HomeMy WebLinkAboutReso 1977-8810
RESOLUTION PdO. 8 810
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING FOURTEENTH A1`IENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE AZTEC BUS
LINES TO PROVIDE INTRA-CITY BU5 SERVICE TO THE CITY
OF CHULA VISTA, 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 Fourteenth
Amendment to the Agreement between the City of Chula Vista and the
Aztec Bus Lines to provide infra-city bus service in the City of
Chula Vista, dated the 18th day of August, 1977, 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
Fourteenth Amendment for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
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W. J. Ro ens, Director of George D Lindberg, City Attorne~~~'
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 6th day of September , 1977 ,
by the following vote, to-wit:
Public Works
AYES: Councilmen Hobel, Cox, Hyde
NAYES: Councilmen iJone
ABSENT; Councilmen Scott, Egdahl
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~ Mayor of the City of Chula Vista
ATTES'~- '~~ ` ~: : ~ ~ ~) ~~ ~ .,
City~Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above is
a full, true and correct copy of Resolution No. and that the
same has not been amended or repealed. DATED
FOURTEENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE AZTEC BUS LINES TO PROVIDE
INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA
THIS F~OjURTEENT AMENDMENT, made and entered into this ,,Q ~b'J
day of - !A. ~ 1977, by and between the CITY of C LA VISTA,
a municipal co poration, hereinafter called "City"; and AZTEC BUS LINES,
4437 Twain Avenue, San Diego, California, 92120, a California corpora-
tion, hereinafter called "Bus Company";
W I T N E S S E T H
WHEREAS, City and Bus Company have heretofore entered into an
.Amendment to the basic Agreement for providing bus service to the City
of Chula Vista as contained.in said Thirteenth Amendment, approved by
Resolution No. 8655, adopted by the City Council of the City of Chula
Vista on the 14th day of June, 1977, and
WHEREAS, it is desired to amend the said agreement solely as
regards the number of vehicles to be provided, supplemental units,
and compensation for services provided, 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 2. VEHICLES TO BE PROVIDED AND STORAGE THEREOF
Bus Company agrees to provide an adequate number of units of
buses of the transit type subject to the approval of the Director of
Public Works. Bus Company will serve the City of Chula Vista with
seven (7) bus units 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 units
utilized will be clearly marked and identified as the Chula Vista
Transit Service or such other designation as approved by the Director
of Public Works and that Bus Company will conform at all times to the
requirement of identification in a prominent manner. All identifica-
tion 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 at the northwest 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
to insure a maximum degree of security for City buildings and equipment
subject to the control of the Director of Public Works of the City of
Chula Vista.
The Bus Company 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 person,
or group of persons, company, organization, etc. Bus Company 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 author-
ized by the Director of Public Works or his designated representative.
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, Bus Company shall also provide four sup-
plemental units required to be used as augmentation or back-up 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 said supplemental units may also be stored in a designated
area at the City yard located at "F" Street and Woodlawn Avenue in the
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City of Chula Vista subject to security controls as set forth in Sec-
tion 2 hereinabove. These supplemental units must also be uniquely
designed or configurated as the basic units are required to be.
SECTION 10. COMPENSATION FOR SERVICES PROVIDED
It is agreed that the City will pay the Bus Company for the pro-
vision of bus service, in accordance with the designated routes and
schedules, pursuant to the terms and conditions of this agreement.
Said payment shall be one-fourth of the total, less deductions pursuant
to the provisions of Section 11, paid quarterly on the 15th day of the
first month in each quarter of the fiscal year, commencing with the
15th of July, 1977. Said guarantee shall be received in person, by an
authorized representative of the Bus Company, at the City's Finance
Department at 276 Fourth Avenue, Chula Vista, California.
The City Agrees to pay Bus Company in accordance with the formula
set forth below. This formula takes into consideration the actual or
audited and estimated cost of operation for a scheduled 484,200 service
miles. For the purposes of calculating the sums due to Bus Company
under this agreement, the estimated cost of operation is $340,030
Actual costs of operation for the scheduled service miles shall be com-
puted based upon an audit and Bus Company's financial records. The
sums due to Bus Company are calculated in the following method:
A. In the event that the actual cost of operation mathematically equals
the estimated cost of operation, Bus Company shall receive $340,040
plus 3~ per mile times total service miles traveled.
B. In the event that the actual cost of operation exceeds the esti-
mated cost of operation set forth above, Bus Co:apany shall receive
$340,030 plus 3~ per mile times total service miles traveled.
C. In the event that the actual costs of Bus Company are less than
$340,030 for the scheduled service miles, Bus Company shall be
paid the actual costs of operation plus 3~ per mile of scheduled
service miles. In addition, Bus Company shall receive an incen-
tive bonus calculated as follows:
ESTIMATED COST ($340,030) - AUDITED COST x 3~ x ACTUAL MILEAGE
$340,030
Any adjustments to the payments to Bus Company, pursuant to this sec-
tion, will be accomplished at the time of the second quarterly payment
for the following fiscal year.
In the event for reasons of strike, civil disaster or other public
calamity, scheduled service miles are less than 400,000 miles, all sums
due under this contract shall be pro-rated by utilizing the formula set
forth above and multiplying said sum due to Bus Company by a fraction
derived from the actual service miles provided versus scheduled service
miles provided.
IN WITNESS THEREOF, the parties hereto have caused this agreement
to be executed the day and year first hereinabove set forth.
THE C OF CHULA VISTA ~ AZTEC BUS LINES, INC.
Mayo of the City of Chula Vista hn Nickelson, General Manager
Pro Tempore
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r~ ATTEST: ~~'~ ~?, };-~~~ ~~~i° j'~.; ~
j~ City Clerk
Approved as to form by:
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