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HomeMy Public PortalAboutAgreement_7/1/2018to 12/31/2018_Southland Transit, Inc._Dial-A-Ride_18-043CAGREEMENT COVER SHEET \ -O SLoC Type of Contract Consultant Services Professional Services Public Works Other: Meeting Date of Approval (Only If Applicable) JUG( 19, W Date Contact Information Name of Company: 50\114LIN" jp, -r-1l,.,,l -T- , 1 pc, Address: Sty 50 -c d' "AEU- P EL Moat , CA 9 I-73 r Contact Person: SCOTT 112-Pr uC , \1C ' i DCrJr / CVO Phone Number: Email: Scope (Type of Project) "Pf4L - 4-- PI li '(-F-f°r1u5 `rolcoti.1 ev lc Term of Contract al., 1 , Zolb `Jafire_ g , Zol s Beginning Date Contract Completion Date Contract Reviewed By City Manager Department Director City Attorney 1 No Changes to the Template Administrative Services Director Other: Insurance ri Additional Insured Endorsement Cancellation Provision General/Auto/Workman Comp. Expiration Date: Notes: w moort4 1C -0-A, Wrr4 "r1+6 TO 60 Reel-ntl - TO - Moe -- {fir12. Date CV Pt12 c r Bc-1>i 'n i— THIRD AMENDMENT TO AGREEMENT TO PROVIDE SERVICES by and between the CITY OF TEMPLE CITY and SOUTHLAND TRANSIT, INC. Dated JU We lel , 20 lb R1V #4840-1328-2571 vl THIRD AMENDMENT TO AGREEMENT TO PROVIDE SERVICES This Third Amendment to Agreement to Provide Services ("Third Amendment"), which 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 ("Service 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 services 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 schedule specified in Exhibit "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, 2015 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 amending 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. This 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. F. This Third Amendment also amends Exhibit A to reflect the parties' agreement on the manner in which the fifth and final year (last one-year extension) of the term of the Agreement will be carried out. 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 amended as follows: RIV #4840-I328-2571 vl -2- Subject to any limitations set forth in this Agreement, City agrees 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 additional compensation is approved in writing by the City Council or City Manager. 1.2 Term of Agreement. Exhibit "A" [Scope of Services] of the Agreement is hereby amended as follows: Service Provider shall provide complete dial -a -ride transportation services for and on behalf of the City, as identified in the Request for Proposal and as stated in the proposal submitted by the Service Provider dated March 7, 2014, which is incorporated by this reference. Scope of Services, including services, work products, and personnel, are subject to change by mutual agreement. Service Provider shall perform this Scope of Services for the fifth and final year of the Agreement for a period of no less than six (6) months. Thereafter, the Agreement will convert to a month -to -month term for the remainder of the contract year and the City will have the option to terminate the contract for its convenience and to cancel any remaining months by giving thirty (30) days' notice. The City Manager is authorized to act on the City's behalf in giving such notice. 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. 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, Service Provider's investigation and findings in regard 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. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This Third Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Third Amendment. RIV #4840-1328-2571 vl -3- 2.3 Effective Date. This Third Amendment shall be not become effective until the date it has been formally approved by the City Council 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 enforcement of this Third Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment. [continued on next page] RIV #4840-1328-2571 vl -4- IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY By: Bryan Cook, City Manager ATTEST: �J L-wAD Peggy uo, City Clerk '(—Ik— l� APPROVED AS T Ste' RM Eric : : ' , City Attor SERVICE PROVIDER: SOUTHLAND TRANSIT, INC. By: Name: :, D --, Title: v Name: ,r.y ur� c�{%SS<<:xv Title: /J 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, R1V #4840-1328-2571 vl -5- 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. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On /LO 1/ , 207? befor me, c -e -1 77)7/1y�l.,B-fit Date personally appeared 4 /7 eJ/! 6 SUSAN TUSING Commission # 2080899 Notary Public - California Los Angeles County My Gomm. Expires Oct 1, 2018 z z Name And Title Of Officer (e.g. "Jane Doe, Notary Public ) Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc- subscribed to the within instrument and acknowledged to me that he/sFeft-rey executed the same in his/her/their authorized capacity(ies), and that by his/her -(their signature(s) on the instrument the person(s), 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 California that the foregoing paragraph is true and correct. WITNESS m a 'd and official seal. Though this section is optional, completing this i reattachment of this form to an unintended doc CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: OP ividual O Corporate Officer O Partner(s) Title(s) 0 ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Limited General Signer is representing: Name Of Person(s) Or Entity(ies) Signature of Notary Public rnation of the document or fraudulent DESCRIPTION OF ATTACHED DOCUMENT TitlVype of Docun entrve C. Number Of Pages Date Of Document ner(s) Other Than Named Above Signer's Name: -dividual ❑ Corporate Officer 7/7Arotkii42,071t.ifet Wit* /tit/C(6 Title or Type of Document 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. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On %/U? , 20 /GP bef me, • aslit Date personally appeared 77Y1/rC SUSAN TUSING Commission # 2080899 Notary Public - California D Los Angeles County My Comm. Expires Oct 1, 2018 /epty �e__. Name And Title Of Officer (e.g. "Jane Doe, Notary Public") / 'luau ro 5/a_/1 Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her./their authorized capacity(ies), and that by his/h eir signature(s)_on the instrument the person*, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONA Signature of Notary Public Though this section is optional, completing this information cn deter alter ation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) (//` iiy /T/ai 'irss/ad1 DESCRIPTION OF ATTACHED DOCUMENT ❑ Partner(s) Title(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) O Guardian/Conservator O Other: Signer is representing: Name Of Person(s) Or Entity(ies) Number Of Pages Date Of Document (J of7 . VI 6 u) Signer(s)-Other Than Named Above OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. RIV 84840-1328-2571 v -6- EXHIBIT "A" SCOPE OF SERVICES — DIAL -A -RIDE SERVICES Service Provider (Southland Transit, Inc.) shall provide complete dial -a -ride transportation services for and on behalf of the City, as identified in the Request for Proposal and as stated in the proposal submitted by the Service Provider dated March 7, 2014, which is incorporated by this reference. Scope of Services, including services, work products, and personnel, are subject to change by mutual agreement. Service Provider shall perform this Scope of Services for the fifth and final year of the Agreement for a period of no less than six (6) months. Thereafter, the Agreement will convert to a month -to -month term and the City will have the option to cancel any remaining months by giving thirty (30) days' notice of its election to cancel. The City Manager shall be authorized to act on the City's behalf in giving such notice. 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. 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, Service Provider's investigation and findings in regard 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 supplies 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 Additional 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 $ 2,421 per year The total compensation for Services shall not exceed $525,000.