02-07-1995 - Los Angeles County Dial-A-Ride Agreement - Addendum #1TO: City Council and City Manager
FROM: Human Services Department
SUBJECT: LOS ANGELES COUNTY DIAL -A -RIDE
AGREEMENT - ADDENDUM #1
City of West Covina
Memorandum
AGENDA.
ITEM NO. C—Ile
DATE 2/7/95
*PRINTED ON RECYCLED PAPER
SUMMARY: The following addendum to the Agreement between Westpark Transit
Authority and the County of Los Angeles for Dial -A -Ride services
clarifies and deletes unnecessary language in the agreement. -
BACKGROUND
The Westpark Dial -A -Ride service includes the cities of West Covina, Baldwin Park and La
Puente and the County of Los Angeles.
An Agreement with the County of Los Angeles dated May 31, 1994 to continue service for five
years has been reviewed by city attorneys of the three cities and various clarifications are
recommended.
The majority of changes replaces the word "subcontractor" with the word "contractor" and the
word "authority" with "contractor" throughout the text of the agreement. Revisions are intended
to clarify the agreement and correct certain inaccurate information.
The West Covina City Attorney has reviewed and approved the addendum as attached.
Both Baldwin Park and La Puente and the County will process the addendum in their respective
jurisdictions.
RECOMMENDATION
That the City Council authorize the Mayor to execute' addendum #1 to the Los Angeles County
Dial -A -Ride Agreement dated May 31, 1994.
Gus Salazar
Human Services Director
DARadd1.cd0S:ic
Attwbment
This Addendum is an addendum to that certain agreement (the "Agreement")
by and between- the County of Los Angeles (the "County") and Westpark.
Transit Authority ("Authority") dated May 31, 1994. The parties agree that
the Agreement shall be amended as set forth below.
Page 1:
WHEREAS, COUNTY and AUTHORITY agree that it.is in the public interest to
continue providing paratransit service to the eligible elderly (60 55 years and, older) and
persons with disabilities who reside in the unincorporated COUNTY areas as defined in
Appendix A, hereinafter referred to as "SERVICE' ; and
Page 2:
0.. . : / •)
F law
I i a
•WN
such times and places as
defined in Appendix A within
B.
CONTRACTOR shall furnish SERVICE at
be requested according to SERVICE requirements
he established SERVICE area identified in Appendix
Page 3:
5. Payment for SERVICE.
Pursuant to the rates and definitions provided by this Agreement, AUTHORITY.
and/or CONTRACTOR shall invoice COUNTY
monthly based on actual costs for COUNTY'S jurisdictional share, try
not to exceed $185,000 for FY 1994-95, $200,000 for
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FY 1995-96, $216,000 for FY 1996-97, $234,000 for FY 1997-98 and $252,000
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for FY 1998-99. AUTHORITY at no time shall be responsible for paying its
sttbeeter CONTRACTOR for service to COUNTY.
Page 4:
COUNTY obligations under this Agreement are subject to availability of funds in its
budget(s) for each fiscal year for the term of this Agreement. The anticipated total
cost of service from July 1, 1994 through June 30, 1999 and COUNTY'S
maximum obligation is shall not exceed $1,087,000.
Page 5:
6.
AUTHORITY shall cause CONTRACTOR to submit
a Monthly Service Report
eleim in the form and number required by COUNTY, within 15 days of the end of
each month. eeeptmee md.appmval of GOUNTY, pPayment will
y be made within 30 days of a receipt by COUNTY.
7. Permits and Licenses.
AUTHORITY shall cause CONTRACTOR. to. secure and.
maintain all permits and licenses required by law for the execution "of SERVICE
under this Agreement.
Page 6:
9. Indemnification and Insurance.
A. AUTHORITY er shall cause CONTRACTOR shot} to indemnify, defend
and hold harmless COUNTY, its officers, agents and employees, from and
against any and all liability, expense, including defense costs and legal fees
and claims for damages of any nature whatsoever, including, but not limited
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to, bodily injury, death
AUTHORITY'S maim
hereunder, or the c
CONTRACTOR her
liability, or expense ari
or on behalf of AUTH,
any person pursuant to
r property damage arising from or connected with
iance of equipment or its operation of SERVICE
erations or services of i
,nder, including any workers' compensation suits,
ig from or connected with SERVICE performed by
2TI'Y or its sabeeatFaetff(s CONTRACTOR .by
Agreement.
Page 7:
C. Without limiting " ^D W'S CONTRACTOR'S indemnification of
COUNTY, AUTHORITY er shall cause CONTRACTOR to shall provide and
maintain at its own expense or ensure that its subcontractor(s) provide and
maintain during the term of this Agreement the following program(s) of insurance
covering its operations hereunder. Such insurance shall be provided by insurers
satisfactory to COUNTY and evidence of such programs satisfactory to COUNTY
shall be delivered to DIRECTOR on or before the effective date of this.Agreement.
Evidence of insurance program shall be as required in Appendix C. Such evidence
shall specifically identify this Agreement and shall contain express conditions that
COUNTY is to be given written notice at least 45 days in advance of any
modifications or termination ofany program of insurance.
Page 8:
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1. LiWiaily Such insurance shall. be primary.to and not contributing with any
other insurance maintained, by COUNTY and shall name COUNTY and its
officers, agents and employees' as additional insured while acting within the scope
of their duties but only + as to work performed by A.T.�RFF - e
CONTRACTOR under this Agreement. Such insurance shall include, but not be
limited to:
3
Page 10:
3. Subcontractor. Insurance requirements stated above apply to all
subcontractors as well A T THQR- '-r' - , provided, however, that COUNTY will
accept evidence from AUT140 CONTRACTOR of self-insurance program
which meets requirements stated above.
4. Failure to Procure Insurance. Failure on the part of A t THQ FPV i
CONTRACTOR to procure or maintain required insurance shall constitute a
material breach of contract upon which COUNTY may immediately terminate this
Agreement.
Page 11:
11. Independent Prog=
This Agreement is by and between COUNTY and AUTHORITY and is not
intended, and shall not be construed, to create the relationship of agent, servant,
employee, partnership, joint venture or association, as between COUNTY and
AUTHORITY.
AUTHORITY understands and agrees that all persons furnishing SERVICE
pursuant to this Agreement are, for purposes of workers' compensation liability,
employees solely of er CONTRACTOR and not of COUNTY.
AIM-MR—FIFY or CONTRACTOR shall bear the sole responsibility and liability for
furnishing workers' compensation benefits to any person for injuries arising from
or connected with SERVICE performed on behalf of AUTHORITY pursuant to
this Agreement.
IMt
Page 12:
13. Unforeseen Conditions.
Neither AUTHORITY or- its sabeentmeter') fer- SE 'IC n o r
CONTRACTOR shall net be charged, nor shall DIRECTOR demand from them
damages because of failure in providing the SERVICE indicated in the Agreement
due to unforeseeable causes beyond the control and without the fault or negligence
of AUTHORITY or. its subeenemete CONTRACTOR. Such causes of
excusable delay may include) acts of Federal and/or State governments, acts of
COUNTY, or anyone employed by it, acts of public enemy, fires, force of nature,
loss of transportation facilities, loss of funding, epidemic, quarantine, restrictions,
lock out, strikes, freight embargoes, and public road closures, when satisfactory
evidence thereof is presented to DIRECTOR but in every case the delay is
excusable only for so long as, and to the extent, that the excusable delay continues.
Page 14:
15. Record Keening.. Reg aad Auditing.
AUTHORITY or CONTRACTOR willprovide access to daily ridership logs (i.e.,
driver's and dispatchers' logs) or other operational records for SERVICE deemed
necessary by COUNTY, and shall provide copies thereof upon specific request by
COUNTY. AUTHORITY shall report monthly unincorporated area ridership to
COUNTY. AUTHORITY shall keep records of all operating costs of SERVICE
in accordance with strict accounting procedures. All reportable (as defined by law)
accidents involving service equipment or personnel while operating with
COUNTY passengers shall be immediately reported to COUNTY. AUTHORITY
shall maintain such operating and fiscal records as necessary to comply with Los
Angeles County Metropolitan Transportation Authority CemEnissien,
Proposition A and C requirements and procedures and shall maintain all records
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on file for a minimum of three years following the close of each fiscal year of
SERVICE.
If, at any time during the term of this Agreement or at any time after the expiration
or termination of this Agreement, authorized representatives of COUNTY conduct
an audit of SERVICE and if such audit finds that COUNTY'S dollar liability for
such SERVICE is less than payments made by COUNTY to AUTHORITY, then
AUTHORITY agrees that the difference shall be either. (1).repaid forthwith by
AUTHORITY to COUNTY by cash payment, or (2) at DIRECTOR'S ef publie
Wer4s option, credited against any future payments hereunder ,to AUTHORITY.
If such audit finds that COUNTY'S dollar liability for SERVICE is more than
payments made by COUNTY to. AUTHORITY, then the difference shall be paid
forthwith to AUTHORITY by COUNTY by cash payment, provided that in no
event shall COUNTY'S obligation as set forth in this Agreement be exceeded
Page 15.
16.
AUTHORITY shall cause CONTRACTOR to supply sufficient and adequate
vehicles, all maintained in good and clean condition including air-conditioned, lift -
equipped vehicles and spare vehicles in the event of regularly assigned vehicles
breakdown and a two-way communication dispatch system to ensure. a consistent
fulfillment with the terms of this Agreement. Ile. cost of spare vehicles shall be
included in siTCONTRACTOR'S actual overall SERVICE
operating costs. AS CONTRACTOR'S. equipment and facilities
shall meet all requirements of applicable Federal, State and local ordinances and
laws, including but not limited to, the Americans With Disabilities Act of 1990
(ADA)•
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17.
In contemplation of the provisions of Section 895.2 of the
government Code of the (State of California imposing certain tort
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liability jointly upon public entities solely by reason of such entities
being parties to an agreement (as defined in Section 895 of said
Code), each of the parties hereto, pursuant to the authorization
contained in Sections 895 �4 and 895.6 of said Code, will assume the
full liability imposed upon it or any of its officers, agents, or
employees by law for injuiry caused by any negligent or wrongful act
or omission occurring in jthe performance of this Agreement to the.
same extent that such liability would be imposed in the absence of
Section 895.2 of said Code. To achieve the above -stated purpose,
each of the parties indemnifies , and holds harmless the other parties
for any liability, cost or expense that may be imposed upon such
other party solely. by virtue of said Section 895.2. The provisions
of Section 2778 of the California Civil Code are made a part hereof
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as if incorporated herein.
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SERVICE Requirements
Operating hours of service shall be from 8:00 a.m. to 6:00 p.m., Monday through Friday
and from 10:00 a.m. to 6:00 p.m. on Saturdays and Sundays. SERVICE will not operate
on the following seven holidays: New Year's Day, Memorial Day, Fourth of July, Labor
Day, Thanksgiving Day, the day following Thanksgiving Day, and Christmas Day. 24-
hour advance reservation shall normally be required to schedule riders and specify whether
a lift -equipped vehicle is required. Service shall be restricted to eligible elderly (60 5 5
years and older) and persons with disabilities and their escorts. Persons with disabilities
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re persons who by reason of physical or mental disabilities cannot reasonably use
conventional transportation. CITY and COUNTY shall determine eligibility of patrons and
COUNTY shall maintain appropriate records (i.e., Applications for Eligibility, Roster of
Eligible Persons, etc.) and take any actions necessary to ensure that only eligible patrons
use service.
SERVICE Area
SERVICE shall be provided for residents of the unincorporated COUNTY areas to any
destination identified in Appendix B.
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'PPENDDC C
EVIDENCE OF (INSURANCE PROGRAMS
AUTHORITY shall cause CONTRACTOR to submit -to COUNTY evidence of
satisfactory insurance programs and vehicle(s) information as required below:
1. Certificate of insurance which! specifically identifies this Agreement and which
includes, but not be limited, to the following:
a. Full name of the insurer
b. Name and address of the insured and, if SERVICE is provided in whole or
in part by taxicabs, the taxicabs' operators name.
C. Insurance policy number.
d. Type(s) and limit(s) of liability coverage.
e. Certificate issue date.
f. Certificate expiration date.
g. Condition that the insurer shall notify COUNTY in writing at least 45 days
prior to any modification or cancellation or termination of any insurance
program Statements to the effect that the issuing company will "endeavor
to mail notice" or "intends to notify" are not acceptable.
h. Signature of an agent authorized to do business with the insurer.
2. The following information for each of the insured vehicle(s):
a. Vehicle make.
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b. Vehicle model
C. Vehicle year.
d. Vehicle license number.
e: Vehicle identification number.
f. Vehicle seating capacity.
WE
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Except as set forth in this Addendum dated , . the terms and
conditions of the Agreement shall remain in effect.
ATTEST: LARRY J. MONTEILH COUNTY OF LOS ANGELES
Executive Officer -Clerk
of the Board of Supervisors
BY
Deputy
APPROVED AS TO FORM:
DE WTTT W. CLINTON
County Counsel
BY
Deputy County Counsel
CITY OF WEST COVINA
I: 1
Mayor
ATTEST:
BY
City Clerk
City. of West Covina
APPROVED AS TO FORM:
BY
City Attorney
City of West Covina
CITY OF LA PUENTE
Mayor
ATTEST:
BY
City Clerk,
City of La Puente
10-
BY
Chairman, Board of Supervisors
CITY OF BALDWIN PARK
Mayor
City Clerk
City of Baldwin Park
APPROVED AS TO FORM:
BY
City Attorney,
City of Baldwin- Park
APPROVED AS TO FORM:
BY
City Attorney
City of La Puente
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