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HomeMy WebLinkAboutReso 1978-9087Form No. 342 Rev- 3/7~ RESOLUTION N0. 9087 RESOLUTION OF' THE CITY` COUNCIL OF THE CITY Or CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COUNTY OF SAN DIEGO FOR PUBLIC TRANSPORTATION SERVICES, 1978-79 AND AUTHORIZING THE MAYOR TO EXECUTE SAID A~REEMEN'T The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and the COUNTY OF SAN DIEGO, for public transportation services, 1978-79, dated the 25th day of April , 1978 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approvedT BE I:T FURTE~ER RESOLVED that the Mayor of the City of Chula Vista be, and he ~s hereby authorised and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by a... ~, ,. ., ,. W. J. R ens, Director of Public Works `George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CIT1 OF' CIlULA VISTA, CALIFORNIA, this 25~day of _~pril , 1978 , by the followinc vote, to-wit: AYES : Councilmen Hobel, Cox, Hyde, Scott, Egdahl NAPES: Councilmen None ABSENT: Councilmen None Cam., ~.,e.Q ( . ~~` mayor of the City of Chul Vista ~. ATTEST ~ ~, eputyCiry Clerk f STAT~F CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF CHULA VISTA) I, City Clerk of the Cir_y of Chula Vista, California, DO HEREBY CERTIFY that the above is a cull, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Cler AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES 1978-79 THIS AGREEMENT is entered into by and between the City of Chula Vista, hereinafter called "Operator," and the County of San Diego, hereinafter called "County." RECITALS WHEREAS, Operator currently operates a public bus trans- portation system known ;-~s Chula Vista Transit (CVT) within the City of Chula Vista and its immediate environs; and WHEREAS, Operator and County are desirous of continuing the service provided by Operator to areas within the jurisdiction of County; and WHEREAS, Operator is unable to provide satisfactory and adequate service to the citizens of County without the financial aid of County; and WHEREAS, County 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 ti;e unin- corporated area of County and within certain designated locations therein; and s WHEREAS, Public Utilities Code Section 99288 authorizes County and Operator to enter into a contract for Operator to pro- vide such public transportation service in the unincorporated area of the County and permitting Operator, when such contract is en- tered into, to claim for local transportation purposes from the Local Transportation Fund the apportionment of the County, or so much thereof as may be agreed upon, in the manner provided in Article 4 (commencing at Section 99260) of the Mills-Alquist-Deddeh Act (Ch. 4, Pt. 11, Div. 10 of the Public Utilities Code); NOW THEREFORE, IT IS MUTUALLY AGREED between the parties hereto, upon the following terms, convenants and conditions: SECTION 1. Public Bus Transportation System A. Operator hereby agrees to provide public bus transpor- tation services through and within the unincorporated area of County for the benefit of citizens of and visitors to County, 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 routes, frequency of operation and schedules of arrivals and departures set forth in said Exhibit A, and shall continue its existing fare struc- tures, including transfer policy. C. Operator shall perform two passenger counts of passengers boarding and departing the bus within the unincorporated area. These counts will be made for all scheduled trips for a one week period, Monday through Saturday. Counts will be conducted during the weeks of September 11 through 16, 1978, and March 5 through 10, 1979. A re,~ort summarizing the results of the count will be submitted to County no later than September 29, 1978 and March 23, 1979 for the respective count. Additionally, Agency shall submit monthly passen- ger ridership counts, by route, to County. °- b$7 SECTION 2. Consideration for Services A. As and for consideration for the foregoing services, County hereby agrees that Operator, without further authorization, may include in any claim filed or to be filed for the Fiscal Year 1978-79 with the Local Transportation 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 $50,326 of the apportionment to the unincorporated area of San Diego County. B. It is hereby agreed by and between the parties that $50,326 is based upon the assumption that Operator will provide all the services described in Exhibit A hereto from July 1, 1978 to June 30, 1979, and that if Operator shall perform only a portion of such services, Operator shall be entitled to actually receive from the Local Transportation Agency only an amount equal to that per- centage 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 twelve (12) equal monthly payments. However, Operator shall not be entitled to receive the final monthly payment until County shall certify to the Local Trans- portation Agency the total level of services provided by Operator. Such certification shall be made after June 30, 1979 but no later than July 31, 1979. Based upon that certification, Operator shall be entitled to receive such portion of the final payment as will fully compensate Operator hereunder when added to the other monthly payments. The reports to be submitted to County pursuant to para- graph C of Section 1 above shall be in a form sufficient to enable County to determine whether it is able to make such certifications to the Local Transportation Agency. D. In the event that the amount allocated to Operator by the Local Transportation Agency is insufficient to meet the cost of ser- vices hereunder as set out in Exhibit A, Operator agrees to imme- diately so notify County. County 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. Insurance Operator shall carry and maintain in full force and effect throughout the term of this Agreement, a public liability insurance policy with a limit of coverage of not less than FIVE MILLION DOLLARS ($5,000,000) naming County as co-insured, and a copy of such policy or binder shall be filed with the County Director of Transportation before com- mencement of rendition of services hereunder. The insured waives any right of subrogation against County which may arise by reason of any payment under this policy. This is considered primary coverage for additional insured. 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 County Director of Transporta- tion with certificates evidencing that such insurance is in effect. SECTION 4. Audit At any time during normal business hours and as often as County may deem necessary, Operator shall make avaiable to County for examina- tion all of its records with respect to all matters covered by this Agreement and will permit County to audit, examine and make excerpts or transcripts of such records, and to perform audit procedures as deemed necessary with respect to all invoices, payrolls, equipment, materials, and other data relating to matters covered by this Agree- ment. -2- SECTION 5. Indemnification A. County, 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 Operator, or its agents, employees, or representatives, not including liability by reason of acts or omissions caused by County, 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 what- soever, nor for personal injuries to or death of them, or any of them, cuased by or resulting from any negligent acts or omissions of County, 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 County and its authorized agents, officers and employees against negligent acts or omissions caused by Operator, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor, and County agrees to in- demnify and save free and harmless the Operator and its authorized representatives and employees against negligent acts or omissions caused by County, 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 6. When Rights and Remedies Not Waived In no event shall any payment by County hereunder constitute or be construed to be a waiver by County of any breach of conditions or any default which may then exist or while any such breach or de- fault shall exist in no way impair or prejudice any right or remedy available to County with respect to such breach or default. SECTION 7. Integrated Document This document embodies the agreement between County and Operator for the transportation service described herein and its terms and conditiosn. No verbal agreements or conversation with any officer, agent or employee~of County 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 agreement shall be considered as unofficial information and in no way binding upon County. SECTION 8. 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 ap- plicable law. SECTION 9. Term of Agreement The term of this Agreement shall be from July 1, 1978 to June 30, 1979. SECTION 10. Termination Either party may terminate this Agreement upon ninety (90) days' written notice to the other party; rpovided, however, County may terminate this Agreement at any time if Operator fails to meet or fulfill its obligations or violate any of the covenants, agreements or stipulations as set forth in this Agreement. In the event of termination by either party, County's liability here- under will be limited to the pro rate share of the monthly compensa- tion for work or services performed prior to the effective date of termination. SECTION 11. Independent Contractor Operator is, for all purposes arising out of this Agreement, an independent contractor and no employee of Operator is, for any purpose arising out of this Agreement, an employee of County. SECTION 12. nu5 StO~s Specific bus stops on all routes in the vicinity of route crossings and in heavily travelled commercial areas shall be established by agreement of Operator's Transportation Manager and County's Director of Transportation or his designated representative. At all other portions of the system, buses shall stop at safe and convenient places fcr persons desiring to embark or disembark. SECTION 13. Representatives of County The Director of Transportation of County or his designated repre- sentative shall represent County in all matters pertaining to this Agreement and shall administer this agreement on behalf of the County. SECTION 14. Equal Opportunity and Affirmative Action Operator shall be in compliance with all Equal Opportunity and Affirmative Action Laws. IN WITNESS WHEREOF, Agreement to be executed by t unto duly authorized on this THE CITY OF CHliLA VISTA ~l Mayor of the City of Chula V sta ATTEST: ~~~ ~~~~ Deputy City Clerk the parties hereto have caused this heir respective representatives there- 25th day of _ April 1978. COUPdTY OF SAN DIEGO Clerk of the ssoard of Supervisors Approved as to form by: ~ ,f ~ _ _,~, City Attorney C' Approved and/or authorized by fhe Board of Supen~isors of the County of San Diego cur.' ~ ~ 1976 ~%~ ~~~ Clerk of the Board of Super~,isor SERVICE AND. COST SUMMARY Fiscal Year 1978-79 County of San Diego Bus Service (Chula Vista Transit) GROSS COST REVENUE SUBSIDY PER ROUTE MILES @ $1.22/MILE PASSENGERS @ $.16/PASSENGER NET COST PASSENGER (5) 20,158 $24,593 12,064 $1,930 $22,663 $1.88 (7) 26,466 $32,289 28,912 $4,626 $27,663 $ 096 TOTAL 46,624 $56,882 40,976 $6,556 $50,326 $1.23 LTF Subsidy: $50,326 ROUTE DESCRIPTION Route 5: Enter County on Bonita Road at approximately 100 feet west of I-805; left on Bonita Mesa Road; left on Mesa Vista Way; right on Sweetwater Road to Chula Vista City Limits at Sweetwater Road and Willow Street. Route 7: Enter County on Fourth Avenue, approximately 600 feet south of "L" Street; left on Oxford; south on First Avenue; re-enter County on Palomar at Third Avenue (westbound); right on Fourth to Chula Vista City Line. EXHIBIT "A" (continued) `108 ROUTE MILES TRIPS (5) Weekdays 4.25 16 Saturdays 4.25 11 Sundays -NO SERVICE- Holidays -NO SERVICE- (7) Weekdays 2.79 32 Saturdays 2.79 22 Sundays -NO SERVICE- Holidays -NO SERVICE- TOTALS ROUTE ANALYSIS MILEAGE ROUTE TOTAL COST DAYS MILEAGE MILEAGE @ 1022 260 17,680 53 2,478 20,158 $24,593 260 23,213 53 3,253 26,466 $32,289 46,624 $56,882 PASSENGERS ROUTE REVENUE ROUTE DAYS TOTAL' @ $Oo16 (5) 260 12,064 $1,930 53 (7) 260 28,912 $4,626 53 TOTALS 40,976 $6,556 EXHIBIT "A" (continued)