ac Howled ed, the parties hereto agree as follows:
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SECTION 1. INTRA-CITY BUS SERVICE
Bus Company agrees to provide intra-city bus service to
City f Chula Vista for a period of twenty-four months commencing
y 1, 1978 and terminating June 30, 1980, in accordance with the
ms and conditions set forth herein. It is the intent of both
ties t renegotiate a contract for bus service operation from
y 1, 1980 to June 30, 1981 as soon as possible after FY 1979 service
been rovided. City does hereby grant to the Aztec Bus Lines, a
poration, its successors and assigns, the privilege to operate over
upon the public streets of the City of Chula Vista, along certain
tes a d in accordance with certain schedules to be established
the m nner provided herein, excepting those routes which are
viced y other operators of public transportation and utilizing
units the number and nature as provided herein for the purpose
carrying passengers for hire between the points designated on
rout s established.
SECTION 2. VEHICLES TO BE PROVIDED AND STORAGE THEREOF
Bus Company agrees to provide an adequate number of units
buses of the transit type subject to the approval of the Director
Publi Works. Bus Company will serve the City of Chula Vista
th sev n (7) bus units in FY 79 , of the
rty-fi e (45) passenger diesel transit type which are hereby approved
the n er and type to be used in the service of intra-city bus
ansit. It is agreed that any unit utilized will be clearly marked
d iden ified as the Chula Vista Transit Service and such units will
ntain ~oute designation signs located in the top front window
mpartm nt of each unit and will constantly be used on the respective
ute ex ept in cases of bus breakdown or emergency maintenance.
is fu ther agreed that this and any other such designation pro-
ded by the City and approved by the Director of Public Works will
appro riately implemented by the Bus Company and its employees.
-1-
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Ch
ag
Bu
to
us
Ch
th
of
sp
Compa
la Vis
ees to
Compa
CVT se
d on t
la Vis
Chula
ces sh
ar a of t
ov r all
Ci y buil
of Public
me
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0
on
ma
as
un
hi
an
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hi
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st
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op
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ar
th
in
un
tat un
ration
ors, p
lusive
er per
Compa
public
ntain,
ociate
ess sp
desig
repla
vice,
desig
autho
to Tra
ndards
along
the m
spare
ration
vice o
ees th
a at t
City
Sectio
quely
be.
Ci y of C
Pu 1ic Wo
cu ar str
to the ap
mu t firs
as deline
of the Ci
ro tes as
Cl rk. I
fo bus u
wh shall
ne essary
y will repaint all coaches that will be newly placed in
a Transit Service in the appropriate color scheme. City
pay Bus Company the reasonable cost of performing this work.
y will maintain the original CVT paint job on buses assigned
vice. All identification, signs, insignia and colors to be
e buses shall be subject to the approval of the City of
a. City agrees to provide at the City shops, located at
est corner of "F" Street and Woodlawn Avenue in the City
ista, necessary spaces for the storage of said units. Said
11 be designated and Bus Company shall insure that no other
e shops are used for said purpose and shall exercise control
f its employees to insure a maximum degree of security for
ings and equipment subject to the control of the Director
Works of the City of Chula Vista.
Bus Company agrees that any and all basic and supple-
ts which are designated for use in the Chula Vista Transit
and which are permanently identified as such by distinctive
inted designs, signs or other means will be reserved for
use in said operation and will not be used for hire by
ons, or groups of persons, company, organization, etc.
y further agrees that said vehicles will not be operated
streets for any purpose other than required to operate,
repair, wash, license, fuel, shuttle, or other activity
with the normal operation of the Chula Vista Transit System
cifically authorized by the Director of Public Works, or
ated representative. .Prior to leasing and/or acquiring
ement or additional vehicles used in Chula Vista Transit
us Company will notify the Director of Public Works, or
ated representative. The Director of Public Works will have
ity to inspect and/or reject any buses proposed for Chula
sit service based on industry accepted operational/maintenance
SECTION 3. SUPPLEMENTAL UNITS
In addition to the basic units to be operated in the manner
the routes and in accordance with .the schedules established
:thods provided herein, Bus Company shall also provide four
units to be used as augmentation or backup for the normal
during peak hours or times of excessive demand upon the
in the event of a breakdown of an assigned unit. City
it said supplemental units may also be stored in a designated
ie City yard located at "F" Street and Woodlawn Avenue in
if Chula Vista subject to security controls as set forth
i 2 hereinabove. These supplemental units must also be
designed or configurated as the basic units are required
SECTION 4. ROUTES ESTABLISHED
Bus Company agrees to proceed across the streets of the
Tula Vista along routes established by the Director of
-ks. Said route designations, both as to number and parti-
:ets utilized and bus stops designated, shall be subject
>roval of the Director of Public Works and any change therein
: be approved by the Director of Public Works. The routes
ited on the City map shall be kept on file in the office
.y Clerk. Bus Company agrees to adhere strictly to the
described on the map on file in the office of the City
is understood and agreed that any bus stops so designated
sits shall be prescribed by the Director of Public Works
cause curbing to be appropriately marked and provide
signs and the installation thereof.
-2-
~ 1 ~~/
SECTIOPd 5. OPERATING SCHEDULE
nu er as
as approv
Cl rk. T
ro tee sh
4eekdays
Saturday
Sunday
-Ieadway
Sam-7pm Sam-7pm 9:20am-5:12pm Sam-7pm
0
1 hour
5
0
1 hour 20 minutes 1/2 hour
6
0 0
7
Ad ustmen of said schedules may be indicated by experience and may
be modifi d with the approval of the City Council; provided, however,
th Direc or of Public Works may make such minor modifications as may be ap-
pr priate for the efficient operation of the systema All said approved
sc edules or modifications thereof shall be on file in the Office
of the C y Clerk. It is further agreed that Company shall not be
re uired o operate on the following holidays when said holidays fall
up n the aye Monday through Saturday (or Mondays or Fridays celebrated
in lieu t ereof): New Year's Day, Memorial Day, July 4th, Labor Day,
Th nksgiv ng Day and Christmas Day.
SECTION 6. OPERATION TO BE EXCUSED
Operation by Bus Company under the terms and conditions
of this a reement shall be excused while and so long as Bus Company
sh 11 be revented from operating by war, riot, insurrection, acts of
Go , stri es, lockouts, or other labor disturbances; inability to
pr cure f el, tires or other necessary supplies; legislation, national
or state r local; lawful orders of public regulatory bodies or. agencies
ha ing ju isdiction with respect to said operation; or by any other causes
of any ki d beyond the control of the Bus Company. The provisions of
th s sect on are subject to conditions set forth in Section 13.
SECTION 7. DRIVER PERFORMANCE
Bus Company shall provide such driver training, orientation
an super ision as is appropriate to fully familiarize all Company
dr vers a signed to Chula Vista Transit Service with the operating
sc edules routes, transfer policy, and performance standards; i.e.,
co rtesy, safety, and schedule adherence of the Chula Vista Transit
Sy tem. nder such training and supervision program, Bus Company
sh 11 enc urage all drivers assigned to Chula Vista Transit Service
to strict y adhere to the following Chula Vista Transit Driver
Pe forman e Standards:
sh~uld be
de oarded
fo unfo
it empl
1. All buses shall be driven in a safe manner. Care
exercised to ensure that passengers are safely seated and
before starting the bus;
2. Adherence to schedule and route is mandatory except
seen circumstances beyond the control of Bus Company and
ees;
-3-
Bus Company agrees to operate bus units, the type and
set forth hereinabove, in accordance with the schedule
d by the City Council, on file in the Office of the City
e operating hours of service on all Chula Vista Transit
11 be comprised of the following:
ROUTE NUMBER
1 2 3
4
Gam-10~m Gam-7pm Gam-7pm 6:30am-10:30pm Gam-lOpm 9:20am-5:12pm Gam-lOpm
Gam-10 m Sam-7pm 0
0 Sam-7pm 0
1 hou$ 1 hour 1 hour
~~r
3. Drivers shall be courteous to all passengers;
Tr nsit
(a d any
4. Drivers shall carefully complete the Chula Vista
fivers Daily Logs as well as take accurate regular daily
pecially requested) passenger counts;
5. Drivers shall be neat in appearance;
6. Drivers shall not smoke on the bus at any time and
en orce s me policy for Chula Vista Transit passengers as well.
7. Drivers must provide transfer in conformance with
Ch la Vis a Transit transfer policy upon request of passenger.
8. Drivers must insure that the proper and exact fare
is placed in the fare box by the passenger. If any problems arise,
th drive s may act at their own discretion, accept the fare and
in orm th passenger to contact the Chula Vista Transit Office.
9. Drivers must notify Aztec office immediately if the
ve icle i unable to continue operation.
Driver's failure to follow these policies shall be cause
fo Bus C mpany to honor the City's request for driver's dismissal
fr m Chul Vista Transit Service after appropriate written and verbal
wa nings ave been given to the Company driver by the Director of
Pu lic Wo ks or his designated representative. .Prior to Bus Company
re ssignm nt of driver previously dismissed from Chula Vista Transit
Se vice, o Chula Vista bus service, notice shall be given to Director
of Public Works, who will make a decision on whether or not this
driver re ssignment is acceptable to the City.
SECTION 8. MAINTENANCE AND REPAIRS
Bus Company agrees to accept full responsibility for
ma'ntenan e, repair and any necessary replacement of Company-owned
units, an to keep said units in a safe and good running condition, as
we 1 as t keep units in reasonably clean condition (both the inside
an outsi e of coaches), and guarantees the availability of the
nu er of units agreed upon as being appropriate to maintain the
sc edules as approved by the City Council; provided, further, that
th City hall work with Bus Company in order to make possible the
i ediate substitution of bus units and shall allow the use of the
Ci y yard for emergency repair work only.
Bus Company agrees to institute and maintain a formalized
pr ventat've maintenance program for buses used in this operation.
Th progr m will consist of the various, periodic mechanical and
visual eq ipment checks, test, performance evaluations, and proce-
dures, as outlined in Exhibit "A" attached hereto. Completion of
th requi ed checks will be documented on forms for that purpose,
co ies of which will be provided to the Director of Public Works on
a eekly asis. A separate coach record card from the cost accounting
system on each bus shall be submitted to the Director of Public Works
e ch mont The Bus Company agrees to perform these preventive
operations on a rotation basis, scheduled in such a manner as to insure
that app owed number of vehicles are available as needed for operation.
B s Company also agrees that all necessary unscheduled repairs and
m intenance will be performed as needed to insure continued operation
o the s stem.
-4-
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cen
of
(6)
far
per
of
cha
Die
pas
Bus Company agrees to charge a standard tare or thirty-rive
> ($0.35) per passenger for all individual passengers during all hours
~eratio provided, however, that all children under the age of six
years s all be allowed to ride without charge if accompanied by a
-paying passenger. Seniors age sixty (60) and over and handicapped
>ns and students up to and including the twelfth grade shall pay a fare
_f teen ents 00.15). Passengers on Route 6-Downtowner shall be
fed a f re of ten cents ($0.10), and no Chula Vista Transit or San
~ Transit Company transfers will be accepted. All San Diego Transit
's will be accepted on this and all routes.
SECTION 10. TRANSFER RIGHTS
Bus Company agrees to provide,
sup lied by the City which may be used for
rou e to another within the City of Chula
Rou e 6 an with all the San Diego Transit
designated transfer points as shown on the
the City C erk as approved by the Director
wit rules established by the City.
free of charge, transfers
transferring from one bus
Vista with the exception of
Corporation buses, at the
map on file in the office of
of Public Works in accordance
SECTION 11. COMPENSATION FOR SERVICES PROVIDED
It is agreed that the City will pay the Bus Company for the
pro isions of bus service in accordance with the designated rates and
sch dules, pursuant to the terms and conditions of this agreement. Pay-
men shall be made quarterly in advance based on estimated revenue service
mil s oper ted per quarter, commencing on the 15th day of October for the
sec nd qua terly period from October 1, 1978 to January 1, 1979, and on
the 15th d y for each succeeding quarter. 50 of the final quarterly pay-
men to be made on April 15, 1979 and April 15, 1980 shall be withheld by
the City, ith reimbursement to be made to the Bus Company or by the Bus
Com any on or before July 15, 1979 and July 15, 1980, subject to a re-
vie of mi imum mileage analysis and adherence to all other contractual
req firemen s. Said quarterly payments shall be received in person by an
aut orized representative of the above company, at the City's Finance
Dep rtment at 276 Fourth Avenue, Chula Vista, California.
The City agrees to pay Bus Company $1.3497 per revenue service
mil opera ed in Fiscal Year 1979. The City is estimating the number of
rev hue se vice miles to be operated during Fiscal 1979 to be 470,192. The
tot 1 sum ue the Bus Company under this agreement is, therefore, estimated
to e $634,618 for the bus service provided in Fiscal Year 1979. In accord-
anc with ection 12 B., the compensation provided herein shall be ad-
jus ed by pplying the average San Diego CPI increase for FY 1979 and
FY 980, i a San Diego CPI is available. In the event that a San Diego
CPI is not available, a mutually agreed upon price index shall be applied
to he estimated Fiscal Year 1979 and projected Fiscal Year 1980 operating
cos s as d signated and applicable under Category 3 of Exhibit B.
The actual cost for insurance, vehicle license taxes and
veh cle an radio leases, which have been determined and fixed for Tiscal
Yea 1979, shall be added to said amount to compute the actual Fiscal Year
197 opera ing cost per mile. If the same number of buses (seven regular
and four s ares) are contracted for and required during Fiscal Year 1980,
the actual cost for insurance, vehicle license taxes and vehicle and radio
lea es fix d for Fiscal Year 1979 shall remain the cost for these items
in fiscal ear 1980. If additional buses are required by the City, com-
pen ation or services provided during Fiscal Year 1980 shall be negoti-
ate as pr vided under Section 11 of this agreement. In any event, a
loo mark-u will then be computed to arrive at Fiscal Year 1979 and
Fis al Yea 1980 contract cost per mile.
Upon a City decision to provide additional or reduced scheduled
fix d rout service (either new routes or extensions or reductions of
exi ting r utes) or a change in the number of revenue service miles pro-
vid d by B s Company due to strike, civil disaster or other public cala-
mit it i the intent of the City to negotiate a mutually agreeable cost
per mile rate as applies to the specific additional or reduced miles
ope ated. This provision will apply to all cases of variation in service
mil s unless an existing route is extended or reduced by less than 600
rev hue service miles and/or 50 service hours per year, in which case
the existing contract cost per mile figure shall apply.
-5-
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to
dur
COS
bur
sec
men
and
gal
yea
to
in
Bus
(SECTION 12. ADJUSTMENTS TO COMPENSATION
A. Fuel Prices
It is estimated that the average cost for fuel charged
s Comp ny, including appropriate fuel taxes will be $0.467/gallon
g FY 79 and $0.492/gallon during FY 80. If the actual average
for f el turns out to vary from these estimated figures, reim-
ment will be made by the appropriate party in addition to the
d quar erly payment due in the following fiscal year. Reimburse-
is bas d on the difference of $0.467 in FY 79 or $0.492 in FY 80
he act al fuel cost(s) multiplied by the appropriate number of
ns use in the operation of CVT during the corresponding fiscal
For xample, if the actual average cost of fuel was determined.
$0.487/gallon in FY 79 and the number of gallons of fuel used
ula Vista Transit was found to be 100,000, the City would reimburse
ompany $2,000 in the second quarter of FY 80.
B. Application of CPI
fla
the
and
for
cor
Fis
fla
Yea
San
Yea
if
For
is
qua
1-1
Yea
no
sho
Bus Company and City acknowledge that an estimated 6o in-
ionary factor has been incorporated into the monthly cost shown on
bit B for those items to be adjusted by CPI. Both parties agree that
actual Fiscal Year 1979 costs for insurance, vehicle license taxes,
vehicle and radio leases as shown on Exhibit B shall remain fixed
Fiscal Year 1979 and Fiscal Year 1980. Upon examination of the
esponding Fiscal Year's San Diego CPI (i.e., Fiscal Year 1979 and
al Yea 1980), as determined by the U. S. Department of Labor,
au of abor Statistics, the difference between the estimated 6o in-~,
ionary factor and the actual annual San Diego CPI Index for Fiscal
1979 ill be reimbursed in Fiscal Year 1980. The actual annual
Diego PI Index for Fiscal Year 1980 will be reimbursed in Fiscal
1981. Bus Company will be reimbursed .this difference by the City
he act al CPI Index exceeds 6% and, if the actual CPI Index is lower
60, B s Company agrees to reimburse the City the appropriate sum.
exampl if the actual average annual CPI Index for Fiscal Year 1979
.5, th City would reimburse Bus Company $8,651 in the second
ter of the succeeding Fiscal Year. The $8,651 is based on the
2% CPI increase over the estimated 60, multiplied by the total Fiscal
1979 perating costs as shown on Exhibit B, Item 3; provided, however,
PI inc eases or decreases shall be applicable to any of those costs
n on E hibit B, Items 1, 2 and 4.
SECTION 13. PENALTY FOR FAILURE TO PROVIDE SERVI:GE
any
or ~
p lo:
the
purl
min:
on ;
the
cos
and
or
spa:
Ope:
In the event that a scheduled bus trip is not operated on
..design ted route for reasons of equipment failure, operator failure,
ether r asons not beyond the control of the Bus Company and its em-
~ees, a cept natural and civil disasters, the City will be repaid
cost o such service as was not provided by Bus Company. For
poses o computing said repayment, each route will have designated a
,mum daily mileage; in the event that the total mileage for any route
any day of operation, as reported on the Driver's Daily Log, is less
~ the d signated minimum, Bus Company shall pay an amount equal to
differ nce between the minimum and reported mileage times the current
per.m`le of service. As used in this section, daily mileage begins
ends a the City yard, or at another designated Chula Vista relief
:ermina point. This section will not take effect unless four (4)
'e unit are provided by Bus Company for the Chula Vista Transit
ration.
-6-
9~ ~~
The designated minimum daily mileage for each route is
as
follow:
.te
will be s~
pr vision
re pectiv
li ting w
re ained
to
pa
in
un
Oc
Se
su
s
u
C
City,
~ment t
~ the q
.ts of
sober 1
M embe r
th t Bus
re ording
pr pared
iz d form
Th origi
office an
of Public
su mitted
th parti
Di ector
al co
ts.
ces n
said
v in
SCHEDULED DAILY MINIMUM DAILY
MILEAGE MILEAGE
Mon-Fri Sat/Sun Mon-Fri Sat/Sun
240 240/0 235 235/0
203 171/171 198 165/165
308 0/0 202 0/0
303 209/0 296 202/0
304 209/0 297 202/0
85 85/0 82 82/0
224 157/0 217 152/0
Any amounts due to the City, pursuant to this section,
~btracted from the final quarterly payment due to the
iy, pursuant to Section 11.
The City will accompany any claim for repayment under the
of this section by a listing of the dates, routes, and
mileage deficiencies. Source documentation for said
_11 be the Driver's Daily Log, a copy of which will be
>y the Bus Company and the City.
SECTION 14.. COLLECTION OF FAREBOX, ADVERTISING
AND CHARTER REVENUES
It is agreed that Bus Company shall account for, and pay
ill fare revenues received during FY 79 and FY 80. Said
> City shall be quarterly on the 15th of the month follow-
zarter in which fare revenue is collected by the operating
Sus Company. The first fare payment to City shall be on
i, 1978, for fare box revenue collected from July 1 through
30, 1978, and on the 15th of the month .following each
~ quarter.
It is understood and agreed between the parties hereto
ompany's drivers shall prepare duplicate receipts daily
the total fares collected each day.. Duplicate receipts
y Bus Company's drivers shall be so prepared on a standard-
clearly marked as "Original" and "Duplicate/True Copy".
a1 shall be delivered to the Bus Company at its central
the duplicate/true copy shall be delivered to the Director
Works of the City of Chula Vista. Said receipts shall be
by the close of the first business day immediately following
ular working day. Bus Company shall submit to City Finance
ach month a weekly computation report of fares collected.
It is further understood and agreed that City shall have
rot over the sale of advertising on any of the operating
e Bus Company shall have the right to use any interior
under contract at the time. The requests may be made to
paces free for any advertising deemed reasonable by the
omoting community and Bus Company's interests.
-7-
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Pul
try
chi
g
se
Bu
Bu
in
ne
Fi
be
au
la
sh
pe
Bus Company shall receive approval from the Director of
~lic Wo ks or his designated representative prior to using any
~nsit v hicle provided for Chula Vista Transit operation for
~rter s rvice. In the event that Bus Company desires to use CVT
.(es) f r charter service, and prior approval for such use is
inted b City, Bus Company shall pay City $0.25/vehicle mile for
:al mil age operated during the appropriate time period of charter
-vice. This amount of charter revenue shall be included in the
Compa y's quarterly fare payments to City as stipulated above.
Compa y shall separately note the amount of charter revenue
:luded.
Bus Company shall be responsible for all accounting tasks
:essary to provide appropriate information to the Director of
lance o the City of Chula Vista, which accounting information shall
subjec to review by the Director of Finance or the independent
iitor e ployed by the City at reasonable times. .It shall be expected
~t the ccounts of Bus Company and any financial information re-
vive to the operation of Bus Company in the City of Chula Vista
X11 be pen for inspection by the Director of Finance or the inde-
ident a ditor of City at reasonable times.
of ect th
in a mini
($ ,000,0
sh 11 nan
ad itiona
file in t
Bu Compa
ag Bement
pe sons e
ce tifica
1 cal, st
wrkof
r cords r
o mechar
e ployee:
r ce, crs
o herwisE
t ke aff=
t at emp:
t eir rac
t ansfer
p ssesse:
fist obi
o trans:
SECTION 15. INSURANCE REQUIREMENTS
Bus Company agrees to carry and keep in full force and
:oughout the period of this agreement liability insurance
num amount of a single limit of FIVE MILLION DOLLARS
)0.00) with first dollar coverage. Such insurance policy
the City of Chula Vista and County of San Diego as
L insured, and a copy of said policy shall be kept on
~e office of the City Clerk of the City of Chula Vista.
ny shall also secure and maintain, during the life of this
adequate Workmen's Compensation insurance covering all
:nployed by Bus Company, and shall furnish the City with
tes showing that all insurance is in effect.
SECTION 16. COMPLIANCE WITH LAW
Bus Company further agrees that it will comply with all
ate and federal laws and regulations pertaining to the
ny laborer, workman or mechanic, and will keep accurate
f the hours and times worked by any such laborer, workman
ic. Bus Company shall not discriminate against any worker,
or applicants, or any member of the public, because of
ed, age, color, religion, sex or national origin, nor
commit an unfair employment practice..~~Bus Company will
rmative action to ensure that applicants are employed and
oyees are dealt with during employment without regard to
e, creed, color, religion, age, sex or national origin.
SECTION 17. SALE OR TRANSFER
Bus Company agrees that it will not sell, assign, or
in whole or in part, any right, title, or interest it
by reason of this agreement to any other person, without
aining the written consent of City to such sale, assignment
er.
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>ECTION 18. INDEPENDENT CONTRACTOR
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SECTION 21. TERM OF AGREEMENT
The term of this agreement shall be for a period of
tw my-fo r (24) months commencing July 1, 1978, and terminating
at 10:00 .m. on June 30, 1980.. However, it is the intent of ,the
Ci y of C ula Vista to negotiate future Chula Vista Bus contracts
wi h Azte Bus Lines if local objectives and state and federal
co dition warrant and allow such action.
SECTION 22. TERMINATION OF AGREEMENT
ag eement
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us Company shall carry out the terms of this agreement
~n inde endent contractor, and not as an agent or employee of
City.
ECTION 19. REPORTS TO CITY
Bus Company shall provide the City with a statement of
imated xpenses for succeeding fiscal years and income statements
the prior fiscal year's Chula Vista bus service operation on
ust 15, 1979 and August 15, 1980. The format and scope of said
ort sh 11 be as designated by the Director of Public Works. Bus
pany a rees to complete and submit all previously agreed upon forms
the Ch la Vista Cost Accounting and Reporting System to the City
bus s rvice operation commencing on July 1, 1978, on a monthly
is (or as so stipulated within the Reporting Schedule), within
weeks of the close of the appropriate reporting period. In
ition, Bus Company shall make available such reports free of
rge as may be requested from the City Council or the Director of
lic Wo ks, unless such reports are of such complex and time-
suming nature, in which case City will .reimburse Bus Company
reaso able cost of preparation of such report(s).
SECTION 20. HOLD HARMLESS
Bus Company shall assume the defense of, and indemnify
save armless the City of Chula Vista and County of San Diego
any nd all claims, loss, damage, injury and liability of every
nat re and description, directly or indirectly arising from
perfo mance of this agreement.
It is understood and agreed that either party to this
may cancel said agreement for reasonable cause (i.e., a
t either party to substantially perform in accordance
terms and conditions of this contract), by written notice
to the Director of Public Works, 276 Fourth Avenue,
~a, California 92010, or to Mr. John Nickelson, General
~r other officer of the Bus Company), Aztec Bus Lines,
z Avenue, San Diego, California 92120. Said cancellation
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not ce sha 1 provide for terminating sixty (60) days from the date
of eliver It is understood and agreed that during this period
of ime bo h parties shall work toward satisfying the causes or
rea ons fo the request for termination in a manner mutually beneficial
to he par ies. If a mutual agreement cannot be worked out, then all
rig is and obligations of the parties hereto shall forthwith be
ext nguish d and terminated at the termination of said sixty (60)
day period
thi agree
set forth.
THE
WITNESS WHEREOF, the parties hereto have caused
t to be executed the day and year first hereinabove
(CITY 0~ CHULA VISTA
>r of t e City of Chu Vista
ATT~S
Y
App oved a to form by
~~°
Attorney
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AZTEC BUS LINES, INC.
Leonard Zlo of Pres nt
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EXHIBIT A
MAINTENANCE SCHEDULE
Level P,~- Daily Maintenance at C. V. Yard
1. Che k and fill all fluids (.fuel, oil, water, etc.)
2. Che k air pressure gauge
3. Ope ations Check - Pedal brakes and hand brake
4. Dra'n air tanks
5. Che k low air warning device.
6. Ope ations Check. - All lights (exterior and interior)
7. Ope ations Check. - All instruments and accessories
8. Con ition Check- Mirrors
9. Con ition Check.- Glass
0. Che k driver report deficiencies
1. Che k emergency equipment.
Level-B - Weekl Maintenance at F;ztec Yard
Lev 1 A Maintenance.
Con ition Check -All belts and hoses
Con ition Check - All linkages
Con ition Check- Exhaust System
Con ition Check - Tires
Che. k Wheel studs
Con iti.on Check - Interior & Exterior Appearance
Was and sweep
Roa test bus
sveT C - Ever 6,QOQ Miles or Ever Si:~tth Week, Whichever O'c'curs'First
Lev 1 B Maintenance
Che k brake lining and adjust brakes
3. Che k air brake lines and diaphragms
Che k drive lines and universals
Dra'n oil
Com l ete chassis lubrication
7. Cha g e oil filter and fuel filter
Che k engine bulkhead bolts
Cle n oil strainer
1 Che k shtick absorbers and bushings
1 Che k wheels and hubs
1 Che k bellows
1 Che k exhaust brackets and clamps
1 Che k stable bar rubbers
1 Cle n differential breather
1 Che k differential oil
1 Che k ti.re pressure (85# Front; 75# Rear)
1 Ch.e k ground strap
1 Tig ten transmission
2 Add engine oil
2 Cle n batteries
2 Che k battery cable
2 Che k cooling system for leaks
2 Lub accelerator system
2 Che k electrical system
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EXHIBIT A (Continued)
L$vel D
Every 12,000 Miles or Every Twelve Weeks,
Whichever Occurs First
1 Leve C Maintenance
2 Stea clean engine, radiator and wheels
3 Chan e transmission oil and filter
4 Clea air cleaners and. add fresh oil
5 Chec front end tightness and alignment
6 Comp ete engine tune-up
7 Adju~ t headlights
vel E ~ Every 36,000 Miles or Every 26 Weeks, Vhichever
Occurs First
1.
2.
3,
4,
5.
6,
Leve D Maintenance
Clea inspect, and repack wheel bearings; replace seals
and askets, as needed
Chec entire brake system; replace component parts, as
need d
Chec voltage regulator, points, and generator, brushes,
comm tator and bearings
Repl ce damaged and defective wiring
Chan e oil in all gear boxes, inspect condition of gears,
bear ngs and magnetic plug for metal
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EXHIBIT B
Aztec Bus Lines
Chula Vista Transit
Summary of Actual and Projected Expenses
Cat
#1
#2
#3
#4
thly Route Miles*
Colt Per Mile
FY-1978-79 FY-1979-80*
$14,730
3,683
8,405
330
3,300
283
8,088
1,819
87
2,703
552
3,668
415
ono nc~
39,183
$ 1.227
$16,940
4,235
8,405
330
3,300
283
8,929
1,928
92
2,903
585
3,888
440
552,258
39,183
$ 1.333
*Assumes continued operation of eleven (11) buses (7 regular
an 4 spares) during 1979-80. If new routes are added com-
pe sation for service to be negotiated. as provided under
Se tion 11 of the Agreement. Category #2 item adjustments
ar not affected by C.P.I., but increased in direct ratio
to increased mileage for insurance and a flat amount for
ra io, bus and vehicle license expense, i.e., one (1) new
bu added would increase bus lease expense by $300/month;
ra io lease by $30/month; vehicle license fee by $25/month.
yyyr
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,,, Per Month Cost:
- Labo
Dr'
Fr'
Contract Determinations
vers' Wages
rages
- Item Fixed by Mutual Agreement
Li bility Insurance
Ra io Lease Expense
Bu Lease Expense
Vehicle License Expense
- Item Adjusted by San Diego CPI
Ga age Expense & Equipment
Ti e Expense
~Oi
Ge eral & Administrative/
Station & Traffic
Mi cellaneous
- As P ovided in X12 A
Fu 1
Fu 1 Tax
al Monthly Cost
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