HomeMy Public PortalAbout08) 7E First Amendment to Southland Transit Inc. Dial A RideDATE:
TO:
FROM:
AGENDA
PARKS AND RECREATION DEPARTMENT ITEM 7. E
MEMORANDUM
August 4, 2015
The Honorable City Council
Bryan Cook , City Manager
1
iJJ
By: Cathy Burroughs , Director of Parks and Re c reation vy
SUBJECT: APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH
SOUTHLAND TRANSIT, INC. FOR DIAL-A-RIDE TRANSPORATION
SERVICES
RECOMMENDATION:
The City Council is requested to approve the first amendment to the Agreement to
Provide Services with Southland Transit, Inc . (STI) for Dial-A-Ride (DAR) transportation
services (Attachment "A").
BACKGROUND:
1. On May 6 , 2014 , the City Council approved a three -year Agreement (Agreement)
with STI to provide DAR transportation services through June 30 , 2017.
2 . On June 17 , 2015, the Parks and Recreation Comm ission considered various
recommendations from staff regarding the DAR program and recommended the
City Council approve extending weekend hours two add it ional hours each day.
3 . On July 7 , 2015, the City Council approved the recommendat ion from the Parks
and Recreation Commission extending weekend hours of operation two additional
hours each day for a total of 208 hours/year.
ANALYSIS:
The City is in the second year of a two-year Agreement w ith STI to provide DAR
transportation services . Section 4 (a) of the Agreement provides that the City agrees to
pay STI the amounts specified in Exhibit B-Compensation . Based on the Agreement,
the total compensation shall not exceed $1 ,290 ,705 over the three year term (i.e.
$418 ,706 , $429 ,876 , and $442 ,124 for years one, two and three respect ively ) unless
additional compensation is approved by the City Council or City Manager. The City
Council approved an in c rease in the compensation through the ir approval of the
City Council
August 4 , 2015
Page 2 of 2
extension of weekend hours on July 7, 2015 . Extending the hours of operation two hours
on Saturdays and Sundays will increase the compensation due to STI by a total of
$22 ,370 over the remaining two years of the Agreement. The am ount is based on the
following :
Year2
2 hours/day x 2 days x 52 weeks= 208 hours@ $53 .01 /hour $11 ,030 (rounded up)
Year3
2 hours/day x 2 days x 52 weeks= 208 hours@ $54 .52 /hour $11 ,340
Staff recommends the City Council approve the First Amendment to the Agreement with
STI to cover the additional costs associated with extending the hours of operation of the
City's DAR transportation program on Saturdays and Sundays .
CONCLUSION:
Approval of the First Amendment to the Agreement with STI will allow the City to extend
weekend hours of operation for the DAR program through June 30 , 2017 .
FISCAL IMPACT:
The City Council as part of the Fiscal Year (FY ) 2015-16 City Budget, approved an
appropriation of $441 ,020 for the DAR program which includes $11 ,030 for the
additional weekend hours .
ATTACHMENT:
A. First Amendment to Agreement to Provide Services-Southland Transit , Inc .
ATTACHMENT A
FIRST AMENDMENT TO
AGREEMENT TO PROVIDE SERVICES
b y an d between
th e
CITY OF TEMPLE CITY
a nd
SOUTHLAND TRANSIT, INC.
Dated ______ , 20
R IV #4840-132 8-25 7 I ' I
FI R ST AMENDMENT TO AG REEMEN T TO PROVID E SERVICES
Thi s First Ame ndm ent to Agreeme nt to Pro vide Services ("Fi rs t Amen dment'.), whic h is
dated for reference as indic ated on th e cove r pa ge, is hereby entered into by and between th e
CITY OF TEMPLE C ITY. a Ca li fo rni a charter city ("Ci ty"), and SOUTHLAND TRA SIT,
I C., a corporation ('"Service Provider"), as fol lows:
R ECIT A L S
A. Ci ty an d Co ns ultant e nt ered in an Agreemen t to Pro v id e Serv ices o n Ma y 6, 20 14
("'Agreement"). The Agreement pr ovides that Consu ltant will provide complete Di a l-A-
Ride tra ns portation services for, and o n behalf of. City.
B. Secti on 4 (a) of th e Agree ment prov id es th at C it y ag rees to pa y Serv ice Pr ovider the
amounts specified in Exhib it ''B" "Compensation". The total compensation, including
reimburse ment for actual expenses, shall not exceed one million , two hundred ninet y
thou san d. seven hundred and five dollars ($1 ,290,7 05) over three yea rs (i.e. $418,706,
$429,876, and $4 42,123 for yea rs one, two an d three res pective ly), un less add itio na l
compensatio n is app roved in writing by the Ci ty Co un c il or Ci ty Manager
C. This First Amend ment amend s Section 4 (a) to provide that the tota l co mp ensation for
year two wi ll increa se by $11.030 for a total of $44 0,906 and yea r three will increase
$11,34 0 for a total of$453,463.
D. The weekend ho ur s of operation fo r th e Dial-A-Ride pr ogram will be changed from the
cu rrent 9 a.m.-5 p.m. on aturday a nd Sunday to 9 a .m.-7 p.m. on Saturday and 8:30
a .m.-6:30p.m . o n Sunday.
OPE RATIV E PROVISIONS
OW. THEREFOR E, in consideratio n of the promises made a nd rec ited herein, the
parti es do hereb y e nt e r into thi s First A me ndm ent whic h modifie s and amends the Agreement as
fo ll ows:
I. AMENDMENT. T he Agreement is he reby modified and am ended as follows:
1.1 C OMPENSATION AND METHOD OF P AYMENT. Section 4 (a) of
the Agreement is here by amended as fo llows:
R IV #4840-1 328-257 1 ' I
ubjcct to any limitat ions se t forth in th is Agreement, City agrees to pay
Se rv ice Provider th e amount s specified in Ex hibit ''B " "Compe nsa tion "
a nd made a part of thi s Agree ment. T he tota l compens ati on, in clud in g
re imb ursement for actual expenses shall not exceed one million, three
hu ndred thirteen tho usan d , sevent y five doll ars ($1 ,3 13,075 ) over three
yea rs (i.e. $418,706, $440 ,906, and $453,463) for yea rs one, two and three
respect ive ly), unless add iti onal co mp e nsa tio n is ap pro ve d in wri tin g by the
C it y Council or Ci ty Manager.
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FIR ST AME DM ENT TO jl N ERT TITLE OF ORJGI NA L AGREEMENT ]
Thi s First Amendm e nt to Agree me nt to Pr o id e Serv ices (''Firs t Ame ndm ent "), whi ch is
dated for reference as indic ated o n the cove r pa ge, is hereby ent e red int o by and be twee n th e
C ITY OF TEM PL E C IT Y, a Ca lifo rnia chart e r c it y ("'C it y"), and OUT II LAND TRA IT,
I C., a co rporation ( .. Se rv ice Pr ovide r''). as fo ll ov\S:
RECITAL
A. Cit) and Consultan t e nt ered in an Ag ree men t to Pr ovide 'en ices o n May 6. 20 14
("'Agree me nt .. ). The grec ment pro id es th a t Co nsu lt ant "'ill provide comp lete Dia l-A-
Rid e tra ns po rtati o n se n ices for, and o n behalf of. C it y.
B. Secti on 4 (a) o f th e Ag re ement p rov id es th at C it y agree s to pay Service Pro vi der th e
a moun ts s peci fi ed in Ex hibit "B'' ·'Co mp ensa ti o n". Th e to ta l compe nsat io n, includ in g
reimb ur se ment for ac tu al ex penses, shall not exceed one milli o n, two hundred nin ety
th o usa nd. seven hundred and fi ve doll ars ($1.290. 705 ) o ve r three yea rs (i.e. $4 18 .706,
$429.876. a nd 442.1 23 fo r yea rs o ne. tw o and three res pective ly). unl ess additiona l
compensatio n is approved in \Hiting by the Cit ) Co uncil or Ci t) Manage r
C. Thi s Firs t Amendm ent a men d s ec ti o n 4 (a) to pro vid e th at the tota l co mp ensa ti on for
year two w ill increase by $11.03 0 for a total of $440,906 and year three will in crease
$11 ,340 for a tota l of $453 ,4 63.
D. The weeke nd hour s of ope rati o n for th e Dial-A-Ride pro g ram wi ll be c hanged from th e
cu rr e nt 9 a.m. -5 p.m. o n a turd ay and und ay to 9 a.m.-7 p.m. o n a turd ay and 8:30
a.m. 6:..,0 p.m. on und a).
OPE RAT IVE PROVI S IO N
OW , TII E REFOR E, in cons ideration of th e pro mi ses made and rec it ed he rein, the
parti es d o hereb y ent e r int o thi s f-irst Amendm e nt wh ic h modifi es and ame nd s th e Agreemen t as
follow s:
I . AMENDMENT. T he Ag reemen t is hereb y modifi ed a nd amended as fo ll ows:
1.1 COMP EN AT ION AND METHOD OF PAYMENT. Sec ti on 4 (a) of
the Ag reement is hereb y amended as fo ll ow s :
RIV #4840-1328-257 1 'I
Subject to an) limita ti on s se t forth in thi s Agreemen t, City agrees to pay
erv ice Pr ov ider the a mo unt s pecified in Ex hibit "B" ·'Co mpen sa ti o n"
a nd mad e a part of thi s Agreement. The tota l co mpen sation, including
reimburseme nt for actu a l expe nses shall no t excee d o ne milli on , thre e
hundred thi11 een th o usa nd , se ent y five dolla rs ($1 ,3 13 ,075 ) ove r three
years (i.e. $418,706, $440,906. a nd $453.4 63) fo r years o ne , t wo and three
res pecti el y). unless a dditi onal co mpensati on is appro ed in wri tin g by the
C ity Council or C it y Man ager.
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1.2 E XHIBIT "B" C OMPE NSAT IO N. Exhibit .. B .. of the Ag reem e nt is
he reb y am e nded as fol lo ws:
II . The Cit y shall pay Se rv ice Pro vider to perform the servi ces pro v ided
fo r herein a s follow s:
Year 1
$5 1.6 3 pe r ho ur not to exce ed $4 16 ,12 5 per yea r
Additi ona l se rv ices as required by Cit y, up to 50 ho ur s per year. sha ll be
pro v id ed a t a rate o f:
$5 1.6 3 pe r hour not to exceed $2.5 81 per ye ar
Year2
$5 3.01 pe r hour no t to exceed $438,25 6 pe r yea r
Add it iona l se r ices as required by C ity, up to 50 ho urs per year, shall be
prov ided a t a ra te o f:
$53.0 I pe r hour no t to exceed $2,65 0 per ye ar
Year3
$54 .52 per hour no t to e xce ed $4 50 ,737 pe r yea r
Additi o na l services as required by C it y, up to 50 ho urs per yea r. sha ll be
pro v id ed at a rate of:
$54 .52 per hou r not to excee d $ 2,726 per yea r
T he total co mpe nsa tion for Se rvic es s hall not ex cee d $1,313 ,075 over
t hree yea r s (i.e ., $418,706 , $440,906, and $453 ,4 63 for years one, two
a nd three res pectively), as prov id ed in Section 4 of this Agreement.
2. GENERAL PROV I S IO NS.
2.1 Remainder Un c h a n ge d . Exce pt as s pecificall y modified and am e nd ed in
thi s F irst Amendme nt , th e Ag reeme nt re main s in full fo rce and effec t a nd bindin g up o n th e
parti es.
2.2 Integration . Thi s Fi rs t Ame ndment con s is ts o f pages I thr o ugh 4
inclu s ive, which co nstit ut e th e entire unders ta nd ing and agree ment o f th e parti es and s up erse des
a ll nego ti a ti ons o r prev iou s ag ree ment s betwee n th e parti es with res pec t to al l o r any part o f th e
tran sac ti o n d isc usse d in thi s First Amendm e nt.
2.3 E ffecti ve Da te . Th is First Ame ndment sha ll no t beco me effec tive until
th e date it ha been fo rmall y approved by the C it y Cou ncil and execut ed by th e app ro pri ate
R!V #48 40-132 8-257 1 vi -3-
authori t ie s of the Cit y a nd Consultant. The term of thi s A gr eement is effect ive a s of ___ _
20 I 5 and shall re main in full force and effec t u nti l June 30. 20 I 7.
2.4 A pplica bl e L aw . Th e laws o f the tate of Califo rnia s h all gove rn the
interpre tation and enforcement o f thi s Fi rs t A m endment.
2.5 Refere n ce . A ll re fe rences to the Agreement include all their respecti ve
terms a n d provis ion s. A ll defi ned terms utili zed in thi s Firs t A m end ment have the same meaning
as prov ided in the Agree m e nt , un less ex pressly s ta ted to th e cont rary in th is Fi rst A m end ment.
IN W1T ESS WH EREOF , t he part ies hereto have executed this Fi rs t Amendment to
the Ag reement o n the date and year fir st wri tten above .
C ITY :
T l IE CITY OF TEMPLE CITY
B y:=----=--.,--==--~------
B ryan Cook, C ity Manager
ATI'E T: APPR OVE D AS TO FORM
Pcgg) Ku o . Ci t y Clerk Eric . ai l. C it y Anomey
Date: ------------
CONSU LTA T :
B y: By : -
a rn e: __________ _ arne: ____________ _
Tit le: T it le:
RIV #4840-132 8-257 1 'I -4-