HomeMy Public PortalAbout12) 7I Approval of Agreement for Services with Southland Transit, Inc. for Dial-A-Ride Transportation Services for FY 2019-2022AGENDA
ITEM 7.1.
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE: May21,2019
TO: The Honorable City Council
FROM : Bryan Cook , City Manager
By: Cathy Burroughs , Director of Parks and Recreation
SUBJECT: APPROVAL OF AGREEMENT FOR SERVICES WITH SOUTHLAND
TRANSIT , INC. FOR DIAL-A-RIDE TRANSPORTATION SERVICES FOR
FISCAL YEARS (FY) 2019-2022
RECOMMENDATION:
The City Counci l is requested to :
1. Award a three-year Agree ment for Services (Agreement ) (Attachment "A ") to
Southland Transit, Inc . (STI ) for management and operation of the City 's Dial -A-
Ride (DAR) program ; and
2. Auth o riz e the City Manager to finalize and execute the Agreement in an amount
not to e xceed $1 ,599 ,684 over the three-ye ar term .
BACKGROUND:
1. On May 6 , 2014 , the City Council app roved a three -yea r Agreement (Agreement)
with STI to provide DAR transportation services From July 1, 2014 through June
30 , 2017 . The Agreement al lowed for an additional two years , at one -year
intervals , upon mutu al agreement by both parties .
2 . On August 4, 2015 , the City Council approved the Fi rst Ame nd ment to the
Agreement to provide DAR transportation services with STI to co v er the add itional
costs associated w ith extendi ng the hours of operation of the City 's DAR
transportation program o n Saturdays and Sundays as recommended by the Parks
and Recreation Commiss ion.
3 . On June 6 , 2017 , the C ity Council approved the Se cond Amendment to the
Agreement w ith STI wh ich allowed for a one-year exten sio n.
City Council
May 21 , 2019
Page 2 of 4
4 . On June 5, 2018, the City Council cons id ered the Third Amendment to the
Agreement with STI which would a ll ow for one final one-year extension . The
Council directed staff to return with a revised Amendment extend ing the term of
the Agreemen t to six -months , with a month-to-month op t ion after the six months
up to a maximum of one-year. Staff returned wi th the requested Amendment on
June 19 , 2018 w hich was app roved by the City Council.
5. On March 15 , 2019 , the City issued a Request for Proposa ls (RFP ) to solicit bids
for the senio r/d is ab led DAR program . Three proposa ls were received by the April
12 , 2019 dead lin e, i.e . STI, PCAM , LLC , and Fiesta Taxi Cooperat ive , In c .
ANALYSIS:
The City has co ntracted with STI to provide DAR transportation services since 2014 .
Although STI has prov ided excel lent service with minimal comp laints , the current
agreement does not allow for additional extensions. Th erefore, a RFP was issued in
March 2019 to so l icit vendors for the DAR program . City staff contacted several local
agencies requesting contact informati on for their DAR ve nd o r. The RFP was sent to
those firms identified as wel l as posted on the City's website .
Three proposa ls were receiv ed by the posted due date . Information on th e proposals is
summarized below .
Vendor Fee/Hour Com ments
STI Year 1 -$63.53 • Proposed vehicles: 3 Dodge Caravans ; will
Year 2-$65.87 be identified as Temple City Dial-A-Ride
Year 3-$67 .86 • Current DAR contracts include El Monte ,
Baldw in Park , Pi co Rivera , La Puente ,
Riverside Transit Agency
PCAM Year 1 -$71 .90 • Proposed vehicles : 3 Starcraft Shuttle
Year 2-$74 .06 Buses ; will be identified as Temple C ity
Year 3-$76 .28 Dial-A-Ride
• Current DAR contracts include Covina , Bell
Gardens , San Fernando
Fiesta Taxi Not Specified -estimate $10 • Not specified ; over 1 I 100 veh icles
per trip but cou ld be higher available ; will have Fiesta Taxi on both
Flag Drop-$2.65 sides; will not be identified as Temple City
Per Mile -$2.45 Dia l-A-Ride
Wait Time-$26.53 per hour • Current DAR contracts include Paramount,
Admin . Overhead -15% Lynwood , Lomita
Transaction fee/trip -$.35 -.50
After a thorough review of the proposals , staff recommends the City Council approve a
three-year agreement with STI for the DAR service . STI has provided excellent service
City Council
May 21 , 2019
Page 3 of 4
the last five years. Th ey are proposing a few changes which should improve service
even more includi ng th e use of smaller mini-vans instead of cutaway buses (as
requested by DAR members du ring annual reviews ) and the addition of a 5M
automated dispatc hin g system that will allow for real-time veh icle tracking , online
reservations , mobile apps , etc.
Staff is not supportive of transitioning to a taxi DAR service at this time . The City is
cu rrent ly in negotiations with Lyft to provide tra nsportation options that would
supplement the current DAR program. In surveying DAR members , several expressed
concern over a taxi DAR type program, primarily due to the concerns w ith the drivers
(i.e. different drivers every tr ip , not comfortable with drivers they did not know, etc.).
Additionally , th e a nnu a l cost for this type of service is unknown. Fiesta Taxi has
indicated they cou ld provide up to 11 ,000 trips for approx ima tely $1 4 0,000 . However,
because the cost is based on the number of trips and number of miles , instead of a
fixed hourly rate , the cost could be sig nifi cantly higher than estimated . For purposes of
providing a cost for the RFP , Fiesta T axi estimated each trip to be approximately 2
miles . Based on reco rds provided by STI, 40 % of c urrent DAR tri ps are out of town
w hi ch could lead to substantially higher charges . With the Lyft program , because it
wou ld be supp leme nt a l to the DAR program , a limit can be placed on th e number of
r id es or total cost. If the City were to en ter into an agreement w ith Fiesta Taxi for t he
DAR program , we could not place limits on the number of rides or total cost , w ithout
impacting the DAR participants.
The City Council and City staff have taken great strides the last several years to ensure
accountability in a ll aspects of City operations focusing on customer service and raising
expe ctati o ns to highe r levels . Staff and a ll con tractors are challenge d to proactively
review operations and evaluate serv ice levels to meet these expectations . Since STI
took over operatio ns of the DAR program five years ago , compla i nts from users have
decl in ed significa ntl y averaging 10 or less per year. A total of 22 complaints have been
received in the last three years compa red to an average of 20+ comp laints per year
wit h th e previous provider.
Because we have es tab li s hed a so li d working re lationship with STI , their customer
service has bee n very good , and the ir hourly rate is s lig htly less than the current hourly
rate , staff recom me nd s the City Council award the three-year agreement for DAR
services to STI .
CITY STRATEGIC GOALS:
App roval of this Third Amendmen t to the Agreement with STI will further the City's
Strategic Goals of Good Governance and Quality of Life .
City Council
May 21 , 2019
Page 4 of 4
FISCAL IMPACT :
S uffi c ient f un d s have been budgeted in th e p roposed Fisca l Yea r (FY) 2019-20 City
budget to con t in ue w ith the existin g DA R program . Listed be low are t he annual fisca l
year impacts from Pro position A funds :
Year 1 FY 2019-20 $515 ,190
Year 2 FY 2020-21 $534 ,179
Year 3 FY 202 1-22 $550 ,315
The th ree-yea r agreem e nt is not t o exceed a tot al of $1,599,684 .
ATTACHMENTS :
A. Agreement for Services-Southl and Transit, Inc.
B. Proposal Worksheet and Proposed Vehicles -Southland Transit, In c.
C . Proposal Worksheet and Proposed Vehicles-PCA M , LLC
D. Proposal Price S heet-Fiest a Taxi Cooperative , Inc.
AGREEMENT FOR SERVICES
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
SOUTHLAND TRANSIT INC.
a corporation
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ATTACHMENT A
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
SOUTHLAND TRANSI T INC.
This Agree m ent for Services ("Agreement") is e ntered into as of thi s __ day of
____ , 2019 by and between the City of T emple City, a municipal corpo ration
("C ity") and Sou th la n d T ransit Inc., a co rporation ("Se rvice Provi der"). City an d Se rvice
Pro vider a re so metim es her einafter ind iv idually referred to as "Party" a n d hereinafte r
co ll ective ly refe rr ed t o as the "P arties ."
RECITALS
A. Ci ty h as sought, by reques t for proposals t he performance of t he services
defined and descri be d partic u la rly in Secti on 2 of this Agreement.
B . Servi ce Provider, followi ng submission of a proposa l for th e performance
of t he services defin ed and describe d particu larly in Section 2 of this Ag reement, was
se lected by t he Ci ty to p e rform those services.
C . Pursua nt to the City of T emple City's Mun i cipal Code, Ci ty has authority to
ente r into this Se rvices Agreement a nd t he City Manager has authority t o execute th i s
Agreement.
D. T he P arti es desire to f o rmalize the se lection of Se rvice Provider for
perfo rmance of th o se services defi ne d and d escribed particu larly in Section 2 of this
Ag reement and desi re that the terms of t hat performance be as particu larl y defined and
described he rein .
OPERATIVE PROVISIONS
NOW , T HER EFOR E, in co nsideration of the m ut ual prom ises a nd covenants
made by the Pa r ties and con tained he re and other consideration, th e value and
adequacy of w h ich ar e hereby acknowledged , the Pa rties agree as fo ll ows:
SECTION 1. TERM OF AGREEMENT.
Subject to the p rov isions of Section 2 0 "T ermina tion of Agreement" of this Agreemen t ,
the Term of this Ag reement is for th ree years commenci ng on J uly 1, 2019 . Upon
mutual agreement by bo th parties, City and Se rvice Provider may extend this
Ag reement for a n additional two yea rs at one -y ear inte rva ls.
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SECTION 2 . SCOP E OF SERVICES & SCHEDULE OF PERFORMANCE .
(a) Scope of Services . Service Provider agree s to perform the services set
forth in Exhibit "A " "Scope of Services " (hereinafter, the "Services ") and made a part of
this Agreemen t by thi s reference.
(b) Schedule of Performance. Th e Services shall be completed pursuant to
the schedule specified in Ex h ibit "A" Shou ld t he Services not be comp leted pursuant to
that schedule, the Servi ce Provider shall be deemed to be in Defa ult of this Agreement.
The City, in its sole discretion, may choose not to enfo rce the De fault provision s of this
Agreement and may instead allow Service Provider to continue performing the
Services.
SECTION 3 . ADDITIONAL SERVICES .
S ervice P rovider shall not be comp ensated for a ny work rendered in connection
with its perfo rmance of this Agreeme nt that a re in addition to or outsid e of the Services
un less such add itional services are authorized in adva nce and in writing i n accordance
with Section 26 "Administration and Implementation " or Se ction 28 "Amendment" of this
Agreemen t. If and wh en such additi onal work is a utho ri zed, such additio na l work shall
be deemed to be part of the Services.
SECTION 4 . COMPENSAT ION AND METHOD OF PAYMENT .
(a) Subject to any limitatio ns set forth in this Agreement, City agrees to pay
Servi ce Provider the am ounts speci fied in Exhibi t "8 " "Compe nsation" and made a part
of t his Agreement by this reference. The total compensation , including reimbursement
for actual expens es , sh all not exceed one million five hu nd re d ninety nine th ousand six
h u ndred eig hty fo u r dollars ($1,599,684) over th ree years (i.e . $5 15,190 yea r one;
$534,179 year two; $550 ,315 year th ree), unless additional compen sa tion is approved
in writing in accordance with Sectio n 26 "Administration an d Imp lementatio n" or Section
28 "Amendment" of thi s Agreement ..
(b) E ach mont h Service Provid e r shall furnish to City an original invoice for all
wo rk performed an d expenses incurred during the preced ing month. T he i nvoice shall
d etail cha rges by the f ollowing categories: labor (by sub-category), travel, materials,
equipmen t, supp l ies, and subcontractor con tracts. Subcon tracto r charges shall be
detailed by the fo ll owing categories: labor, trave l , materials, equ ipm ent and supplies. If
the compensation set f orth in subsect ion (a) and Exhibit "8 " include payment of labor on
an hourly basis (as opposed to labor and materials being paid as a lump sum), the
labor catego ry in each invoice sha ll includ e detailed descriptions of task performed and
the amount of time incu rred for or alloca ted to that task. City shall independently review
each i nvoice subm itted by the Se rvice Provider to determine whet h e r th e work
pe rform ed and expenses incurred a re in complia nce wi t h the provisions of this
Ag reement. In the event tha t no cha rge s or expenses are dispu ted, the invoice shall be
approved and paid according to the t erms set forth i n subsection (c). In th e event any
charg es or expenses are disputed by City, the original invoice shall be returned by C ity
to Service Provide r for correction and resubm issio n .
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(c) Except as to any charges for work performed or expenses in curred by
Service Provider which are disputed by City, City wi ll use its best efforts to ca use
Service Provider to be paid within forty-five ( 45) days of receipt of Service Provider's
co rr ect and undisputed invoice .
(d) Payment to Se rvice Provider for work performed pursuant to this
Agreement sha ll not be d eemed to waive any defects in work performed by Service
Pro vider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE .
City may inspect and accept or reject any of Service Provider's work under this
Agreement, either during performance o r when completed. City shall reject or finally
accept Service Provider's work within sixty (60) days after submitted to City. City shall
reject work by a timel y written exp lanation , otherwise Service Provider's work sha l l be
deemed to have been accepted. Ci ty's acceptance sha ll be conclus ive as to such work
exce pt with respect to latent defects, fraud and such gross mistakes as amount to
fraud . Acceptance of any of Se rvice Provider's wo rk by City shall not constitute a
waiver of any of the provisions of th is Agreement including, but not li mited to, Section
16 "Indemnificatio n" and Section 17 "In surance ."
SECTION 6 . OWNERSHIP OF DOCUMENTS .
All original maps , models , designs, drawings, pho tograp hs , studies , surveys,
reports , data, no tes, computer files, f il es and other documents prepared , developed or
discovered by Service Provider in the course of provid in g the Services pursua nt to this
Agreement shal l beco me the sole property of City and may be used, reused or
otherwise disposed of by City witho ut t he permission of the Service Provider . Upon
completion, ex pi ra tion o r termination of thi s Agreeme nt, SeNice Provider sh all turn over
to City all such original maps, models , designs, drawings, photographs , studies,
su rveys, reports , data , notes , computer files , files and oth e r documents.
If and to t he extent that City utilizes for any purpose not related to this
Agreement any maps, models, design s , drawings, photographs, studies, surveys,
rep orts, data, notes, computer files, fil es or other docu m ents prepared, developed or
discovered by Se rvic e Provider in the course of provid in g the Services pursuant to this
Agreement, Se rvice Provider's gua rantees and warra nties in Section 9 "Standard of
Performance" of this Agreement sha ll not extend to such use of the maps , models ,
designs , drawings, photograph s, studies, surveys , repo rts, data , notes, computer files ,
fi les or other documen ts .
SECTION 7 . SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider sha ll m a i ntain any and all documents and reco rds
demonstrating or relating to Service Provider's performance of the Se rvices. Service
Pro vider shall maintain any and a ll ledgers , books of account, i nvoices , vouche rs,
canceled checks, or other documents or records evidencing or relatin g to work,
services, expenditu re s and disbursements charged to City pursuant to this Agreement.
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Any and all such documents or records shall be maintained in accordance w ith
generally accepted accounting principles and shall be s ufficiently complete and deta iled
so as t o permit a n accurate evaluation of the services p rovided by Se rvice Provider
pursuant to this Agreement. Any and all such documents or reco rds shall be
maintai ned for three (3 ) years from th e date of executio n of this Agr ee ment and to the
extent r equ ire d by laws re lating to audits of public agen cie s and t heir expe nd itures.
(b) Any and al l records o r do cum ents required to b e mainta i ned pursuant to
th is section shal l be made avai lable for in spection, au dit and copying, at any time du ring
regular business hours , upon request by City or its designated representative . Copies
of such documents o r reco rds shall be provided directly to the City for inspection, audit
and copying whe n it is practical to do so; otherwise, unless an alternative is mutually
ag r eed upon, such documents and records sha ll be made avai lab le at Service
Prov ider's address ind icated for rece ipt of notices in this Agreement.
(c) Where City has reason to bel ieve that any of the documents or records
required to be main tained pursuant to this section may be lost or discarded due to
dissolu tion or t e rmi nation of Service Provider's business , City may , by written request,
require that custody of such documents or records be given to the City. Access to such
docu ments and record s shall be gran ted to City, as we ll as to its successors-in-inte res t
a nd authorized rep resen tatives.
SECT ION 8 . INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times rema in a who ll y independent
co ntracto r and not an officer, employee or agen t of C ity . Service Provider shall have no
authority to bind City in any manner, nor to incur any obligation, debt or liability of any
kind on beha lf of or against City, whether by co ntract or otherwise, unless such
authority is exp ressly conferred u nd er this Agreement or is otherwise expressly
co nferred in wr iting by City.
(b) The personnel performi n g the Services under this Agreement on behalf of
Service P ro vider s hal l at all times be unde r Service Provider's exclusive direction and
con trol. Neither C ity, nor any elected or appoint ed boa rd s, officers , officials, employees
or agents of City, shall have contro l over the cond uct of Service Provid er or any of
Service Provi der's offi ce rs , emp lo yees, or agents exce pt as set forth in this Agreement.
Se rvi ce Provider s ha ll not at any tim e or in any ma nn e r represent that Service Provider
or any of Service Pro vide r's officers , em pl oyees , or agents are i n any ma n ner officia ls ,
offi cers , employees or agents of Cit y.
(c) Nei th e r Service Provid er , nor any of Service Provider's officers,
employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may ot herwise accrue to City's emp loyees. Service Provider expressly
waives any claim Service Provider may have to any such rights.
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SECTION 9 . STANDARD OF PERFORMANCE .
Service Provider represents and warrants that it has the qua l ifications,
experience and fa cilitie s necessary to properly perform the Services required under this
Agreement in a tho rou gh , competent and professional manner. Service Provider shall
at all times faithful ly , competently an d to the best of its ability, experien ce and talent,
perform all Services. In meeting its obl igations under th is Agreement, Service Prov ider
shall employ, at a mini mum , generally accepted stand ards and practices utilized by
persons engaged in providing servic es similar to the Services requ ired of Service
Pro vider under this Agreement. In ad diti on to the genera l standa rds of performance set
fo rth this section, additional specific stan dards of performance and perfo rm ance criteria
may be set forth in Exhibit "A " "Sco pe of Work" that s hall also be appl ic able to Service
Provid er's work unde r th is Agreement. Where there is a conflict betwee n a general and
a specific stand ard of performance or performance criteria, the specific standard or
criteria shall prevail over the gene ra l.
SECTION 10 . COMPLIANCE WITH APPLICABLE LAWS ; PERMITS AND
LICENSES .
Service Provider shall keep itself informed of and comply with all appl icable
federal , sta te and local laws , statutes, codes , ordinances, regu la tions and rules in effect
during the term of this Agreement. Service Provider shall obtain any and all licenses ,
permits and authorizations necessary to perform the Services set forth in th is
Agreement. Ne it her City, nor any elected or appo int ed boa rds, officers , officials ,
employees or agents of City , shall be liable , at law or in equity, as a result of any failure
of Service Provider to comply with this section .
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of Ci ty and Service Provider that Cal iforni a prevail in g
wage laws do not apply to this Agreement because the Agreement does not involve any
of th e following services subject to prevailing w age ra te s pursuant to the Cal ifornia
Lab or Code or reg ula tions promulgated thereunder: Construction, altera tion , demol ition ,
i nsta llation, or repa ir work performed on public bu i ldings , facilities , streets or sewers
don e u nder con tr act and paid for in whole or in part o u t of publ ic funds. In this context,
"construction" includes work performed during the design and preconstru ction phases
of construction including , but not l imi ted to , in s pection and land surveying work .
SECTION 12. NONDISCRIMINATION .
Service Provider shall not discriminate , in any way , against any person on the
basis of race , color, rel igious creed , national origin, ancestry, sex, age, physica l
handicap , medica l condition or marital status in connection w ith or re lat ed to the
performance of th is Agreement.
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SECTION 13. UNAUTHORIZED ALIENS.
Service Pr ov id er hereby pro m ises and agrees to comply with al l of the provisions
of th e Federal Immigration and Nationa li ty Act, 8 U .S.C.A. §§ 110 1 , e t seq., as
amended , and in connection t herewit h, sha ll not employ unauthorized ali ens as defi ned
the rein. Should Service Provi d e r so emp loy such u na uthorized aliens for the
perfo rman ce of the Services, an d should the any liability or sa nction s be imposed
aga i nst City for such use of unau th orized aliens, Se rvice Provider hereby agrees to and
shall reimburse C ity for th e cos t of al l su ch liabili ti es or sa nctions imposed, toge ther wi th
any and a ll cos ts , inclu ding attorneys' f ees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provide r cove nants that neither it, nor any officer or princip al of its
firm, has or sha ll acquire any interes t , directly or i ndirectly, wh i ch would conflict in any
mann e r with the interests of City or which would in any way hinder Service Provider's
performance of t he Services . Service Provider further cove nants that in the
perfo rmance of this Agreement, no perso n having any such inte rest s hall be employed
by it as an officer, employee, agent or subcontractor without t he ex press writte n
co nse n t of the City Mana ger. Service Pro vider agrees to at a ll times avoid conflicts of
inte rest or the appearance of any co nfli cts of interest with the inte re sts of City in th e
performance of th is Agre emen t.
(b) City understands a nd ackn owl edges that Service Pro vider is, as of the
date of execution of thi s Agreement, ind e p endently invo lved in t he performance of non-
rel ated services for other governme nta l agencies and private parties . Service Provid e r
is un awa re of any sta ted position of City r elat ive to such projects . A ny future position of
City on such p ro ject s sha l l not be co nsidere d a con flict of interest for purposes of this
section .
(c) City underst a nds and ack n owledges tha t Service Provide r will , perform
non -re la ted services f or other governmental agencies and private Parties fol lowing the
co mpl et ion of the Se rvices under this Agreement. Any such future service sha ll not be
conside red a conflict of interes t for purposes of this secti on.
SECTION 15. CONFIDENTIAL INFORMATION ; RELEASE OF INFORMATION .
(a) All information gained or work product produced by Service Pro vider in
performance of th is Agreement shal l be consi de red co nfident ial , unless such
information is in the publ ic domain o r already known to Service Provide r. Service
Prov ide r shall not release or disclose any such informati on o r work product to persons
or entiti es other than City wi thout prior written authori zation from the City Manager,
except as may be requ ired by law.
(b) Service Provide r, its officers , employees, agents or subcontractors, s h all
not, withou t p rio r writt en autho riza tion from the City Manager or unless re q uested by t he
City Attorney of City, voluntar ily provid e declarations, letters of su pport, te stimony at
dep ositions, respo nse to interroga tories o r other information concernin g the work
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performed under this Agreement. Response to a sub poe na or court o rd e r shall not be
con sidered "voluntary" provided Service Provider gives City notice of such court order
or s ubpo ena.
(c) If Service Pro vide r , or any officer, em ployee, agen t or s ubcontracto r of
Service Prov ide r, provid es any information or work produ ct in viol ation of this
Ag reement, then City shall h ave th e right to re imbursement and ind em nity from Service
Provider for any damages, cos t s and fees, includi ng attorneys fe es, caused by or
incurred as a resu lt of Service Prov id e r's cond u ct.
(d) Service Pro vider shal l promptly not ify City should Service Provider , its
officers, employees, agents o r subcontra ctors be se rve d with any summo ns, complaint,
s ubp oena, no tice of deposition , req u es t for documents, interrogatories, request for
admissions or other discovery request, court orde r or subpoena f rom any party
regard ing this Agreem ent and the wo rk perfo rm ed the reunder. City retains the right, bu t
ha s no obligation, to repre sent Service Provider or be present at any deposition,
heari ng or simila r proceedin g. Service Pro v ider agrees to cooperate ful ly with City and
to provide City with th e opportunity to review any response to discovery requests
p rovided by Service P rovider. However, thi s right to revi ew any such re spon se does not
imply or mean the righ t by City to con trol, direct, or rewrite sai d response.
SECTION 16. INDEMNIFICATION .
(a) Indemnification for Professiona l Liability. Where the law establishes a
professional standard of care for Service Provider's services , to the fu llest extent
permitted by law, Service Provider sh all indemnify, prot ect, defend a nd hold harmless
City and any and all of its officials , empl oyees and agents ("Indemnified Parties") from
and against any an d all liability (including liab ili ty for claims , suits, actio ns , arb itrat ion
proceedings , ad mini st rative proceedi ng s, r egulatory proceedings, losses , expenses or
cos ts of any kin d, whether actual , al leged or threatened, including attorneys fees and
cos ts, court costs, interest, defense cos ts, and expert witness fees) arise out of, are a
consequence of, o r are in any way a ttribut able to , in who le or in part, any negl ige nt or
w ron gful act, e rror or om issio n of Se rv ice Provid er, or by any individua l or entity for
which Service Provider is legally lia ble , including but not li mited to office rs, agents,
employees or sub-contractors of Servi ce Provider, in th e performance of professiona l
se rvices und er this Ag reement.
(b) Ind e mnification for Other than Pr ofession al Li ability. Ot h er than in the
performance of profe ssional services a nd to the full exten t permitted by law, Service
Provider shall indemni fy, prote ct , defe nd and ho ld harmless City, and any and all of its
e mployees, officials and agents from and against a ny liability (including liabi lity for
claims , sui ts, action s, arbitration proceedings , adminis tr ati ve proceed ings , regulatory
proceed ings , losses, expenses or costs of any kind , whether actual, alleged or
th reatened, including attorney's fees and costs, court costs, in tere st, defense costs, and
expert witness fees), where the same a ri se out of, are a consequence of, or are in any
way attributable to , in whole or in part, the perfo rmance of this Ag reement by Service
Provider or by any individual or e nti ty for which Service Provider is l egally liable,
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including but not limited to officers, age nts, employees or sub-contractors of Service
Prov ider.
(c) Indemnification from Subcontractors. Service Pro vider agrees to obtain
executed in demnity agreements with provis ions identica l to tho se set forth in this
sect ion from each and every subcontractor or any other person or entity involved by,
for, with or on beha lf of Service Provider in the performance of th i s Agreement naming
the Indemnified Parties as addition a l indemnitees . In the event Service Provider fails to
obtain such indemnity ob l igations from others as required herein, Service Provider
agrees to be fully respons ible acco rding to the term s of this section. Fai l ure of City to
monitor co mpliance with these r eq uirem ents imposes no add itiona l obligations on City
and will in no way act as a waiver of any ri gh ts hereunder. T h is obligation to ind emn ify
and defend Ci ty as set forth herein is bindi ng on the successors, ass igns or heirs of
Service Provider and shall survive the termin ation of this Agreement or this section.
(d) Limita ti on of Indemnification. Notwi thstanding any provision of this
section to the contrary, design profes sional s are required to defend and ind emnify the
City only to the extent permitted by Civil Code Section 2782.8 , which lim it s the liability of
a design profess ional to claims, suits , actions , a rbitration proceedings, administrative
p roceedings , regula tory p roceedings, losses, ex penses or costs that arise out of,
pe rtain to , or relate t o th e negligence , recklessness, or willful mis co nduct of the design
professio na l. The t erm "design prof essional," as defined in Section 2782.8, is li mited to
licensed architect s, li censed lan dscape architects, registered professiona l e ngineers,
professio nal land surveyor s, and the bu s in ess entities that offer such services in
accordance with the applicable provisions of the Ca liforn ia Business and Pro fe ssio ns
Code.
(e) City 's Negl igence. The provisions of t his section do n ot apply to claims
occurring as a result of City 's sole neg ligence. Th e provis io ns of this section shall not
re lease City from liability arising fro m gross negl igen ce or willful acts or omissions of
City or any and all of its officials , emp loyees and agen ts .
SECTION 17. INSURANCE.
Service Prov ider agrees to ob tain an d main tain in fu l l f o rce and effect during the
term of thi s Ag reement th e insurance poli cies set fo rth in Exhibit "C" "In surance " and
made a part of this Agr eement. Al l insurance po li cies shal l be subject to appro val by
City as to fo rm and conten t. These r equirements are s ubj ect to amen dm ent or waiver if
so approved in wr it ing by the Cit y Mana ge r . Service Provider agrees to provide City
with copies of required policie s upo n req u es t.
SECTION 18. ASSIGNMENT.
Th e ex pertise and experience of Service Prov id e r are material co nsiderations for
th is Agreemen t. City ha s an interest in the qualificatio ns and capab i lity of the persons
and entities who w ill fulfill the duties a nd obligations im posed upon Service Provider
und e r th is Agreement. In recogn iti on of tha t interest, Service Provider sha ll not assign
or transfer this Ag reement or any portion of this Agree men t or the performance of any
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of Service Provider's duties or obligations under this Agreement w ithout the prior written
consent of the City. Any attempted assignment shall be ineffective, null and void, and
shall constitute a material breach of thi s Agreement entitl i ng City to any and all
remedies at law o r in equity, including termination of this Agreement pursuant to
Section 20 "Termination of Agreement." City acknowledges , however, that Serv1ce
Provider, in the performance of its duties pursuant to this Agreement, may utilize
su bco n tractors.
SECTION 19. CONTINUITY OF P ERSONNEL.
Service Provider shall make every re asonab le effort to maintain the stability and
continuity of Service Provider 's staff and subcontractors, if any , assigned to perform th e
Services. Service Provider shall notify City of any changes in Service Provider's staff
and sub-contractors, if any, assigned to perform the Services prior to and during any
such performance.
S ECT ION 2 0 . TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement , with or without cause, at any time by
g iving thirty (30) days written notice of terminatio n to Service Provider. In the event
such notice is given, Service Provider shall cease immed iately all work in progress.
(b) Service Provider may terminate this Ag reement for cause at any time
upon thirty (30) days written notice of termin ation to City.
(c) If eithe r Service Provider or City f a il to perform any material obligation
under this Agreement, then, in addition to any other remed ies, either Service Provider,
or City may terminate this Agreement immediate ly upon written notice.
(d) Upon termination of thi s Agreement by either Service Provider or Ci ty, all
property belonging exclusively to City which is in Service Provider's possession shall be
returned to City. Se rvice Provid er sha ll furnish to City a f i na l invoice for work perfo rmed
and expenses incurred by Service Provider, prepared as set forth in Section 4
"Co mpensation and Method of Payment" of this Agreement. This fina l invoice shall be
rev i ewed and paid in the same manner as set forth in Sectio n 4 "Compensation and
Method of Payment" of this Agreement.
SECT ION 21 . D EFAULT.
In the event that Service Provider is in default under the terms of this Agreement,
the City sha ll not have any obligation or duty to conti nue compensating Service Provider
for a ny work performed afte r the date of default. Instead, the City may give notice to
Service Provider of the default and the reasons for the default. The notice shall include
the timeframe in which Service Provider may cure the default. This timeframe is
presumptively thirty (30) days , but may be exte nd ed, though not reduced , if
circumstances wa rrant . During the period of ti me that Service Provider is in default, the
City shall hold a ll invoices and sha ll , when t h e default is cured , proceed with payment
on the invoices. In the alternative , the City may, in its sole discretion , e lect to pay some
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or all of t he outst a ndin g invoices durin g th e period of default. If Service Pro vider does
not cure the default, the City may take necessary steps to term i nate t h is Agreement
und e r Section 20 "T e rm ina t ion of Agree m ent." Any failure on th e part of the City to give
notice of the Service Provider's defau lt shal l not be deemed to result in a waiver of the
City 's legal rights or any rights a rising out of any prov isio n of th i s Agreement.
SECTION 22 . EXCUSABLE DELAYS.
Service Provider shal l not be liab le for damages, including liq uidated damages, if
any, caused by d e lay in performance or fai l ure to perform due to causes beyond the
control of Se rvice Provi d e r. Such causes include, but are not limited to, acts of God ,
act s of the public enemy, acts of f ede ra l, state or loca l governments , acts of City, cou rt
orders, fires, flood s, epidemics , strikes, embargoes, and u nusually severe weather .
The t e rm and price of th is Agreemen t sh all be equitab ly adjusted for any delays due to
such causes .
SECTION 23. COOPERATION BY CITY.
All pub li c inform a ti on , da ta, reports , records, and maps as are ex isting and
available to City as pub lic records, and which are n ecessary for ca rryin g out the
Services sha ll be furni shed to Service Pro vi der in every reasonable way to facilitate,
wi thout undue delay, t he Services to be performed under th is Agreement.
SECTION 24. NOTICES.
All notices required o r permitted to be given under thi s Agreement shall be in
writing and sha ll be p e rsonally de live red, or sen t by telecopier or ce rtifi ed mail , pos t age
prepaid and retu rn receip t requ ested , addressed as fol lo ws:
To City: City of T emple Ci ty
Attn: City Manager
9701 Las Tunas Dr.
T emple City, CA 91780
To Service Provider: Southland Transit Inc.
Attn : Jason Snow, Vice President/COO
3650 Ro ckwel l Avenu e
El Monte, CA 9 1731
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimi le o r, if m ai l ed , three (3) days after deposit of the same in the custody of the
Un ited States Postal Service .
SECTION 25. AUTHORITY TO EXECUTE .
The pe rson o r persons exec uting this Agreement on behalf of Service Provider
represents and wa rran ts that he/she/they has/h ave th e authority to so execute this
-I 0 -
Ag reement and to bind Service Pr ovider to the performance of its obligations
here under.
SECTION 26 . ADMINISTRATION AND IMPLEMENTATION .
This Agreemen t shall be admi nistered and executed by the City Manager or his
or her designated rep resentative. T he City Manager shall have the authority to issue
i nterpretations and to make amendments to this Agreement, including amendments that
commi t additional fund s, consistent with Section 28 "A mendment" and the City
Manager's contracting authority under the Temp le City Mun ici pal Code.
SECTION 27. BINDING EFFECT.
T his Agreement shall be binding upon the heirs, executors, adm inistrators,
su ccessors and ass ig ns of the Parties.
SECTION 28 . AMENDMENT.
No amendment to or modifica tion of this Agreement shall be valid unless made
i n writing and app roved by the Service Pro vi der and by the City. The City Manager
shall have the au th ority to approve any amendment to this Agreement if the total
compensation un der this Agreement, as amended, wo ul d not exceed the City
Manager's contracti ng authority unde r the Temple City Mun ici pal Code. All other
amendments sha ll be approved by the City Counci l. The Parties agree that the
requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 29 . WAIVER.
Waiver by any Par ty to this Agreement of any term , condition, or covenan t of this
Agreement shall not constitute a waiver of any othe r term , condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not
constitute a waive r of any other provision nor a waiver of any subsequent breach or
vio lation of any provision of this Agreem ent. Acceptance by City of any work or
services by Service Pr ovider shall not constitute a waiver of any of the provis ions of this
Ag reement.
SECTION 30. LAW TO GOVERN ; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of Californ ia. In the event of litigatio n between the Parties , venue in
state trial courts shall lie exclusively i n the County of Los Ange les, Cal ifornia . In the
event of litigation in a U.S . District Co u rt , venue shall lie exclusively in the Central
District of California, i n Lo s Angeles.
SECTION 31. ATTORNEYS FEES , COSTS AND EXPENSES.
In the even t litigation or other proceeding is required to enfo rce or interpret any
provision of this Ag reement, the prevailing Party in such litigation or other proceeding
-I I -
shall be entitled to an award of reasonable attorney's fees , costs and expenses, in
a dd ition to any other rel i ef to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
T h is Ag reement, including the attached Exhibi t s "A" through "C", is the enti re,
comp lete, fina l a nd exclusive expression of the Parties with respect to the matters
ad d ressed the rein and supe rsedes all other agreeme nts or understandin gs, whether
ora l or written, or e ntered into between Service Provider and Ci ty pr ior to th e execu ti on
of th is Agreement No statements, representation s or other agreement s, whether oral
or written, made by a ny Party which are no t embodied herein shall be va li d and binding.
SECTION 33. SEVERABILITY.
If any te rm, co nditi on or covena nt of th is Ag reement is decla red o r determined by
a ny court of compe t e nt j urisdictio n to be inval id , void o r unenforceable, th e remaining
provi sions of this A g reemen t shall not be affected thereby and the Agreement shall be
read and construed w ithout the i nval id, void o r unenforceable provision(s).
SECTION 34. CONFLICTING TERMS .
Except as otherwise stated herei n, if th e terms of thi s Ag r eement confl ict with the
te rm s of any Ex hibit here to, or with the terms of a ny document inco rp orated by
reference into thi s Agreement , the terms of th is Agreement shall contro l.
IN WITNESS WHEREOF , the Parties hereto have executed thi s Agreement on
the date and yea r first-above written.
CITY OF TEMPLE CITY
Bryan Cook, City M anager
ATTEST : APPROVED AS TO FORM:
Peggy Kuo , City Clerk Eri c S. Vail, City Att orney
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CONTRACTOR:
By ~ (Au onzed Off1cer)
Name :-~~~~,.;,..:-~1\.:.._:s=· .:....~.n ....... o ....... ~=-----
Ti tle : Vii.~ \}e .s:~" .~ j( 00
(2"d signature required if Corporation, Incorporation or Limited Lia bility
Corporation)
NOTE: 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.
-1 3 -
A no tary public or other officer completing this certificate verifies on ly the identity of the ind ividual who
s ign ed the document to which thi s ce rt ifica te is attached, and not the truthfulness, accuracy, or validity
of th a t document.
AL L-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFOR NIA
STATE OF CALIFORN IA
COUNTY OF LOS ANGELES
persona ll y appeared -----'J""-"'t1......,~~o"'-!...h..!---==S::.I.!..:n~t>~VV~------------------
Name of Signer(s)
who proved to me on the bas is of sa ti sfacto ry evidence to be the
person(/) whose name(~ @are subscribed to the within
instrument and acknowledged to me that ~/s he/they executed
the same in tiiS t he r/their authorized ca pacity~. and that by
~/he r/their signa ture ~ on the instrument the person{%), or the
entity upon behalf of which the perso n~ acted, executed the
instrument.
I cert ify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing pa ragraph is true a nd
co rrect.
WITNESS my hand and official seal.
SignatUfeOilfotary Public
OPTIONAL
Though this section is optio nal, completing this inform ati on can deter alte rnation o f the documen t or fraudulent
reattachment of this form to an unintended document.
CAPAC IT{I ES ) CLAIMED BY SIGN ER(S)
Signer's Name:
Individual
Co rporat e Officer
D ESC RIPTION O F ATTACH E D DOCU ME NT
Title(s) Title or Type of Document
Partner( s) Limited
Attorney-In-Fa ct
Trustee(s)
Guardi an/Conservator
Other:
Signer is representing :
Name Of Person(s) Or Enllty(ies)
RIV #48 38 -6958-3880 v3
DRAF"I 1127115
General
Number Of Pages
Date Of Documen t
Signer(s) Other Tha n Named Above
A notary public or other officer completing this certificate .verifies only the identity of the individual who
signed the document to which this certificate is attached , and not the truthfulness, accuracy, or validity
of that document.
A LL-PURPOSE ACK NOWLE DGMENT NOTARY FOR CALI FORNI A
STATE OF CALIFORNIA
COUNTY OF LOS ANGE LES
Z-0/th
Date , 20 l"'l , before me, ---;~:-;..;.==+..,..,r.:--,....,:::rn;"='=:-'2~...+--~~i-r=l-=='~~f---ame n
persona lly appeared ~~-·~~1~~~~~~~-~~~~~~~~~\~~~&~s~i~~~~~---------------t Name of S1gner(s)
YESSICA J. GUTIERREZ 1
Commission No. 2255202 •_
NOTARY PUBL IC·CAliFORHIA M
LOS NjG£LES COUNTY . ~. Comm El~Pfte AUGUST 20. 20.22 J
who proved to me on the basis of satisfactory evidence to be the
person(/) whose name(j) @are subscribed to the withi n
instrum ent and acknowledged to me that ~she /they executed
the same in d}lg /her/their authorized capacity(i¢, and that by
@!her/their signature(0 on the inst rument the personj6), or the
en tity up on behalf of w hi c h the person(Z) acted, executed the
instrum ent.
I ce rtify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
cor rect.
WITNESS my hand and offi cial seal.
OPTIONAL
Though th is section is optional, comp leting this information can deter alternation of the document o r fraudulent
reattach m en t of th is form to an un intended document.
CAPACIT{IES) CLAIMED BY SIGNER(S)
Signer's Name:
Individual
Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s) Title or Type of Document
Partner(s) Limited
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
General •
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
EXHIBIT "A"
SCOPE OF SERVICES
Service Provider will perform the following S e rvices:
Service Provider (Southland Trans it, Inc.) sha ll p rov ide complete dial-a-ride
transportation servi ces for and on behalf of the City, as identified in the Request for
Pro posa l and as stat ed in the proposa l submitted by the Service Prov ider dated April
12, 2019, which is incorporated by th is reference .
Scope of Services, incl ud i ng se rvi ces, work products, and personnel , are subject
to change by mutual Agreement. Se rvice Pro vider s hall perform this Scope of Services
for a t hree-year t erm starting July 1, 2019 through June 30, 2022. Upon mutual
ag reement by both parties, City and Se rvice Provider may extend th is Agreement for an
additional two yea rs a t one-year interva ls.
The City places a strong emphasis on customer satisfaction as many users
depend on these services for mobility. Service Provider is expected to provide
excellent and helpful customer service at all levels. Se rvice Provider shall keep
records of all complaints (whether dete rmined to be valid or not} a nd shall
provide to the City, on a monthly basis , a log detailing at a minimum, the nature
of the complaint, Service Provider's investigation and findings in regards to the
complaint, and Service Provider's follow-up/res ponse to the complaint. Se rvice
Provider shall meet with City staff at least one time each year of the contract
period to discuss trends, ongoing issu es a nd concerns, and c ustomer
satisfaction.
A-1
EXHIBIT "8"
COMPENSATION
T h e C ity shall pay Service Provid er to perform th e services provided for h erein as fo ll ows:
Year 1
$63.53 p er hour not to exceed $5 12,0 14 p er year
Additional serv ices as r equired by C ity , up to 50 ho urs p er year, shall be prov id ed a t a rate of:
$63.53perhour nottoexceed $ 3,176 peryear
Year 2
$65.87 p er hour no t to exceed $530,886 per ye ar
Additional services as required by City, up to 50 h o ur s pe r year, shall be prov ided at a rate of:
$65.87 p er hour no t to exceed $ 3.293 per year
Year 3
$67.86 p er ho ur not to exceed $546,922 per year
Additional service s as r equired by City, up to 50 hours p er year, shall b e provided at a ra te of:
$67.86 p er h our not to exceed $ 3,393 per year
T h e t o tal compensation for Services sh a ll not exceed $1,599,684 over three yea rs (i.e.,
$5 15,190, $53 4,17 9 and $550,3 15 for years one, two a nd three resp e ctive ly), as provided in
Section 4 of this Agreement.
B-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Service Pro vider shall provide and maintain
insuran ce, acceptab le to the City, in full force and effect throughout the term of this
Agreement, against claims for inju rie s to persons or damages to property which may
arise from or in connection w ith the performan ce of the Services by Service Provider, its
agents, repre sen tative s or employees. In su r an ce is to be placed with insurers with a
current A.M . Best's rating is an ass igned policyholders' Rating of A (or higher) and
Fin ancial Size Category Class VII (or larger).
On ly the following "marked " req ui rements are applicable and Service Provider sha ll
p rovide the following scope and lim its of insu r ance :
1. Minim um Scope of In su r ance . Coverage shall be at least as broad
as:
X Commercia l General Liability. Insurance Services Office form Commercial
General Liability coverage (OccLJrrence Form CG 0001 ).
X Automobi le Liability. Service provider shall maintain automobil e in surance at
least as board as Insurance Services Office form CA 00 01 covering bod ily injury
and property damage for all activities of the Service Provider a ri si ng out of or in
connection wi th work to be performed under this Agreement , i nclud i ng cove rage
for any owned, h ired, non-owned or rented vehicles.
X Workers ' Compensation . Workers' Compe nsa tion Insurance (Statutory Limits)
and Employer's Liabi lity Insurance as required by the Labor Code of State of
California cover ing all persons providing Services on beha lf of th e Service
Pro vide r and all ri sks to such person s under this Agreement.
Professio nal (Errors and Omissions) Liability. Professional liabi l ity insurance
appropriate to the Service Provider's professio n. This coverage may be written
on a "claims made" basis , and must include coverage for con t ractual l iability.
The insurance must be mai nta in ed for at least three (3) consecu tiv e years
fo llowing the completion of Service Provider's services or the te rmination of this
Agreement. During th is addi tion a l thr ee (3) year period, Service Provider sha ll
annually and upon request of the City submit wr itten evidence of this continuous
coverage.
Service Provider shall maintain professi onal lia bility insurance that covers the
Se rvices to be performed in connection wi th this Agreemen t. Any po l icy
inception date, continuity date, or retroa c tive date mu st be before th e effective
date of thi s agre ement and Service Provider agrees to maintain continuous
C-1
coverage through a period of no less than three years after completion of the
services required by this agreement.
1. Minimum Limits of In surance . Serv ice Provider shall maintain limits
of insu rance no less than:
(1) Commercial General Liability. $1 ,000,000 per occurrence ,
$2,000 ,000 genera l aggregate for bodily injury, personal injury and property damage.
(2) Automobile Li abili ty . No less than $1,000,000 comb i ned
si ngle lim it for each accident.
(3) Workers' Compensation . Workers' Compensation as
required by the Labor Code of the St ate of California of not less than $1,000,000 per
occurrence and Employer's Liab ility In surance with limits of at leas t $1,000,000.
(4) Professional Liability. $1,000 ,000 per claim and in the
agg regate.
B. Other Pro v isions. Insu rance policies required by this Agreement shall
contain the fol lo wing provisions :
1. All Policies . Each i nsu rance policy re q ui red by this Agreement
shall be endorsed and state the coverage shall not be suspended , voided, cancelled by
the insurer or either Party to th is Agreement , reduced i n coverage or in l imits except
after 30 days' prior written notice by ce rtified mail, return rece ipt request ed, has been
given to City .
2. Commercial General Liabil ity and Automob ile Liabil ity Coverages .
(1) City, and its re spective elected and appo inted officers,
officia ls, and employees and volunteers are to be covered as additiona l insureds as
respects: liability aris ing out of activities Service Provider performs; products and
comp leted operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, l eased, hired or borrowed by Service Provider .
The coverage sha ll contain no special l imitations on the scope of protection afforded to
City, and their respective e lected and appointed officers, officials, or employees.
(2) Service Prov ider's insurance shal l apply separately to each
insured aga inst whom claim is made or su it is brought, except with respect to the limits
of the insurer's liability.
C-2
(3) Requirements of specific coverage features or li mits
conta in ed in this Section a re not intended as a lim itation on coverage, limits or other
requirements, o r a waiver of any coverage normally provided by any insurance . Specific
reference to a given coverage feature is for purposes of clarification on ly as it pertains
to a given issue and is not intended by any party or insu red to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type . If the Vendor maintains higher
l imits than th e minimums shown above, the Agency requires and shall be entitled to
coverage for the higher limi ts maintained by the Vendor. Any a vailable insurance
proceeds in excess of the specified min i mum limits of in su rance an d coverage shall be
available to the Agency.
(4) Coverage provided by the CONTRACTOR sha ll be primary
a nd any insu rance o r se lf-insu rance or ma intained by Agen cy s ha ll not be required to
contribute to it. The limits of insurance required herein may be sa ti sfied by a
combi nation of primary and umb re ll a or excess insurance . Any umbrella or excess
insurance shall con ta in or be endorsed to contain a provision tha t such coverage shall
also apply on a primary and non-contrib u tory basis for the benefit of Agency before the
Agency's own insurance or self-insurance shall be called upon to protect is as a named
insured.
(5) Any failure to comply w ith the reportin g or other provisions of
the insurance policies, including breaches of warranties, sha ll not affect coverage
provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
3. Workers' Compensation Coverage. Un less the City Manager
otherwise ag r ees in writing, the insurer sha ll agree to waive all ri g hts of subrogation
against City, and its respective elected and appointed officers , officials , employees and
agents for losses a ri si n g from work performed by Service Provider.
C. Other Requ irement s. Service Provider ag rees to deposit with City, at or
before th e effective da te of thi s Agreem ent, certificates of i nsu rance necessary to
satisfy City that the insura nce provisions of this contract have been comp lied with. The
City may require that Service Provider furnish City with copies of orig inal endorsements
effectin g coverage requir ed by this Exhib it "C". The certificates and endorsements are
to be signed by a person authorized by tha t in sure r to bind coverage o n its behalf. City
reserves the righ t to inspe ct complete, certified cop ies of all required insurance policies,
at any t ime .
1. Service Provider shall furnish certificates and endo rsements from
each subcontractor identi cal to those Service Provider provides.
2. Any deductibles o r self-insured retentions must be declared t o and
approved by City. At the option of City, either the insurer shall reduce or el i m i nate such
C-3
deductibles or self-insured retentions as re spects C ity or its respective elected or
appointed officers, officials, employees and volunteers or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
admini stration, defense expenses and claims .
3. T he procuring of such required policy or policies of insurance shall
not be const rued to limit Service Provid er's liability hereunder nor to fulfill the
indemnif i cation provisions and requirements of this Agreement.
C -4
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ATTACHMENT B
PRO POSAL WORKSH EETS
CO ST PROPROSAL
PARA TRANSIT DIAL-A-RIDE (SENIOR/DISABLED)
BIDD ER INFORMATIO N
Name of Bidder: Sou th land Trans it , Inc.
Address : 3650 Rockwell Ave , El Monte, CA 9170 6 Teleph one : (626 ) 258-131 0
~:::::!::.~~~ .. ~~J~t.;~~E~::::::::::;~=-----;r--_gDate : April 12 , 2019 z ~
--------------------------------------------------------·
Annua l cost for 72 hour advance reservation and "on dem and " Dia l-A-R ide Pro gra m
(Ple ase show rate pe r se rv ice hour as wel ll as cap ital and ope rat iong costs):
Year1
Rate per servic e hour $63 .53 per hour
Year 2
Veh icles & Equipment: $47146 per year
Ope ratio ns: $464867 .77 pe r year
Total : $512013.77 per year
Rate per service ho ur $65 .87 per hour
Year3
Veh i cles & Eq uipment: $4 7557 per year
Operatio ns : $4 83329.46 pe r year
Total : $530886.46 per year
Ra te per service ho ur $67 .86 per hour
Veh icles & Equipment: $47976 per yea r
Operations : $498945 .8 per year
Total : $546921 .8 per year
1 of 2
Southland Transit, Inc.
City of Temple City Dial-A-Ride Transportati on Services
FEE & PRICING DETAIL
April 12, 2019
OPERATIONS
Driver Pay roll
Driver Be nefits & Payroll Expen ses
Other Ope rat ions Staff Payroll
Other Operations Staff Benefits & Payroll Expenses
Field Su pervisors
Fiel d Su pervisors Benefits & Payroll Expenses
Supp lies
Vehicle Cost s
Fuel
Communications Eouioment
Miscellaneous Operations Costs
Total Operations Expenses
MAINTENANCE
Maintenance Staff Payroll
Maintenan ce Staff Benefits & Pa yroll Expenses
Parts & Supplies
Oil & Lubricants
Maintena nce Equipment
Miscellan eous Maintenance Costs
Total Maintenance
OTHER COSTS
Administ rative/Management Payroll
Administ ra tive/Manaoement Benefits & Payroll Expenses
Insurance
Facility Re nt
Utilities
Othe r/overhead Costs
ProfiUFee
Total Other Costs
Total Annual Cost
Vehicle Service Hours•
Hourly Service Rate
2019
Year1
$ 179 ,664
$ 52 ,3 27
$ 42 ,393
$ 12 ,3 47
$ 8 ,9 70
$ 2 613
$ 693
$ 26,597
$ 23,640
$ 9 ,504
$ 10,352
$ 369 ,099.53
$ 2 1,840
$ 6,361
$ 22 190
$ 1,400
$ -
$ -
$ 51 ,791.00
$ 10,500
$ 3,058
$ 35 ,558
$ 9,600
$ 600
$ 15,000
$ 16,807
$ 91 ,123 .24
$ 512,013 .77
8 ,060
$ 63 .53
BASE TERM
2020 2021
Year2 Year3
$ 189 096 $ 194,769
$ 53,897 $ 55,514
$ 4 3 ,665 $ 44,975
$ 12,717 $ 13,099
$ 9 ,239 $ 9,516
$ 2 691 $ 2,772
$ 707 $ 721
$ 26 ,597 $ 26 ,597
$ 24 ,822 $ 26,063
$ 9 ,694 $ 9 ,888
$ 10 ,559 $ 10,770
$ 383,684.00 $ 394,684.00
$ 22,495 $ 23,170
$ 6 ,552 $ 6,880
$ 22,856 $ 23 ,999
$ 1,442 $ 1,514
$ -$ -
$ -$ -
$ 53,345.00 $ 55,563.00
$ 10,815 $ 11 '139
$ 3 ,150 $ 3,245
$ 36,625 $ 37,724
$ 9,888 $ 10,185
$ 618 $ 637
$ 15,450 $ 15,914
$ 17 ,311 $ 17 ,831
$ 93 ,857.46 $ 96,674.80
$ 530,886.46 $ 546,921.80
8,060 8 ,060
$ 65.87 $ 67.86
PROPOSED VEHICLES
Please indicate below the vehicles to be used in the performance of the duties outlined in
the Request for Proposal. Please include the number of vehicles and make model , year,
seating capacity , and all other relevant information pertaining to each vehicle .
Primary Vehicles for the Temple City Dial-A-Ride program ;
1
2
3
Make
Dodge
Dodge
Dodge
Model
Grand Caravan
Grand Caravan
Grand Caravan
Year Seating Other
2013 4+2WH 64K Miles
2013 4+2WH 65K Miles
2013 4+2WH 83K Miles
Back up Vehicles for the Temple City Dial-A-Ride program;
Make Model Year Seating Other
11Ford !Cutaway Bus 2012I12+2WHI79K Miles
2 of 2
ATTACHMENT C
PROPOSAL W ORKSHEETS
COST PROPO SAL
PAR A TRAN SI T DIAL-A -RIDE (SEN IOR/DISA BLE )
BI DDER INF ORMATION
Name of Bidder: PCAM,LLC
Add ress : 3165 Garfie ld Ay.e~ommerce CA 900,%)-----
'\."\ />
\ / Date:
----------~~~-H~----------------
(562} 862 -2118 Telephone
Signa ture:
Annua l Cost for 72 Hours i n a d v~n F e eservation an d "on demand : Di al A Rid program
(Please show rate per serv i ce h o~? as well as capita l an d operati ng cost :)
Year 1
Ra t e p er service hour $ 71.9 per hour
V e h icle & Equ i pm e nt $ 6 7,860 .00 per ye ar
Operations: $ 511,675 .46 per year
Total $ 579,535 .46 per year
Year 2
Rate per se rvice ho u r $ 74.06 p e r hou r
Veh i cle & Equi pm ent $ 69,89 5.80 per yea r
O perations : $ 52 7 ,025.72 per year
Total $ 596,921.52 per year
Year 3
Rate per service hour $ 7 6.28 pe r hou r
Vehicle & Eq u ip m ent $ 71,992 .67 p e r year
O perations : $ 542,836.49 pe r year
Total $ 6 14,829.16 per year
Proposed Vehicles: 3 in service+ I as back-up. See specs below:
P CA's Dial-A-Ride operat ion will have thr ee vehicles in service, Monday through Friday, from 7:00am to
8:00pm, with a fourth ve h icle pr ovided as back-up as needed . P CA w ill operate one vehicle alon g with
o ne back-up vehi cl e for Saturdays fro m 9:00am to 7:00pm, Sund ays from 8:30am to 6 :30pm, a nd o n
holi days from 9:00am to 5:00pm. PCA w ill ensure enough vehicles are in operatio n during peak passenger
hours. PCA will provide, maintain, store, and clean the vehicles. All vehicles will also have a closed-
circuit video camera system, and the Dial-A-Ride vehicles will be fitted with vehicle tracking technology
to provide real-time informati on to use rs, im prove on -time performance, and di splay real-time and
hi storical data. Al l vehicles will be ADA-compliant and will provide two (2) wheelchair positions w ith
securing devices. PCA w ill comply with all vehicle s pecifications as listed in th e RFP . PCA's vehicl es
are safe, d epend able, well-ma intai ned , access ibl e , and clean.
Dial-A-Ride Dial-A-Ride Dial-A-Ride Dial -A-Ride
Vehicle # 1 Vehicle# 2 Vehicle# 3 Vehicle # 4
Year 20 19 2019 2019 2019
Make Starcraft Starcraft Starcraft Starcraft
Model Allstar 27 Allstar 27 Allstar 27 A ll star 27
Airport Airport Airport Airport
Shuttle Bus Shuttl e B us Sh uttle Bus Shuttl e Bus
Type of Fuel Reg ul ar Regular Regular R egular
Seat Capacity 24 (including 2 24 (including 2 24 (including 2 24 (including 2
wheelchair) wheelchair) wheelchair) wheelchair)
Condition New New New New
ADA-Yes Yes Yes Yes
compliant
Wheelchair 2 2 2 2
positions
Close d-c ircuit Yes Yes Yes Yes
video camera
Vehicle Yes Yes Yes Y es
Tracking Tech.
Additional See specs See specs See specs See specs
Features below below below below
All vehicles w ill have vehicle tracking teclmology.
2019 STARCRAFT ALLSTAR 27 AIRPORT SHUTTLE BUS
• 22 SEATED PASSENGER 2 WHEELCJ-WRS
• FORD E450 CHASSIS WlTH 6.8L VIO GASOUNE E GINE
• FORD GASEOUS FUEL PREP PACKAGE
• 55 GALLO FUEL TANK
ELECTRONlC SIX SPEED AUTOMATIC TRA SMISSIO
DAYTIME RUNNING LIGHTS
• FORD OEM 225 AMP ALTERN A TOR
• DASH NC, HEAT, & DEFROSTER
CRUISE CONT ROL
• DUAL HEA VY DUTY FORD OEM BA ITERJ ES
• FORD SHUTTLE BUS PREP PACKAGE
• FRONT DESTINATION ELECTRONIC SIGN
• SIDE DESTINATION ELECTRONlC SIGN
• FPR 0 CEILING
• FPR 0 REAR WALL
• FPRO SIDEWALLUNDERSEATTRACK
• GERFLOOR SERIUS GRAPHITE BLACK 0 SLIP FLOORING
TRANS AIR SUPER FORD 68,000 BTU WITH DUAL COMPRESSORS
• DOOR ACTIVATED INTERIOR LIGHTS
• PASSE GER COMPARTME THEATER, 65K BTU
• DELUXE AMJFM CD WIMIC INPUT & CLOCK WITH 4 SPEAKERS & PA
• 36" PASSENGER DOOR-ELECTRIC
• DOUBLE WHEELCHAIR DOORS WITII TWO WINDOWS
• BRAUN CENTURY WHEELCHAJR LIFT 34" X 54"
• INTERMOTIVE FAST IDLE WITH INTERLOCK
• Q'STRAINT 82 0L MAX RETRACT WHEELCHAIR TIE DOWNS (2)
• PRIORITY SEATING SIGN
• WHEELCHAIR DECAL
• BACK UP ALARM
• CEILING GRAB RAILS (2)
• I 1/4" GRAB RAIL PARALLEL TO ENTRANCE
• STANCHION AN D MODESTY PANEL
• DRIVER SEAT HI GH BACK RECLINER WITH ARMREST
• DRIVER SEAT COVER-LEVEL 6 DURATEX
JO RD AN BLUE CLOTH
• LOW BACK PERIMETER SEATS (22)
• HANDIFLIPSINGLESEAT(I )
• HAND! FLIP DOUBLE (2)
• SEAT COVER-LEVEL 6 DURA TEX
JORDAN BLUE CLOTH
r--------------
ATTACHMENT D
PROPOSAL PRICE SHEET
To furnish the Dial-A-Ride service desc ribed in this prop os al, the Contractor would charge the meter rates
or cost per mile give n below .
Year 1 Year2 Year 3 Year 4 Yea r 5
1 Based on Based on
Flag Drop: per tri p $2.65 $2.65 $2.65 County County
Approved Approve d
Rates Rates
2
$2.45 $2.45 $2.45 Based on Based on
Per Mile ($0.3 5 for ($0.35 for ($0.35 for County County
each 117 each 117 each 117 Approved Approved
mi) mi ) mi) Rates Rates
3 $26.53 per $26.53 pe r $26.53 per $26.53 per $26.53 per
Per minute or ot her hour of wait hour of hour of hour of hour of
time period time wait tim e wait time wait time wait time
4 *Administrative
Overhead: %of net 15 % 15% 15 % 15 % 15 % charges charged, net
of collected fares
5 Other charges:
MJM Innovat ions
Set-up fee $5,0 00 $0 $0 $0 $0
Transaction fee/trip $0.3 5 -$0.50 $0.35 -$0 .50 $0.35-$0.35 -$0.50 $0.3 5 -$0.50
$0.50
Business Name: Fiesta Taxj Cooperative, Inc.
Address: 2129 West R osecrans Ave
City, State, Zip: Gardena, CA 90249
Phone Number: 310-715-1968
R ep. Name & Title: Marco A. Soto-Director of Operations
Signature ~~/ Date: April 12, 2019
Our administrative overhead i s billed to cover the program management, wheelchair-ac cessible
van subsidies, and dedjcated ramp van vehicle.
The MJM fees include a one-time setup fee of $5,000 plus a $0.50 per tran saction fee for 0-25,000
trips or $0.35 for 25,0 01 to 100,000 trips .
4 2
Fiesta Taxi Cooperative, Inc. certifies that the foregoing prices are valid for 120 calendar days
from the proposal due date, and that these will be the prices maintained throughout the contract
period.
Lastly, we are currently charging rates which were approved in 2006, the most current County
approved rates are higher and we would like to ret ain the optio n of requesting a meter rate increase
if the County approves new rates if the gas prices increase significantly. The City Council would
have the discretion of approving a rate increase.
43