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HomeMy WebLinkAboutReso 1977-8637Form No. 342 Rev 3/74 RESOLUTION NO , 8637 RESOLUTION OF TF~E CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN "T~:E CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO TO MAKE PAYMENT FOR BUS SERVICE PROVIDED BY CHULA VISTA TRANSIT IN COUNTY AREA AND AUTHORIZING TFiE MAYOR TO EXECUTE SAID AGREEMENT 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 C.~ULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO, to make payment for bus service provided by Chula Vista Transit in County area, dated the 24th day of May , 19 77 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 agreement for and on behalf of the City of Chula Vista. Presented by ,~ ~f~ ~~ ~ ~ y,, Approved as to form by W. J. Robens, Director of Public C.,eorge,D. Lindberg, City Attorney Works ADOPTrD AND APPROVDD by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNLA, this 24thday of May , 19 77 , by the followinc, vote, to-wit: AYES : Councilmen Scott, Hobel, Cox, Hyde NAYES: Councilmen None ABSENT: Councilmen Egdahl ~~!~l ' ~-- rlayor of the City of Chu Va.sta AT'TE S T ,L~i.(/ (~(~ /~/.iL~ ~,~ eputy City Clerk STAT OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF CEiULA 'VIS'TA) I, , City Clerk of the City of Chula Vista., Cali`~rnia, DU F'EREBY CERTIFY that the above is a full, true and correct cony of Resolution No. and that the same has not been amended ~r repealed. DATED City Clerk AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES 1977-78 THIS AGREEMENT is entered into by and between the City of Chula Vista, hereinafter called "Operator," and the County of San Diego, herein- after called "County." RECITALS WHEREAS, Operator currently operates a public bus transportation system known as 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 the unincorporated area of County and within certain designated locations therein; and WHEP.£AS, Public Utilities Code Section 99288 authorizes County and Operator to enter into a contract for Operator to provide such public transportation service in the uninc orporated area of the County and permitting Operator, when such contract is entered 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. 1G of the Public Utilities Code): NOW THEREFORE, CONTR4C_ (L'~8.i erenc~, above n~~nber re3arai.r~ this contract) -2- IT IS MUTUALLY AGREED between the parties hereto, upon the following terms, covenants and conditions: SECTION 1. Public Bus Transportation System. A. Operator hereby agrees to provide public bus transportation 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 £are structures, 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 12 through 17, 1977 and March 6 through 11, 1978. A report summarizing the results of the count will be submitted to County no later than September 30, 1977 and March 24, 1978 for the respective count. Additionally, Agency shall submit monthly passenger ridership counts, by route, to County. 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 -3- 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 $24;795 of the apportionment to the unincorporated area of San Diego County. B. It is hereby agreed by and between the parties that the $24,795 is based upon the assumption that Operator will provide all the services 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 Transportation 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. However, 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 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 paragraph C of Section 1 ab ove shall be in a form sufficient to enable County to determine whether it is able to make such certifications to the Local Transportation Agency. -4- D. In the event that the amount allocated to Operator by the Local Transportation Agency is insufficient to meet the cost of services hereunder 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. 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 ($5,000,000.00) naming County as co-insured, and a copy of such policy or binder shall be filed with the Clerk of the Board of Supervisors before commencement of rendition of services hereunder. Operator also agrees to secure and maintain during the term of this Agreement, Workments Compensation insurance covering all employees of Operator employed in the rendition of services hereunder, and shall furnish County 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 available to County for examination 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 Agreement. -S- 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 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 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 indemnify 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. -6- SECTION 6. When Rights and Remedies Not Waived. In no event shall any payment by County hereunder constitute or be con- strued to be a waiver by County of any breach of conditions or any default which may then exist or while any such breach or default 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 conditions. 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 applicable law. SECTION 9. Term of Agreement. The term of this Agreement shall be from July 1, 1977 to June 30, 1978. SECTION 10. Termination. Either party may terminate this Agreement upon ninety (90) dayts written notice to the other party; provided, however, County may terminate this Agree- ment 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. -7- In the event of termination by either party, County Ts liability hereunder will be limited to the pro rata share of the monthly compensation 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 independ- ent contractor and no employee of Operator is, for any purpose arising out of this Agreement, an employee of County. SECTION 12. Bus Stops. Specific bus stops on all routes in the vicinity of route crossings and in heavily travelled commercial areas shall be established by agreement of Operatorts 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 for persons desiring to embark or disembark. SECTION 13. Representatives of County. The Director of Transportation of County or his designated representative 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 G]HEREOF, the parties hereto have caused this Agreement to be executed by their respective representatives thereunto duly authorized on this 24th day of D4ay , 1977. -8- THE CITY OF CHULA VISTA t /~ Mayor of the City of C la Vista ~~ ,,pp ~ ATTEST (~,{~ ~, ~(~~~~~7~~ /deputy City Clerk ,'/ Approved as to form by ~. City Attorney ~- APPROVED AS TO FORil1;;NO LEGALITY COUNTY COU~+SEL SY DEP COUNTY F SAN DIEGO r l Clerk of the Board of Supervisors A~rrG» c1 b;% the Coy rd of Ji!j~Cr~i1SCr; of '~ D ~~icrl< of the G~a;d of S~~per~.,,crs SERVICE AND COST SUMMARY FY 1977/78 County of San Diego Bus Service (Chula Vista Transit) Gross Cost Revenue Route Miles @ $.095/mile Passengers @ $.18/passenger Net Cost (3) 9,368 $ 8,900 2,345 $ 422 $ 8,478 (5) 19,907 18,912 14,414 2,595 16,317 TOTAL 29,275 $27,812 16,759 $3,017 $24,.795 LTF SUBSIDY $24,795 ROUTE DESCRIPTION Subsidy Per Passenger $3.62 1.13 $1.48 Route 3: Enter County on Fifth Avenue at T'L" Streets south on Fifth Avenue to Naples; east on Naples to Fourth Avenue; north on Fourth Avenue to Chula Vista City Limits. 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. EXHIBIT t1A" County of San Diego (City of Chula Vista Lines) ROUTE ANALYSIS MILEAGE Route Miles Trips ~- Weekdays 2.0 16 Saturdays 2.0 11 Sundays No Service Holidays No Service (5) Weekdays 4.25 16 Saturdays 4.25 11 Sundays No Service Holidays No Service TOTALS Route Total Revenue Days Mileage Mileage @ 0.95 257 8,224 52 1,144 9,368 $ 8,900 257 17,476 52 2,431 19,907 $18,912 29,275 $27,812 PASSENGERS ROUTE REVENUE ROUTE DAYS TOTAL @ $0.18 (3) 257 2,345 $ 422 52 (5) 257 14,414 2,595 52 TOTALS 16,759 $3,017 EXHIBIT 'rAT1