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HomeMy WebLinkAboutReso 1976-8354.~ RESOLUTION N0. 8354 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING RESOLUTION NOS. 8306 AND 8294 AND APPROVING AN AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR PUBLIC TRANS- PORTATION SERVICES - 1976-77 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista has heretofore approved agreements providing for public transportation services in the County of San Diego by the Chula Vista City Bus Lines, and WHEREAS, the form of said agreements is not satisfactory to the County, and WHEREAS, in order to obtain the financial aid of the County, a totally new agreement has been offered by the County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that Resolution Nos. 8306 and 8294 be, and the same are hereby rescinded. BE IT FURTHER RESOLVED that that certain agreement between the County of San Diego and the City of Chula Vista for public trans- portation services - 1976-77, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be and the same is hereby approved. Presented and. Approved as to Form by ~j ~~" ~ ,_ ~, .%~ George D. Lindberg, City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF T?-IE CITY OF CHULA VISTA, CALIFORNIA this 5th day of October , 197 6 __, Uy the following vote, to-wit: AYES: NAPES: ABSETvT CounciZmera Hobel, Hyde, Cox, Hamilton Councilmen None Councilmen Egdahl $~"'~ b t~ Mayor of the City of Chula Vista ATTEST Ci y Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ss. I, JENNIE M. FULASZ, C1~9C, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of a,nd that the same has not been amended or repealed. DATED City CZer (SEAL) :-660 AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND THE CITY OF GHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES 1976-77 THIS AGREEMENT is entered into by and between the City of Chula Vista, hereinafter called fPOperator,p' and tfie County of San Diego, hereinafter cal7_ed "County . rf RECITALS WHEREAS, Operator currently operates a public bus transportation system known as Chula Vista City Bus Lines (CVCBL) involving the City of Chula Vista and its immediate environs and is able and willing to expand same to provide a regional and interconnected system; and WHEREAS, Operator and County are desirous of expanding the service pro- vided by Operator to include 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 6dHEREAS, Public Utilities Code Section 99288 authorizes County and Operator to enter into a contract .for Operator to provide such public transportation service in the unincorporated area of the County and permitting Operator, when such contract is entered into, to claim for local transportation purposes from cOL°~v~rY ~~y sr,_ra .nT~.G~ C ~;I~J ~ i'.i ! 'T (Rea ~r~:c~ _ _ ..,.. rturber -2- 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 Sec. 99260) of the Mills-Alquist-Deddeh Act (Ch. 4, Pt. 11, Div. 10 of the Public Utilities Code): NOW THERE FORE, 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 citi- zens 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 fare 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 December 5 through 11, 1976 and March 20 through 26, 1977. A report summarizing the results of the count will be sub- mitted to County no later than December 24, 1976 and April 8, 1977 for the re- spective count. -3- 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 1976-77 with the Local Transportation Agency in San Diego County under the provisions of Article 4 (commencing with Sec. 99260) of the Mills-Alquist-Deddeh Act (Ch. 4, Pt. lI, Div. 10 of the Public Utilities Code) an amount up to but not exceeding X13,566 of -the appor- tion.*nent to the unincorporated area of San Diego County. B. It is hereby agreed by and between the parties that the X13,566 amount is based upon the assumption that Operator will provide all the services de- scribed in Exhibit A hereto from October 10, 1976 to June 30, 1977 and that if Operator shall perform only a portion of such services, Operator shall be en- titled 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 9 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, 1977 but no Inter than July 31., 1977. Based upon that certification, Operator shall be entitled to receive such portion of the final payment as will fully ce:npensate Operator hereunder w'nen added to the other monthly payments. The reports to be submitted to County pursuant to paragraph C of Section I above shall be in a farm suffici2rit to enable County to determine whether it is able to maize such certifications to t'ne Local Transportation Agency. -4- D. In the event that the amount allocated to Operator by the Local Trans- portation 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 foil 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 here- under. 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 ail invoices, payrolls, equipment, materials, and other data relating to matters covered by this Agreement. -5- 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, pro- perties 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, ifs 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 in- j uries 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 representa- fives, 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 ex- penses 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 prej udice 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 October I0, 1976 to June 30, 1977. SECTION 10. Termination. Either party may terminate this Agreement upon ninety (90) days' 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, Countyrs liability hereunder will be limited to the pro rata share of the monthly compensation for work or ser- vices 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 Operator's Transportation Manager and Countyrs 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective representatives thereunto duly authorized on this 5th day of October , 1976. -8- THE CITY OF CHULA VISTA ~~ ., ;~ Mayor of the City of Ch, COUNTY OF SAN DIEGO -,,. ,~ .,,` ~' '; ~ - By ,,J~ ala Vi to Clerk of the Board of Supervisors ATTEST City Clerk Approved as to form by ty Attorney APPROVED AS TO FORM AND LEGALITY CGU"JTY COUNSEL BY C , 7Y1_ ~r~j , EPUTY--~----~•] ~ 11 Appro. ~_' ^nr;or aufheriz~~d by the Board of Su~Ervi_;or~ of :!i~ Ccunt;~ of San Dic~o S E P 2 8 1976 ~3 `~ ,,r I ~ :. _ ~.. SAN DIEGO COUNTY CHULA VISTA CITY BUS LINES SERVICE AND COST SUMMARY F'Y 1976-77 GROSS COST PASSENGER , @ $.86 REV.- CREDIT NET ROUTE NET COST NET COST ROUTE MILES PER MILE PASSENGERS $.25 COST PER MILE PER PASS. 3 6,754 $5,808 9,652 $2,413 $3,395 $.50 $.35 5 14,352 $12,343 S,b87 $2,172 10 171 $.71 $1.17 TOTAL 21,106 $18,151 18,339 $4,585 $13,566 $.64 $ .74 ROUTE ANALYSIS FY 1976-77. GROSS COST ROUTE MILES TRIPS DAYS MILEAGE @ $.86 3 weekdays 2 16 187 5,984 miles Saturdays 2 11 35 770 miles 5 weekdays 4.25 16 187 12,716 miles Saturdays 4.25 11 35 1,636 miles TOTAL 21,106 miles $18,151 ROUTE DESCRIPTION ROUTE ~ WITHIN COUNTY AREA Enter County on 5th Avenue at "L" Street; south on 5th Avenue to Naples; east on Naples to 4th; north on 4th to Chula Vista City Limits. ROUTE 5 WLT}[IN COUNTY AREA ' Enter County on Bonita Road at approximately 100 feet west of I-•805; left on Bonita Mesa Road; lent on r;esa Vista Way; right on .Sweetwater Road and leave County area at Sweetwater Road and Willow Street.