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HomeMy WebLinkAboutReso 1977-8617RESOLUTION NO. 8617 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TWELFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE AZTEC BUS LINE5 TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA, AND AUTHORIZING THE r1AYOR 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 Twelfth 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, dated the 3rd day of May 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 Twelfth Amendment for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~~ ~~ W. J. Ro ens, Director of Pu lic~ George Lin erg, City Attor Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of May , 1977 , by the following vote, to-wit: AYES: Councilmen Egdahl, Cox, Hyde NAYF.S: Councilmen None ABSENT: Councilmen Hobel VACANCY: Council Seat #3 ~_ Mayor of the City of Ch a Vista ATTEST City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VI5TA) I, City of Chula Vista, California, DO HEREBY CERTIFY a full, true and correct copy of Resolution No. same has not been amended or repealed. DATED City Clerk of the that the above is and that the City Clerk TWELFTH AMENDMENT TO THE AGREEMENT BETWEEDT THE CITY OF CHULA VISTA AND THE AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA THIS TWELFTH AMENDMENT, made and entered into this 3rd day of May , 1977, by and between the CITY OF CHULA VISTA, a municipal corporation, 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, it is now desired to amend that certain Eleventh Amend- ment, dated the 22nd day of June, 1976, solely and exclusively in re- gard to the payment and fare revenues established therein. 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 10. PAYMENT AND FARE REVENUE. 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 376,800 service miles. For the purposes of calculating the sums due to Bus Company under this agreement, the estimated cost of operation is $252,620. 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 costs of operation equals mathe- matically the estimated cost of operation, Bus Company shall receive $263,924. B. In the event that the actual cost of operation exceeds the estimated cost of operation set forth above, the figure due to Bus Company shall be calculated as follows: Bus Company shall receive $252,620 plus 3fi per mile times total service miles traveled. Any sums in excess of $252,620, the estimated cost of operation, shall be subtracted from this total. C. In the event that the actual costs of Bus Company are less than $252,620, 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 incentive bonus calculated as follows: ACTUAL MILEAGE ESTIMATED COST ($252,620) - AUDITED COST X 3~ X $.252,620 Any adjustments to the payments to Bus Company, pursuant to this section, will be accomplished at the time of the second quarterly payment for the following fiscal year. It is agreed that Bus Company shall account for, and pay to, City all fare revenues received. Said payment to City shall be quarterly, on the 15th of the month, following the quarter in which fare revenue is collected by the operating units of Bus Company. It is further under- stood and agreed that City shall receive the sum of Five Hundred Dollars ($500.00) for the use of all vehicles for the charter service of Bus Company, which sum shall be paid by Bus Company prior to June 30, 1977. In the event for reasons of strike, civil disaster or other public calamity, scheduled service miles are less than 350,000 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. - 2 - IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA AZTEC BUS LINES _ , ... ? .`~ / + i/ ~ ' ~~,~ Y~ ~ 7~7~ May of the City of Chu Vista ~~ P. J Doog~" Genera ~ anager ATTEST City ler Approved as to form by / /.-_., ~ `- ~'~~~~ - City Att ey s