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AGENDA STAFF REPORT
FO 14
DATE: August 8, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Interim Director of Public Works
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT
C -1 -2487 FOR THE SENIOR MOBILITY PROGRAM
AND APPROVE THE REQUEST FOR PROPOSAL TO
SOLICIT SENIOR TRANSPORTATION SERVICES
SUMMARY OF REQUEST:
That the City Council:
1. Adopt resolution No. 6678 to authorize the City Manager to execute
Amendment No. 1 to Cooperative Agreement C -1 -2487 with Orange
County Transportation Authority (OCTA) for the Senior Mobility Program
2. Approve the Request For Proposal (RFP) for the Seal Beach Senior
Transportation Services, and
3. Authorize staff to solicit for proposals.
BACKGROUND AND ANALYSIS:
OCTA has a program called the Senior Mobility Program in which local agencies
are given the funds to operate their own bus program. The idea behind the
program is for each municipality to control their own program and cater it to the
needs of their community.
To participate in the OCTA Senior Mobility Program, the City entered into
Cooperative Agreement number C -1 -2487 on June 27, 2011 which terminated on
June 30, 2016. Attachment B is Amendment No. 1 to Cooperative Agreement
No. C -1 -2487 which extends the Agreement for additional five years to June 30,
2021.
Western Transit Systems (Keolis) is currently the service provider for the City's
Senior Mobility Program. However, the agreement with Western Transit Systems
will expire in November 2016. In addition to being standard practice, it is also
required of the grant that the service vendor operate under a valid contract. Staff
has prepared a Request for Proposal (RFP) for the solicitation of proposals from
Agenda Item F
qualified companies, for Seal Beach Senior Transportation Services. The
following is the RFP proposed timeline schedule:
Date
Item
August 9, 2016
Release RFP and circulate
August 30,2016 _i
Mandatory pre- proposal conference
September 1, 2016
i Deadline to submit written questions
I September 8, 2016
! Proposals_ due date
October 10, 2016
i Tentative City Council Award Date
November 1, 2016
Contract Start Date
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The approved 2016 -2017 Budget has the following funding allocation for the
City's Senior Transportation Program:
The contract will be for a period of thirty -six (36) months and the term of this
contract may be extended for two additional one -year terms, at the option of the
City.
RECOMMENDATION:
That the City Council:
1. Adopt resolution No. 6678 to authorize the City Manager to execute
Amendment No. 1 to Cooperative Agreement C -1 -2487 with Orange
County Transportation Authority (OCTA) for the Senior Mobility Program
2. Approve the Request For Proposal (RFP) for the Seal Beach Senior
Transportation Services and
3. Authorize staff to solicit for proposals.
Page 2
M
NOTED AND APPROVED:
41Y. Ingram, City M n ger
r of Public Works
Prepared by: Michael Ho, Dep. Dir. PW /City Engineer
Attachments:
A. Resolution No. 6678
B. Amendment No. 1 to Cooperative Agreement No. C -1 -2487
C. Cooperative Agreement No. C -1 -2487
D. Draft Request For Proposal dated August 9, 2016
E. Existing Western Transit Agreement
Page 3
Attachment "A"
RESOLUTION NUMBER 6678
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT No. 1 TO COOPERATIVE
AGREEMENT C -1 -2487 WITH THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR THE SENIOR MOBILITY
PROGRAM
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Amendment No. 1 to Cooperative
Agreement No. C -1 -2487 between the City of Seal Beach and Orange County
Transportation Authority for Senior Mobility Program.
Section 2. The Council hereby authorizes the City Manager to execute
Amendment No. 1 to Cooperative Agreement No. C -1 -2487 with Orange County
Transportation Authority.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 8th day of August, 2016 by the following vote:
AYES: Council Mem
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council
Sandra Massa - Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that
the foregoing resolution is the original copy of Resolution Number 6678 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 8th day of Au ust, 2016.
Robin L. Roberts, City Clerk
Affachment "B"
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AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -1 -2487
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SEAL BEACH
FOR
SENIOR MOBILITY PROGRAM
THIS AMENDMENT NO. 1 is made and entered into this day of 2016 by
and between the Orange County Transportation Authority, a public corporation of the State of California
(hereinafter referred to as "AUTHORITY'), the City of Seal Beach (hereinafter referred to as "CITY').
RECITALS
WHEREAS, by Agreement No. C -1 -2487 dated June 27, 2011, AUTHORITY and CITY are
entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation
services; and
WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County
Local Transportation Authority Ordinance No. 3; and
WHEREAS, AUTHORITY and CITY agree to comply with the M2 Project U SMP Funding and
Policy Guidelines ( "Guidelines "); and
WHEREAS, AUTHORITY and CITY agree to extend the term of the Agreement through
June 30, 2021;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
Amendment No. 1 to Cooperative Agreement No. C -1 -2487 is hereby amended in the following
particulars only:
1. Amend ARTICLES 2 and 3: to delete in their entirety and replace with Attachment 1 to
this Amendment.
Pape 1 of 2
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AMENDMENT NO. 1 TO
AGREEMENT NO, C -1 -2487
2. Amend ARTICLE 4. TERM OF AGREEMENT: Page 5 of 9, line 23, to delete
"June 30, 2016" as the expiration date of the Agreement, and in lieu thereof insert "June 30, 2021".
3. Amend ARTICLE 8. AUDIT AND INSPECTION OF RECORDS: Page 6 of 9, line 25, to
delete "four (4) years" as the period for audit and inspection record, and in lieu thereof insert
"five (5) years ".
4. Amend ARTICLE 11. ALCOHOL AND DRUG POLICY: Page 7 of 9, line 19, to change
the Drug Free Workplace Act of 1988 from "Exhibit D" to "Exhibit E ".
The balance of said Agreement remains unchanged.
Upon execution by both parties, this Amendment No. 1 to Cooperative Agreement
No. C -1 -2487 shall be made effective on July 1, 2016.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Cooperative
Agreement No. C -1 -2487 to be executed on the date first above written.
CITY OF SEAL BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY
By
By
Jill R. Ingram
City Manager
Robin Roberts
City Clerk
°
Darrell Johnson
Chief Executive Officer
APPROVED AS TO FORM:
m
APPROVED:
By
Craig Steele Beth McCormick
City Attorney General Manager, Transit
Pace 2 of 2
Attachment 1 to
AMENDMENT NO. 1
AGREEMENT NO. C -1 -2487
1 ARTICLE. 2. RESPONSIBILITIES OF AUTHORITY
2 A. AUTHORITY agrees to provide funds per the following:
3 1. Services provided under the Senior Mobility Program are available to individuals
4 60 years of age and older.
5 2. Funds for the program are identified as one percent (1 %) of Renewed
6 Measure M (M2) net sales tax revenue and will be allocated to all local jurisdictions based upon the
7 participating entity's respective percentage of the senior population of the entire county.
8 3. Senior population will be determined by using the most current official
9 decennial Census information provided by the U.S. Census Bureau.
10 4. All active participants will receive their portion of funding on a bi- monthly
11 basis.
12 B. In the event that the amount of M2 funding provided for this program is less than the
13 amount allocated for this program in fiscal year (FY 2010 -11 as illustrated in Exhibit A, "Senior Mobility
14 Program Allocation," AUTHORITY will allocate funds to CITY in an amount no greater than FY 2010 -11
15 funding levels less M2 SMP revenues. Disbursement of supplemental funds will occur upon
16 reconciliation of total M2 funds distributed to CITY during the fiscal year.
17 C. AUTHORITY agrees that Net Revenues allocated shall be expended within three (3)
18 years of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be
19 granted beyond a total of five (5) years from the date of the initial funding allocation.
20 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained
21 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be
22 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for
23 allocation to any project within the same source program at the discretion of AUTHORITY.
24 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
25 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle
26 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation, based on
Page 1 of 4
Attachment 1 to
AMENDMENT NO. 1
AGREEMENT NO. C -1 -2487
1 availability, at a cost equivalent to the refurbishment costs incurred by AUTHORITY.
2 ARTICLE 3. RESPONSIBILITIES OF CITY
3 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A
4 above will be used exclusively for providing accessible senior transportation services as specified in
5 Exhibit B, entitled "Senior Mobility Program Service Plan."
6 B. CITY will ensure the Service Plan is adopted by their governing board in accordance
7 with Section 7.0 of the SMP Funding and Policy Guidelines.
8 C. CITY must satisfy all M2 eligibility criteria as specified in Orange County Transportation
g Authority Ordinance No. 3 Requirements for Eligible Jurisdictions in order to receive their formula
10 allocation for this program.
11 D. CITY agrees to comply with all provisions of the SMP Guidelines included as Exhibit C.
12 E. CITY agrees that Net Revenues allocated shall be expended within three (3) years of
13 receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be
14 granted beyond a total of five (5) years from the date of the initial funding allocation.
15 F. In the event the time limits for use of Net Revenues are not satisfied, any retained Net
16 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to
17 AUTHORITY and these Net Revenues and interest eamed thereon shall be available for allocation to
18 any project within the same source program at the discretion of AUTHORITY.
19 G. CITY agrees to match a minimum of twenty percent (20 %) of the total annual program
20 expenditures. Local match may be made up of cash - subsidies, fare revenues, donations, or in -kind
21 contributions, such as salaries and benefits for CITY employees who perform work on the program.
22 H. CITY may contract with a third -party service provider to provide senior transportation
23 services provided that:
24 1. Contractor is selected using a competitive procurement process; and
25 2. Wheelchair accessible vehicles are available and used when requested.
26 /
Page 2 of 4
Attachment 1 to
AMENDMENT NO. 1
AGREEMENT NO. C -1 -2487
1 I. CITY shall procure and maintain insurance coverage during the entire term of this
2 Agreement. Coverage shall be full coverage or subject to self - insurance provisions. CITY shall
3 provide the following insurance coverage:
4 1. Commercial General Liability, to include Products /Completed Operations,
5 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of
6 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate.
7 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a
8 combined single limit of $1,000,000.00 each accident;
9 3. Workers' Compensation with limits as required by the State of California
10 including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents;
11 4. Employers' Liability with minimum limits of $1,000,000.00; and
12 J. Proof of such coverage, in the form of an insurance company issued policy
13 endorsement and a broker - issued insurance certificate, must be received by AUTHORITY prior to
14 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten
15 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors,
16 employees and agents designated as additional insured on the general and automobile liability. Such
17 insurance shall be primary and non- contributive to any insurance or self- insurance maintained by
18 AUTHORITY.
19 K. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement
20 Number C -1 -2487; and, the Senior Contract Administrator's Name, Sue Ding.
21 L. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior
22 Mobility Program. CITY shall submit monthly summary report by the end of the following month as
23 specified in Exhibit D, "Senior Mobility Program Monthly Reporting Form," included in this Agreement,
24 which is incorporated into and made part of this Agreement.
25 /
26 /
Page 3 of 4
Attachment 1 to
AMENDMENT NO.1
AGREEMENT NO. C -1 -2487
1 M. CITY shall adopt an annual Expenditure Report to account for Net Revenues and
2 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements-
3 The Expenditure Report shall be submitted by the end of six (6) months following the end of the
4 jurisdiction's fiscal year and include the following:
5 1. All Net Revenue fund balances and interest earned.
6 2. Expenditures identified by type (i.e. capital, operations, administration, etc.) and
7 program or project.
8 N. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program
9 services, CITY agrees to transfer vehicle title and registration within fourteen (14) calendar days
10 from taking possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY
11 confirming transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30)
12 calendar days from taking possession of the vehicle.
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Page 4 of 4
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EXHIBIT B
Senior Mobility Program
Agency Service Plan
Agency: City of Seal Beach
Senior Mobility Program
OCTA Agency Service Plan
Jurisdictions and agencies participating in the Orange County Transportation Authority
(OCTA) Senior Mobility Program (SMP) must complete the following Service Plan in order to
receive SMP funding. The Service Plan must be developed in accordance with SMP
Guidelines, included as Attachment 1, and submitted to OCTA for review. Upon review from
OCTA, the Service Plan must be formally adopted by the agency's council or governing body
and approved by the OCTA Board of Directors. Any modifications to SMP services will
require submittal of a new Service Plan.
Participant Information:
Agency Citv of Seal Beach
Program Contact Michael Ho, Dep. Dir. PW /City Engineer
Email mho @,-ealbeachca.gov
Service Description:
1.
Date 3/28116
Phone (562) 431 -2527 x1322
Program goals and objectives:
To provide safe, reliable and timely transportation for the seniors of the City of Seal
Beach.
2. Indicate how SMP service will be operated: (Please check all that apply)
21 Directly - Operated
Contract Service Provider
Y1Volunteers
FV]Subsidized Taxi Program
= Other (Please Describe)
3. Eligible trips provided under the SMP are limited to the following categories. Please
indicate the categories of service to be provided by your program: (Please check all
that apply)
Senior Center Fv7( Personal Care
Nutrition F 7v/ Shopping
Medical = Social / Recreation (Please Describe)
4. SMP Guidelines restricts trips outside of Orange County to medical trips within
approximately 10 miles of the Orange County border. Do you intend to provide medical
trips outside of Orange County?
OYes O No
If yes, please list the trip purpose and destinations: (e.g., medical trips to the VA Hospital
in Long Beach)
S. Fare structure:
None. Seal Beach residents are free.
6. Number of vehicles:
2
7. Projected annual ridership:
112,000
93
Source(s) of 20 percent match funding:
AQMD, General Fund and Private Party
Program Requirements:
1. Jurisdiction /Agency shall follow competitive procurement practices in selection of vendors for
all services which it does not provide using its own work force. Any Request for Proposals (RFP)
for services shall specify the use of vehicles meeting Americans with Disabilities Act (ADA)
accessibility standards.
2. Jurisdiction /Agency will perform, or ensure that a contracted vendor performs, maintenance of
all vehicles used in the Senior Mobility program, including, at a minimum:
a) Daily Pre -Trip Inspections that meet or exceed the guidelines provided in the attached
Pre -Trip Inspection Checklist (Attachment 2)
b) Scheduled preventative maintenance that meets or exceeds the guidelines provided in
the attached PM Checklist, including the maintenance of all accessibility features of the
vehicles.
c) Maintain maintenance records for each vehicle for five (5) years and, if required,
cooperate fully in annual motor coach carrier terminal inspections conducted by the
California I lighway Patrol.
3. Jurisdiction /Agency will ensure that its operators, or its contracted vendor's operators, are
properly licensed and trained to proficiency to perform duties safely, and in a manner which
treats its riders with respect and dignity. Disability awareness and passenger assistance will be
included in this training.
4. Jurisdiction /Agency will establish and implement an alcohol and drug program that complies
with 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), and will produce any
documentation necessary to establish its compliance with sections 701 -707.
S. Jurisdiction /Agency will submit a monthly report to OCTA's Community Transportation Services
Department as illustrated in Attachment 3.
6. Jurisdiction /Agency will participate in OCTA marketing and outreach efforts to encourage use of
fixed route transit service by older adults.
7. Jurisdiction /Agency will note OCTA sponsorship in any promotional material for service funded
under this agreement and will display an OCTA Senior Mobility Program logo on vehicles used in
this program (excluding taxis).
B. Jurisdiction /Agency will ensure that it maintains adequate oversightand control over all aspects
of services that are provided by a contracted vendor.
IN WITNESS WHEREOF, has formally adopted the Senior Mobility Program Scope of Work
as written above.
AGENCY REPRESENTATIVE
OCTA REPRESENTATIVE
Name: Michael Ho
Name: Beth McCormick
Title: Dep. Dir. PTV /City Engineer Title: General Manager, Transit
RESOLUTION NUMBER 6634
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AGENCY SERVICE PLAN WITH THE ORANGE
COUNTY TRANSPORTATION AUTHORITY REGARDING THE
SENIOR MOBILITY PROGRAM
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Agency Service Plan between
the City of Seal Beach and Orange County Transportation Authority.
Section 2. The City Council hereby authorizes the City Manager to execute the
Agency Service Plan.
PASSED, APPROVED AND ADOPTED by the Seat Beach City Council at a
regular meeting held on the 25th day of April 2016 by the following
vote:
AYES:
Council Members:
Massa - Lavin, Varipapa, Deaton, Sloan, Miller
NOES:
Council Members:
None
ABSENT:
Council Members:
None
ABSTAIN:
Council Members:
None
tATTEST:
K;42 'V
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
WORAUNIJ4
t, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6634 on file in
EXHIBIT C
Senior Mobility Program
Project U Funding and Policy Guidelines
March 2016
1.0 Overview
The Measure M2 (M2) Project U — Senior Mobility Program (SMP) provides funding
to support local, community -based transportation service for seniors. Originally
established in 2001 using limited state funding for bus operations, M2 Project U
SMP funding was established to continue and expand the existing program.
A formula funding allocation was established for all Orange County local
jurisdictions based upon their senior population. One percent of M2 net revenue
is used to fund the program and local jurisdictions must provide a minimum 20
percent local match of the total annual program expenditures.
The Orange County Transportation Authority (OCTA) Board of Directors approved
these guidelines on March 28, 2016. The purpose is to provide structure and
definitions for all eligible M2 jurisdictions receiving SMP funding. OCTA shall
enforce the provisions spelled out in these guidelines.
2.0 Objectives
• To provide for local, community -based senior transportation services.
• To allow local jurisdictions to develop and implement senior transportation
services to serve their community.
• To provide transit options for seniors which complement rather than duplicate
OCTA fixed route and ACCESS paratransit service.
3.0 Eligibility Requirements
Participation in the SMP is contingent upon maintaining M2 eligibility. Local
jurisdictions must be eligible to receive M2 funding, established on an annual basis
as specified in the M2 Ordinance Requirements for Eligible Jurisdictions, to receive
the formula allocation for this program.' Adherence to strict funding guidelines is
required.
Local jurisdictions are required to submit a Service Plan as described in Section
7.0 and must enter into a cooperative funding agreement with OCTA that defines
the conditions of use of SMP funds prior to receiving their SMP funding allocation.
' Orange County Transportation Authority Ordinance No. 3, Attachment B, Section III
11Pag
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EXHIBIT C
4.0 Funding Allocation Method & Distribution
Funding for the program is identified as one percent of M2 net sales tax revenue
and will be allocated to eligible local jurisdictions based upon the participating
jurisdiction's percentage of the senior population of the county. Senior population
is determined by using the most current official decennial Census information
provided by the U.S. Census Bureau.
Funding allocations are based on actual sales tax receipts. Funding will be
distributed on a bi- monthly basis. SMP funds must be expended within three years
of receipt.
OCTA may grant a two -year extension beyond the three -year expenditure
limitation; however, an extension may not exceed five years from the date of the
initial funding allocation. Jurisdictions requesting an extension beyond the
three -year limitation must submit a justification letter for review and approval by
OCTA at least 90 days prior to the end of the third fiscal year.
In the event the time limits for use of SMP funds are not satisfied, any retained
SMP funds that were allocated to an eligible jurisdiction, including interest, shall
be returned to OCTA.
5.0 Match Requirements
Participating jurisdictions must provide a minimum 20 percent local match of the
total annual program expenditures. Match funding may be made up of cash
subsidies, fare revenues, donations, or in -kind contributions such as salaries and
benefits for the jurisdiction's employees who perform work on the program.
Jurisdictions may also be required to submit supporting documentation to
substantiate local match expenditures. Jurisdictions are not required to contribute
the minimum match requirement on a monthly basis; however, the minimum 20
percent match requirement must be met by the end of each fiscal year, defined as
June 30.
Jurisdictions not satisfying the annual 20 percent match shall be subject to
withholding of funds from future bi- monthly allocations equal to the difference
between the amount of Measure M funds actually spent and the amount of
Measure M funds actually matched.
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EXHIBIT C
Example:
Total Program Expenditures $100,000
Total M2 Funding Allocation $ 80,000
20% Required Match $ 20,000
Actual Reported Match $ 15,000
Withholding Calculation:
Total M2 Funds Spent $ 80,000
M2 Funding Eligibility Based on Actual Reported Match 60,000
Withholding from Future Allocation(s) $ 20,000
6.0 Service Guidelines
Services provided under the SMP are available to individuals 60 years of age and
older. Jurisdictions have discretion in the types of trips provided within Orange
County, such as trips to /from senior centers, medical appointments, shopping,
personal care, and social /recreational activities. Jurisdictions should use discretion
when providing trips for social /recreational activities when developing their Service
Plan to ensure prudent and appropriate use of taxpayer funds. SMP trips outside
Orange County are restricted to medical trips only within approximately 10 miles
of the Orange County border.
Jurisdictions also have discretion in how the service is operated. Senior
transportation services may be operated using employees, volunteers, or the
jurisdiction may contract with a third -party service contractor. Contractors must be
selected using a competitive procurement process and the jurisdiction must ensure
the contractor is in compliance with program guidelines and provisions included in
the cooperative funding agreement.
Jurisdictions whose program offers subsidized taxi service for seniors must ensure
trips provided with SMP funding are consistent with the trip types as specified in
these guidelines.
Wheelchair accessible vehicles must be available for SMP service.
Jurisdictions will perform, or ensure that a contractor performs, maintenance of all
vehicles used in the Senior Mobility Program. Jurisdictions will ensure that its
operators, or its contracted operators, are properly licensed and trained to
proficiency to perform duties safely, and in a manner which treats its riders with
respect and dignity.
Jurisdictions may receive retired OCTA ACCESS paratransit vehicle(s) to support
their senior transportation program. Additional retired ACCESS vehicles may be
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EXHIBIT C
purchased, based on availability, for a cost equivalent to the refurbishment costs
incurred by OCTA.
7.0 Service Plan Adoption
Participating jurisdictions shall submit to OCTA a SMP Service Plan which defines
program services (Exhibit A). The Service Plan must be submitted using a
template provided by OCTA and must be adopted by the jurisdiction's governing
body and approved by the OCTA Board of Directors. Any deviation from the
adopted SMP Service Plan must be submitted to OCTA in advance for review and
approval and will require an amendment to the cooperative funding agreement
prior to implementing a change in program services.
8.0 Eligible Expenses
Participating jurisdictions shall ensure M2 funds are used for eligible direct
program - related expenses which may include contract service providers, staff
time, vehicle maintenance, fuel, insurance, vehicle acquisition, program supplies
and materials, marketing materials, and community outreach. Jurisdictions shall
ensure all costs are program - related and are fair and reasonable. Administrative
costs up to 10 percent are allowed and considered eligible program expenses. All
program expenses are subject to audit.
No M2 funding shall be used by a jurisdiction for other than transportation purposes
authorized in the M2 Ordinance.
9.0 Program Revenue
Participating jurisdictions must maintain adequate controls for collecting and
reporting program revenue, including donations, fees, and cash fares. Program
revenue must be used to support the transportation service and may be used as
part of the jurisdiction's 20 percent local match requirement.
10.0 Reporting
Participating jurisdictions are required to submit monthly reports using a reporting
template provided by OCTA (Exhibit B). Required monthly reporting data may
include, but is not limited to, the following:
• Number of Trips by Category
• Vehicle Service Hours
• Vehicle Service Miles
41Pa�-e
SATEMP \Sue D \Suopiemental \SNAP- Attachment D.doee
EXHIBIT C
• Program Cost Detail by Expense Category and % of Total Operating Cost
• Fares, Fees and Other Operating Revenue
• Jurisdiction Total Contribution & Source
• Jurisdiction Share as % of Total Operating Cost
• Cumulative Jurisdiction Share to Date
• OCTA Contribution
• OCTA Contribution as % of Total Operating Cost
• Cumulative Contribution Received from OCTA
• Total Monthly Program Operating Cost
• Cumulative Total Program Operating Cost
Jurisdictions shall also be required to maintain supporting documentation to
substantiate reporting data. Supporting documentation may include, but is not
limited to, actual receipts, contractor invoices, trip sheets, payroll, timesheets, fuel
logs, and maintenance records /receipts.
Reports are due by the last day of the following month. A preliminary report may
be submitted; however, submission of a final report is required within 15 days of
the last day of the following month. Failure to meet the established reporting
deadline for two months at any time during the fiscal year may result in future
withholding of funding and /or other sanctions to be determined.
11.0 Audits & Inspection of Records
M2 funding is subject to audit. Jurisdictions shall maintain program documentation
and records for a period of no less than five years. Program documents and
records, including but not limited to payroll, trip sheets, invoices, vehicle
maintenance, fuel, and other program - related expenses, shall be available for
review by OCTA SMP administrators, auditors, and authorized agents upon
request. Jurisdictions must follow established accounting requirements and
applicable laws regarding the use of public funds. Failure to submit to an audit in
a timely manner may result in withholding or loss of future funding. Failure to
comply with the approved Service Plan will require remediation which may include
repayment, reduction in overall allocation, and /or other sanctions to be determined
by the OCTA Board of Directors.
Audits shall be conducted by the OCTA Internal Audit Department, or other
authorized agent, as determined by OCTA.
OCTA's failure to insist in any one or more instances of a jurisdiction's performance
of the provisions set forth in these guidelines shall not be construed as a waiver or
relinquishment of the jurisdiction's obligation to comply with these guidelines.
Moreover, only the OCTA Board of Directors shall have the authority to alter and /or
waive any requirements /obligations set forth in these guidelines.
51 Page
S: \TEM %Sue D \Supplemental \SMP- Attachment B.docx
M Senior Mobility Program
OCTA Monthly Reporting Form
Service for the - Month of: July year of: 2016
Program Name:
Participating Agency:
Agency Contact:
Contact Number:
EXHIBIT D
Up Category,,; _.- _, Y__._.. .-
One -Way Trips
Service 'Hours '
SeMcelMllbi
_ As a%'
_ A12016...
FYTD,,.,.;..
Jul 2016
', FYTD"
- _1u12016
FYTD
Senior Center
-
-
0.0%
$ -
0.0%
Vehicle Maintenance/ Fuel / Insurance
Medical
0.0%
$ -
0.0%
Marketing Outreach
$ -
0.0%
Shopping
-
Administration
$ -
0.0%
$ -
-
Personal Care
-
OCTA Contribution
-
Social / Recreational
-
-
-
-
$
Total
Program Revenue
$ -
0.0 °%
$ -
1 0.0%
Cost Category ' , - _...
_ -_ .. _Cost_
_ As a%'
'Cost
As a%
Service Contract
$ -
0.0%
$ -
0.0%
Drivers / Operators / Dispatchers
$ -
0.0%
$ -
0.0%
Vehicle Maintenance/ Fuel / Insurance
$ -
0.0%
$ -
0.0%
Marketing Outreach
$ -
0.0%
$ -
O.0%
Administration
$ -
0.0%
$ -
0.0%
Total
OCTA Contribution
$ -
0.0 °%
Agency Contribution
$ -
0.0%
$
Program Revenue
$ -
0.0 °%
$ -
1 0.0%
Source(s) of Agency Contributions:
Agency hereby certifies that this report is a true, complete and correct statement of
program revenue, costs and operating data.
Please send this report by email to CTSPROGRAMS @OCTA.NET or by fax to 714 -560 -5927.
If there are any questions, please contact JOANNE JACOBSEN by email at JJACOBSEN @OCTA.NET
or 1P GONZALEZ by email at JGONZALEZI @OCTA.NET.
Attachment "C"
PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
0
[Contractor's Name]
[Contractor's Address]
[Contractor's Phone Number)
This Professional Service Agreement ( "the Agreement ") is made as of
2016 (the "Effective Date "), by and between ( "Contractor'), a
, and the City of Seal Beach ( "City'), a California charter city,
(collectively, "the Parties ").
57296- 0001\1236808vi.doc
RECITALS
A. City desires certain professional services.
B. Contractor represents that it is qualified and able to provide City with such
services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
AGREEMENT
1.0 Scope of Services
1.1. Contractor shall provide those services ( "Services ") set forth in the
attached Exhibit A, which is hereby incorporated by this reference. To the extent
that there is any conflict between Exhibit A and this Agreement, this Agreement
shall control.
1.2. Contractor shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Contractor shall comply with all
applicable provisions of federal, state, and local law.
1.4. Contractor will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manger may authorize extra work to fund
unforeseen conditions up to the amount approved at the time of award by the
City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall
continue for a term of _ years unless previously terminated as provided by this
Agreement.
3.0 Contractor's Compensation
City will pay Contractor in accordance with the hourly rates shown on the fee
schedule set forth in Exhibit _ for Services but in no event will the City pay more
than $ . Any additional work authorized by the City pursuant to
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Section 1.4 will be compensated in accordance with the fee schedule set forth in
Exhibit
4.0 Method of Payment
4.1. Contractor shall submit to City monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. City will pay Contractor within 30 days of receiving
Contractor's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Contractor.
4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's
agents or representatives to inspect at Contractor's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Contractor in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Contractor based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Contractor if Contractor fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. is the Contractor's primary
representative for purposes of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
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in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: City of Seal Beach
211 8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor:
Attn:
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Contractor is an independent contractor and not an employee of the
City. All services provided pursuant to this Agreement shall be performed by
Contractor or under its supervision. Contractor will determine the means,
methods, and details of performing the services. Any additional personnel
performing services under this Agreement on behalf of Contractor shall also not
be employees of City and shall at all times be under Contractor's exclusive
direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Contractor shall be responsible for
all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
8.2. Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Contractor's personnel practices. City shall have the right to offset against
the amount of any fees due to Contractor under this Agreement any amount due
to City from Contractor as a result of Contractor's failure to promptly pay to City
any reimbursement or indemnification arising under this Section. Contractor's
defense and indemnification obligations under this Section are in addition to
Contractor's defense and indemnification obligations of Section 12.0.
9.0 Subcontractors
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No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Contractor is fully responsible to City for the performance of
any and all subcontractors.
10.0 Assignment
Contractor shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
11.0 Insurance
11.1. Contractor shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Contractor has secured all
insurance required under this Section. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
11.2. Contractor shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto), and, if required by the City, (3) Professional Liability. Contractor
shall maintain limits no less than: (1) General Liability: $1,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; and (2) Automobile Liability: $10,000,000 per accident for bodily
injury and property damage.
11.3. The insurance policies shall contain the following provisions, or
Contractor shall provide endorsements on forms supplied or approved by the City
to state: (1) coverage shall not be suspended, voided, reduced or canceled
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except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City, (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Contractor's scheduled underlying coverage and that
any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Contractor or for which the Contractor is responsible.
11.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Contractor guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
12.1 Indemnification for Professional Services. In connection with
Contractor's professional services, and to the fullest extent permitted by law,
Contractor shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role
of city officials (collectively "Indemnitees ") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, of any nature whatsoever, including without limitation the
payment of all consequently damages and attorneys' fees and other related costs
and expenses, to property or persons, including personal injury, bodily injury,
wrongful death, or property damage, in any manner arising out of or related to, in
whole or in part, to any acts or omissions of Contractor, its officers, directors,
employees, or its agents or servants (or any entity or individual for whom
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Contractor shall bear legal liability) in connection with the performance of this
Agreement, including the Indemnitees' active or passive negligence, except to
the extent such loss or damage arises from the sole negligence or willful
misconduct of the City , as determined by final arbitration or court decision or by
the agreement of the parties. With respect to any and all such aforesaid suits,
actions, or other legal proceedings of every kind that may be brought or instituted
against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own
cost, expense, and risk, and shall pay and satisfy any judgment, award, or
decree that may be rendered against Indemnitees. Contractor shall reimburse
City and its directors, officials, officers, employees, agents and /or volunteers, for
any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor, the City, its directors, officials, officers, employees, agents or
volunteers. All duties of Contractor under this Section shall survive termination of
this Agreement.
12.2 Indemnification for Other Than Professional Liability. Other than in
the performance of professional services (as provided in Subsection 12.1) and to
the fullest extent permitted by law, Contractor shall defend at its sole cost and
expense, indemnify, and hold the City, its officials, officers, employees,
designated volunteers, agents and independent contractors serving in the role of
City officials (collectively "Indemnitees ") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, of any nature whatsoever, including without limitation the
payment of all consequential damages and attorneys' fees and other related
costs and expenses, to property or persons, including personal injury, bodily
injury, wrongful death, or property damage, in any manner arising out of or
related to, in whole or in part, the acts or omissions of Contractor, its officers,
directors, employees, agents, or servants (or any entity or individual that
Contractor shall bear the legal liability) in connection with the performance of this
Agreement, , including the Indemnitees' active or passive negligence, except to
the extent such loss or damage arises from the sole negligence or willful
misconduct of the City, as determined by final arbitration or court decision or by
the agreement of the parties. With respect to any and all such aforesaid suits,
actions, or other legal proceedings of every kind that may be brought or instituted
against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own
cost, expense, and risk, and shall pay and satisfy any judgment, award, or
decree that may be rendered against Indemnitees. Contractor shall reimburse
City and the other Indemnitees for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein
provided.
12.3 Contractor's defense and indemnification obligations under this
Section 14.0 or any other provision of this Agreement shall not be restricted to
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insurance proceeds, if any, received by Contractor, the City, its directors,
officials, officers, employees, agents or volunteers.
12.4 All duties of Contractor under this Section shall survive termination
of this Agreement..
13.0 Equal Opportunity
Contractor affirmatively represents that it is an equal opportunity employer.
Contractor shall not discriminate against any subcontractor, employee, or
applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination
includes, but is not limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination.
14.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Workers' Compensation or to undertake self- insurance
in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both
parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
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19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a party shall give the other party any
contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Contractor further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Contractor shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Contractor shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Contractor "financially interested" (as provided in California
Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Contractor has been retained.
20.2. Contractor further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor
paid or agreed to pay any person or entity, other than a bona fide employee
working exclusively for Contractor, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any
breach or violation of this warranty, City shall have the right, at its sole and
absolute discretion, to terminate this Agreement without further liability, or to
deduct from any sums payable to Contractor hereunder the full amount or value
of any such fee, commission, percentage or gift.
20.3. Contractor warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Contractor, and that if any such interest comes to the knowledge of
Contractor at any time during the term of this Agreement, Contractor shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest' under
applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
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the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants that he or
she is duly authorized to execute this Agreement on behalf of said Party and that
by his or her execution, the Contractor is formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first
above written.
CITY OF SEAL BEACH CONTRACTOR
In
Jill R. Ingram, City Manager
0
Name:
Attest: Its:
By: By:
Robin L. Roberts, City Clerk
Approved as to Form: Its:
0
Craig A. Steele, City Attorney
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S7296- 0001 \1236808vi.doc
Attachment "D"
REQUEST FOR PROPOSALS (RFP)
FOR
SEAL BEACH
SENIOR TRANSPORTATION SERVICES
Pre - proposal conference: 10:00 a.m. on Tuesday. August 30, 2016
RFP response deadline: 10:00 a.m. on Thursday. September 8. 2016
City of Seal Beach, City Hall
211 - 8th Street
Seal Beach CA 90740
Department of Public Works
2nd Floor
Attn: Cesar Rangel
Associate Engineer
Approved for advertising:
Michael Ho, P.E.
Deputy Director of Public Works /City Engineer
Date Issued: August 9, 2016
TABLE OF CONTENTS
SECTION I ............ ............................... ........................GENERAL INFORMATION
SECTION II ......... ............................... .........................FORMAT AND CONTENTS
SECTION III ...................................................... ............................... DEFINITIONS
SECTION IV ................................ ............................... SERVICE DESCRIPTIONS
SECTION V .................... ............................... ........................SERVICE POLICIES
SECTIONVI ................................................................ ............................... FARES
SECTION VII . ............................... LEVELS OF SERVICE & CONTRACT TERMS
SECTION VIII ............................ ......................OVERSIGHT AND MANAGEMENT
SECTION IX ........................... TRANSPORTATION SERVICE REQUIREMENTS
APPENDICIES
EXHIBIT A — City Map
EXHIBIT B — Proposal Evaluation
EXHIBIT C — Letter of Acceptance
EXHIBIT D — Proposal Checklist
EXHIBIT E — City Contract
EXHIBIT F — Price Proposal
Request for Proposal Senior Transportation Services
DEPARTMENT OF PUBLIC WORKS
GENERAL INFORMATION
City of Seal Beach
The City of Seal Beach is inviting proposals from qualified Contractor to operate a
paratransit service for Seal Beach residents age 60 and older and persons with
disabilities.
General Responsibilities
The selected Contractor shall provide for all management, personnel, reservations and
scheduling, dispatching, operations, insurance, record keeping and reporting,
equipment and service, for operation of Seal Beach Senior Transportation Services.
Two service vehicles will be provided.
Pre - proposal Conference
A mandatory pre - proposal conference is scheduled for 10:00 a.m., Tuesday, August 30,
h
2016 at the Seal Beach City Hall, Council Chambers, 211 8cSt., Seal Beach, CA
90740. All prospective bidders must attend. At this time the City will respond to all
questions and address clarifications relative to the RFP process.
Addenda Clarifications
Any modifications made to this RFP by the City will be made in the form of a written
addendum. No verbal modifications will be made. Modifications will be faxed to the
numbers provided by the prospective bidders at the pre - proposal conference.
Submission of Proposals
Proposals are due to the City Clerks office, 211 8th St., Seal Beach, CA 90740, by 10:00
a.m., Thursday, September 8, 2016. Proposals received after this date and time will
not be accepted.
RFP Process/Timeline
August 30, 2016 10:00 am Mandatory pre - proposal conference
September 1, 2016 10:00 am Deadline to submit written questions to the City
September 8, 2016 10:00 am Deadline: Proposals due to the Department
of Public Works
October 10, 2016
November 2016
Tentative City Council Awards Contract
Begin Program
Requests for Clarification or Interpretation
Requests for clarification or interpretation of any portion of this RFP should be directed
in writing to Cesar Rangel, Public Works Department, and received no later than
September 1, 2016 at 10:00 am. Any addendum to the RFP will be faxed to all
prospective bidders to the fax numbers identified at the pre - proposal conference.
SEAL BEACH SENIOR TRANSPORATION RFP
Page 1 of 25
DEPARTMENT OF PUBLIC WORKS City of Seal Beach
Pre - Contractual Expenses
Expenses incurred as a result of completing this RFP are not to be included in
computing the hourly cost of service. Expenses incurred prior to contract award are the
sole responsibility of the proposing agency.
Award
The City reserves the right to at any time accept or reject any and or all proposals
received as a result of this RFP process or as a result of unanticipated loss of funding.
II. FORMAT AND CONTENTS
All submittals should be provided in an 8' /z" x 11" format and exclusive of any
promotional materials. Pages should be sequentially numbered and organized with a
table of contents for ease of reference.
Submittals should at a minimum address the needs of the City as outlined in this RFP
and attached exhibits and demonstrate an understanding of the proposed services in a
manner which is conducive to the areas of evaluation as identified in Exhibit "B"
attached. Exhibits "C', "D ", and "F" shall be returned with the proposal.
A disclosure of all personal, professional or financial relationships with any officer or
employee of the City.
III. DEFINITIONS
As used throughout the Scope of Work, Exhibits and Attachments, the following terms
shall have the meanings set forth below:
Advanced Reservation
Describes the process of requesting trips and receiving trip confirmation prior to
the day service is requested.
Americans with Disabilities Act of 1990 (ADA)
Federal civil rights legislation which mandates accessibility for people with
disabilities.
Contractor
Contractor shall signify vendor selected and under contract with the City to
provide transportation services.
Curb to Curb Service
SEAL BEACH SENIOR TRANSPORATION RFP
Page 2 of 25
DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
A type of service where, on both the origin and destination end of the trip, the
driver gets out of the vehicle and assists the passenger between the vehicle and
a sidewalk.
Door -to -Door Service
A type of service where, on both the origin and destination end of the trip, the
driver gets out of the vehicle and meets /escorts the passenger to the door of the
main lobby, residence, or building. The driver is responsible for assisting the
passenger throughout the trip. Drivers are not allowed to enter a residence and
must keep the vehicle in sight at all times.
Dwell Time
The amount of time at each pickup or drop off time, includes time which is built
into the schedule and time otherwise required for boarding or alighting
passengers.
Fare Revenue
Cash fares received from passengers and retained by the Contractor for eventual
distribution to the City.
Holidays
The official City holidays are: New Year's Day, Memorial Day; Independence
Day; Labor Day; Thanksgiving Day; and Christmas Day. The City is requesting
proposals that exclude service on the above holiday's.
Missed Trip
Any scheduled trip on which the vehicle arrives more than 30 minutes after the
scheduled pick up time or does not arrive at all.
No -Show
A scheduled passenger who does not appear at the designated location for
vehicle boarding within 5 minutes of an on -time vehicle arrival or calls the
Contractor to cancel the trip after 5:30 p.m. the day before the trip.
On -Time Pickup
A vehicle shall be on -time if it arrives at the designated pickup location no more
than 5 minutes prior to the scheduled pickup time or no more than 15 minutes
after that time.
SEAL BEACH SENIOR TRANSPORATION RFP
Page 3 of 25
DEPARTMENT OF PUBLIC WORKS City of Seal Beach
Service Area
The geographic area for which transportation services are to be provided.
Specific destinations located outside of the service area but pre- approved by the
City.
Vehicle Service Hour
A Vehicle Service Hour shall be defined as any sixty minute increment of time a
vehicle is available for passenger transport within the Contractor's established
hours of service. A vehicle is available for passenger transport from the time it
arrives at its first pick -up address and ends when it has completed its last
passenger drop -off and is released from service by the dispatcher, excluding any
meal breaks, service breaks, mechanical breakdowns and time a vehicle is down
due to an accident. If the first scheduled pick -up is a no -show, the vehicle arrival
time shall still be used for computation of vehicle service hours, however, this
rule shall not apply to late trip cancellations. Vehicle service hours are sometimes
known as revenue service hours.
IV. SERVICE DESCRIPTIONS
The Seal Beach Senior Transportation Program ( "Program ") operates five days a
week (holidays not included) includes Dial -A -Ride, Shopper Shuttle and Senior
Nutrition Program.
The Dial -A -Ride transports for free, any Seal Beach senior 60 and over to any
location within Seal Beach city limit and any doctor visit within a three mile radius
of the Seal Beach city limit through reservations. The Shopper Shuttle is a free,
fixed route shuttle that circulates within Leisure World to the Shops of Rossmoor
and Target Center (Monday through Wednesday). Additionally, on Thursday's
only, the Shopper Shuttle circulates between Leisure World and the Old Town
Area.
The Dial -A -Ride Program averages about 700 trips per month. The trips have a
variety of destinations ranging from shopping centers, medical visits or to the
Pier. Of the 700 monthly trips about 100 trips are made outside the city limit for
medical visits.
The Senior Nutrition Program ( SENIORSERVE) currently provides transportation
services to the North Seal Beach Community Center for congregate meals,
(Monday through Friday from 8:00 a.m. to 2:00 p.m.). SENIORSERVE consists
of picking -up and dropping -off seniors to and from their home to the North Seal
Beach Community Center, with the exception of Leisure World which has an
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
agreed upon route. On average, the SENIORSERVE serves about 600 meals
and 40 -50 daily participants.
Transportation for participants of the current nutrition program however is only
one component of the desired expanded program. Expanding upon these
services, the City desires to provide transportation services for all resident
seniors and individuals with disabilities.
Below is a breakout of the eligible senior population based upon available census
data and an average number of participants in the SENIOR SERVE nutrition
program. The eligible disabled population is not known at this time.
Current Senior Population: SENIOR SERVE Nutrition Participants:
12,058 110 -140 Participants per year.
The proposed service will be made available Monday through Friday from 8:00
a.m. to 5:30 p.m., excluding weekends and Holidays. Advanced trip reservations
will be required at least 24 hours in advance of the requested trip time.
V. SERVICE POLICIES
The following service policies will be followed in the provision of Transportation
services:
Curb -to -Curb Service
Service is curb to curb. Drivers must get out of the vehicle and assist the
passenger between the vehicle and a sidewalk or other waiting area no more
than 15 feet from the vehicle. The driver must ask the passenger if he /she
desires assistance. If the passenger desires assistance, the driver may assist the
passenger.
Optional Door -to -Door Service
Door -to -Door service is available by request for riders who need additional
assistance. Door -to -Door service cannot be provided for those individuals whose
pick -up or drop -off locations would cause the driver to lose sight of the vehicle or
where the assistance by the driver may harm the individual, driver or both.
Drivers may never enter a customer's residence. Door to door service may
require an additional charge depending upon completion of contract negotiations.
Dwell Time
Maximum dwell time shall not exceed 5 minutes except in those cases where
drivers must wait before loading /unloading passengers.
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DEPARTMENT OF PUBLIC WORKS City of Seal Beach
No -Shows
A "no- show" occurs when a passenger misses a scheduled trip without canceling
by 5:30 pm the day prior to the trip or when a care provider or representative is
required to receive the customer at the point of destination, but the care provider
or Contractor representative is not present when the customer arrives. The City's
No -Show Policy clarifies the requirements for trip cancellations and establishes a
system of monitoring of no -shows and progressive warnings and penalties which
will be imposed against customers who exhibit a pattern or practice of no-
showing scheduled trips. Customers with more than 3 no -shows in a year may
become ineligible to continue use of the service.
Service Area
The service area for the transportation service encompasses all addresses within
the Seal Beach city - limits, satellite locations as previously defined and 3 miles
radius outside of city- limits. A street map with City boundaries outlined in red is
attached as Exhibit "A ".
VI. FARES
The City does not anticipate charging any fares.
VII. LEVELS OF SERVICE & CONTRACT TERMS
Term of the Contract
Service shall be initiated under this contract during the month of November 2016
and shall run through three years and maybe extended an additional two years
unless otherwise terminated pursuant to terms of the Agreement between the
City and the Contractor for example, but not limited to, reasons of performance or
unanticipated loss of funding. This agreement may also be terminated by the City
upon thirty (30) days written notice to the Contractor.
Prevailing wages are required on this contract. The Director of the California
Department of Industrial Relations determine the general prevailing wage rates.
Obtain the wage rates at the DIR web site, http: / /www.dir.ca.gov, or from the
Department's Labor Compliance Office of the district in which the work is located.
Vehicle Service Hours
The bus should be operated within the hours of 8:00 a.m. and 5:30 p.m. as
determined by the vehicle service hours available based upon the price
submitted. The budget can not be increased and if requested are made for after
hours service, they will be denied or scheduled the next day. The City will
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
entertain other options within the budget as described in Task 4 Back -up and
Overflow Service.
The following service levels are projected for Transportation services during the
term of this contract and are to be used by all proposers for purposes of costing.
Actual service levels may be adjusted either up or down by the City. Service
level hours may increase or include an additional bus if the City is able to secure
additional funding from Local Merchants.
Period 1: 11/01/16 - 06/30/17:
Period 2: 07/01/17- 06/30/18:
Period 3: 07/01/18- 06/30/19:
Payment
3,000 vehicle service hours (VSH)
4,200 vehicle service hours (VSH)
4,200 vehicle service hours (VSH)
Pursuant to the terms of the Agreement between the City and the Contractor, on
or before the 10th day of each month the Contractor shall submit an invoice to
the City, itemizing the Contractor's full and complete costs for the period and
showing the revenues retained from fare proceeds. This monthly invoice must
be accompanied by a Monthly Operating Report as detailed in this Scope of
Work as backup for the invoice (See Task 6, Data Collection /Reporting).
Although not necessary with the monthly invoices at this time, the City reserves
the right to request the contractor's itemized full and complete costs for the
period at no additional cost to the City.
Customer Relations
The Contractor shall participate in on -going customer relations efforts as
coordinated by the City. The Contractor shall attend meetings as requested by
the City to address customer concerns /inquiries for improved customer relations.
Occasionally, the City may ask the Contractor to provide service for and
participate in promotional or community service activities.
VIII. OVERSIGHT AND MANAGEMENT
Day to Day oversight of Contractor operation pursuant to this procurement will be
managed by the City's Public Works Department. The Public Works Department will
designate a Project Manager responsible to coordinate any activities pursuant to this
project.
IX. TRANSPORTATION SERVICE REQUIREMENTS
The following pages describe in detail the tasks required by this project. All proposals
should include information as to the firm's ability to fulfill the task requirements in these
task areas:
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
Task 1
Staff Requirements and Policies
Task 2
Training and Safety Programs
Task 3
Reservations, Scheduling and Dispatch
Task 4
Vehicle Operations
Task 5
Performance Standards - Management & Operations
Task 6
Data Collection /Reporting
Task 7
Vehicle Maintenance Services
Task 1: Staff Requirements and Policies
A. Staff Requirements
Contractor shall provide the necessary management and administrative
personnel whose expertise will ensure efficient operation of Transportation
Services. The City recognizes that a high quality operation begins with key
personnel. Therefore, a minimum level of required staffing is described below.
1. Project Manager
The Project Manager, will be the person in charge of all management and
day -to -day operations of the Contractor. The Project Manager must
maintain consistent and sufficient contact and communications with the
City through the Public Works Department.
2. Reservations, Scheduling and Dispatch Staff
Contractor shall provide the necessary staff to ensure efficient and timely
administration of reservations, scheduling and dispatch of Transportation
service trips in accordance with the service schedules and policies set
forth by the City. At a minimum, these staff will have the following
responsibilities:
a) Reservations
• Handle telephone requests and inquiries so as to maximize
customer service, giving timely, accurate and courteous
service;
• Carry out trip reservation activities in a manner which will
maximize productivity; and
• Ensure that the City's policies and procedures are followed.
b) Scheduling
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
• Manage City Transportation services in accordance with City
policies and procedures. Receive, approve and process
requests for service.
• Review and refine daily trip itineraries. Using maps and
software, assess distances and routing to ensure efficient
travel patterns. Initiate client call backs regarding
discrepancies and /or schedule changes;
• Administer and enforce the City's cancellation and no -show
policies, including processing cancellations, tracking
passenger no- shows, mailing letters and making phone
calls.
c) Dispatching
• Schedule and assign drivers and vehicles in accordance with
the service hour schedules and scheduled trips for each day;
• Assist drivers while they are in service to carry out the
assigned trips on -time, providing address assistance and
telephoning passengers as needed,
• Monitor the performance of scheduled trips, reassigning trips
and /or adjusting the number of vehicles in service as needed
to ensure on -time performance in the most efficient manner;
and
3. Drivers
Drivers must meet the following standards.
• Drivers must be legally licensed to operate a bus in the State of
California as well as maintain any other licenses or certificates required
by applicable federal, state, or local regulations.
• Drivers must be in good standing with the DMV.
• Drivers must be able to speak, understand, and read English
adequately.
• Drivers are required to treat all passengers with respect and courtesy.
1. Dress and Appearance Standard
Contractor shall provide a uniform to be worn by all drivers when operating
a vehicle in City service which will convey a professional image.
It is the Contractor's responsibility to see that driver's uniforms remain in
good repair, and do not appear old or worn out. Uniforms that are not in
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
good repair must be replaced. The City may require all drivers to have
new uniforms upon awarding a new contract.
2. Personnel Policies
• The Contractor shall have in effect personnel policies that conform to
all state and federal laws including, but not limited to, all regulations
concerning Equal Employment Opportunities, FTA Drug and Alcohol
Regulations, Compensation, Worker's Compensation, and other
regulations as appropriate,
• The Contractor shall maintain at all times a current list of personnel
assigned to the City's contract and provide the City's Project Manager
with an updated roster of all drivers each month;
• Purchasing or consuming illegal substances or alcoholic beverages
while in uniform shall not be allowed. It shall be Contractor's
responsibility to terminate any employee observed doing so.
• The City promotes and supports a smoke free work environment.
There is no smoking allowed on vehicles used to provide the City's
transportation service.
• The City retains the right to review Contractor's personnel policies and
the list of personnel assigned to the City's contract.
3. Removal of Drivers
The City may require that any driver be removed from transporting City
customers for excessive complaints, rudeness, or other inappropriate
behavior or appearance.
Any driver receiving three or more valid customer complaints within a
rolling 30 -day period will be subject to a thirty (30) day probation period.
The City will notify the Contractor, in writing, of any driver determined
unsuitable. Within ten days of receipt of such notice, Contractor shall, at
its sole discretion, either propose to replace the driver or present to the
City a plan for correcting the driver's performance deficiencies. If either
the City rejects the plan or the driver's performance deficiencies are not
corrected to the City's satisfaction within the 30 -day plan period, the
Contractor shall immediately replace the driver.
4. Driver Feedback
Since drivers are the first line out in the field, driver feedback about
schedules, customer needs, vehicle maintenance and working conditions
is imperative. The Contractor must have on -going mechanisms, including
monthly driver meetings to capitalize on driver feedback. The City shall be
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DEPARTMENT OF PUBLIC WORKS
allowed to participate in monthly driver meetings.
Task 2: Training and Safety Programs
A. State and Federal Regulations
1. Motor Vehicle Codes
City of Seal Beach
All Contractors are to comply fully with Local, State and Federal vehicle
code regulations pertaining to the licensing and operations of vehicles.
2. Drug and Alcohol Testing
The Contractor shall comply with all local, state and federal requirements
for maintaining a drug free work place and all applicable local, state and
federal drug testing regulations.
3. California OSHA
Contractor shall comply with all California OSHA requirements.
Task 3: Reservations, Scheduling and Dispatch
A. Transportation Service Scheduling
Contractor shall provide qualified and trained personnel to answer and properly
respond to all telephone, facsimile and TDD calls for trip reservations,
cancellations, ride check status, service inquiries, and general information
requests.
Scheduling is to be based upon 24 hour advanced reservations. Same day pick-
up can be provided based upon available space but not guaranteed. Participants
are to be able to make reservations via a toll free "800" service or other non -toll
method.
Reservations staff shall at a minimum be on -duty during the hours of 7:00 am to
6:00 pm on weekdays. Cancellations can also be taken by voice mail.
Cancellations received during the weekend for a Monday ride must be processed
to avoid unnecessary no -show activity on Monday.
B. Dispatching
Contractor shall provide qualified and trained personnel to: schedule and assign
drivers and vehicles in accordance with the service hour schedules and
scheduled trips for each day; assist drivers while they are in service to carry out
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
the assigned trips on -time, providing address assistance and telephoning
passengers as needed; monitor the performance of scheduled trips, reassigning
trips and /or adjusting the number of vehicles in service as needed to ensure on-
time performance in the most efficient manner; and ensure that unanticipated
service demands, passenger and vehicle accidents, other events and general
service delivery are handled appropriately.
Dispatching staff are to be available between the hours of 7:30 am and 6:00 pm
Monday — Friday, excluding weekends and holidays.
Dispatch staff will also ensure that the City's policy of "No stranded passengers"
is achieved.
Task 4: Vehicle Operations
A. Service Schedules
The City and Contractor shall jointly revise and refine the service levels based on
actual service demand to maximize service efficiency within the parameters
specified by City policies.
In the event that major changes, increase or decreases, are required from the
service levels specified by the City, in most cases the City will give the Contractor
at least 5 working days to respond to major changes requiring more drivers or
major adjustments to work shifts. As little as 24 hours notice may be given to
respond to minor adjustments.
Major changes will be given in writing by the City's Project Manager. Minor
adjustments, depending on the time frame allowed, may be given verbally and
then confirmed by a written memo.
The Contractor shall not supply vehicle service hours when they are not
approved by the City's Project Manager; such hours will not be paid for by the
City unless pre- approved.
B. Driver Trip Sheets
Drivers shall maintain a detailed log of trips completed in order for the City to
track changes in service levels and needs.
C. Vehicles
The City will provide the Contractor tow 1997 Ford — Power Stroke Diesel, 17
passenger refurbished wheelchair accessible van. Vehicle will be delivered in
good working order and will have been fully serviced prior to delivery including
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
new tires and brakes. The City will replace the vehicle every three years. No
communication radio will be provided with the vehicle.
D. Back -Up and Overflow Service
In an effort to reduce the number of unmet transportation needs and to increase
the overall efficiency of service delivery, Contractors are encouraged to propose
the use of supplemental sedan and taxicab services or other innovative practices
to supplement regular transportation services. Costs for these services are to be
identified in Exhibit "F ".
E. Vehicle Storage
The vehicle shall be stored at the Contractors yard. The Contractor's yard shall
not be more than 40 miles away from the City of Seal Beach.
Task 5: Performance Standards- Management & Operations
Contractor shall strive at all times to provide service in a manner which will maximize
productivity and at the same time maximize customer service.
Assessment of Penalties
For the initial 90 days of operations under this contract, City and Contractor will
monitor performance of Contractor against the following performance measures
to ensure that standards have been established which are appropriate and fair.
During this period no incentives or penalties will be assessed.
Before assessing penalties, the City will use the following procedure:
The City will notify the Contractor of its intent to assess a penalty
2. The Contractor will be given an opportunity to demonstrate that the failure
could not reasonably have been prevented by the Contractor. Failures
caused by actions of City staff, natural disasters, or extreme and unusual
weather or traffic conditions will be considered not preventable. Any such
claim must be supported by adequate documentation in the Contractor's
daily Dispatcher Log.
3. If the City determines that the failure was not preventable, then the penalty
will be waived.
The City's decision to waive the assessment of any penalty will in no way affect
the City's right to assess a penalty for a similar failure in the future and will in no
way affect the Contractor's obligation to meet the associated performance
standard.
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
Continued nonperformance of Contractor and /or serious violation of service
standards may result in assessment of penalties up to and including termination
of contract.
Annual Review of Standards
The City may from time to time review the standards established for the
Transportation services to ensure that those standards remain appropriate. In
consultation with Contractor, the City may, at its discretion, adjust standards, and
penalties to ensure and encourage increased efficiency and improved
performance of services.
TRANSPORTATION PENALTIES
Standard
Penalty
Productivity: 5.0
1% reduction to hourly rate
passengers per vehicle
for each 0.1 passengers per
service hour
hour below standard.
Complaints:
$500 for each valid complaint
No more than 5 valid
over 5 per month.
complaints per month.
On -time performance:
$500 for each percentage
Arrive for 95% of reserved
point below 95% on -time.
trips within 5 minutes
before to 15 minutes after
promised time.
Missed trips:
$500 per missed trip over
Maximum one per month.
one.
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DEPARTMENT OF PUBLIC WORKS
Standard
Penalty
Accident reporting:
$500 per accident not
Report all within 24 hours.
reported.
Reports (other than
$100 per day for late monthly
accident reports)
report.
$100 per incident for required
report not completed.
Vehicle Cleanliness
$100 /Day for vehicles not
meeting cleanliness
standards when placed into
service.
Task 6: Data Collection /Reporting
1. Dispatch Log
City of Seal Beach
Contractor dispatch staff will create and maintain a Dispatch Log for each day that
Transportation services are operated which records the basic services provided on that
day and, particularly, any and all accidents, incidents, road calls and other unforeseen
events which occur and any response taken.
On a monthly basis, Contractor shall provide the City's Project Manager with an
electronic copy of all Dispatch Logs for that month in a format which is compatible with
the City's software.
2. Accident Reporting and Follow Up
Contractor shall notify the City within 24 hours of any of the following accident/incidents:
• Collisions between a vehicle and another vehicle, person or object.
Passenger accidents, including falls to vehicle passengers who are entering,
occupying or exiting the vehicle.
• Disturbances, ejectment, fainting, sickness, deaths or assaults.
Accidents the driver witnesses.
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DEPARTMENT OF PUBLIC WORKS City of Seal Beach
Passenger complaints of injury or property or other circumstances likely to result in
the filing of claims against the Contractor or City.
• Any passenger, driver and service complaint that arises from an accident.
The Contractor should ensure proper follow up on any accidents or incidents, where
appropriate, to ensure that any unresolved safety hazards or liability issues are
addressed. Copies of reports prepared for any of the above must go to the City's
Project Manager and also to the City's Risk Manager.
3. Daily and Monthly Operations Reporting
On a monthly basis, Contractor shall prepare a Monthly Operating Report which shall be
submitted to the City with the monthly invoice on or before the 10th business day of the
following month. The Monthly Operating Report shall include, at a minimum, the
following data:
Operating Data: Vehicle Service Hours
Total Passengers
No -Shows
Canceled Trips
Missed Trips
Fare Revenue Received (when collected)
Telecommunications: Calls accepted
Calls answered
Average wait time for answered calls
Maximum wait time for answered calls
Average call length
Average number of agents on duty
Additionally, the Monthly Operating Report will be accompanied by an electronic copy of
the Dispatch Logs for the month just completed as well as the revenue collected from
fare proceeds.
All data collected by the Contractor shall be available upon request for audit and
inspection by the City. Failure to provide data and information upon request may result
in penalties as described in the performance standards sections.
4. Accounting
All service costs incurred in the performance of this Agreement shall be recorded in an
account separate from those used for other business activities of the Contractor and
shall be available for inspection or audit during normal business hours upon City
request.
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DEPARTMENT OF PUBLIC WORKS
5. Invoices and Billing
City of Seal Beach
All relevant back -up documentation, including monthly operations summaries, must be
included with invoice. Invoices shall be submitted to the City Project Manager within ten
(10) calendar days of the close of the billing cycle.
Prevailing wages are required on this contract. The Director of the California
Department of Industrial Relations determine the general prevailing wage rates. Obtain
the wage rates at the DIR web site, http: / /www.dir.ca.gov, or from the Department's
Labor Compliance Office of the district in which the work is located.
Task 7: Vehicle Maintenance Services
A. Vehicle Maintenance
1. Vehicle maintenance shall be provided by and the sole expense of the
Contractor. The City reserves the right to inspect the vehicles at any time for
vehicle cleanliness or other maintenance needs.
Through an approved Preventive Maintenance program, the Contractor shall
cause all components of each bus, including its body, frame, furnishing,
mechanical, electric, hydraulic or other operating systems to be maintained in
proper working condition free from damage and malfunction. Any significant bus
damage caused in any accident or otherwise shall require the Contractor to
immediately repair such damage, which is determined to impair safe mechanical
operation of the bus. No bus shall be operated in revenue service that has body,
paint, or interior damage unless special permission has been granted by the
CITIES due to extraordinary circumstances. In no event shall the CITIES be
required to repair, replace, or maintain any bus. The Contractor, at its sole cost
and expense, shall maintain stores of and provide electricity, lubricants, repairs,
parts, decals, and supplies required for the maintenance and operation of all
buses utilized in providing the Contract Services.
B. Vehicle Cleanliness, Aesthetics Requirements
1. To facilitate customer service and improve vehicle life, it is imperative vehicles
remain clean and free from body damage (other than minor scratches). If
vehicles are inspected by City staff and found not in compliance with vehicle
cleanliness /aesthetic requirements, written notice will be served. Vehicles not
brought up to standard within 30 days may be subject to specified penalties.
a. Daily Vehicle Cleanliness Standards
Vehicle cleaning will be done on a daily basis in a manner which maintains
cleanliness via the following guidelines:
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
Clean inside of all windows, removing all dust, fingerprints
and head prints.
2. Remove all dust from seats, dashboards, wheel wells, rails,
ledges.
3. Sweep all floor areas; mop all liquid spills.
4. Ensure bus is free of all paper, gum and debris, etc.
S. Repair all damaged seats.
6. Daily removal /repair of graffiti.
b. Monthly Maior Cleaning Standards
At minimum, every 30 days the interior of the vehicle will receive a
complete, major cleaning which shall be documented in writing listing the
coach number and date of major cleaning. This documentation shall be
submitted to the City's Project Manager.
The monthly major cleaning shall consist of all the items included in daily cleaning
standards as well as:
1. Clean the ceiling, sidewalls, windows, ledges and dash.
2. Clean all seats.
3. Mop the floor; remove all gum and apply light coat of non-
skid wax, after stripping old wax from the floor.
C. Preventive Maintenance /Maintenance Repair Procedures
Contractor shall maintain maintenance records which shall be made available to
the City's Project Manager at all times. Contractor shall be responsible for all
costs of preventive and regular maintenance to City- supplied vehicles.
Contractor shall strive at all times to provide vehicle maintenance services in a
manner which will maximize program efficiency, vehicle reliability and operating
safety.
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DEPARTMENT OF PUBLIC WORKS
EXHIBIT "A" — City Map
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City of Seal Beach
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
EXHIBIT "B" — Proposal Evaluation
Criteria
Points
Completeness of RFP submittal
20
References/Quality of Service
20
Cost Effectiveness BID
50
Facilities Inspections
10
Total
100 Points
Completeness of RFP Submittal
RFP submittals will be evaluated based upon their completion of all of the requested
information contained in the text of the RFP and all attached exhibits. This should also
include the company's portfolio, financial standing and insurance and bonding
capability. (20 Points)
References /Quality of Service
All agencies submitting a response to this RFP are required to submit three (3) written
references from current clients utilizing the agency's transportation services. At a
minimum these references should include a statement from the referring agency that
demonstrates the ability of the proposing agency to provide services to the Seal Beach
senior community. The reference submittals should also identify a contact through
which the City can conduct a telephone inquiry into the proposing agency's ability to
provide transportation services. (20 Points)
Cost Effectiveness
Cost effectiveness will be weighted based upon the agency's ability to provide a cost
effective program as demonstrated in Exhibit " F" of the RFP. (50 Points)
Facilities Inspections
Based upon the scoring of the first three criteria, the City will invite the top two
candidates to participate in a facility inspection process. Inspections will be conducted
at the proposing agency's facilities where the Seal Beach service is intended to
originate. Inspection of vehicles, dispatch centers, administrative operations and other
facilities will be conducted in order to gain a better understanding of the physical plant
that will be used to conduct Seal Beach senior transportation services (10 Points).
Pending this final selection criteria, the City will formulate its recommendation for bid
award.
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DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
EXHIBIT "C" — Letter of Acceptance
Proposer Name:
Mr. Michael Ho, P.E.
Deputy Director of Public Works /City Engineer
City of Seal Beach (562) 431 -2527 ext 1312
211 8`" Street (562) 430 -8763 fax
Seal Beach, CA 90740
In response to the Request for Proposal, for City of Seal Beach Transportation
Services, we, the undersigned, hereby declare that we have carefully read and
examined the RFP documents, and hereby propose to perform and complete the
work as required.
We, the undersigned, agree to supply the Scope of Work at the costs indicated in
our cost proposal if our Proposal is accepted within (90) days from the date
specified in the proposal.
Prevailing wages are required on this contract. The Director of the California
Department of Industrial Relations determine the general prevailing wage rates.
Obtain the wage rates at the DIR web site, http: / /www.dir.ca.gov, or from the
Department's Labor Compliance Office of the district in which the work is located.
If awarded a Contract, the undersigned agrees to execute a Contract which will
be prepared by the City for execution, within 10 calendar days following
notification of award, and will deliver to the City prior to the commencement of
Scope of Work the necessary original Certificates of Insurance.
The undersigned acknowledges receipt, understanding and full consideration of
the following Addenda to the RFP Documents (if applicable):
Addenda
Proposer represents that the following person is authorized to negotiate on its
behalf with the City in conjunction with this RFP:
Name Title Phone
The undersigned certifies that it has examined and is fully familiar with all of the
provisions of the RFP documents and is satisfied that they are accurate; that it
SEAL BEACH SENIOR TRANSPORATION RFP
Page 21 of 25
DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
has carefully checked all the words and figures and all statements made in the
proposal requirements; that it has satisfied itself with respect to other matters
pertaining to the proposal which may in any way affect the work or cost thereof.
The undersigned hereby agrees that the City will not be responsible for any
errors or omissions in these RFP Documents.
Ll'
Signature
Type or Print Name
Title
Business Address
City, State, & Zip Code
Telephone Number
Fax Number
SEAL BEACH SENIOR TRANSPORATION RFP
Page 22 of 25
DEPARTMENT OF PUBLIC WORKS
City of Seal Beach
EXHIBIT "D" — Proposal Checklist
Explain in detail any NO answers. Attach additional pages to the form if necessary.
SEAL BEACH SENIOR TRANSPORATION RFP
Page 23 of 25
Yes
No
Have you completed and enclosed the letter of acceptance (Exhibit "C ")?
Have you included in your response an hourly service rate for each vehicle
service hour of service?
Have you completed the price proposal worksheet (Exhibit "F ")?
Have you submitted a response that can be adequately evaluated using the
criteria in Exhibit "B "?
Have you provided 3 written references from current clients per Exhibit "B "?
Can your company perform the transportation services in a manner which is
consistent with the requirements established in this RFP?
Can your company comply with the standard City contract as attached in
Exhibit "E "?
Is your operations facility located in the Seal Beach area?
Does your company own all of the vehicles it operates?
Is your operations facility subject to annual CHP inspection?
Are your operations vehicles subject to annual CHP inspection?
Does your company currently carry out customer service surveys?
Can your company provide a designated Project Manager assigned to the City
of Seal Beach?
Do you require all drivers to be legally licensed to operate a bus in the state of
California?
Do you require all drivers to be in good standing with the DMV.
Do you conduct mandatory drug testing with drivers and staff employed by
our company on a periodic basis?
Do you conduct routine driver training and safety programs to ensure drivers
com I y with all local, state and federal vehicle codes?
Do you require all drivers to speak fluent English?
Do you require drivers to maintain appearance standards as identified in the
text of the RFP?
Can your company perform the required vehicle maintenance as described in
the RFP?
Can your company perform the required vehicle cleanliness guidelines as
described in the RFP?
A disclosure of all personal, professional or financial relationships with any
officer or employee of the City is stated in the RFP?
Can your company maintain the month operations and accounting reporting
criteria as described in the RFP?
SEAL BEACH SENIOR TRANSPORATION RFP
Page 23 of 25
DEPARTMENT OF PUBLIC WORKS
EXHIBIT "E" —
City Contract
SEAL BEACH SENIOR TRANSPORATION RFP
Page 24 of 25
City of Seal Beach
DEPARTMENT OF PUBLIC WORKS
EXHIBIT "F" - Price Proposal
City of Seal Beach
COST CATEGORY
Period 1
(1111/16- 06/30117)
Period 2
(711/17-6/30118)
Period 3
(7/1118- W30119)
ADMINISTRATIVE COSTS
1. Management Wages
2. Fringe Benefits
3. Worker's Compensation
4. Liability Insurance
5. Other Use Additional Sheets
OPERATING COSTS
6. Supervisor Wages
7. Drivers Wages
8. Dispatcher Wages
9. Fringe Benefits
10. Uniforms
11. Training
12. Licenses
13. Other Use Additional Sheets
MAINTENANCE COSTS
14. Mechanic Wages
15. Mechanic Fringes
16. Training
17. Parts/Supplies/Tires
18. Shop Materials
19. Building/Shop Building/Shop Maintenance
20. Towing
21. Other Use Additional Sheets
OTHER EXPENSES
22. Start-up Costs
23. City & Other Fees or Taxes
24. Capital Costs - Specify
25. Other Costs - Specify
26. Utilities
27. Overhead
28. Profit
29. Total Costs (Sum of Numbers 1
through 28
30. Vehicle Service Hours
Est. 3,000
Est. 4,200
Est. 4,200
31. Hourly Rate ( #29 divided by #30)
Annual increases will w erc Me w.81 CPI a 2%, whi ev bwest, in New
orluture rs.
ADDITIONAL HOURLY RATES
32. Sedan/Taxi (per-trip-rate)
Prevailing wages are required on this contract.
SEAL BEACH SENIOR TRANSPORATION RFP
Page 25 of 25
Attachment "E„
C
PROFESSIONAL SERVICES AGREEMENT
SEALBEACH
SENIOR TRANSPORTATION SERVICES
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0
Western Transit Systems
1619 E. Lincoln Ave.
Anaheim, CA 92805
(714) 535 -0156
This Professional Service Agreement ( "the Agreement ") is made as of November 8,
2010 (the "Effective Date "), by and between Western Transit Systems ( "Contractor ")
and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties ").
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2
RECITALS
A. City desires certain transportation services for seniors.
B. After releasing a request for proposals for such services, the City
Council for the City determined that it wants to provide an expanded program
commonly known as "Dial -A- Ride" five days a week.
C. Contractor represents that it is qualified and able to provide City
with such services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
AGREEMENT
1.0 Services
1.1. Services. Contractor shall provide those services ( "Services ")
set forth in the request for proposal dated June 16, 2010 ( "RFP ") and
Contractor's proposal dated July 22, 2010 ( "Proposal "). To the extent that there
is any conflict between the RFP and this Agreement, this Agreement shall
control. Attachment A attached hereto includes the RFP, the Proposal and
Contractor's executed "Letter of Acceptance," declaring that Contractor will
perform and complete the work as required by the RFP.
1.2. Expanded Dial -A -Ride Services. Notwithstanding any inconsistent
provision in the RFP or Proposal, Contractor shall provide one vehicle and one
driver Monday through Friday 8:00 am to 5:00 pm for the Dial -A -Ride program to
transport eligible Seal Beach residents to and from any location within the City
and within a three mile radius outside the City's corporate boundaries.
1.3. Additional Services. The City Manager may authorize Contractor to
perform additional services ( "Additional Services ") not specified in Subsections
1.1 and 1.2 provided the City Manager authorizes such work in advance and in
writing. Payment for Additional Services in excess of $10,000 requires prior City
Council authorization.
1.4. Standard of Care. Contractor shall perform all services under this
Agreement in accordance with the standard of care generally exercised by like
professionals under similar circumstances and in a manner reasonably
satisfactory to City.
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1.5. Compliance with Applicable Law. In performing this Agreement,
Contractor shall comply with all applicable provisions of federal, state, and local
law.
2.0 Term
2.1 Initial Term. The initial term ( "Initial Term ") of this Agreement shall
commence as of the Effective Date and shall continue for a term of 3 years
unless previously terminated as provided by this Agreement.
2.2 Trial Term for Expanded Dial -A -Ride Services. Notwithstanding
Section 2.1, the City may unilaterally cancel the dial -a -ride services set forth in
Section 1.2 after a 6 month trial period. At its sole discretion, City may perform
an evaluation of such services to determine whether to extend, modify or cancel
such services.
2.3 City's Option(s) to Extend Agreement. At City's sole discretion,
the City may elect to extend the tens of this Agreement, upon the same terms
and provisions, for up to three consecutive years, by providing notice to
Contractor at least one month prior to the expiration of the Agreement.
3.0 Contractor's Compensation
3.1 Hourly Rate for Services. City will pay Contractor at the rate of
$50.25 for each hour of service satisfactorily performed by Contractor.
3.2 Hourly Rate for Dial -A -Ride Services. City will pay Contractor at
the rate of $47.24 for each hour of Dial -A -Ride Services satisfactorily performed
by Contractor.
3.3 Compensation for Additional Services. City will pay Contractor at
the rate of $50.25 for each hour Contractor performs Additional Services
pursuant to Section 1.3. City Manager may authorize payment for Additional
Services up to a cumulative maximum of $10,000. Payment for Additional
Services in excess of $10,000 requires prior City Council authorization.
4.0 Method of Payment
4.1. Contractor shall submit to City monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. City will pay Contractor within 30 days of receiving
Contractor's invoice. City will not withhold any applicable federal or state payroll
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and other required taxes, or other authorized deductions from payments made to
Contractor.
4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's
agents or representatives to inspect at Contractor's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Contractor in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Contractor based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Contractor if Contractor fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Larry Slagle is the Contractor's primary representative for purposes
of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
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To Contractor: Western Transit Systems
1619 E. Lincoln Ave.
Anaheim, California 92805
Attn: Larry Slagle
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Contractor is an independent contractor and not an employee of the
City. All services provided pursuant to this Agreement shall be performed by
Contractor or under its supervision. Contractor will determine the means,
methods, and details of performing the services. Any additional personnel
performing services under this Agreement on behalf of Contractor shall also not
be employees of City and shall at all times be under Contractor's exclusive
direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Contractor shall be responsible for
all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
8.2. Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Contractor's personnel practices. City shall have the right to offset against
the amount of any fees due to Contractor under this Agreement any amount due
to City from Contractor as a result of Contractor's failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior
written approval of the City. Contractor is fully responsible to City for the
performance of any and all subcontractors.
10.0 Assignment
Contractor shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of City. Any
purported assignment without such consent shall be void and without effect.
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11.0 insurance
11.1. Contractor shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Contractor has secured all
insurance required under this Section. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
11.2. Contractor shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); and, if required by the City, (3) Professional Liability. Contractor
shall maintain limits no less than: (1) General Liability: $2,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Professional Liability: $1,000,000 per
claim /aggregate.
11.3. The insurance policies shall contain the following provisions, or
Contractor shall provide endorsements on forms supplied or approved by the City
to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Contractor's scheduled underlying coverage and that
any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
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volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Contractor or for which the Contractor is responsible.
11.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Contractor guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Contractor shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role
of city officials (collectively "Indemnities") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any acts or omissions of Contractor, its
employees, or its agents in connection with the performance of this Agreement,
including without limitation the payment of all consequential damages and
attorneys' fees and other related costs and expenses, except for such loss or
damage arising from the sole negligence or willful misconduct of the City. With
respect to any and all such aforesaid suits, actions, or other legal proceedings of
every kind that may be brought or instituted against Indemnitees, Contractor shall
defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay
and satisfy any judgment, award, or decree that may be rendered against
Indemnitees. Contractor shall reimburse City and its directors, officials, officers,
employees, agents and /or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Contractors obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by Contractor, the City, its directors,
officials, officers, employees, agents or volunteers. All duties of Contractor under
this Section shall survive termination of this Agreement.
13.0 Equal Opportunity
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Contractor affirmatively represents that it is an equal opportunity
employer. Contractor shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Contractor
provisions of Section 3700 of the California
employer to be insured against liability for
undertake self- insurance in accordance with t
agrees to comply with such provisions before
the Services.
15.0 Entire Agreement
certifies that it is aware of the
Labor Code that require every
Workers' Compensation or to
he provisions of that Code, and
commencing the performance of
This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a
writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall
not void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a party shall give the other
party any contractual rights by custom, estoppel, or otherwise.
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20.0 Prohibited Interests; Conflict of Interest
20.1. Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Contractor further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Contractor shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Contractor shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Contractor "financially interested" (as provided in California
Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Contractor has been retained.
20.2. Contractor further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor
paid or agreed to pay any person or entity, other than a bona fide employee
working exclusively for Contractor, any fee, commission, gift, percentage, or any
other consideration contingent upon the execution of this Agreement. Upon any
breach or violation of this warranty, City shall have the right, at its sole and
absolute discretion, to terminate this Agreement without further liability, or to
deduct from any sums payable to Contractor hereunder the full amount or value
of any such fee, commission, percentage or gift.
20.3. Contractor warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Contractor, and that if any such interest comes to the knowledge of
Contractor at any time during the term of this Agreement, Contractor shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other parry, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
22.0 Exhibits
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0
0
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants
that he or she is duly authorized to execute this Agreement on behalf of said
Party and that by his or her execution, the Contractor is formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF,
authorized representatives have
year first above written.
CITY OF SEAL BEACH
the Parties hereto, through their respective
executed this Agreement as of the date and
By:
11tiCe8= 2XX
Patrick P. Importuna
City Manager
Attest:
By: 1,10JAZIA, I
Linda Devin , City Clerk
Approved as to Form:
By: &L::�
uinn Barrow, City Attorney
Name: Larry Slaole
Its: President
0
Name:
Its:
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June 26, 2013
Mr. Larry Slagle
Western Transit Systems
1619 E. Lincoln Ave.
Anaheim, California 92805
SUBJECT CITY OF SEAL BEACH CONTRACT EXTENSION
Dear Mr. Slagle,
Pursuant to the executed contract agreement between the City of Seal Beach and
Western Transit dated November 10, 2010 for senior transportation services, the City of
Seal Beach would like to extend said agreement for an additional thee (3) years.
Said agreement section 2.3 states
"City's Option(s) to Extend Agreement. At City's sole discretion, the
City may elect to extend the term of this Agreement, upon the same
terms and provisions, for up to three consecutive years, by providing
notice to Contractor at least one month prior to the expiration of the
Agreement."
This is your notice that the City elects to extend the term of said agreement to three (3)
additional years upon the same terms and provisions. Please confirm receipt of this
letter and your decision.
If you have any questions please do not hesitate to reach me at (562) 431 -2527 x1322
or mho(c�sealbeachca.gov.
Sincerely,
V4
Michael Ho
Deputy Director of Public Works /City Engineer