Item No. 11 - CONSIDERATION OF AMENDMENT TO AGREEMENT WITH MV TRANSPORTATION, INC. FOR UBER PILOT PROGRAMAGENDA ITEM NO. 11
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 4, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AMENDMENT TO AGREEMENT WITH MV
TRANSPORTATION, INC. FOR UBER PILOT PROGRAM
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the amendment to the Transportation Services Agreement with MV Transportation, Inc., to
establish a pilot program with Uber to supplement the Dial -A -Ride service;
2. Authorize the City Manager to negotiate and execute the amendment; and
3. Authorize the City Manager to negotiate and execute future amendments to the agreement relating to the
pilot program, provided that the total compensation to MV Transportation, Inc. under the pilot program
does not exceed $50,000.
BACKGROUND:
On December 17, 2013, the City Council approved a Transportation Services Agreement with MV
Transportation, Inc. (MVT), to provide fixed route and dial a -ride transit services that began on March 3, 2014.
(Attachment No. 2). The Transportation Services Agreement had an initial term of 5 years with a provision for
two (2) one (I) -year extension options.
MVT has staffed and managed the City of West Covina's Fixed Route Shuttle (Shuttle) and Dial A -Ride
(DAR) services with oversight by the Public Services Department. The Shuttle service consists of three
alignments (Red, Blue, and Green) that operate Monday -Friday from 6:30 a.m. to 7:00 p.m. The estimated
annual hours of operation for the Shuttle service are 11,650. The DAR operates Monday -Friday from 8:00 a.m.
to 5:30 p.m., and Sunday from 8:00 a.m. to 2:30 p.m. The estimated annual hours of operation for the DAR
service are 7,600.
The current extension of the agreement with MVT was considered on March 2, 2021. The following rate
structure was approved.
FY 2021-2022 Option
Fixed Route Cost per Rev Hr $72.28
Estimated Rev Hr (Annualized) 11,650
Fixed Route Total (Annualized)
$842,039
DAR Cost per Rev Hr
$60.66
Estimated Rev Hr (Annualized)
7,600
DAR Total (Annualized)
$461,000
Total Est Rev Hrs (Annualized)
19,250
Total (Annualized)
$1,303,039
In 2018, the City approved a program with Lyft to incorporate the City's DAR guidelines for the pilot
program. However, an agreement was not reached due indemnity language being requested in the agreement
and transition of employees. In addition, in January 2020, AB5 went into effect, regarding independent
contractors being reclassified as employees. On November 3, 2020, California voters approved Proposition 22,
which designates app-based drivers for network companies as independent contractors.
DISCUSSION:
MVT recently entered into a contract with Uber. MVT, Uber representatives, and staff have discussed the
implementation of the pilot program similar to the one previously approved with Lyft. Uber can provide on -
demand rides for seniors or those with disabilities needing rides, such as dialysis appointments or other
medical necessity which are often times scheduled by physicians at the last minute. Riders can download the
Uber App, which will have a unique code with a discount that provides $1.00 rides each way, which is the
current subsidy of the City's DAR program. For those riders who are not internet savvy or do not want to use
the Uber App, the City's transit provider, MVT, can access the system via the cloud -based software and book a
trip for patrons. Based on the previously approved parameters, the following will be the Uber pilot program:
• Six-month term
o 25 participants from current ridership (based on highest frequency usage)
• Education/Outreach
o Uber Team for riders
o MVT on use of the Uber App and the Uber Concierge Program for booking trips.
• $50,000 max
o These funds will be utilized to subsidize the balance of the actual cost of the ride above
the $1.00/$0.50 fee the participant pays
• $1.00 ride/person one-way ($2.00 roundtrip); $0.50 ride/person one-way ($1.00 roundtrip) for persons
55+
• Rides within West Covina city -limit or 3 miles outside city -limit for medical reasons
UberX is the most economical ride type. The code will only work for this ride type. Operating hours will be
24/7 for Uber app users and restricted to call center hours (8a-5p M-F and 8a-2p Sunday) for call -in bookings,
unless booked in advance. Riders will be able to take up to four (4) one-way trips per day based on
availability of funds.
The proposed amendment incorporates the pilot program, which will be carried out by Uber through MVT.
The City will be billed monthly for the cost of subsidies, plus 10%, which will cover MVT's administrative
and overhead costs for handling the booking. According to Uber, deployment of the pilot program will take
approximately eight (8) weeks.
In addition, after approval of the extension on March 2, 2021, MVT expressed concern regarding the recovery
of fixed costs, particularly with the current revenue hours for the DAR program. Article 5, Section F of the
2014 Agreement speaks to Service Adjustments stating that if actual annual revenue hours being 20% less than
or in excess of the estimated total, both parties would promptly meet to negotiate a revised unit cost per
revenue hour. As operations are seeing revenue hours pick up with the re -opening of different sectors, MVT
does not anticipate a need to reprice, but requests the provision be included.
The proposed amendment includes the extension authorized on March 2, 2021, the incorporation of the pilot
program, and the additional provision requested by MVT.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed amendment and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve staff recommendation; or
2. Provide alternative direction.
Prepared by: Kelly McDonald, Public Services Manager
Fiscal Impact
FISCAL IMPACT:
On an annualized basis, the proposed rates of Option 3 for extending the transit services agreement may result
in a total potential additional costs of $141,559. Transit services are funded from the Public Services
Transportation Operating Budget (Proposition C and Measure R Local Returns). The fixed route budget is
included in Account Nos. 122.61.5142.6120, 122.61.5148.6120, and 224.61.5142.6120 and dial -a -ride
services in Account No. 122.61.5143.6120. The increase occurring in Fiscal Year 2020-2021 is expected to be
absorbed by savings in the current budget. Anticipated costs will be incorporated into the Fiscal Year 2021-
2022 budget, accordingly. There is no impact to the General Fund.
The pilot program with Uber was previously approved and $50,000 was appropriated to 224.61.5143.6120
(Measure R - Dial -A -Ride). The City will be billed monthly for the total subsidies, plus 10% to cover MVT's
administrative costs associated with the activity.
Attachments
Attachment No. 1 - Fourth Amendment to Transportation Services Agreement
Attachment No. 2 - MVT Transit Services Agreement
CITY Enhance the City Image and Effectiveness
COUNCIL
GOALS &
OBJECTIVES:
ATTACHMENT NO.1
FOURTH AMENDMENT TO
CITY OF WEST COVINA
TRANSPORTATION SERVICES AGREEMENT
WITH
MV TRANSPORTATION, INC.
THIS FOURTH AMENDMENT ("Amendment") is made and entered into as of the 2nd day of
March, 2021 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal corporation
("City"), and MV TRANSPORTATION, INC., a California corporation ("Contractor").
WHEREAS, on December 18, 2013, City and Contractor entered into an agreement for
Contractor to provide Fixed Route Shuttle Services and Dial -A -Ride services for the City ("Original
Agreement"); and
WHEREAS, on November 7, 2017, City and Contractor amended the fee schedule due to
State -imposed increases to the minimum wage, through the First Amendment to the Original
Agreement; and
WHEREAS, Article 4 of the Original Agreement provides for an initial term of March 3, 2014
through March 2, 2019, with the option for City and Contractor to extend the term for two (2) additional
one (1) year periods; and
WHEREAS, City and Contractor exercised the first extension option and extended the term
through March 2, 2020, through the Second Amendment to the Original Agreement; and
WHEREAS, City and Contractor exercised the second extension option and extended the
term through March 2, 2021, through the Third Amendment to the Original Agreement; and
WHEREAS, City is required to conduct a formal solicitation prior to entering into a new
agreement for said transportation services; and
WHEREAS, City and Contractor desire to extend the term on a month -to -month basis while
City conducts its solicitation process; and
WHEREAS, City and Contractor desire to set forth Contractor's compensation during the
monthly extension periods accordingly; and
WHEREAS, City and Contractor desire to test a new transportation services pilot program
with a third -party agency, Uber; and
WHEREAS, City and Contractor desire to set forth the payment terms for the new
transportation pilot program with Uber; and
WHEREAS, City and Contractor intend and desire that this Amendment be effective
retroactive to the Effective Date.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
MV Transportation, Inc.
Fourth Amendment
Form Revised April 2020
1. This Amendment shall be effective retroactive to the Effective Date.
2. Commencing March 3, 2021, the term of the Original Agreement shall automatically
extend for successive one (1) month periods, for up to twelve (12) months, until such
time as either party terminates the Original Agreement in accordance with Article 11
of the Original Agreement. The parties hereby agree the termination rights provided
to City in Article 11.A.6. of the Original Agreement are now mutual rights available to
either party to terminate the Original Agreement and this subsequent Fourth
Amendment for convenience with thirty (30) days' written notice to the other party.
3. Commencing March 3, 2021, Contractor shall be paid the following hourly rates
based on the contracted level of service:
Fixed Route Shuttle Services: $72.28 per hour
Dial -A -Ride Services: $60.66 per hour
4. City and Contractor agree that the hourly rates set forth herein are based on the
following assumptions regarding the volume of services to be provided:
Fixed Route Shuttle Services: 11,650 hours per year (970.83 hours per month)
Dial -A -Ride Services: 7,600 hours per year (633.33 hours per month)
If the volume fluctuates more then 20% per month based on the assumptions above,
the parties agree to meet promptly to negotiate a revised unit cost per revenue hour.
5. Commencing March 3, 2021, Contractor's annual compensation shall not exceed
$1,303,039.00.
6. City and Contractor hereby agree to establish a pilot program for the integration of
Uber services, in accordance with the following terms:
a. Rides will be provided at the following rates:
i. Participants 55 Years+: $0.50 per trip (one-way) per participant
ii. All Other Participants: $1.00 per trip (one-way) per participant
b. Rides will be provided to eligible participants within West Covina limits and
within three (3) miles of West Covina limits if for medical reasons.
C. Participants may take up to four (4) one-way trips per day based upon
availability of funds.
d. Commencing upon the start of the pilot program with Uber, Contractor shall
operate the pilot program.
e. At the end of each month, Uber will invoice Contractor less all collected fares.
Contractor shall pay the Uber invoice and invoice City the outstanding balance
plus a 10% administration fee.
MV Transportation, Inc.
Fourth Amendment
Form Revised April 2020
City will pay Contractor a maximum of $50,000 under the pilot program.
All terms not defined herein shall have the same meaning and use as set forth in the
Original Agreement.
All other terms, conditions, and provisions of the Original Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, City and Contractor have executed this Amendment as of the date
set forth above.
CITY OF WEST COVINA CONTRACTOR
David Carmany Marie Meisenbach Graul
City Manager Chief Financial Officer
ATTEST
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Thomas P. Duarte
City Attorney
MV Transportation, Inc.
Fourth Amendment
Form Revised April 2020
ATTACHMENT NO.2
TRANSPORTATION AGREEMENT FOR THE PROVISION OF FIXED
ROUTE SHUTTLE SERVICES AND DIAL -A -RIDE SERVICES FOR THE
CITY OF WEST COVINA
THIS AGREEMENT is entered into this 1 S" day of December 2013, by and between the
City of West Covina, hereinafter referred to as the "City", and, MV Transportation, hic., hereinafter
referred to as the "Contractor" or "Operator".
1AUTNESSETH:
WHEREAS, the City has determined that it requires management, operation and
maintenance services for the fixed route shuttle service and dial -a -ride service to provide
transportation services to the general population; and
WHEREAS, City has circulated a Request for Proposals for Transit Operations Contract
City of West Covina Purchasing Specifications 0413-A, dated April 18, 2013, which is attached
hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, Contractor has submitted its proposal entitled Proposal To City of West
Covina For Transit Operations Contract Purchasing Spec. 0413-A, dated May 23, 2013, attached
hereto as Exhibit `B", and incorporated herein by reference; and
WHEREAS, Contractor has submitted its offer of additional and/or alternate terns entitled
Best and Final Offer — Transit Operations Contract RFP Number: 0413-A, dated August 6, 2013,
attached hereto as Exhibit "C", and incorporated herein by reference; and
WHEREAS, the Contractor has represented that it has the necessary expertise, personnel
and qualifications to provide the requested service; and
WHEREAS, City Council approved the execution of this Agreement at a regularly
scheduled City Council Meeting on December 17"', 2013, with an effective date of March 31
2014; and
NOW, THEREFORE, it is mutually understood and agreed as follows:
ARTICLE I
COMPLETE AGREEMENT, PRECEDENCE OF DOCUMENTS
This Agreement and the attached form and documents referred to herein and incorporated
herein by reference, and the Request for Proposal (Exhibit "A"), Proposal (Exhibit "B"), submitted
by the Contractor dated May 23, 2013, and Best and Final Offer (Exhibit "C"), submitted by the
Contractor dated August 6; 2013 constitute the complete and exclusive Agreement between the
City and the Contractor (Contract Documents) and supersede all prior representations,
understandings, and connnunications. The invalidity in whole or in part of any provision of this
Agreement shall not affect the validity of other provisions. The City's failure to insist in any
instance upon the performance of any tern or terms of this Agreement shall not be construed as a
waiver or relinquishment of the City's right to such perfonnance by the Contractor. Except as
otherwise allowed hereunder, any amendment shall be in writing and signed by both parties.
Any conflict, omission or difference in the Contract Documents shall be subject to the
following order of precedence of Contract Documents:
1. This Agreement
2. Best and Final Offer (Exhibit "C")
3. Request for Proposals (Exhibit "A"), hereinafter the "RFP"
4. Proposal (Exhibit `B")
ARTICLE 2
AUTHORIZATION TO ACT
The West Covina City Manager or his/her designee shall have the authority to act for and
exercise any of the rights of the City as set forth in this Agreement upon the authorization therefore
by the West Covina City Council.
ARTICLE 3
INDEPENDENT CONTRACTOR
The Contractor's relationship to the City in the performance of this Agreement is that of
an independent Contractor. The personnel performing services under this Agreement shall be
deemed, for all purposes, to be the Contractor's employees and not agents or employees of the
City. The Contractor shall pay all wages, salaries and other amounts due its employees for services
and goods rendered by said employees in connection with this Agreement and shall be responsible
for all reports and obligations respecting them, including but not limited to worker's compensation
benefits.
ARTICLE 4
TERM OF THE AGREEMENT
This Agreement shall continence on March 3, 2014 and shall terminate March 2, 2019,
unless earlier terminated pursuant to Article I 1 below. The Agreement may be extended thereafter
for up to two subsequent one-year terms upon mutual agreement of the parties without soliciting
proposals and upon the agreed terms, including pricing. The parties also, upon negotiated written
amendment hereto, may extend and/or modify the reimbursement rate, levels of service, types of
services, change of vehicles, or any other terms which the parties determine necessary.
ARTICLE 5
STATEMENT OF SERVICES
A. GENERAL
The Contractor shall provide all management and operational functions necessary for the
success of the fixed -route West Covina Shuttle and the demand -response Dial -a -Ride services
(hereinafter the "Service" or "Services"). The Contractor shall provide the Services in the rnarmer
and to those areas identified on Exhibit "A" attached hereto and incorporated herein by this
reference.
In addition to those Services specific to the fixed route or dial -a -ride services, the
Contractor shall:
1. Order new vehicles (as described below) to provide the Services within twenty-four (24)
hours of full execution of this Agreement. Contractor will warrant that these vehicles will
be available for use by March 3, 2014.
2. Contractor shall, at Contractor's expense, cause all new vehicles to have appropriate
branding and markings placed thereon to designate the vehicles as part of the City's transit
service. City must approve the form and content of the brandnigs and markings prior to
application. In the event that City makes modifications to its branding and required
marking that require re -performance of these items, City will reimburse Contractor for
actual and reasonable costs.
3. Make good -faith efforts to retain personnel employed by the existing provider of the
Services, including extending offers of employment.
4. Conduct town hall meetings on an agreed schedule at reasonable frequency to educate the
public, particularly senior citizens and dial -a -ride patrons on the Services.
5. Make good -faith efforts to increase efficiencies in Service, using the existing data as a
baseline to work therefrom. City will provide data to Contractor after the execution of this
Agreement.
6. Provide City staff with training on Passenger Complaint Tracking Software system utilized
by Contractor.
7. Provide one full -tine (1) project manager and two (2) full-time road supervisors dedicated
to the Services under this Agreement.
8. Guarantee that Genevieve Madrid, Project Manager, and Wayne Poole, Dispatcher, will
exclusively service the City's transit operations during the life of this Agreement. Neither
of these individuals may be assigned to any other client of Contractor during the Tenn of
this Agreement without the City's prior approval. Any change in the capacity or scope of
services provided by Ms. Madrid or Mr. Poole must be approved by the City in writing.
Notwithstanding the foregoing, if the employment of either of these individuals is
terminated for any reason, Contractor shall replace said individuals with persons of equal
skill and experience to carry on the duties of the departed employee. Said replacement
employees shall be subject to City approval prior to, and at anytime thereafter, assignment
to the replacement position(s).
Provide City staff training on Contractor's complaint tracking software, as well as provide
City staff ongoing access to the system to monitor complaints logged therein.
FIRED ROUTE SHUTTLE
The fixed route shuttle system will provide residents of West Covina with an improved
service for travel within the City for shopping, business, recreational proposes, as well as large
employment providers. The fixed route shuttle system's estimated annual revenue hours is 11,650
with over 108,000 passengers served. Locations within the City include: the Citrus Valley
Hospital -Queen of the Valley Campus, Eastland Shopping Center, Civic Center, Cortez
Park/Senior Center, the Heights Shopping Center, etc.
Specific requirements are as follows:
SHUTTLE
Hours of Service - The fixed route (Red and Blue Line) shuttle is approximately 17.0 service
miles and will provide one (1) vehicles per line. The service will operate every thirty (30)
minutes from 6:30 am. until 4:00 p.m. and will continue (1) vehicle per line every hour (60)
minutes from 4:00 p.m. until 7:00 p.m. in a bi-directional loop (Red and Blue Line). The
shuttle will operate on the following days:
Monday — Friday: 6:3OAM to 7:OOPM
Saturday and Sunday: No Service
Except the following Holidays: Presidents' Day, Afemorial Day,
Independence Da), Labor Day, Thanksgiving Day and the day
after Thanksgiving, Christmas Eve, Christmas Dad, New Year's
Day.
Hours of Service —The fixed route (Green Line) shuttle is approximately 10.0 service miles
and will operate two vehicles every thirty (30) minutes during the AM and PM Peak Hours
and every 60 minutes during non -peals hours as shown on the attached schedules. The shuttle
will operate on the following days:
Monday — Friday: 6:30AM to 7:OOPM
Saturday and Sunday: No Service
Except the,following Holidays: Presidents' Day, Mensorial Day,
Independence Day, Labor Day, Thanksgiving Day and the day
after Thanksgiving, ClVistnaas Eve, Christmas Day, New Year's
Day.
Collection of Fares - All fare(s) will be charged to each rider and the operator will be
responsible for collecting all cash fares. All vehicles shall be equipped with city provided
fare boxes, which provide a secure method for collecting fares.
(a) The total fare amount collected by the Contractor shall be listed and deducted
from the monthly billing statement to the City.
(b) Fares will be posted in all vehicles. Fares may be decreased or increased after
approval by the City Council and upon written notification by the City.
2. Fuel —City shall provide alternative fuel for Contractor -owned vehicles used in providing
these services. City shall pay fuel costs, which shall not be reflective in Hourly Rate
Charged by the operator.
3. Heating/Air Conditioning — Heating and air conditioning shall be maintained in good
working order at all time in all vehicles at a level approved by the City.
4. Grab Rails — All vehicles shall have grab rails installed to assist persons who are entering
and exiting the vehicle with or without the use of the wheelchair lift, and who are inside
vehicle.
5. Safety Features — Every vehicle shall be equipped with a first aid kit, fire extinguishers,
QRT wheelchair tie -down mechanisms, professionally installed sunshades and other safety
features as required by the City. All equipment installed will meet Americans with
Disabilities Act (ADA). No materials shall be installed that would obscure the driver's
view or create a safety hazard.
6. Radios/Cellular Phones — All vehicles shall be equipped with a two-way radio system
and/or cellular phone capable of communicating with the main base station. Operators
shall utilize a hands free system while operating vehicle.
7. Cleaning — All vehicles shall be cleaned on the inside and outside daily. Vehicle exteriors
shall be washed a minimum of three (3) times a week and after every rain. Vehicle interiors
shall be swept prior to each day's service. Windows shall be washed and floors mopped
and vacuumed daily. Graffiti and other vandalism will be removed on a daily basis prior to
start of service.
8. Telephone — The City shall provide a local (non -toll) telephone number for communication
between the Contractor's dispatcher persomiel, site manager and the parties served by this
Agreement. The Contractor shall provide sufficient (non -toll) telephone lines to minimize
busy signals and maximize response to persons calling for information. The period for
telephone wait time will not exceed 10 minutes in length liquated damages shall be applied,
$50.00 per incident; if it exceeds 15 minutes $100.00 per incident shall be applied, and
$2.00 per minute thereafter, owed to the City or deducted from monthly bill. The
Contractor shall ensure that all operators are bi-lingual, speaking both Sparksh and English.
9. Signs — "NO SMOKING" and "FOR YOUR SAFETY PASSENGERS MUST REMAIN
SEATED UNTIL TIE VEHICLE COMPLETELY STOPS" and "NO EATING, NO
DRINKING, NO MUSIC" and the "OPERATORS NAME" and "OPERATORS ID
NUMBER" and "BUS NUMBER" and "TELEPHONE NUMBER" to register complaints,
comments and suggestions. The signs will be installed and maintained inside each velvcle
in full view of all passengers. A "No Smoking" policy shall be enforced. Other signs may
be requested by the City.
10. Vehicles — The operator will be required to provide four (4) thirty-two foot (32') Starcraft
Allstar F550 buses, or vehicles of equivalent or greater value and quality, for the daily
shuttle operation. Additionally, City to provide two (2) City owned alternative fuel buses
as spares. In the event that the Contractor does not wish to utilize the City owned buses,
they must provide one (1) spare to be available when a regular vehicle is taken out of
service. Vehicles are required to be ADA compliant, vrith a nrinirnum seating capacity of
24 plus two (2) wheelchairs QRT tie -down system and ramp including lift. Seating
configuration subject to joint approval of Contractor and the City. Vehicles should have
two (2) position bike racks at the vehicle front; front and side roller head signs; passenger
stop strips with pull cord functionality; overhead storage; display City logo and be
equipped with two-way radios and/or cellular phone. Each vehicle will be equipped with
the DriveCam video monitoring system.
11. Advertisement— The City will be. exploring the opportunity to advertise City programs and
events, as well as entrepreneurial and/or private ventures that would benefit the City.
Should these endeavors result in revenue generation, all such advertisement revenues, from
advertising on/in the vehicles, including any electronic, print, etc. advertising shall belong
to the City. Contractor shall fully cooperate with all activities associated with advertising
displays as instructed and facilitated by the City, which shall be made at City's sole
expense.
12. All vehicles and equipment shall conform with all applicable laws, including without
limitation, the Federal Motor Vehicle Safety Standards, California Vehicle Safety
Standards, California Vehicle Code, and California Administrative Code, Title 13 and the
California Highway Patrol Motor Carrier Safety Regulations. The Contractor is required
to obtain and affix a certification to each vehicle, which certifies that each unit meets or
exceeds all state and federal requirements as of the date of manufacture.
C. DIAL -A -RIDE SERVICE
Specific requirements are as follows:
1. Provide daily transportation to City residents - The operator will be expected to provide
five (5) Starcraft Allstar twenty-five foot (25') buses, or vehicles of equivalent or greater
value and quality, for the dial -a -ride service to provide trips for both same -day service, as
well as, trips being scheduled one or more days in advance. One of the five Contractor
provided vehicles is considered to be a spare to be available when a regular vehicle is taken
out of service. These vehicles seat 16 ambulatory passengers, plus two (2) passengers using
wheelchairs. Each vehicle will be equipped with the DriveCam video monitoring system.
The dial -a -ride service area encompasses the City of West Covina, and three (3) miles
beyond service area for medical appointments only. Persons will be encouraged to call for
service a day in advance. All trips must be requested individually which means that no
standing orders should be scheduled on service.
The dial -a -ride system's estimated annual revenue hours is 7,600 with over 24,000
passenger trips.
2. Eligible users — Dial -a -ride service is primarily intended to serve the City's elderly and
disabled population.
3. Hours of Service — Dial -a -ride service shall be restricted to the following hours:
Monday -Friday: 8:00 a.m. -- 5:30 p.m.
Saturday: No Service
Sunday: 8:00 am.-- 2:30 p.m. (West Covina Only)
Except the foZlo111ing Holidays: Presidents' Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and the day after
Thanksgiving, Christmas Eve, Christmas Day, New Years Day.
4. Amount of Service to be Provided - Approximately 24,000 trips will be provided over a
one-year period.
5. Collection of Fares - Fare(s) will be charged to each rider, excluding children and escorts,
and the operator will be responsible for collecting all cash fares.
(a) The total fare amount collected by the Contractor shall be deducted from the
monthly billing statement to the City.
(b) Fares will be posted in all vehicles. Fares may be decreased or increased after
approval by the City Council and upon written notification to Contractor.
6. Fuel —City shall provide alternative fuel for Contractor -owned vehicles used in providing
these services. City shall pay fuel costs, which shall not be reflective in Hourly Rate
charged by the Operator.
7. Heating/Air Conditioning — Heating and air conditioning shall be maintained in good
working order at all times in all vehicles at a level approved by the City.
8. Grab Rails —All vehicles shall have grab rails installed to assist persons who are entering
and exiting the vehicle with or without the use of the wheelchair lift, and who are inside
vehicle.
9. Safety Features — Every vehicle shall be equipped with a first aid kit, fire extinguishers,
wheelchair tie -down mechanisms, professionally installed sunshades and other safety
features as required by the City. All equipment installed will meet Americans with
Disabilities Act (ADA). No materials shall be installed that would obscure the driver's
view or create a safety hazard.
10. Fare Boxes —All vehicles shall be equipped with city provided fare boxes, which provide
a secure method for collecting fares.
11. Radios/Cellular Phones — All vehicles shall be equipped with a two-way radio system
and/or cellular phone capable of communicating with the main base station. Operators
shall utilize a hands free system while operating vehicles.
12. Cleaning —All vehicles shall be cleaned on the inside and outside daily. Vehicle exteriors
shall be washed a minnnum of three (3) times a week and after every rain. Vehicle interiors
shall be swept prior to each day's service. Windows shall be washed and floors mopped
and vacuumed a minimum of daily. Graffiti and other vandalism will be removed on a
daily basis prior to start of service.
13. Telephone —The City shall provide a local (non -toll) telephone number for communication
between the Contractor's dispatcher personnel, site manager and the parties served by this
Agreement. The Contractor shall provide sufficient (non -toll) telephone lines to minimize
busy signals and maximize response to persons calling for information. The period for
telephone wait time will not exceed 10 minutes in length liquated damages shall be applied,
$50.00 per incident; if it exceeds 15 minutes $100.00 per incident shall be applied, and
$2.00 per minute thereafter, owed to the City or deducted from monthly bill. The
Contractor shall ensure that all operators are bi-lingual, speaking both Spanish and English.
14. Signs — "NO SMOKING" and "FOR YOUR SAFETY PASSENGERS MUST REMAIN
SEATED UNTIL THE VEHICLE COMPLETELY STOPS" and "NO EATING, NO
DRINKING, NO MUSIC" and the "OPERATORS NAME and "OPERATORS ID
NUMBER" and `BUS NUMBER" and a "TELEPHONE NUMBER" to register
complaints, comments and suggestions. The signs will be installed and maintained inside
each vehicle in full view of all passengers. A "No Stroking" policy shall be enforced.
Other signs may be requested by the City.
15. Vehicles - The operator will be expected to provide five (5) twenty-five foot (25') Starcraft
Allstar buses, or vehicles of equivalent or greater value and quality, for the dial -a -ride
service to provide trips for both same -day service, as well as, trips being scheduled one or
more days in advance. One of the five Contractor provided vehicles is considered to be a
spare to be available when a regular vehicle is taken out of service. These vehicles seat
sixteen (16) ambulatory passengers, plus two (2) passengers using wheelchairs. Each
vehicle will be equipped with the DriveCam video monitoring system.
1 G. Dispatch System. Contractor shall employ an automated dispatching system at least equal
in performance to the Trapeze Windows PASS system. The system shall be capable of
supporting subscription services, day -ahead reservations, and real time reservations.
17. Dial -a -ride applications— The Contractor shall establish a regular schedule to pick-up Bial-
a -ride applications received at the City office at least on a weekly basis and processed
within (3) business days.
18. Advertisement —The City will be exploringtbe opportunity to advertise City programs and
events, as well as entrepreneurial and/or private ventures that would benefit the City.
Should these endeavors result in revenue generation, all such advertisement revenues, from
advertising on/in the vehicles, including any electronic, print, etc, advertising shall belong
to the City. Contractor shall fully cooperate with all activities associated with advertising
displays as instructed and facilitated by the City, which shall be made at City's sole
expense.
19. All vehicles and equipment shall conform with all applicable laws, includuig without
limitation, the Federal Motor Vehicle Safety Standards, California Vehicle Safety
Standards, California Vehicle Code, and California Administrative Code, Title 13 and the
California Highway Patrol Motor Carrier Safety Regulations. The Contractor is required
to obtain and affix a certification to each vehicle, which certifies that each unit meets or
exceeds all state and federal requirements as of the date of manufacture. The Contractor
shall participate in and comply with the DMV Pull Notice Program. The Contractor shall
pay for all applicable license fees for drivers, other personnel and vehicles.
D. INSPECTION
1. The City reserves the right to inspect, examine and test, or cause such inspection,
exannination or testing of any dedicated vehicle and/or its equipment at any time to assure
the compliance with all applicable laws and this Agreement. The Contractor shall transport
any vehicle providing Services under this Agreement to a City -designated inspection
facility at the Contractor's expense upon the City's request. Each vehicle, at nrinimurn,
must be inspected amorally by the CHP (California Highway Patrol) and/or by any other
agency at the frequencies required by State law.
The City may also inspect the vehicles. The City shall be notified of inspections performed
by a governmental agency other than the City, which meet or exceed the criteria for
inspection established by the City. The results of those inspections shall be transmitted to
the City.
2. Upon request by the City or any regulatory agency, the Contractor shall immediately
remove from service, and replace or repair any equipment or vehicle, which is deemed
inadequate or defective as a result of mechanical failure or non-compliance of the Vehicle
Specifications.
This agreement does not provide for the lease of vehicles by City from Contractor.
Contractor shall be solely responsible for procuring by purchase, lease, rental or other means,
sufficient vehicles to perform the provisions of this Agreement. City shall provide two (2) City
owned alterative fuel buses as back-ups for fixed route services.
SERVICE ADJUSTMENTS
The City reserves the right to adjust service at any thee. Modifications to services may
include, but are not limited to, extending, deleting, or adding routes, or parts of routes, and
expanding or decreasing revenue hours. In the event actual annual revenue hours fall below eighty
percent (80%) or exceed one hundred twenty percent (1201/o) of the total projected annual revenue
hours, the parties agree to meet promptly to negotiate a revised unit cost per revenue hour with the
Contractor.
G. OFFICES
The Contractor shall provide an office open to the public at least five days per week, four
hours per day between the hours of 9 am and 6 pm. This office may be located at 11747 Valley
Blvd., El Monte, CA, or an alternate location that is equal in distance, or closer, to West Covina
City Hall. Contractor shall use City Yard as the origin and termination point for all billable
Services under this Agreement, and not the offices described in this section.
H. DOCUMENTS PROVIDED BY THE CONTRACTOR
The Contractor shall provide the City with the following documents throughout the term
of this Agreement:
1. Written vehicle nispection check lists in the form set out by the City;
2. Wheelchair lift certificates;
3. Driver and dispatcher training manuals, as requested;
4. Certificates of insurance as required by Article 7;
5. Monthly performance reports as required by the City;
6. Unusual occurrence and all accident and injury reports, which shall be submitted
within twenty-four (24) hours of the occurrence, including but not limited to, any
"unsatisfactory" rating in a California Highway Patrol inspection program;
7. All data reports/infonnation required by the RFP; and
8. Any additional information as may be required by other government agencies.
I. PERSONNEL
1. Contractor's personnel
The Contractor shall be solely responsible for the satisfactory work performance of
all employees as described by the RFP or any reasonable performance standard established
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by the City. The Contractor shall be solely responsible for payment of all employees' wages
and benefits and subcontractors' costs. Without any additional expense to the City, the
Contractor shall comply with the requirements of employee liability, worker's
compensation, employment insurance and Social Security. The Contractor shall hold the
City harmless from any liability, damages, claims, costs and expenses of any nature arising
from alleged violations of personel practices. The City shall have the right to demand
removal from the program, for reasonable cause, of any persomlel furnished by the
Contractor. The City must be notified promptly of new hires or reassigmnents of program
personnel.
Contractor shall include resumes and references of personnel assigned to West
Covina program who will play critical roles in the provision of service. A responsible
(Program Manager) senior level employee of the Contractor must be available at all times,
either by telephone or in person, to make decisions or provide coordination as necessary.
The Project Manager and Route Supervisor shall not regularly perform the duties as a
driver or back up driver at any time during this contract. The Project Manager and Route
Supervisor may on occasion help fill in where needed on unexpected emergency events
such as ilhiesses or absences until a cover driver has arrived to assume the duties of the
regularly scheduled driver which should not exceed 3 hours. In addition, when such an
emergency occurs, the City shall be immediately notified and informed of when the cover
driver is expected to arrive and also when he or she has arrived and the Project Manager
and Route Supervisor have returned to their regular duties.
2. Vehicle Operators
Vehicle operators shall work on a schedule that will ensure a consistent and overall
high quality of service. The Contractor shall require all vehicle operators providing services
under this Agreement to provide consent for, and submit to, Live Scan fnngeiprinting. The
City will conduct Live Scan fingerprinting at the City of West Covina Police Department,
and bear all costs associated with this requirement. The City shall have the authority to
deny an operator from providing services under this Agreement based on the results of said
Live Scan report(s).
Vehicle operators shall pass a thorough background investigation, which shall
verify the operators' qualifications, including proof they possess at least a valid California
Class 11 or Class B (with appropriate endorsements) Driver's License and Medical
Examination Certificate, and CPR Certification, as well as, any other licenses required by
applicable federal, state and local regulations. All vehicle operators must meet the
minunnu m standards listed below:
Not having been convicted of driving while intoxicated or under the influence
of controlled substances within the preceding five years, or not have criminal
charges pending for an offense for driving while intoxicated or under the
influence of controlled substances.
b. Not be addicted to the use of alcohol or controlled substances.
c. Not be subject to outstanding warrants for arrest.
d. Able to read, write and speak English. Bilingual skills in Spanish or other
languages are highly desirable.
e. Thorough knowledge of the service area street network.
f. Sensitive to passengers' needs, including assisting passengers, upon their
request.
g. Able to handle complaints and problems as required.
Vehicle operators must be trained in all operational procedures relating to the
system. Training must include techniques for dealing with the public in a helpful and
courteous manner, basic information about the route and the City of West Covina, and
sensitivity and empathy training directed towards the needs of elderly and disabled
passengers, in compliance with the Americans with Disabilities Act. Contractor shall
describe how it will maintain an ongoing employee safety and training program.
Vehicle operators shall be trained to operate all types of vehicles, wheelchair lifts,
ramps, and securing all systems, as well as, other equipment, which they may be expected
to use in the dial -a -ride and/or fixed -route sen ices. This requirement pertains to all vehicle
operators, both regularly assigned and relief vehicle operators.
VA71iile performing their duties on the route, vehicle operators must maintain a clean
and neat appearance and must be in a uniform acceptable to the City. Uniform shall include
both shirt/blouse and slacks. Operators shall wear nametags with an identification number
dedicated to that sole driver, clearly displaying their names while performing their duties.
While jackets and hats are not required, they should, if wom, match the uniform, and
jackets should display the drivers' nine tag and id number.
The Contractor shall conduct pre -employment DMV (Department of Motor
Vehicles) checks of all personnel hired for service and shall join the California DMV Pull
Notice Program, whereby the Contractor shall be notified of any activity on a vehicle
operator's driving record. Any operator exceeding the California DMV point system or
with a revoked or suspended license will not be allowed to operate the City's service.
Contractor shall notify the City of the results of these checks and whatever corrective
actions taken, if any. Any vohultary drug testing and/or surveillance efforts on the part of
the Contractor shall be described in the proposal and explained to vehicle operators.
The Contactor shall have capable and courteous personnel who are responsible for
taking dial -a -ride requests and responding to telephone inquiries regarding transportation
services. Bilingual (Spanish) or other languages dispatchers are highly desirable.
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3. Maintenance Staff
The Contractor shall supply a sufficient number of properly qualified personnel to
maintain and service all Contractor -provided equipment to provide services at the level
agreed to herein.
The Contractor shall ensure all mechanics are properly trained in the operation and
maintenance of the vehicles and equipment specified in the scope of the program. The
Contractor shall provide mechanics with ongoing training in order to keep abreast of new
maintenance techniques and equipment. The total number of annual training hours required
for each mechanic shall be specified in the proposal.
J. GENERAL VEHICLE EQUIPMENT
The Contractor shall provide the appropriate number of vehicles with the available capacity
to meet the needs of the City. All vehicles must satisfy ADA requirements. If Contractor wishes
to provide different vehicles, they shall describe the proposed fleet in detail, showing how the fleet
meets ADA requirements and the service needs of the City.
All vehicles, and vehicle equipment required by this RFP shall be maintained by the
Contractor in good repair and in a condition satisfactory to the City. The Contractor shall assume
all responsibility for the proper maintenance of the vehicles.
It shall be the expressed responsibility of the Contractor to assume all coordination with
the original manufacturer of the vehicles if necessary to keep the vehicles in safe and good
operating condition. This shall include negotiating and processing all vehicle warranty claims
through the manufacturer's own warranty department, and is responsible for collection of any
monies, extended warranties, or credits as a result; for the length of time the warranty is in effect.
The extent of the proposed preventive maintenance program shall be an important
consideration in the selection of the Contractor. Each vehicle must receive a daily pre -trip
inspection by the operator prior to being placed in service. Daily pre -trip inspections must be
supplemented by regular time and mileage maintenance inspections to ensure safe and proper
operating condition of vehicles. A record of all such inspections shall be kept by Contractor and
made available to the City.
Preventive maintenance inspections must be performed in accordance with manufacturer
recommendations but shall not exceed every three thousand (3,000) miles for an "A" inspection.
A "13" inspection shall be performed at every six thousand (6,000) miles and a "C" inspection shall
be performed every eighteen thousand (18,000) miles and a "D" inspection at every thirty-six
thousand (36,000) miles. The Contractor shall be responsible for correcting all deficiencies found
during these inspections.
Preventive maintenance inspections and servicing shall occur not less than every three
thousand (3,000) miles. The Contractor shall specify the preventive maintenance program for all
vehicles used in this service.
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A mechanic/certified driver must inspect each vehicle after it completes its daily service to
ensure all lights are functioning, all seating is secure and that all tires, wheels, lugs, air brake
systems, wheelchair lifts and exit doors are in proper operating condition.
Prior to beginning operations, the Contractor will be required to provide painting and
current City of West Covina logo and design for each vehicle utilized in the fleet. The City of
West Covina will provide the paint color -scheme and logo design for each of the services.
K. VEHICLE FACILITIES
The Contractor, with the cooperation of the City, shall provide and maintain
appropriate vehicle storage facilities at an appropriate facility(ies) provided by the
Contractor. The facility(ies) shall be located within reasonable proximity of the City's
yard, specifically at 11747 Valley Blvd., El Monte, CA, or an alternate location that is
equal in distance, or closer, to West Covina City Yard. Contractor shall use City Yard
as the origin and termination point for all billable Services under this Agreement,
Contractor may use facility outside of the City limits only if travel time is not included
in billable service hours. The Contractor shall indicate what actions will be taken to
perform services in those site(s) prior to the start of service.
.Contractor will have access to the City Yard at 825 South Sunset Avenue to wash
vehicles and feel vehicles. Contractor shall be responsible for the conduct of all
Contractor employees while those employees are present in the City Yard.
2. At all times, the Contractor shall maintain all components of each vehicle including its
body, flame, wheelchair lift, furnishing, mechanical, electrical, hydraulic or other
operating systems in proper working condition free from damage and malfunction. The
Contractor shall replace and repair immediately any vehicle damaged in any accident
or otherwise damaged which impairs the proper and safe mechanical operation of the
vehicle.
3. Recognizing that the safety of the passengers is paramount, the Contractor's
maintenance staff shall not:
a. Install mismatched tires;
b. Perform partial brake relines without determining the cause of abnormal or
premature wear;
c. Allow tires to wear more than 3/32 tread depth;
d. Replace a dead battery without testing charging system to ensure the battery
will not go dead due to system malfunction;
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e. Pail to ensure on a daily basis that each vehicle is in proper condition to pass
all scheduled and unscheduled inspections; and
f. Allow any reported wear item to go unrepaired that would not hold up until
the next scheduled inspection. The emphasis must be on preventing
breakdowns.
4. The Contractor, at its sole cost and expense, shall maintain stores of and provide
lubricants, repairs, parts and supplies required for the maintenance and operation of all
vehicles utilized in providing services.
5. The Contractor shall maintain an individual file for each revenue vehicle to include
date of action and all preventive maintenance functions including warranty work and
any other pertinent maintenance data, including but not limited to fuel, lubricants and
other fluid use.
6. The Contractor shall dispatch a spare vehicle in the event of a vehicle breakdown. The
maximum allowable response time, from the moment a trouble call is received until a
substitute vehicle arrives will be established by the City.
7. The Contractor shall obtain and maintain a two-way radio communications system, or
cellular phone with adequate and demonstrated cellular reception coverage in the
service areas subject to this Agreement, for both the fixed -route and dial -a -ride vehicles
that will allow for the timely and efficient dispatching, coordinating and responding to
service calls. The system may be of the Contractor's choice.. Operators shall utilize a
hands free system while operating vehicle. The radio or cellular communication system
must cover the routes of service, storage and maintenance facilities and the dispatch
location without dead spots. Each revenue service vehicle, as well as, each
administrative vehicle shall have the communication system operational.
9. The Contractor shall ensure that the requirements and procedures for towing buses are
followed and the proper towing equipment is used. Towing may be subcontracted;
however, it is the Contractor's responsibility to supervise the subcontractor. The
Contractor shall notify the City of all accidents, both by telephone (within four hours)
and in writing (by the close of the next business day).
L. OPERATIONAL EMERGENCIES
The Contractor shall be responsible for the enforcement of policies with regard to
operational. emergencies. The City may revise or establish additional policies. The Contractor
shall be responsible for the handling and resolution of all operational emergencies and
contingencies including, but not limited to, the following:
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Hazardous Conditions
Vehicle operators shall report all hazardous road conditions (i.e., downed trees, missing
bus signs, graffiti on bus benches, malfunctioning signals, etc.) in the City to the
Contractor's supervisor. Contractor, in tuna, shall immediately notify the City of such
conditions and shall take necessary precautions to safeguard passengers and personnel.
2. In -Service Vehicle Failures
The Contractor shall require the vehicle operators to report any in-service vehicle
failure to the Contractor's supervisor. The supervisor will attempt to ascertain the
problem, use good judgment, and instruct the vehicle operator to take appropriate
corrective action. If necessary, the supervisor will immediately send a spare vehicle to
the location and the operator and passengers will change vehicle and continue in
service. The Contractor, if necessary, shall send a mechanic to the location in order to
take corrective measures and/or supervise the towing of the vehicle. The Contractor
shall report any in-service vehicle failures to the City immediately and not later than
the start of the next service day.
3. Wheelchair Lift Failure
The Contractor shall be responsible for the proper operation and maintenance of all
wheelchair lifts. The Contractor shall require vehicle operators to report all in-service
lift failures to the Contractor's supervisor. If the lift fails while attempting to board a
wheelchair passenger, the supervisor shall promptly arrange for alternate transportation
for the passenger in the wheelchair inconvenienced by the lift breakdown. If the lift
fails while attempting discharge of a wheelchair passenger, the operator shall manually
operate the lift and notify the supervisor. The supervisor shall arrange a vehicle change
as quickly as reasonably possible following any lift failure. The Contractor shall report
all in-service lift failures to the City no later than the start of the next service day.
4. Passenger Disturbances
The Contractor shall instruct vehicle operators to report nonpayment of fares; graffiti
or other vandalism on the vehicles; pushing, shoving and other disturbing or dangerous
conduct; and other serious passenger disturbances to the vehicle operator's supervisor.
The supervisor shall use good judgment in handling the passenger disturbance by
appraising the situation, issuing appropriate instructions to the operator and request law
enforcement assistance if necessary.
5. Medical Assistance to Passengers
The Contractor's employees shall use good judgment in responding to passenger
accidents, injuries, or illnesses occurring on the vehicles. In the event of a passenger
requiring medical assistance, the vehicle operator shall immediately advise the
Contractor's supervisor by radio of the situation and location of the vehicle, and the
supervisor shall notify the City of West Covina's Fire Department/Paramedics for
assistance. An incident report shall be completed documenting the incident with a copy
to the City no later than the start of the next service day.
6. Accidents
The Contractor shall require all vehicle operators to report any accident or incident
involving the vehicle to the Contractor's supervisor. The supervisor shall use good
judgment in handling the situation, and shall immediately notify police or fire
department if necessary. The supervisor shall report all accidents to City by telephone
inunediately. Both the operator and supervisor will complete an accident report
approved by City with copy to the City no later than the start of the next service day.
The Contractor shall submit all accident -related reports to the DMV as required.
M. SPECIAL SERVICES
Special services, beyond those set forth in Contract Documents, will be provided by
Contractor upon request by City's authorized employees as follows:
1. When additional services fall entirely within normal service hours and City directs that
normal operating personnel should be used to provide the additional service, such as
part of the regular cost defined in Exhibit `B" and are not considered "extra services"
City recognizes that an equivalent lower level of service. will be provided in normal
operations during the period of such additional services.
2. The Contractor from time to time will be required to provide special event -related
services. Special event service may vary from year to year and shall be billed at no
more than the fixed -route revenue hour rate.
ARTICLE 6
INDEMNITY
The Contractor does hereby indemnify and hold the City and the Los Angeles County
Metropolitan Transportation Authority (herein referred to as "LACMTA"), their appointed and
elected officials, agents and employees free and harmless fiom any and all actions, suits, claims,
damages to persons or property, loses, costs, penalties, obligations, errors, negligence, omissions
or liabilities including but not limited to attorney's fees (herein "claims or liabilities") that may be
asserted or claimed by any person, firm or entity arising out of the activities of the Contractor or
its officers, agents, or employees in correction with this Agreement (including use or servicing of
vehicles) or arising from the Contractor's acts, negligence or omissions hereunder or its failure to
perform any term, provision, covenant or condition of this Agreement, and in connection
therewith.
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1. The Contractor shall defend any action or actions filed in connection with any of the
said claims or liabilities and shall pay all reasonable costs and expenses, including
legal costs and attorneys' fees incurred in connection therewith;
2. The Contractor shall promptly pay any final judgment rendered against the City and
the LACMTA, its officers, agents or employees for any such claims or liabilities
arising directly out of or in connection with the activities of the Contractor hereunder;
and
3. The Indemnity set forth in this Article 6 shall not apply in the case of claims arising
fiom acts of third parties or the City.
The provisions of Article 7 of this Agreement shall not be deemed to satisfy the indermiity
obligations of the Contractor pursuant to this Article 6.
ARTICLE 7 - INSURANCE
LIABILITY INSURANCE
With respect to performance of work under this Agreement, Contractor shall maintain, and
shall require all of its Subcontractors maintain, during the He of this Agreement, insurance as
described below. All insurance policies shall be issued by an admitted insurer or insurers as defined
by the California Insurance Code or an authorized surplus liens carrier listed in the State of
California Department of Insurance "Leslie List". Said carrier(s) shall have a Bes;V s rating of no
less than "A-".
The insurance shall be satisfactory to the City Attorney and shall be evidenced by delivery
to the City Clerks office of a certificate of insurance executed by the insurers listing coverage and
limits, expiration dates and terms of policies, all endorsements whether or not required by the City,
and a certified copy of each policy, including all endorsements. Without limiting Contractor's
liability pursuant to the hold hannless and indemnity provisions of the contract, Contractor shall
maintain, at a minimurn, the insurance listed below:
A. Worker's Compensation Insurance
1. The Contractor shall maintain Workers' Compensation Insurance with statutory limits
and Employers Liability Insurance with limits of not less than $1,000,000 per nicident.
Such insurance shall comply with all applicable state laws.
2. Contractor shall provide the City with a Certificate of Insurance showing proof of
insurance acceptable to City. Certificates containing wording that release the insurance
company from liability for non -notification of cancellation of the insurance policy is not
acceptable.
3. An endorsement stating the City shall receive at least thirty (30) days notice prior to
cancellation or non -renewal of coverage.
4. Policy(s) are to be endorsed to include a waiver of subrogation against the City, its
officers, officials, agents and employees. Contractor and its employees are independent
Contractors and not employees of the City. Contractor and/or its insurers are responsible
18
for payment of any liability arising out of "Workers' Compensation, unemployment or
employee benefits offered to its employees.
5. City shall not be responsible for any increases in Workers' Compensation costs incurred
by Contractor in any future scenario.
6. The insuring provisions, insofar as they may be judged to be against public policy, shall
be void and unenforceable only to the minimum extent necessary so that the remaining
terms of the insuring provisions herein may be within public policy and enforceable.
B. Liability Insurance
Commercial General Liability and Property Damage: The Contractor shall maintain
insurance for protection against all claims arising from injury to person or persons not
in the employ of the Contractor and against all claims resulting from damage to any
property due to any act or omission of the Contractor, his agents, or employees in the
operation of the work or the execution of this contract. Such insurance shall include
products/completed operations liability, owner's and Contractor's protective, blanket
contractual liability, personal injury liability, and broad form property damage
coverage. City shall not be responsible for any increases in insurance costs incurred by
Contractor in any future scenario. The minimum shall be as follows:
• Bodily Injury (Injury or Accidental Death) and Property Damage (per occurrence)
$5,000,000 Combined Single Limit.
Commercial Automobile Public Liability and Property Damage: The Contractor shall
maintain Automobile Public Liability and Property Damage Insurance for protection
against all claims arising from the use of vehicles, owned, lured and non -owned, or any
other vehicle in the completion of the work included in this contract. Such insurance
shall cover the use of automobiles and tucks on and off the site of the project. City shall
not be responsible for any increases in insurance costs incurred by Contractor in any
future scenario. The minimum amounts of Automobile Public Liability and Property
Damage Insurance shall be as follows:
• Bodily Injury (Injury or Accidental Death) and Property Damage (per Occurrence)
$5,000,000 Combined Single Limit.
Additional Insured. The General Liability and Auto Liability policy(s) are to contain, or
be endorsed to name the City and LACMTA, its officers, appointed and elected officials,
agents, and employees as Additional Insured as respects the liability arising out of the
activities performed in connection with this Agreement. The coverage shall (a) be
primary with respect to any insurance or self-insurance programs maintained by the
City, (b) shall apply separately to each insured against whom claim is made or suit is
brought, except vith respect to the limits of the insurer's liability; and (c) contain
Standard Cross -Liability provisions. Such additional insured endorsements maintained
by the Contractor and its Subcontractors shall not be required to provide coverage to the
City for the active negligence of its members. Original endorsements, signed by a person
authorized to bind coverage on its behalf, shall be furnished to the City by the Contractor
4. Deductibles and Self -insured Retention. Any deductibles or self -insured retention must
be declared to, and approved by, the City. Contractor shall declare the deductible chosen
and state as part of its Proposal. At the option of the City, either the insurer shall reduce
or eliminate such deductibles or self -insured retention as respects the City, its officials,
employees, agents, and Contractor's; or the bidder shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense
expenses in an amount specified by the City.
C. Certificates of Insurance
1. Contractor shall furmish properly executed Certificates of Insurance with original policy
endorsements to City prior to commencement of work under this agreement. The
certificates and endorsements shall clearly evidence all coverage requirements described
herein. The Certificates and endorsements for each insurance policy are to be signed by
a person authorized by that insurer to bind coverage on its behalf.
2. All certificates and endorsements are to be reviewed and approved by the City Attorney
before work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
3. Separate endorsements are required, naming the City and the LACMTA as additional
insureds, for liability insurance and providing a waiver of subrogation for Workers'
Compensation Insurance.
4. Contractor shall maintain all insurance policies for the life of the Agreement, including
all subsequent renewals. Said insurance shall contain a provision that coverage afforded
under the policies will not be canceled unless and until thirty (30) days prior written
notice has been given to the City.
5. All insurance required by this Agreement shall be maintained by Contractor in full force
and effect for the entire term of this Agreement. If Contractor, for any reason, fails to
maintain insurance coverage, which is required pursuant to this agreement, the same
shall be deemed a material breach of contract. City, at its sole option, may forthwith
terminate this agreement.
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6. Original insurance certificates and endorsements are to be delivered to:
Mr. Scott Smilowitz
Community Services Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
ARTICLE 8
LICENSES, FEES, TAXES AND PERMITS
The Contractor shall have the sole obligation to pay whatever license fees, assessments and
taxes, including, but not limited to use, sales, property or other taxes on any real or personal
property, owned, leased or used by it in providing the Services hereunder, plus any applicable
penalties and interest imposed upon the Contractor by any agency as a result of the operation of
the Services pursuant to this Agreement. Contractor shall maintain a current business license with
the City during the term of this Agreement and any subsequent renewals.
ARTICLE 9
COMPENSATION TO THE CONTRACTOR
The City shall be responsible for and shall pay to the Contractor for the Services the
amounts due pursuant to the Schedule set forth in Exhibit `B" attached hereto and incorporated
herein by this reference. Contractor shall only bill for from first pick-up to last drop-off. No
"dead -head" (transportation of an employee who is not operating the vehicle to a location along
the path of the vehicle's route, including some deviation, for the employee's or employer's benefit)
time shall be billed to City. Individual invoices shall be sent in triplicate to the City within ten (10)
days after the end of each month. Billings not received within such time period are subject to a
late billing penalty of 2% at the sole discretion of the City.
The City shall pay the Contractor monthly after the service has been provided and within
a reasonable time after receipt of the invoice, consistent with the City's normal accounts payable
practices and procedures. At City's sole discretion, City may elect to exercise the "progress
payments" option offered to City by Contractor as defined by the Proposal. City may, but is not
required to, exercise the "progress payments" option immediately upon commencement of
Services, and may elect to exercise the option at any time during this Agreement and/or subsequent
renewals. Should City elect to use the "progress payments" compensation model, City may cease
utilizing the option and re -continence the program at any time after the completion of the preceding
billing cycle.
All operating revenues collected by Contractor in connection with the services rendered under this
Agreement are the property of City. Operating revenues include all fares, sales of tickets and
passes, advertising sales, and rental of equipment. Operating revenues shall be collected and
accounted for by Contractor, and shall be deducted from the monthly invoices.
ARTICLE 10
PERFORMANCE STANDARDS, LIQUIDATED DAMAGES AND PENALTIES
A. Operating Performance Standards
The Contractor shall operate vehicles with due regard for the safety, comfort and
convenience of passengers and the general public.
The City will set performance standards for its services. The Contractor and the City shall
meet periodically to evaluate performance of the system based upon these standards. If the
standards are not fulfilling their intended purpose, they will be adjusted based upon
recommendations made by Contractor with the concurrence and final decision by the City. Should
it be found that the Contractor's performance has contributed to Contractor's failure to achieve
these standards, Contractor shall take all reasonable actions requested by the City to correct
deficiencies in performiance.
Should deficiencies persist, the City may assess liquidated damages or penalties. Sums
owed to the City as liquidated damages or otherwise may be paid directly to the City or at the sole
option of the City, deducted from payments otherwise due to the Contractor.
The City Manager, or his/her designee, shall maintain the right to assess liquidated
damages or penalties against the Contractor, as set forth herein, based on the Contractor's failure
to meet the established standards. Circumstances beyond the control of the Contractor, causing the
Contractor to fail to comply with the stated performance requirement, will be considered as just
cause on the part of the City not to assess liquidated damages or penalties against the Contractor.
Service should be provided as scheduled or according to any adjusted schedule established
by the City, including route modifications required as a result of special events or a declared
emergency. The Contractor shall not be held responsible for the failure to provide on time service
due to weather or traffic conditions and/or naturally occurring disasters.
Notwithstanding the above caveat, the City may impose liquidated damages or penalties
on the following basis:
1. Customer service is very important in building ridership and support for this service.
Therefore, the fourth (and any additional) justified complaint about each service in
any 7-day period shall result in the Contractor paying a penalty $100 per substantiated
complaint.
2. The Contractor shall maintain satisfactory California Highway Patrol (CIiP) terminal
inspection throughout the life of the contract (proof of CHP certification is required).
If the Contractor receives an vnsadsfactory rating from the CHP, the Contractor shall
notify the City immediately and state what is being done to correct the deficiency. If
the vehicle operating authority falls tinder the California Public Utilities Commission
(PUC) and if the PUC revokes the permits to operate the vehicles in this service as a
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result of unsatisfactory inspection ratings by the CHP, the vehicles shall not operate
and a $500 per vehicle per day fine shall be assessed until a satisfactory inspection
report is obtained and the vehicle is again available for service.
The City reserves the right, at its sole discretion, to inspect and reject temporarily or
permanently by notice to the Contractor, any vehicle the Contractor utilizes which
the City deems unacceptable. In the event any revenue vehicle is rejected temporarily
by the City as a result of deficient vehicle condition or appearance, $500 per vehicle
per day shall be assessed until the condition is corrected. In the event any revenue
vehicle is rejected pennanently by the City as a result of the vehicle's conditions,
Contractor shall replace the vehicle and will be assessed $500 per vehicle per day
until the vehicle is replaced with one that is acceptable to the City.
4. If any regulatory agency or funding source penalizes the City for late, incomplete or
inaccurate data which was the Contractor's responsibility to collect and/or provide to
the City, the liquidated damages shall be the amount of the penalty and any
administrative costs incurred by the City.
5. In the event the Contractor fails to commence service on March 3.2014, (or a later
date with approval of City) or if Contractor fails to provide service for any substantial
part of any day, the Contractor shall pay the City liquidated damages of $1,000 for
each service day.
DIAL -A -RIDE PENALTIES:
1. If the wait time of any dial -a -ride trip has been verified to exceed 60 minutes; the
liquidated damages shall be $60.00 per incident plus $1.00 for every minute
thereafter; and $120.00 for the first 120 minutes for dial -a -ride plus $1 for every
minute thereafter.
2. If the wait time of a pre -scheduled trip has been verified to exceed 30 minutes, the
liquidated damages shall be $50.00 per incident; if it exceeds 45 minutes, the
liquidated damages shall be $75 per incident; and, if it exceeds 60 minutes, the
liquidated damages shall be $100 per incident.
3. If a trip request has been verified to be lost by dispatch, and no vehicle was dispatched,
the liquidated damages shall. be $100.00 per incident.
FIXED -ROUTE PENALTIES:
1. If the successful performance rate of the total wheelchair lift boardings falls below
90%, the liquidated damages shall be $100 per month. The percentage shall be
calculated based on monthly actual usage of the lifts by passengers, and regular
inspections by City staff;
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2. Adherence to Schedule: The following liquidated damages shall be imposed if, within
any 30-day period, any of the following incidents occur after the occurrence of two
substantiated incidents during the same thirty day period;
(1) If a trip on the fixed -route system departs in advance of the scheduled departure
time at any designated time point, the liquidated damages shall be $100 for every
10 minute increments; and
(2) If a trip on the fixed -route system is delayed for more than 10 minutes following
the time set forth for departure at any designated time point, the liquidated damages
shall be $100 per 10 minute increments. Exceptions will be granted if the trip had
more than two wheelchair boardings or deboardings. If a trip on the fixed -route
system is not provided, the liquidated damages shall be $500 per occurrence.
The Contractor must have sufficient telephone lines to handle the additional calls from
West Covina residents. The Contractor shall provide a Customer Service telephone line which
shall be a local (non -toll free) call from anywhere within the City of West Covina, to provide route
information and take dial -a -ride requests. One TDD phone must also be provided for persons with
hearing impairments. All personnel should be trained to respond accurately and professionally. All
comments and complaints shall be received by the City and referred to the Contractor who shall
respond the next working day with a description of any follow-up action taken or anticipated. The
Contractor must have a facsimile machine compatible with the City's. An answering machine may
be used to provide information outside of service hours. Voicemail greetings/recorded infornmation
must be available also in Spanish.
B. Personnel Performance Standards
Regularly assigned drivers or a trained back-up must be available and on -time to ensure
consistent and reliable service.
All personnel are responsible for knowledge of the service system design, the City of West
Covina, and route destinations. Project personnel must maintain a courteous attitude, answerig to
the hest of their ability any passenger questions regarding the provision of service. Personnel must
also report all passenger -complaints, as well as, operational and maintenance problems promptly
to the Proj ect Manager who shall forward the information to the City.
C. Fare Collection and Accountability
The City will determine the cash fare for the fixed route and dial -a -ride service. The City
reserves the right to change the fare or to issue passes, discount coupons or tickets to be used in
lieu of cash fares. The Contractor shall ensure that all drivers are aware of and adhere to the fare
structure.
All fares collected by the operators must be turned in each day to the Project Manager. This
revenue is to be counted, rolled and deposited each day. The Contractor will establish
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reconciliation procedures to safeguard any cash, tickets and coupons collected and will ensure that
they are accounted for accurately. The Contractor will provide the City with an invoice and the
City shall reimburse for actual services provided on a monthly basis. Only the City may decide
whether or not to allow advertising on the vehicles. If advertising is allowed, any revenue from
advertising on or in the vehicles will belong to the City.
D. Program Operational Records and Responsibilities
Records and reports should be consistent with all (Section 15) NTD reporting requirements,
as well as, all other reporting required by MTA. In addition, the City of West Covina may be
required to provide statistical information in order to comply with other grant and legislative
requirements. The City will use the information requested in this section to monitor and evaluate
the productivity of the service. Information must be submitted to the City according to the reporting
schedule to be established by the City. All reports shall be submitted to the City in a format
approved by the City. The Program Manager will prepare and submit to the City, with appropriate
back-up, no later than the, sixth working day of each month, a summmary report of operations and
activity for each type of transit service, which will include at least:
1. Daily totals of passenger counts, revenue hours, total hours, revenue miles, total miles,
farebox revenue, passenger types any other operating data collected, -documenting any
discrepancies in the reported number of passengers carried and the amount of fares
collected by the operator.
2. Passenger pick-up and drop-off times, and locations for the dial -a -ride service.
3. Operational problems, accidents, incidents and passenger complaints, and any actions
taken regarding these events. All passenger complaints shall be reported by phone to the
City immediately upon Contractor's receipt of complaint. Contractor must respond and
begin investigation of complaint fi nnediately. City shall be informed as to the time
needed for resolution of complaint. Resolution of customer complaint must be
submitted to the City immediately upon completion and no later than three business
days.
4. Results of documentation may indicate the need for changes in the level of service or in
operational or routing modifications. The provider shall cooperate with the City to
improve the transportation operation and maintain flexibility so that service
modifications may be implemented quickly.
5. If the Contractor does not provide required data, reporting, statistics and monthly billing
invoices for any or all services that is demanded by the City and the Los Angeles Count),
Metropolitan Transportation Authority (MTA) and the Authority within five (5)
business days, liquidated damages of $500.00 per day will be paid to the City or
deducted from the monthly billing owed to said Contractor.
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E. City Access to Records
The City, or any of its duly authorized representatives, employees, personnel or agents,
upon reasonable written notice, shall have access, for the purpose of audit and investigation, to
any and all original books, documents, papers and records of the Contractor which pertains to this
Agreement. Said original books, documents, papers and records must be retained by the
Contractor in the Southern California Region for three years following final payment under the
contract.
F. Marketing/Public Outreach/Advertising
The City shall be responsible for public relations, as well as, the production of schedules
and marketing and other promotional materials, therefore, these costs should not be included in
the proposal.
The Contractor must refer all media requests to the City and may not provide any
information without prior approval by the City.
The Contractor shall cause drivers and supervisors to cooperate and comply with
reasonable requests by the City to distribute notices, schedules or other promotional materials to
passengers in connection with the services provided. The City may also request the Contractor's
personnel to collect data from passengers by handing out survey forms.
The Contractor shall participate in the City's special events such as the City's Earth Day
Celebration, Red Ribbon Rally, etc. as requested by the City. These events may require the
Contractor to display service vehicles in addition to providing manpower for a display booth for
distributing brochures regarding the City's transit services.
G. Operating During a Declared Emergency
Upon declaration of any emergency by the City Manager or his/her designated
representative, the Contractor may be responsible for a number of transportation -related activities,
including the development of emergency travel routes, and the coordination with other agencies
supplying common carrier services. In the event of a declared emergency, the Contractor shall
make available all program vehicles to the City, report to a designated City parking area
innnediately and deploy vehicles in a manner described by the Director of Community Services or
his designee as part of the City's Emergency Response Plan. The City shall be obligated to
compensate the Contractor for services that significantly exceeds the normal expense of operating
the service during such period of declared emergency. The Contractor shall be required to
document and maintain all emergency -related services as requested by the City and provide these
documents to the City at the declared conclusion of the emergency.
H. Price and Satisfaction Guarantee— Contractor Service Warranty
Contractor commits that its price and service model presented in its Best and Final Offer (Exhibit
"C") is valid and meets the services needs of the City of West Covina's Transit System (Fixed
Route and Dial -A -Ride). Furthermore, Contractor guarantees that its price to provide transit
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services to the City of West Covina will not exceed its Best and Final Offer, barring any changes
in the scope of work by the City. Contractor's not to exceed prices for the five-year agreement are
as follows, with the optional sixth and seventh year contained in the Best and Final Offer.
March 2014-2015
Fixed Route $623,983 (Hourly Rate of $53.56)
Dial -A -Ride $347,063 (Hourly Rate of $45.67)
Total $971,047
March 2015-2016
Fixed Route $623,776 (Hourly Rate of $53,54)
Dial -A -Ride $346,662 (Hourly Rate of $45.61)
Total $970,437
March 2016-2017
Fixed Route $635,177 (Hourly Rate of $54.52)
Dial -A -Ride $352,883 (Hourly Rate of $46.43)
Total $988,059
March 2017-2018
Fixed Route $645,220 (Hourly Rate of $55.38)
Dial -A -Ride $358,331 (Hourly Rate of $47.15)
Total $1,003,551
March 2018-2019
Fixed Route $655,908 (Hourly Rate of $56.30)
Dial -A -Ride $364,123 (Hourly Rate of $47.91)
Total $1,020,031
In addition, Contractor shall provide the following unconditional satisfaction warranty to the City:
In the event the Cite is dissatisfied with Contractor's service for any reason duriuzg the term of
the Agreement, the Cite niay terminate the Agreement. In the event the Agreement is so
terminated, Contractor will refund to the City any and all profts niarle by Contractor resulting
from this Agreement, duping the find 12 months during the period prior to the termination.
Furthermore, Contractor commits that its price is valid, and barring any changes in the scope
of ivorh, the company commits that its price will not change from its submitted cost proposal for
the period of this agreement and any extensions to this agreement.
Contractor Initials:
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ARTICLE 11
TERMINATION OR SUSPENSION
A. The City shall have the right to (i) forthwith terminate this Agreement, (ii) witliliold
payment to the Contractor, (iii) provide substitute service at the Contractor's expense, or
(iv) exercise any and all other remedies legally available to it in the event of:
1. The bankruptcy of the Contractor or assigrnnent by it for the benefit of its creditors.
2. • The failure or refusal of the Contractor to perform the Services in a satisfactory
manner after five (5) working days written notice by the City to the Contractor.
3. The failure or refusal of the Contractor to comply with applicable federal, state and
local govennrnent laws, codes, regulations or ordinances.
4. The failure to receive a "Satisfactory" rating within thirty (30) days of receipt of an
"Unsatisfactory" rating of any vehicle used in connection with the Services.
5. The failure -to notify the City of an "Unsatisfactory" rating of any vehicle used in
connection with the Services.
6. This contract may be terminated for convenience by the City without cause, in
whole or in part, by giving the Contractor thirty (30) days written notice of the
intent to terminate whenever the City determines that termination is in the best
interest of the City. Should the contract be terminated for convenience, the
Contractor shall be paid for all authorized services provided, including reasonable
charges for demobilization. However, the Contractor shall not be paid any
anticipated profit or fees for services not provided.
7. The abandonment or discontinuance by the Contractor of the Services without the
prior written consent of the City.
8. The continued violation on the part of the Contractor's agents or employees of
traffic laws, ordinances, and regulations.
9. The failure to maintain the whole, or any portion, of the Contractor's vehicles and
other equipment or facilities as required by this Agreement.
10. The failure of the Contractor to maintain the insurance coverage required herein by
Article 7.
11. Contractor violates any other material obligations contained hereunder.
B. If cancellation is due to any of the reasons specified in subsection (A) of Article 11 of this
Agreement, the City may offset damages incurred by it in accordance with Article 10.
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C. In the event the City terminates this Agreement as provided in subsection (A) Article 11,
the Contractor shall be entitled to receive payment for the pro rats share of the monthly
Services provided as of the time of cancellation of the Contract, subject to any offset, as
provided in Article 10.
D. Subject to the foregoing, including any remedy preferable to City provided in subsection
(A) Article 11, during the initial term and subsequent renewals, either party inay terminate
this Agreement without cause upon ninety (90) days prior written notice to the other party.
E. Notwithstanding the foregoing, during the initial term and any subsequent renewal terns,
pursuant to the Contractor's Satisfaction Guarantee (see Article 10, Sec. H.), City may
terminate this Agreement at any time if City is dissatisfied with the Services by providing
written notice to Contractor.
F. If for any reason the Services continue after the end of the last renewal term provided for
in this Agreement, the parties will continue to operate under the terms of this Agreement,
except that the tern for S ervices will be a month -to -month, and may be ternminated by either
party with fifteen (15) days prior written notice to the other party.
E. In the event this Agreement is tenninated by the City, all data prepared in providing the
Services shall be made available immediately to the City at the Contractor's sole expense.
F. Pending final resolution of a dispute hereunder, the Contractor shall proceed diligently with
the performance of Services under this Agreement
ARTICLE 12
ASSIGNMENT AND SUBCONTRACTING
This Agreement is made in reliance on the qualifications and responsibilities of the
Contractor and, therefore, the Contractor shall not assign, transfer or subcontract all or any part of
its obligations or benefits under this Agreement without the written consent of the City, which
consent shall not be unreasonably withheld. The Contractor acknowledges that the following non -
exhaustive list of requirements prior to authorizing an assigninent, transfer or subcontracting of all
or any part of this Agreement by the Contractor shall not be deemed -unreasonable: 1) requirement
of financial compensation from Contractor to City for the administrative and associated costs of
processing said assignment, transfer, or subcontract, in an amount not to exceed 3 months of billed
services under this Agreement; 2) cooperation with and facilitation of all communications,
meetings and document transfers, between City and proposed assignee, transferee, or
subcontractor necessary for City, at City's sole discretion, to determine the desirability of said
assignee, transferee, or subcontractor; and 3) ninety (90) days advance written notice of the
intention to assign, transfer, or subcontract all or any part of the Services or this Agreement,
commencing upon the extension of an offer by Contractor of said assignment, transfer, or
subcontracting to a third party, or entertainment of an offer from a potential assignee, transferee,
or subcontractor by Contractor, whichever shall first occur.
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The parties acknowledge and agree that this Agreement is not intended to he an exclusive
agreement for transit services for the City. The Contractor acknowledges that the City may award
or enter into additional agreements with third parties, including competitors of the Contractor for
transit services during the term of this Agreement.
ARTICLE 13
CHOICE OF LAWS
The laws of the State of California shall govem the interpretation and enforcement of this
Agreement.
ARTICLE 14
ASSISTANCE FROM CONTRACTOR
The Contractor shall participate with the City in the design and implementation of any
changes in the Services. The Contractor shall provide suggestions respecting scheduling and
routing to the City from time to time for the purpose of improving the overall Services.
The Contractor shall provide advice to the City in the marketing and promotion of the
Service and shall, at the request of the City, participate in marketing activities for the Service
without additional compensation.
ARTICLE 15
NOTICES
All notices pursuant to this Agreement shall be in writing and shall be effective upon (i)
personal delivery to the person to be notified or (ii) three (3) business days after the postmarked
date placed by the United States Postal Service or other carrier, including any lawful successor,
postage prepaid addressed as follows:
City: West Covina: Community Services Director
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
Contractor: Joe Escobedo, Sr. Vice President
MV Transportation, Inc.
5910 N. Central Expy, Ste. 1145
Dallas, TX 75206
With copy to: Office of the General Counsel
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City's General Counsel West Covina City Attorney
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
Contractor's
General Counsel: Patricia McArdle
Associate General Counsel
5910 N. Central Expy., Suite 1145
Dallas, TX 75206
ARTICLE 16
SAFETY PROGRAM
The Contractor shall provide regular and continuous formal safety instructions and training
to all employees providing Services under this Agreement. Personnel assigned to the Services
shall be. required to attend safety meetings scheduled at a minimum of four (4) times per year.
Certifications of attendance at these meetings shall be sent to the City not later than thirty (30)
days after each safety meeting. Copies of training manuals and materials shall be sent to the City,
for review purposes, describing the content and scope of the safety program. Certification of
Completion of Training shall be sent to the City for all employees no later than ten (10) working
days after training has been completed.
ARTICLE 17
PROPOSITION "A" & "C" AND MEASURE "R" FUNDING
The funding source for the Service is the City's Proposition "A" &"C" and Measure "R'
funds. In the event these funds become unavailable in the amount anticipated, the City shall have
the right to reduce or terminate this Agreement upon thirty (30) days written notice to the
Contractor. The Contractor shall be entitled to compensation for all Services provided up to the
date of termination.
ARTICLE 18
FORCE MAJEURE
The parties to this Agreement agree that neither shall be held responsible for losses, delays,
failure to perform, or excess costs caused by events beyond their control. Such events include, but
are not restricted to the following: Acts of God, fire, epidemics, earthquakes, flood or other natural
disasters, riots, strikes, war, civil disorder, or unavailability of fuel. A party wishing to have its
obligation hereunder suspended or excused for Force Majeure shall notify the other party of the
existence of Force Majeure by telephone or by fax as soon as reasonably possible after the
occurrence of the cause or event constituting Force Majeure.
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ARTICLE 19
[INTENTIONALLY LEFT BLANK]
ARTICLE 20
ATTORNEY'S FEES
Should any litigation be connnenced between the parties hereto to interpret or enforce the
provisions of this Agreement, including an action for declaratory relief, the prevailing party shall
be entitled to reasonable attorney's fees, court costs and necessary disbursements, in addition to
any other relief to wluch it may be entitled in law or equity.
ARTICLE 21
SEVERABILITY
If any tern, condition or covenant of this Agreement, or the application hereof to any
person or circurnstance shall be invalid or unenforceable, the remainder of this Agreement, other
than those paragraphs held invalid or unenforceable, shall be unaffected thereby and each
remaining term, covenant or condition of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first written above.
Date: CITY OF WEST COVINA
By
Steve rt, Mayor
Date: 2.( ('S 113 MV Transportation, Inc.
By
Joe E obe . Sr. Vice President
Date: t2 j(�' / MV Transportation, Inc.
A T
Nickolas St.y eXiis,)City Clerk
APPROVED AS TO FORM
lw� A'i/ig-
Ari old Alvarez-Gla ran, City Attorney
W.C. Pihl, Executive Vice President
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