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HomeMy WebLinkAboutReso 1977-8811 r' RESOLUTION NO. 8811 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO THE AGREEP'iENT BETWEEN THE COUNTY OF 5AN DIEGO AND THE CITY OF CHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID Ar~IENDMEPdT 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 agreement between the County of San Diego and the City of Chula Vista for public transportation services, dated the 6th day of September 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 R: Chula Vista be, and he is said amendment for and on Presented by W. J. Robenll ttsJJ, Director of Public Works ESOLVED that the PZayor of the City of hereby authorized and directed to execute behalf of the City of Chula Vista. Approved as /to form by ~~'. ~ ~ ~. •~%•~ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 6th day of September , 197 , by the following vote, to-wit: AYES; Councilmen Hobel, Cox, Hyde NAYES: Councilmen done ABSENT: Councilmen Scott, Egdahl ~. _, .' Ma r of the City of ula Vista ATTEST ' '~Z- ~ _~ '..~1- %' _ 7l_.~'.t _- - _~t ~L " City C erk F, 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CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 DUPLICATE ,} FIRST AMENDMENT TO THE AGREEMENT BETLdEEN THE COLTNT_ Y OF R ! ^t SAN DIEGO AND THE CITY OF CHULA VISTA FOR -' - -" - - ~ ' td ~~ ~ :"- PUBLIC TRANSPORTATION SERVICES - FY77-78 '~-'~"~' THIS FIRST AMENDMENT, made and entered into this 6th day of September 1977, by and between the City of Chula Vista, a municipal corporation, hereinafter called "City"; and COUNTY OF SAN DIEGO, 1F00 Pacific Highway, San Diego, California, 9211, 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 24th day of May, 1977, solely and exclusively in regard to the con- sideration for services and the description of services provided, as four_d 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 1977-78 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 (Ch. 4, Pt. 11, Div. 10, of the Public Utilities Code) an amount up to but not exceeding $35,153 of the apportionment to the unincorporated area of San Diego County. B. It is hereby agreed by and between the parties that the $35,153 is based upon the assumption that Operator will provide all of the ser- vices described in Exhibit A hereto from July 1, 1977 to June 30, 1978 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 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 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, 1978. Based upon that. ~" certification, Operator shall be entitled to receive such portion of th~~' 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 as 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 ~} J ~~yy ,~//JJ ~/f Mayor~JJof rthe City of Chula Vista,~~ Pro Tempore /, ATTEST. „C~'7L7Z LF ,/ ~ ry _ ~. " ~~',--City Clerk -~ :/'~ Approved a r~y G City Attorney j' (- 0 sors Aped 6Ytlie Board of Supervisors oY 1h9 COnnfi~ of Can t7iaop F3OV ~? i9~ ~! `~ ~~~~