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HomeMy WebLinkAboutCC AG PKT 2010-06-14 #VAGENDA STAFF REPORT DATE: June 14, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Sean P. Crumby P.E., Director of Public Works SUBJECT: APPROVE REQUEST FOR PROPOSALS FOR SEAL BEACH SENIOR TRANSPORTATION SERVICES SUMMARY OF REQUEST: The City Council is asked to approve the request for proposals (RFP) for the Seal Beach Senior Transportation Services and authorize staff to solicit for proposals. BACKGROUND: 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. Western Transit Systems is currently the service provider for the City's Senior Mobility Program. However, the agreement with Western Transit Systems has expired. 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 qualified companies, for Seal Beach Senior Transportation Services. The following is the RFP process schedule: -City Council Approves the RFP for Circulation June 14, 2010 -Seal Beach Senior Transportation RFP Circulated June 16, 2010 -Pre- Proposal Meeting July 6, 2010 - Proposals Submittal July 22, 2010 - Interviews with Best Qualified Companies July 28 & 29, 2010 -Award Contract August 23, 2010 Agenda Item V Page 2 FINANCIAL IMPACT: The 09/10 -10/11 Budget allocated $30,600 for FY 09/10 and $30,500 for FY 10/11 of Air Quality Management Funds. In the 09/10 fiscal year, OCTA will contribute $63,721, and the county will contribute $12,896. 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: It is recommended City Council approve the request for proposals (RFP) for the Seal Beach Senior Transportation Services and authorize staff to solicit for proposals. SUBMITTED BY: Sean P. Crumby P.E., Director of Public Works Prepared by: Cesar Rangel, Assistant Engineer Attachment NOTED AND APPROVED: = David Carmany, ity Manager A. Request for Proposal REQUEST FOR PROPOSALS (RFP) FOR SEAL BEACH SENIOR TRANSPORTATION SERVICES RFP response deadline: 10:00 a.m. on Tuesday, July 22, 2010 City of Seal Beach, City Hall 211 - 8th Street Seal Beach CA 90740 Department of Public Works 2nd Floor Attn: Cesar Rangel Assistant Engineer Approved for advertising: Sean Crumby, P.E. Director of Public Works Date Issued: June 16, 2010 TABLE OF CONTENTS SECTION I ................................... ............................... GENERAL INFORMATION SECTION II ................................. ............................... FORMAT AND CONTENTS SECTION III .................................. ............................... ....................DEFINITIONS SECTION IV ......... ............................... ........................SERVICE DESCRIPTIONS SECTION V ............................................ ............................... SERVICE POLICIES SECTION VI ................................................................ ............................... 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 I. GENERAL INFORMATION City of Seal Beach The City of Seal Beach is inviting proposals from qualified firms to operate a paratransit service for Seal Beach residents age 55 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. Continuation of Existing Service Prospective proposers should be aware that the City will be entering into a supplemental agreement with OCTA under a program for funding the continued provision of nutrition services through its SENIOR SERVE program. Proposals submitted shall include the existing SENIOR SERVE service levels and expanded senior transportation services as defined. Pre - proposal Conference A mandatory pre - proposal conference is scheduled for 10:00 a.m., Tuesday, July 6 th at the Seal Beach City Hall, Council Chambers, 211 8 th St., 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 8 th St., Seal Beach, CA 90740, by 10:00 a.m., July 22, 2010. Proposals received after this date and time will not be accepted. RFP Process /Timeline July 7, 2010 10:00 am Mandatory pre - proposal conference July 15, 2010 10:00 am Deadline to submit final written questions to the City July 22, 2010 10:00 am Proposal Deadline: Proposals due to the Department of Public Works July 28 &29 August 23, 2010 September 2010 SEAL BEACH SENIOR TRANSPORATION RFP Facility Inspections /Finalist Interviews City Council Awards Contract Begin Program Page 1 of 25 DEPARTMENT OF PUBLIC WORKS City of Seal Beach 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 July 15, 2010 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. 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'/" 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 SEAL BEACH SENIOR TRANSPORATION RFP Page 2 of 25 DEPARTMENT OF PUBLIC WORKS City of Seal Beach Contractor shall signify vendor selected and under contract with the City to provide transportation services. Curb to Curb Service 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. SEAL BEACH SENIOR TRANSPORATION RFP Page 3 of 25 DEPARTMENT OF PUBLIC WORKS City of Seal Beach 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. 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 Seal Beach Senior Transportation Currently the City provides transportation services for its "SENIOR SERVE" nutrition program at the North Seal Beach Community Center through a cooperative agreement with the Orange County Transportation Authority. Services for the disabled are achieved through ACCESS Services for Americans with disabilities. The City operates the "SENIOR SERVE" nutrition program at the North Seal Beach Community Center Monday through Friday from approximately 9:00am to 2:00pm. At present, 30 -40 program participants daily utilize the existing Seal Beach Transportation Services. The nutrition program currently hosts between 100 -130 seniors on a daily basis and it is predicted that an increased proportion of these seniors would utilize a transport service to get to and from the Community Center, if one were available. Transportation for participants of the current nutrition program however is only one component of the desired expanded program. Expanding upon these SEAL BEACH SENIOR TRANSPORATION RFP Page 4 of 25 DEPARTMENT OF PUBLIC WORKS City of Seal Beach 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: 12,058 100 -130 Participants per day. IV Service for the Seal Beach and from any address within of the city - limits. Trips may SENIOR SERVE Nutrition P Participants), doctors appo excursions. Senior Transportation program is to be provided to Seal Beach City limits. plus a .5 mile radius outside be made for any reason, such as transport for the rogram at the North Community Center (Registered ntments, retail /grocery shopping trips and dining The proposed service will be made available Monday through Friday from 8:00 am to 5:30 pm, excluding weekends and Holidays. Advanced trip reservations will be required at least 24 hours in advance of the requested trip time. 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 SEAL BEACH SENIOR TRANSPORATION RFP Page 5 of 25 DEPARTMENT OF PUBLIC WORKS City of Seal Beach Maximum dwell time shall not exceed 5 minutes except in those cases where drivers must wait before loading /unloading passengers. 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 .5 mile 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 September 2010 and shall run through June 30, 2013, 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. Vehicle Service Hours The bus should be opera determined by the vehicl submitted. The budget can hours service, they will be entertain other options witf Overflow Service. SEAL BEACH SENIOR TRANSPORATION RFP ad within the hours of 8:00 am and 5:30 pm as service hours available based upon the price not be increased and if requested are made for after denied or scheduled the next day. The City will in the budget as described in Task 4 Back -up and Page 6 of 25 DEPARTMENT OF PUBLIC WORKS City of Seal Beach 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: 09/01/10- 06/30/11: Period 2: 07/01/11-06/30/12: Period 3: 07/01/12-06/30/13: 1,800 vehicle service hours (VSH) 2,200 vehicle service hours (VSH) 2,200 vehicle service hours (VSH) Payment 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 pursuan managed by the City's Public Works Department. The designate a Project Manager responsible to coordinate project. t to this procurement will be Public Works Department will any activities pursuant to this 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: SEAL BEACH SENIOR TRANSPORATION RFP Page 7 of 25 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 SEAL BEACH SENIOR TRANSPORATION RFP Page 8 of 25 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 SEAL BEACH SENIOR TRANSPORATION RFP Page 9 of 25 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 SEAL BEACH SENIOR TRANSPORATION RFP Page 10 of 25 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 SEAL BEACH SENIOR TRANSPORATION RFP Page 11 of 25 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 SEAL BEACH SENIOR TRANSPORATION RFP Page 12 of 25 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. SEAL BEACH SENIOR TRANSPORATION RFP Page 13 of 25 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 Penalt 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. SEAL BEACH SENIOR TRANSPORATION RFP Page 14 of 25 DEPARTMENT OF PUBLIC WORKS Standard Penalt 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. SEAL BEACH SENIOR TRANSPORATION RFP Page 15 of 25 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 appropriate, to ensure that any unresolved safet addressed. Copies of reports prepared for any of Project Manager and also to the City's Risk Manager. 3. Daily and Monthly Operations Reporting any accidents or incidents, where y hazards or liability issues are the above must go to the City's 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 10 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. SEAL BEACH SENIOR TRANSPORATION RFP Page 16 of 25 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. 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: 1. 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. SEAL BEACH SENIOR TRANSPORATION RFP Page 17 of 25 DEPARTMENT OF PUBLIC WORKS City of Seal Beach 4. Ensure bus is free of all paper, gum and debris, etc. 5. 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. SEAL BEACH SENIOR TRANSPORATION RFP Page 18 of 25 DEPARTMENT OF PUBLIC WORKS EXHIBIT "A" — City Map City of Seal Beach SEAL BEACH SENIOR TRANSPORATION RFP Page 19 of 25 N city of Seal Beach ST DEPARTMENT OF PUBLIC WORKS EXHIBIT "B" — Proposal Evaluation City of Seal Beach Criteria Points Completeness of RFP submittal 20 References/Quality of Service 20 Cost Effectiveness (BID) 40 Facilities Inspections 10 Interviews 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. (40 Points) Interviews /Facilities Inspections Based upon the scoring of the first three criteria, the City will invite the top two candidates to participate in an interview and 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). Following the facility inspections, interviews will be conducted to gain an additional understanding of the operations and qualifications of the proposing agency (10 Points). Pending these two final selection criteria, the City will formulate its recommendation for bid award. SEAL BEACH SENIOR TRANSPORATION RFP Page 20 of 25 DEPARTMENT OF PUBLIC WORKS EXHIBIT "C" — Letter of Acceptance Proposer Name: Mr. Sean P. Crumby, P.E. Public Works Director City of Seal Beach 211 8 th Street Seal Beach, CA 90740 City of Seal Beach (562) 431 -2527 ext 1318 (562) 430 -8763 fax 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. 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 No. 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 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. SEAL BEACH SENIOR TRANSPORATION RFP Page 21 of 25 DEPARTMENT OF PUBLIC WORKS Signature Type or Print Name Title Business Address City, State, & Zip Code Telephone Number Fax Number City of Seal Beach SEAL BEACH SENIOR TMNSPORATION 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 comply 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 City of Seal Beach SEAL BEACH SENIOR TRANSPORATION RFP Page 24 of 25 PROFESSIONAL SERVICES AGREEMENT FOR SEAL B EAC H SENIOR TRANSPORTATION SERVICES 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 2010 (the "Effective Date "), by and between ( "Contractor'), a ] , and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties" RECITALS A. City desires certain professional to provide Senior Transportation 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 must provide those services ( "Services ") set forth in the RFP, which is hereby incorporated by this reference. To the extent that there is any conflict between RFP and this Agreement, this Agreement must control. 1.2. Contractor must 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 Authority. 1.3. In performing this Agreement, Contractor must 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 Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 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 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 Section 1.4 will be compensated in accordance with the rate schedule set forth in Exhibit . 1 of 8 57296- 0001 \ 10776000. doc 4.0 Method of Payment 4.1. Contractor must submit to City monthly invoices for all services rendered pursuant to his Agreement. Such invoices must be submitted within 15 days of the end of the month during which the services were rendered and must 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 hours notice from City, Contractor must 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 thirty 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 in the U.S. 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 2 of 8 S7296-000 1\ 1077600v7. doc To Contractor: [Contractor's Address] 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 and 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. 11.0 Insurance 11.1. Contractor must 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 3of8 S7296- 0001 \1077600v7.doc 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 (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 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. 4of8 57296- 0001 \1077600v7.doc 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 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. 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. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor must 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 be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 5of8 S7296 -0001 U 077600v7.doc 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 Worker's 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. 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 Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 6of8 S7296- 0001 \1077600v7.doc 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, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorney's fees and other costs incurred in connection with such action. 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 persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provision of this Agreement. (Intentionally Left Blank) 7of8 S7296-0001\1 0776000. doc 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 By: By: David Carmany, City Manager Name: Attest: Its: By: Linda Devine, City Clerk By: Approved as to Form: Name: Its: in Quinn Barrow, City Attorney 8 of 8 S7296-000 I \10776000.doc DEPARTMENT OF PUBLIC WORKS EXHIBIT "F" - Price Proposal City of Seal Beach COST CATEGORY Period 1 (0911/10 -06/30/11) Period 2 (711/11- 6/30/12) Period 3 (7/1112 - 6/30113) 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. Trainin 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 Maintenance 20. Towing 21. Other Use Additional Sheets OTHER EXPENSES 22. Start-up Costs 23. City & Other Fees or Taxes 24. Capital Costs - Speci 25. Other Costs - Speci 26. Utilities 27. Overhead 28. Profit 29. Total Costs (Sum of Numbers 1 through 28) 30. Vehicle Service Hours Est. 1,800 Est. 2,200 Est. 2,200 31. Hourly Rate ( #29 divided by #30) Annual increases will not exceed the regional CPI or 2 %, whichever lowest, in these or future years, ADDITIONAL HOURLY RATES 32. Sedan/Taxi (per-trip-rate SEAL BEACH SENIOR TRANSPORATION RFP Page 25 of 25