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($)
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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
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Number Of Page s
Date O f Document
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--------~~~=-~~~~~---------Signer(s) Other Than Named Above
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,---------------------
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.