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)
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Date
Contact Information
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Beginning Date Contract Completion Date
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Insurance
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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.
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-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.