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HomeMy WebLinkAbout1991-08-13 - AGENDA REPORTS - SC VALLEY DIAL A RIDE SERVICES (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: August 13, 1991 INTERIM C( AGING FOR Public AGENDA REPORT City Manager Item to be pre; John E. Medina WITH SANTA CLARITA VALLEY COMMITTEE ON IDE SERVICES The City Council in its meeting of June 25, 1991 directed the Mayor to execute a contract with ATE Management and Services Company/Ryder for the operation and maintenance of local, commuter and Dial -a -Ride services. Council also directed that the existing contract with the SCVCOA be extended until assumption of services by ATE Ryder. The date set for initiation of Dial -a -Ride services by ATE Ryder is November 4, 1991, to allow the contractor sufficient time to obtain equipment. The S'CVCOA has agreed to continue providing Dial -a -Ride services until November 2, 1991 at the existing hourly rate. Approve the attached contract with the Santa Clarita Valley Committee on Aging for the provision of Dial -'a -Ride services and direct the Mayor to execute the contract. I ATTACHMENT Agreement for Dial -a -Ride Services I DARSVCS MP:gmm agenda Item: AGREEMENT This Agreement is made and entered into this �� day of ?JLC 1991, by and between the City of Santa Clarita, hereinafter referred to as "CITY", and the Santa Clarita Valley Committee on Aging 'Corporation, hereinafter referred to as "CONTRACTOR": WHEREAS, CITY and CONTRACTOR agree that it is in the public interest to continue existing paratransit service for the elderly and handicapped residents of the City and selected unincorporated areas of Los Angeles County in the Santa Clarita Valley and to provide paratransit service to the general public, using the same vehicles, and within the same areas, at hours which do not compete with other forms of public transportation, as defined in Appendix B, hereinafter referred to as 'SERVICE"; and WHEREAS, CITY is willing to fund the public cost of SERVICE from July 1, 1991 through November 2, 1991 using CITY's Proposition A local return funds. NOW, THEREFORE, CITY and CONTRACTOR agree as follows: 0 1. Scone of SERVICE. A. CONTRACTOR shall furnish SERVICE to elderly (60 years or older) and eligible handicapped persons and their escorts residing in the Santa Clarita Valley identified as SERVICE area in Appendix C and according to SERVICE requirements and performance standards defined in Appendix B subsection (1). Such SERVICE shall be provided to any destination within the SERVICE area on any operating day or days. during the term of SERVICE. B. CONTRACTOR shall furnish .SERVICE to members of the general public residing in the Santa Clarita Valley identified as SERVICE area in Appendix C and accordingto service requirements and performance standards defined in Appendix B subsection (1). Such SERVICE shall be provided to any destination within the SERVICE area on any operating day or days during the term of SERVICE. 2. Term of SERVICE. The term of SERVICE under this Agreement shall be from July 1, 1991 through November 2, 1991. 3. Routing and Scheduling. CITY and CONTRACTOR have cooperatively established SERVICE area and requirements within CONTRACTOR'S available transportation capacity as described in Appendix B. If it is determined that SERVICE may be improved by revisions to scheduling, vehicle assignment or areas served, CITY and CONTRACTOR shall plan and institute such changes jointly upon mutual consent within the terms of this Agreement -2- 0 4. Fares. A. CONTRACTOR shall collect a fare of fity cents ($0.50) per one-way ride from each elderly or eligible handicapped rider who is a resident of the Santa Clarita Valley according to the requirements and performance standards specified in Exhibit B. Escorts of the handicapped shall not be charged a fare. The fares shall be retained by CONTRACTOR to partially fund its operating costs.. CONTRACTOR shall, upon request of CITY, accept passes or vouchers issued by CITY or the County of Los Angeles, hereinafter referred to as "COUNTY", in lieu of the cash fares specified herein. B. CONTRACTOR shall collect a fare of one dollar ($1.00) per one way ride from each general public rider who is a resident of the Santa Clarita Valley according to the requirements and performance standards specified in Exhibit B. The fares shall be retained by CONTRACTOR to partially fund its operating costs. 5. Payment for SERVICE. CITY agrees to pay, upon receipt of claim by CONTRACTOR and documentation thereof, for the cost of SERVICE at a rate of $25.07 per vehicle -hour. Cost of SERVICE shall include the costs of marketing the program, providing, operating and maintaining vehicles, drivers, dispatchers and other personnel, insurance and direct administrative overhead. Vehicle -hours for payment purposes shall be defined as the actual number of hours for which SERVICE is provided during the hours in which SERVICE is required, in Appendix B, to be available. Driver's daily logs shall be used to verify actual hours of operating. Actual fares collected will be subtracted from the resulting sum due for vehicle -hours of SERVICE. The actual total vehicle -hours of SERVICE required under this Agreement from MICZ 0 i July 1, 1991 through November 2, 1991 is estimated to range between 5,000 and 6,300 hours. In no event may the SERVICE exceed 7,000 hours. Any provision of SERVICE over 7000 = hours shall only be compensated by the collection offares, as specified herein, and CITY shall not pay for any hours over 7,000, except by written amendment to this Agreement, executed by both parties. 6. Claims for SERVICE. CONTRACTOR shall submit claims for payment along with the Monthly Service Report, driver's daily logs and documentation of claim in the form and number required by CITY, within 15 days of the end of each month during which SERVICE was provided. Subject to acceptance and approval by CITY, payment will normally be made within 30 days of approval. 7. Permits and Licenses. CONTRACTOR shall secure and maintain all permits and licenses required by law for the execution of SERVICE under this Agreement. 8. Marketina. CONTRACTOR shall promote SERVICE to eligible riders. Marketing may consist of flyers distributed to potential patrons at shopping areas and meeting places or mailed to residences, local newspaper advertisements, verbal presentations, posters in and on the vehicles or other means, all of which are subject to review by CITY and Los Angeles County Director of Public Works hereinafter, referred to as "DIRECTOR." All vehicles in service shall prominently display the City's transit logo. Marketing costs shall be financed by CONTRACTOR. All promotional material specifically disseminated to the unincorporated areas shall include the following: "This service is financed through funds provided.by the County of Los Angeles." All other material shall include the following: "This service is financed through funds provided by the City of Santa Clarita." -4- 11 A. With the exception of the CONTRACTOR's or subcontractor's implementation or application of the CITY's random drug and alcohol abuse testing program (Appendix A), CONTRACTOR shall indemnify, defend and hold harmless CITY and COUNTY, their officers, agents and employees, from and against any and all liability, expense,. including defense costs and legal fees and claims for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury or property damage arising from or connected with CONTRACTOR's maintenance of equipment or its operations of service hereunder, including any workers' compensation suits, liability, or expense arising from or connected with service performed by or on behalf of CONTRACTOR's subcontractors by any person pursuant to this Agreement. B. Without limiting CONTRACTOR's indemnification of CITY and COUNTY, the CONTRACTOR, shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurers satisfactory to CITY and COUNTY and evidence of such programs satisfactory to CITY and COUNTY shall be delivered to CITY and COUNTY on or before the effective date of this Agreement. Such evidence shall specifically identify this Agreement and shall contain express conditions that CITY and COUNTY be given written notice at least 45 days in advance of any modification or termination of any program of insurance. -5- (1) LiaL�abilety. Such insurance shall be primary to and not contributing with any other insurance maintained by CITY and COUNTY and shall name CITY and COUNTY and its officers, agents and employees as additional insureds while acting within the scope of their duties but only as to work performed by CONTRACTOR or subcontractor under this Agreement. Such insurance shall include but not be limited to: (i) General Liability insurance endorsed for contractual, independent contractor, broad form property damage and personal injury with a combined single limit of not less than $1,000,000 per occurrence, (ii) Automobile Liability insurance endorsed for all owned and non -owned vehicles with a combined single limit of not less than $3,000,000 per occurrence. (2) Workers' Compensation. A program of workers' compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, by or on behalf of CONTRACTOR and all risks to such person under this Agreement. A certificate evidencing such insurance coverage shall be filed with the CITY and COUNTY prior to CONTRACTOR's commencement of work hereunder. (3) Subcontractor. Insurance requirements stated above apply to all subcontractors as well as CONTRACTOR. (4) Failure to Procure Insurance. Failure on the part of CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract upon which CITY may immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any 0 0 0 and all premiums in connection therewith, and all monies so paid by CITY shall be repaid by CONTRACTOR to CITY upon demand or CITY may offset the cost of the premiums against any monies due to CONTRACTOR from CITY. 10. Independent Contractor Status. This Agreement is by and between the CITY and CONTRACTOR and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between CITY and CONTRACTOR. CONTRACTOR understands and agrees that all persons furnishing services to CITY and COUNTY pursuant to this Agreement are, for purposes of Workers' Compensation liability, employees solely of CONTRACTOR and not of CITY and COUNTY. CONTRACTOR shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services performed on behalf of CONTRACTOR pursuant to this Agreement. 11. Termination of Agreement. A. CITY reserves the right to terminate this Agreement for any reason, at any time during its term, upon 30 days prior written notice to the CONTRACTOR without further.liability of any sort. B. CITY shall further have the right to terminate this Agreement in its entirety and all rights ensuing therefrom immediately upon the occurrence of the following: -7- 0 (1) The occurrence. of any act which operates to deprive CONTRACTOR of the rights, powers, licenses, permits and authorities necessary for the proper conduct and operation of the activities authorized herein for a period of 30 days, or the filing by or against CONTRACTOR of any petition in bankruptcy, or any reorganization or operator pursuant to Chapter 10 or 11 of the Bankruptcy Act; provided, however, that any attempt upon the part of CONTRACTOR to make an assignment for the benefit of creditors shall constitute a breach of this Agreement and, thereupon, this Agreement shall become null and void and no right granted or conferred by this Agreement shall pass under said attempted assignment. (2) The abandonment or discontinuance by CONTRACTOR of any SERVICE herein designated by any act or acts of CONTRACTOR without the prior written consent of CITY. (3) Any persistent violation on the part of CONTRACTOR's agents, servants or employees of the traffic rules and regulations of the State of California or disregard of the safety of persons using CONTRACTOR's vehicles, upon failure or refusal on the part of CONTRACTOR to correct the same forthwith after notice from CITY to do SO. (4) The failure by CONTRACTOR to keep, perform and observe any of the covenants, conditions and terms of this Agreement to be kept, performed or observed. (5)Failure on the part of CONTRACTOR to maintain the quality of SERVICE required by the terms of this Agreement including, but not limited to, any cessation or diminution of any reason whatsoever to maintain in its employ the personnel necessary to keep said SERVICE in operation and available for transporting passengers. -8- r1 0 (6) Failure to maintain the whole, or any portion, of CONTRACTOR's vehicle equipment, other equipment or facilities in a manner satisfactory to CITY. C. In the event CITY terminates this Agreement as hereinabove provided, CONTRACTOR will be paid for the pro rata share of the SERVICE performed to the time of cancellation of the Agreement. If cancellation is due to any of the reasons specified in Subsection 11(B), such payment will be reduced by any damages caused by CITY by acts of CONTRACTOR causing the cancellation. CONTRACTOR in having tendered a bid, shall be deemed to have waived any and all claims for damages because of cancellation of Agreement for any such reason. 12. Employment of Aliens. CONTRACTOR warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alient status requirements contained in Federal and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). CONTRACTOR shall obtain, from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and as they may be hereafter amended. CONTRACTOR shall retain such documentation for all covered employees for the period prescribed by law. CONTRACTOR shall indemnify, defend, and hold harmless, the CITY and COUNTY, their officers and employees from employer sanctions and any other liability which may be assessed against CONTRACTOR, CITY or COUNTY or both in WE 0 connection with any alleged violation of Federal and State statutes or regulations pertaining to the eligibility for employment of person performing services under this Agreement. 13. Safety Program. CONTRACTOR shall provide regular and continuous formal safety instruction for all operating personnel assigned to perform any activities under this Agreement, and said personnel shall be required to attend regularly scheduled safety meetings at least three times per year. 14. Unforeseen Conditions. CONTRACTOR shall be excused from performance hereunder during the time and to the extent .that it is prevented from performing in the customary manner by forces of nature, fire, strikes, loss of funding, or commandeering of materials, products,. plants or facilities by the Government, when satisfactory evidence thereof is presented to CITY. 0 15. Personnel and Operations. 0 A. All personnel assigned to perform SERVICE under this Agreement shall be subject to the continuous approval of CITY and CONTRACTOR. Employment and compensation of such personnel shall be in accordance with all applicable Federal, State and local ordinances and laws. Such personnel shall treat passengers in a courteous manner, be clean and neatly dressed and be trained in handling of elderly and handicapped individuals. CITY shall have the right to have -authorized CITY personnel board any SERVICE vehicle for the purpose of monitoring SERVICE or inspecing vehicle. CONTRACTOR shall have the right to refuse any or all passengers if passenger activity will in any way impair the safe operation of any vehicle operating under SERVICE. -10- 0 11 No person shall on the basis of ethnic group identification, religion, sex, or color be unlawfully subjected to discrimination under SERVICE. B. CONTRACTOR shall implement the drug and alcohol abuse testing program specified in Appendix A. 16. Record Keeping Reporting and Auditing. CONTRACTOR shall provide access to daily ridership logs and other operational records for SERVICE deemed necessary by DIRECTOR, and shall provide copies of same upon specific request by DIRECTOR. CONTRACTOR shall report monthly the ridership for both the incorporated and the unincorporated areas to DIRECTOR. CONTRACTOR shall keep records of all operating costs of SERVICE in accordance with strict accounting procedures. All reportable (as defined by law) accidents involving SERVICE equipment or personnel while operating with CITY or COUNTY passengers shall be immediately reported to- DIRECTOR. CONTRACTOR shall maintain such operating and fiscal records as necessary to comply with Los Angeles County Transportation Commission Proposition A requirements and procedures and shall maintain all records on file for a minimum of three years following the close of each fiscal year of SERVICE. CONTRACTOR shall cooperate with CITY should CITY desire an audit at any time during the effectiveness of this Agreement. -11- 0 If, at any time during the term of this Agreement or at any time up to three years after the expiration or termination of this Agreement, authorized representatives of CITY conduct an audit of SERVICE and if such audit finds that CITY's dollar liability for such SERVICE is less than payments made by CITY to CONTRACTOR, then CONTRACTOR agrees that the difference shall be either: (1) repaid forthwith by CONTRACTOR to CITY by cash payment, or (2) at CITY's option, credited against any future payments hereunder to CONTRACTOR. If such audit finds that CITY's dollar liability for SERVICE is more than payments made by CITY to CONTRACTOR, then the difference shall be paid to CONTRACTOR by CITY by cash payment. 17. Equipment Requirements. CONTRACTOR shall service its vans at the prescribed intervals and levels of maintenance specified in the manufacturer's service . manuals as required for warranty purposes and as otherwise necessary to maintain them mechanically sound and in good, clean and safe condition. CONTRACTOR shall continue to keep maintenance and operating service records and to provide access to said records and copies of same upon request by CITY. Copies of all maintenance service records are to be given to CITY, at such time as SERVICE is terminated. 18. Liquidated Damages. Notwithstanding any other provision of this Agreement, including paragraph 5, if CONTRACTOR fails to meet the performance standards set forth in Appendix B, CITY shall be damaged and entitled to offset any amount owing to CONTRACTOR, for each hour of failure, up to the amount of such damage. The amount of such damage would be difficult or impossible to ascertain; therefore, the liquidated damage, and not a penalty, for such failure is hereby determined to be 912.53 per hour of such failure. -12- 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized on the date hereinabove noted. CITY OF SANTA CLARITA By ATTEST: By City Clerk APPROVED AS TO. FORM: BY 0 City Attorney -13- secretary I 0 APPENDIX B 0 The Paratransit operating hours of SERVICE shall be from 6 a.m. to 6 p.m., Monday through Friday; and from 9:00 a.m. to 5:00 p.m. on Saturday. Wheelchair service is available by 24-hour advance reservation only. SERVICE will not operate on the following six major holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. A minimum twenty -four-hour advance reservation shall normally be required to schedule rides; however, same-day SERVICE shall be provided subject to availability of capacity. Every effort shall be made to pick up patrons not earlier than 20 minutes before and not later than 20 minutes after the schedule pick up time. CONTRACTOR will provide backup SERVICE to patrons in emergency situations when deemed necessary by CONTRACTOR to satisfy needs and avoid disruption of normal SERVICE, at no additional cost to CITY. Group rides shall be emphasized and encouraged. SERVICE shall be restricted to elderly (60 years and older) and eligible handicapped persons and their escorts. Eligible handicapped persons are persons who by reason of physical or mental disabilities cannot reasonably use conventional .14- 0 transportation. CONTRACTOR and CITY shall determine eligibility of patrons and CONTRACTOR shall maintain appropriate records (including Applications for Eligibility, Roster of Eligible Riders, etc.) and take any actions necessary to ensure that only eligible patrons use SERVICE. (2) General Public SERVICE. 6 The Dial -a -Ride operating hours for the .general public shall be from 6 p.m. to 9 p.m., Monday through Friday. SERVICE will not operate on the six major holidays described in subsection (1) of this Exhibit B. Reservations, pick-ups, group rides shall be handled as provided in subsection (a) of this Exhibit B. yyyyyy X SERVICE Area 0 SERVICE shall be provided in the Santa Clarita Valley within the SERVICE areas identified on the attached map (Appendix C). Service to Olive View Medical Center: Routing: r The line shall operate from the Senior Center to the Olive View Medical center, then to Newhall Avenue, San Fernando Road, Antelope Valley Freeway, Golden State Freeway, Foothill Freeway, Roxford Street, and Olive View Drive to the Medical Center. Stops shall be made only at the Senior Center and the Medical Center -15- 0 Frequency and Span: This is a once a week schedule to run three times per day. The estimated running time is one hour. The round trip distance of the line is approximately 24.0 miles. The schedule shall include departures from the terminal at 9:00 a.m., 11:00 a.m. and 3:00 p.m. with corresponding departures from the Olive View Medical Center 30 minutes later. 90 SERVICE Performance Standards CONTRACTOR shall conduct all SERVICE as to comply with the following standards: (a) Offer with a pick-up to delivery time of 60 minutes or less for at least 75% of eligible users. (b) Experience no more than 10 accidents per 100,000 total miles operated. (c) Operated at least 95% of trips on-time (20 minutes early to 20 minutes late). 11 -16- PA (d) Generate at least 3.0 boarding passenger per vehicle service hour for the general public service. (e) Generate at least 2.5 boarding passenger per vehicle service hour for the elderly and handicapped. (f) Offset at least 5 percent of its operating costs from passenger revenue. 9 0 MP:gmm•SRAGREE _17_ I g 1 l4erde a Castalci x . x SANTA CLARiTA ATRANSIT SERVICE AREA ♦, Newhall r APPENDIX R 1. �,r btHVICE AREA BOUNDRY w•+- .04 CITY OF SANTA CLARITA BOUNDRY i . ,x VOL 1. �,r btHVICE AREA BOUNDRY w•+- .04 CITY OF SANTA CLARITA BOUNDRY