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HomeMy Public PortalAbout09) 7E Third Amendment to Agreement with Southland Transit for Dial-A-RideAGENDA PARKS AND RECREATION DEPARTMENT ITEM ?.E. MEMORANDUM DATE: June 5, 2018 TO: The Honorable City Council FROM: Bryan Cook , C ity Manager By: Cathy Burroughs , Director of Parks and Recreation SUBJECT: APPROVAL OF THIRD AMENDMENT TO AGREEMENT WITH SOUTHLAND TRANSIT, INC. FOR DIAL-A-RIDE TRANSPORA TION SERVICES RECOMMENDATION: The City Council is requested to : 1. Approve the Third Amendment to the Agreement to Provid e Services with Southland Transit, In c . (STI) for Dial-A-Ride (DAR) transportation services (Attachment "A "); 2 . Direct staff to return to City Council with a plan on how a Request for Proposals (RFP) will be structured integrating Dial -A-Ride and on-demand local public transportation for residents by the December 18, 2018 meeting ; and 3. Based on City Council discussion and direction , on De cember 18, 2018 , direct staff to develop and issue a Request for Proposals (RFP) for DAR and other transportation programs in January 2019 . BACKGROUND: 1. On May 6 , 2014 , the City Council approved a three-year Agreement (Agreement) with STI to provide DAR transportation services through June 30 , 2017 . The Agreement allows for an additional two years , at one -year intervals , upon mutual agreement by both parties. 2 . On August 4, 2015 , the City Council approved the First Amendment to the Agreement to provide DAR transportation serv ices with STI to cover the add it ional costs associated with extendi ng the hours of operation of the City's DAR t ransportation program on Saturdays and Sundays as recommended by the Parks and Recreation Commissi on . City Council June 5, 2018 Page 2 of 3 3 . On June 6 , 2017 , the City Co un cil approved the Second Amendment to the Agreement w ith STI which amended Sectio n 4 (a) to provide that the compensatio n for year four (one year extension) would be $59 .30 per hou r, not to exceed $480,923 ; Section 16 to modify the indemnification terms so that they compl ied with new standards required of the City by its i nsurers ; and Section 17 to modify certai n langua ge related to insurance to comply with current City standards . 4 . On January 29 , 2018 , STI provided a quote to the City for DAR transportation services for Fiscal Year (FY ) 2018-19 . ANALYSIS: The City of Temple City currently contracts with STI to provide DAR transportation services to the community . Section I of the Agreement-Term of Agreement, specifies that the scope of services shall be completed pursuant to the schedule spec ified i n Exhibit "A " -Scope of Services . Exhibit "A " states that the Service Provider shall perform the serv ices for a three-year term starting July 1, 2014 th ro ugh June 30 , 2017 . Exhib it "A" further states that , upon mutual agree me nt by both parti es , the Agreement may be extended for a n additional two years at one-year i nterva ls. The City is in the first year of a possible two-year exte nsi on with STI to provide DAR transportation services . Staff recommends extending the term of the Agreement for a final year at a cost not to exceed $525 ,000 . Since STI has taken over operations of the City's DAR program complaints have substantially decreased . STI is prov iding quality serv ice to the community and has expressed an interest in continuing to do so at a reasonable cost. Extending the existing contract for one year will allow staff time to explore new programs and optio ns for th e Ci ty 's transportation programs including subsidized Uber/Lyft programs , expanded DAR services , etc. Consistent with best practices , extending the existing contract term for one year , as all owed per the current contract , w ill allow staff time to do their due diligence in exp loring transportat ion options . Improving publ ic transportation was identified as a lo ng-term action step in the recent ly adopted Senior Master Plan . CITY STRATEGIC GOALS : Approval of the Thi rd Amendment to the Agreement with STI will furthe r the City 's Strategic Goals of Good Governance and Quality of Life . City Counc il June 5 , 2018 Page 3 of 3 FISCAL IMPACT: Approval of this item is not expected to have an impact on the proposed FY 2018-19 budget. Sufficient funds have been proposed to cover this expense. ATTACHMENT: A. Third Amendment to Agreement to Provide Services-Southland Transit , Inc . ATTACHMENT A THIRD AMENDMENT TO AGREEMENT TO PROVIDE SERVICES by and between the CITY OF TEMPLE CITY and SOUTHLAND TRANSIT, INC. Dated ______ , 20_ RIV 114840-1328-257 1 v i TIDRD AMENDMENT TO AGREEMENT TO PROVIDE SERVICES This Third Amendment to Agreement to Provide Services ("Third Amendment"), wirich is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and SOUTHLAND TRANSIT, INC., a corporation ("Servi ce Provider"), as follows: · RECITALS A. City and Service Provider entered in a three-year Agreement to Provide Services on May 6, 2014 ("Agreement"). The Agreement provides that Service Provider will provide complete Dial-A-Ride transportation servi ces for and on behalf of City from July 1, 2014 through June 30, 2017 . B. Section 1 of the Agreement (TERM OF AGREEMENT) provides that the Scope of Services, set forth in Exhibit "A" shall be completed pursuant to the schedu le specified in Ex hibit "A". Exhibit "A" allows for the Agreement to be extended for an additional two years, at one-year intervals upon mutual agreement by both parties. C. City and Service Provider approved a First Amendment to the Agreement on August 4, 20 1.§ to cover additional costs associated with extending the hours of operation of the City's DAR transportation program on Saturdays and Sundays . . D . City and Service Provider approved a Second Amendment to the Agreement on June 6, 2017 amendi ng Section 4 (a) to provide that the compensation for year four (one-year extension) will be $59.30 per hour, not to exceed $480,923; Section 16 to modify the indemnification terms to comply with current City· standards; and Section 17 to modify certain language related to insurance_to comply with current City standards. E. Th is Third Amendment amends Section 4 (a) to provide that the compensation for year five (final one-year extension) will be $64.84 per hour, not to exceed $525,000. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 Compensation and Method of Payment. Section 4 (a) of the Agreement is hereby amend.ed as follows: RJV#4840-1328-2S71 vi Subject to any limitations set forth in this Agreement, City agn~es to pay Service Provider the amount specified in Exhibit «B" Compensation and made a part of this Agreement. The total compensation, including reimbursement for actual expenses shall not exceed $525,000 unless -2- additional co mpensati on is approved in writing by the City Council or City Manager. 2. GENE RAL PROVISIONS. 2.1 Remainder U nchanged. Except as specifically modified and amended in thi s Third Amendment, the Agreement remains in full fo rce and effect and binding upon the parties. 2.2 Integration . Thi s Third Amendment consists of pages 1 thro ugh 4 "inc lu sive, which constitute the entire understanding and agre ement of the parties and supersedes all n ego ti ations or previous agreements between t he parti es with respect to all or any part of the trans ac ti o n di scussed in this Third Amendment. 2.3 Effective Date. Thi s Third Amendment shall be not become effective until the date it has been for mally approved by the City Counci l and executed by the appropriate authorities of the City and Service Provider. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcem ent of this T hi rd Amendment. 2.5 References . A ll references to the Agreement include all their respective terms an d provisions . All defmed t erms uti li zed in this Third Amendment have the same m eani ng as prov id ed in the Agreement, unle ss expressly stated to t he co ntrary in this Third A mendment. IN WITNESS WHEREOF, the patties hereto have executed this Third Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY B y:=---=--~-=----,--=--------Bryan Coo k, City Manager ATTEST: Peggy Kuo, City Clerk R IV #4840·1328 -257 1 v l -3- APPROVED AS TO FORM Eric S. Vail, Ci ty Attorney NOTE: SERVICE PROVIDER: SOUTHLAND TRANSIT, INC. By: ~------ Name: -:I;:,_, o"" 5" 0 ....J Title: V \ u Pr'"' ~ 'l dt:.;k SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. RIV 114840-1328-2571 vi -4- A notary public or othe r officer compl et in g this certifica te verifies on ly the ident ity of the indiv idual who signed the document to which this ce11ificate is attached, and not th e tru thfuln ess, accu rac , or vali di of th at document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES ------~~~~~~~~~~~~~~~~-U~~~~~------------------1 • Nama AM Titl e Of Offocer (e.g. ·Jane Doe, Notary Pub He') personallyappeared ~~~~~~~~~~~~~~~--~~~~'~~~o~~-~~'~~~;_1~~~~~~~~~~--if Namo ~Signer($) ,~ 5t..;::,r..< 1u::.oin .> , l : ·~: ... · Commis si on # 208 0899 ~ < : ·• · Notary Public -California ~ z· ~ z Los Angeles County ~ J. 0 ~ ~ o oM~ 8°£"~· ,fX£i ~s.o;t J ·1~1 ~ l who proved to me on the basis of satisfactory evidence to be the person€97 whose nam~) is/ate-subscribed to the within instrument and acknowledged to me that he!she/they execu ted the same in hisfher-f.tl-leir authorized capacity(~. and that by hisfftei/ttreir signature(s) on the instrument the person~ or the entity upon behalf of which the perso$) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Ca lifornia that the foregoing paragraph is true and correct. Thoug h t his section is optio nal , completing this informati reattachmen t of th is form to a n uni ntended document. ion of the document or fraudulent CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: ?;[?Jill [;< /11.ruriir~.$.S(q [( ~!vidual 0 Corporate Officer 0 Partner(s) 0 Attorney-In -Fact 0 Trustee(s) Tltle(s) 0 0 0 Guardian/Conservator 0 Other: Signer is rep resent ing : Name Of Person(s) Or Entity(ies) Limited Genera l DESCRIPTION OF ATTACHED DOCUMENT Number Of Pages Date Of Document A notary public or other officer comple ting this cert ificate verifies only the ident ity of the individual who signed the do cument to wh ich th is cert ifi cate is attached and not th e truthfulness, acc urac , or validi of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES ------~~~~~~~~~~~~~~~~~~~~~--~~=-------------' Do lo arne AtvJ Tltle Of Officer (e.g. ·Jane Doe, Notary Pub ic") personally appea~d ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Name or Sl9"er(s) who proved to me o n the basis of satisfactory evidence to be the perso~ wh ose name (~ is/are-subscribed to the within instrument and acknowledged to me that he/slae/t ney executed the same in his/t:lefltl=teir authorized ·capac i ty~. and that by his/l=ter/-tl=teir signaturets1-on the instrument the person(~ or the entity upon behalf of which the persorT\s}- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Californ ia t hat the foregoing paragraph is true and correct. Though this section is optional , completing this informatio n can reattachme n t of this form to a n un intended docume nt. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: c/a :<oac..5/z6?<..J hvidual 0 Corporate Officer T ltle(s) 0 Partner(s) 0 Attorney-In-Fact 0 Trus tee(s) 0 G uard ia n/Conservator 0 Other: Signer is representing : Name O f Person(s) Or Entlty(i es) 0 Li mited 0 General DESCRIPTION OF ATTACHED DOCUMENT Urd &n-Mtt111-44 k , A'y>re~'z:;'~}'~"U.de Stu-uc"-'"-.5 Number Of Page s Date O f Document 77'~rt::::_ ftlt:u'd.li-o s s(a.. t1 ~ ~ --------~~~=-~~~~~---------Signer(s) Other Than Named Above ~~-~--~--- ,--------------------- EXHIBIT II A II SCOPE OF SERVICES-DIAL-A-RIDE SERVICES Serv ice Provider (So uthlan d Transit, Inc.) shall provide co mplete d ial -a-ride transpot1ation services for and on behalf of the C ity, as identified in the Request for Proposal and as state d in the proposal su bmitted by the Service Provider dated March 7, 20 14, which is incorporated by this reference. Scope of Serv ices, including ser vices, work products, and p ersonne l, are subject to change b y mutual Agreement. Service Prov ider shall perform th is Scope of Services for a three.:year term s tarting July 1, 20 14 through June 30, 2017. Upon mutual agreement by both parti es, City a nd Service Pro vider may extend this Agreement for an additional two years at one-year intervals . The City places a strong emphasis on customer satisfaction as many users depend on these s ervices for mobility. Service Provider is expected to provide exceJlent and helpful customer service at all levels . Service Provider shall keep records of all complaints (whether determined to be valid or not) and shall provide to the City, on a monthly basis, a log detailing at a minimum, the nature of the complaint, Sei'Vice Provider's investigation and findings in regards to the complaint, and Service Provider's follow-up/response to the complaint. Service Provider shall meet with City staff at least one time each year of the contract period to discuss trends, ongoing issues and concerns, and customer satisfaction. EXHIBIT "B" COMPENSATION I. The City will compensate Service Provider for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items work performed including the number of hours worked and the hourly rate. B. Line items for all s upplies properly charged to the Services . C. Line items for all equipment properly charged to the Services. II. The City shall pay Service Provider to perform the services provided for herein as follows: $64.84 per hour not to exceed $522,579 per year Add iti onal services as required by City, up to 40 hours per year, shall be provided at a rate of: $64.84 per hour not to exceed $ 2,42 1 per year The totaJ compensation for Services shall not exceed $525,000.