HomeMy WebLinkAboutReso 1978-9100RESOLUTION NO. 8100
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVIrdG AN AMENDMENT TO THE FISCAL YEAR 1978-79
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY
OF CHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain Amend-
ment to the Fiscal Year 1978-79 Agreement between the County of
San Diego and the City of Chula Vista for public transportation
services, dated the 9th day of May 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 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
Amendment for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
.~ ~ ~ ~, '~~- `~ ~ ~- ~ ~ ~ } ., '"rte
W. J. Ro ens, Director of //~ eorge Lindberg, City Att ey
Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this gth day of May , 197 8 ,
by the following vote, to-wit:
AYES: Councilmen Cox, Hyde, Scott, Hobel
NAYES: Councilmen None
ABSENT; Councilmen Egdahl
~t
ATTES "~ ~ Mayor of the City of ula Vista
1
-~-~~ -
City Clerk
(,
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) 55.
CITY OF CHULA VISTA)
I, , City
City of Chula Vista, California, DO HEREBY CERTIFY that
a full, true and correct copy of Resolution No. ,
same has not been amended or repealed. DATED
Clerk of the
the above is
and that the
City Cler
< ) - ~%~G~
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF
SAN DIEGO AND THE CITY OF CHULA VISTA FOR
PUBLIC TRANSPORTATION SERVICES - FY78-79 COUIv'i'Y CUN1F~ ~~ ~
TdUD~fBER^ ' ~'-
THIS FIRST AMENDMENT, made and entered into this 9th
day of May 1978, by and between the City of Chula Vista, a
municipal corporation, hereinafter called "City"; and COUNTY OF SAN DIEGO,
1600 Pacific Highway, San Diego, California, 92101, hereinafter called
"County",
W I T N E S S E T H
WHEREAS, it is now desired to amend that certain Agreement, dated
the 25th day of April 1978, solely and exclusively in regard to
consideration for services and the description of services provided, as
found in Exhibit A.
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 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 (C. 4, Pt. 11, Div. 10, of the Public Utilities Code) an amount up
to but not exceeding $53,131 of the apportionment to the unincorporated
area of San Diego County.
B. It is hereby agreed by and between the parties that the $53,131
is based upon the assumption that Operator will provide all of the ser-
vices 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 Transpor-
tation Agency only an amount equal to that percentage of the total amount
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 12 equal monthly payments. How-
ever, Operator shall not be entitled to receive the final monthly payment
until County shall certify to the Local Transportation Agency the total
level of services provided by Operator. Such certification shall be made
after June 30, 1978 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 pur-
suant to paragraph C of Section 1 above shall be in a form sufficient
to enable County to determine whether it is able to make such certifica-
tions 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 services here-
under set out in Exhibit A, Operator agrees to immediately 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.
IN WITNESS THEREOF, the parties hereto have caused this agreement to
be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA COUNTY OF SAN DIEGO
/ ~ /
~r ~fi~2 L~ G ~i1~I/~~~Lr.~
Mayor the City of Chu Vista Clerk of the Board of Supervisors
Jam- City Clerk /1
//~/ I/ APPROVED A$ TO FORM AND LEGALITY
/1~rpved as to~f~ ~ _ -,_~
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City Attorney av,~j~~~. ^ ~./
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9~ oo Deputy