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HomeMy WebLinkAbout1991-07-09 - AGENDA REPORTS - TRANSIT SERVICES MGR POSITION (2)CONSENT CALENDAR DATE: July 9, 1991 SUBJECT: TRANSIT C POSITION DEPARTMENT: Public Work BACKGROUND AGENDA REPORT City Manager Approv Item to be presented John E Medina Director TING SERVICES IN LIEU OF TRANSIT MANAGER The City Council in its meeting of June 25, 1991 directed the Mayor to execute a contract with ATE Ryder for the, operation and maintenance of local, commuter and Dial -a -Ride services. To effectively monitor this contract, the City requires the services of an individual knowledgeable of the transit industry and experienced in bus operations. The City has had Michael Prior of Priority Consulting Services under a short term contract for the development of the City's transit systema A partial list of projects completed to date are - 1 . re: 1. Development of routes and schedules for local bus service. 2. Assistance in the development of the transit marketing plan. 3. Coordination of the Transit Services Request for Proposal. 4. Assistance in the evaluation of proposals. 5. Negotiation of contract between the City and ATE Ryder. 6. Liaison between the City and other government entities regarding transit issues. 7. Assistance with the City's bus shelter program. The City has conducted two unsuccessful recruitments for the position of Transit Manager. At this stage, it is important to maintain continuity between the development and implementation of transit services. This continuity can be accomplished by contracting with the current consultant under a longterm agreement. t APPROVEO kgeirda Iten . TRANSIT CONSULTING SERVICES Page 2 The funding for this contract will come from the Transit budget for Transit Manager. Exhibit "A" of the contract lists the scope of work the consultant would provide under this contract. WA8YMTluL City Council approve attached one-year contract with Michael Prior of Priority Consulting Services for the development, implementation and oversight of the City's Transit System for a fee of $6,930 per month and authorize the Mayor to execute the contract. puffeL'L�i�11 Agreement for Transit Services gmm-TRANSCON AGREEMENT FOR TRANSIT SYSTEM OPERATIONS CONSULTING AND RELATED SERVICES This Agreement, made and entered into this 10th day of July, 1991 by and between the City of Santa Clarita, a municipal corporation located in the County of Los Angeles, State of California (hereinafter •referred to as City) and Priority Consulting Services (hereinafter referred to as.Consultant). W I T N E S S E T H WHEREAS, City has heretofore utilized the services of the county of Los Angeles on a contractual basis for the management, administration- and operation of the transit system within the City of Santa.Clarita; and WHEREAS, City desires to contract transit operations, which includes situation management, programs management, performance evaluation;a nd related services with a private consultant possibly .leading to all or some of these functions to be performed by city personnel; and WHEREAS, City and Consultant desire to enter into a Transit System Operations Consulting Services contract incorporating the full range of services provided by the Consultant. NOW, THEREFORE, in consideration of the mutual premises, covenants and conditions herein contained, the parties agree as follows: PARTIES TO THE AGREEMENT The parties to this Agreement are: A. City The City of Santa Clarita, a Municipal Corporation, having its principal office at 23920 Valencia Boulevard, Suite 300, Santa, Clarita, California 91355. B. Consultant: Priority Consulting having a principal Whittier, California Services, a sole proprietorship office at 10945 Dicky Street, 90606. Consultant shall perform the following services in accordance with the terms and conditions hereinafter set forth: Section 1. Description of Work — City hereby engages Consultant and Consultant accepts such engagement, to perform the services set forth in the Scope of Services attached hereto as Exhibit A." Consultant shall perform and complete, in a manner satisfactory to City, all work and services set forth in Exhibit "A." The Director of Public Works, or the Director's designee, shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the Director of Public Works. AGREEMENT FOR TRANSIT SYSTEM OPERATIONS CONSULTING AND RELATED SERVICES Page 2 Section 2. Independent Contractor - Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. Consultant shall be responsible for payment of''all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security. Consultant shall indemnify and hold -harmless the City from any liability, damages, claims, costs and expenses of any nature arising from violations of personnel practices. Section 3. Compensation to Consultant - The total compensation to be paid by City to Consultant for all work and services described in Exhibit "A" shall be on a time -and -materials basis per the fee schedule in Exhibit _11B11 which includes normal associated expenses. Total compensation shall not exceed the sum of $83,200. Consultant's fees are inclusive of normal associated expenses such as telephone, rent, local transportation and overhead. Consultant shall be paid in bi-weekly installments of $3,200 for services rendered. Section 4. Term of Contract - The Contract will be in effect for twelve (12) months from the actual date of execution of agreement. Section 5. Effective Date - This Agreement shall become effective as of the date set forth below ori which the last of the parties, whether City or Consultant, executes said Agreement. Section 6. Extension of Time - If, at any time, the work is delayed due to suspension order by City, or due to any other cause which, in the reasonable opinion of the City is unforeseeable and beyond the control and not attributable to the fault or negligence of Consultant, the Consultant shall be entitled to an extension of time equal to said delay. No extension of time requested or granted hereunder shall entitle Consultant to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, City shall in good faith consider any request for additional compensation submitted by Consultant. Section 7. Termination - This Agreement will remain in effect unless terminated in accordance with this Section. This Agreement may be terminated with or without cause by City at any time upon thirty (30) days written notice to Contractor at the address below stated. In the event of such termination, Consultant shall be compensated for such services up to the point of termination. Such compensation for work in progress shall be pro -rated as to the percentage or progress completed at the date of termination. AGREEMENT FOR TRANSIT SYSTEM OPERATIONS CONSULTING AND RELATED SERVICES Page 3 ThisAgreementmay be terminated by Consultant only. by providing City with written notice no less than thirty(30) days in advance of.such termination. i Section 8. General Conditions A. city shall 'not be called to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Consultant performing services hereunder for City. S. City shall provide to Consultant, without charge, all data, including reports, records, maps and other information, now in the City's possession, which may facilitate the timely performance of the work described in Exhibit "A . I. C. All plans, specifications, reports, studies, naps and other documents prepared or obtained by Consultant in the course of performing the work required by this Agreement shall be the property of the City. D. . Consultant shall not assign'contract without prior written consent of City. Section 9. Insurance Contractor is not authorized to use his or her personal vehicle to perform any work under this Agreement unless Contractor is covered by a policy of motor vehicle liability insurance in an amount not less than $100,000 per occurrence. Section 10, Driver's License Contractor shall maintain a valid California driver's license. Section 11. Consent to background Investigation Contractor consents to City, from time, to time, conducting reasonable background investigations on Contractor. Section 12. Term . This agreement shall be effective for a period beginning on July 10, 1991 and ending on July 10, 1992 unless sooner terminated. Section 13, Modification No modification, amendment or other change in this Agreement or any Provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. AGREEMENT FOR TRANSIT SYSTEM OPERATIONS CONSULTING AND RELATED SERVICES Page 4 . Section 14. Hold harmless Clause - All officers, agents, employees, subcontractors, their agents, officers and employees who are hired by or engaged by Consultant in the performance of this Agreement shall be deemed officers, agent and employees and subcontractors of Consultant and City shall not be liable or responsible to them for anything whatsoever other than liability to Consultant as set forth in this Agreement. Consultants agrees to keep and hold harmless City and all of its officers and employees from all damages, costs or expenses in law and equity including costs of suit and expenses for legal services that may at any time arise or be set up because of damage to property or injury to persons received or suffered by reason of 'any wrongful or negligent act or omission on the part of 'Consultant or any of its agents, officers and employees and subcontractors in the performance of this contract. Consultant shall not be deemed to assume any liability for wrongful or negligent acts of City or its officers, agents, employees and subcontractors; and City shall defend and hold Consultant harmless against any such claims. In the event that Consultant is sued in his official capacity. for reasons other than the wrongful or negligent acts or omissions of Consultant or Consultant's officers, agents, employees and subcontractors, City shall defend and hold harmless Consultant. Section 15. Resolution of Disputes - Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement the prevailing party in such action shall be entitled to reasonable attorneys' fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. Section 16, Governing Law - This Agreement shall be governed by the laws of the State of California. Section 17. Representative of the Parties - The representatives of the parties who are primarily responsible for the administration of this AGREEMENT, and to whom formal notices, demands and communications shall be given, are as follows: The principal representative of the City shall be: Director of Public Works City of Santa Clarita 25663 W. Avenue Stanford Santa Clarita, CA 91355 AGREEMENT FOR TRANSIT SYSTEM OPERATIONS CONSULTING AND RELATED SERVICES Page 5 The principal representative of the Consultant shall be: Mr. .Michael L. Prior Owner Priority Consulting Services 10945 Dicky Street Whittier, CA 90606 Formal notices, demands and communications to be 'given hereunder by either party shall be made in writing and may be effected by personal delivery or by mail. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed; written notice shall be given within five (5) working days of said change. Section 18. Responsible Individual — The individual- directly responsible for the performance of the duties as the Consultant shall be Mr. Michael L. Prior, Owner. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written. ' CITY OF SANTA.CLARITA PRIORITY CONSULTING SERVICES By Attachment: Exhibit A — Scope of Services Exhibit.B — Hourly Rates UA EXHIBIT A SCOPE OF WORK Contractor Services - Contractor agrees to perform the following services for the City: • Assist in negotiations between City and Contractor 'for maintenance. and operation of the City's transit system • Monitor the following programs with regard to the Contractor for maintenance and operation of the City's transit system; - Preventive maintenance program - Safety program - Training program - Staffing plan - Technical competence of project manager and other key personnel - DBE/WBE plan • Monitor the following: Implementation of the bus shelter program Project operation of the transit program Passenger reports Service reports - Daily reports - Passenger complaint reports - Accident reports - Incentive/Liquidated Damages program - Dial-a-Ridg program • Develop and update route maps for the local and commuter fixed route transit services • Develop and implement a marketing program which includes, but not limited to public relations and advertising • Coordinate with the Finance Department to assure review of: - Fare reports - Financial records - Annual audit of the program - Billing monitoring • Review and comment on the City's bus routes and bus stop program • Coordinate with the City's Public Works Maintenance Superintendent, the installation and maintenance of the bus stop signs at designated stops • Prepare LACTC project descriptions and other project -related forms n connection with the City's transit system AGREEMENT FOR TRANSIT SYSTEM OPERATIONS CONSULTING AND RELATED SERVICES ie---- 13 This Agreement, made and entered into this 10th day of July, 1991 by and between the City of Santa Clarita, a municipal corporation located in the County of Los Angeles, State of California (hereinafter referred to as City) and Priority Consulting Services (hereinafter referred to as Consultant) WITNESSETH WHEREAS, City has heretofore utilized the services of the County of Los Angeles on a contractual basis for the management, administration and operation of the transit system within the City of Santa Clarita; and WHEREAS, City desires to contract transit operations, which includes situation management, programs management, performance evaluation; and related services with a private consultant possibly leading to all or some of these functions to be performed by City personnel; and WHEREAS, City and Consultant desire to enter into a Transit System Operations Consulting Services contract incorporating the full range of services provided by the Consultant. NOW, THEREFORE, in consideration of the mutual premises, covenants and conditions herein contained, the parties agree as follows: PARTIES TO THE AGREEMENT The parties to this Agreement are: A. City The City of Santa Clarita, a Municipal Corporation, having its principal office at 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355 B. Consultant Priority Consulting Services, a sole proprietorship having a principal office at 10945 Dicky Street, Whittier, California 90606. Consultant shall perform the following services in accordance with the terms and conditions hereinafter set forth: Section 1. Description of Work - City hereby engages Consultant and Consultant accepts such engagement, to perform the services set forth in the Scope of Services attached hereto and incorporated herein as Exhibit "A." Consultant shall perform and complete, in a manner satisfactory to City, all work and services set forth in Exhibit "A." The Director of Public Works, or the Director's designee, shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the Director of Public Works. Agreement for Transit'System Operations Consulting and Related Services Page 2 Section 2. Independent Contractor - Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. Consultant shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security. Consultant shall indemnify and hold harmless the City from any liability, damages, claims, costs and expenses of any nature arising from violations of personnel practices. Section 3 • Compensation to Consultant - The total compensation to be paid by City to Consultant for all work and services described in Exhibit "A" shall not exceed the sum of $83,200. Consultant's fees are inclusive of normal associated expenses such as telephone, rent, local transportation and overhead. Consultant shall be paid in bi-weekly installments of $3,200 for services rendered. Section 4. Term of Contract - The Contract will be in effect for twelve (12) months from the actual date of execution of Agreement. Section 5. Effective Date - This Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement. Section 6. Extension of Time - If, at any time, the work is delayed due to suspension order by City, or due to any other cause which, in the reasonable opinion of the City is unforeseeable and beyond the control and not attributable to the fault or negligence of Consultant, the Consultant shall be entitled to an extension of time equal to said delay. No extension of time requested or granted hereunder shall entitle Consultant to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, City shall in good faith consider any request for additional compensation submitted by Consultant. Section 7. Termination - This Agreement will remain in effect unless terminated in accordance with this Section. This Agreement may be terminated with or without cause by City or Contractor at any time upon thirty (30) days written notice.. In the event of such termination, Consultant shall be compensated for such services up to the point of termination. Such compensation for work in progress shall be pro -rated as to the percentage or progress completed at the date of termination. Agreement for Transit System Operations Consulting and Related Services Page 3 Section S. General Conditions A. City shall not be called to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Consultant performing. services hereunder for City. B. City shall provide to Consultant, without charge, all data, including reports, records, maps and other information, now in the City's possession, which may facilitate the timely performance of the work described in Exhibit "A." C. All plans, specifications, reports, studies, maps and other documents prepared or obtained by Consultant in the course of performing the work required by this Agreement shall be the property of, the City. D. Consultant shall not assign any right or delegate any duty under the contract without prior written consent of City. Section 9 Insurance - Contractor is not authorized to use his or her personal vehicle to perform any work under this Agreement unless Contractor is covered by a policy of motor vehicle liability insurance in an amount not less than $100,000 per occurrence. Section 10. Driver's License - Contractor shall maintain a valid California driver's license for the term of this Agreement. Section 11. Consent to Background Investigation - Contractor consents to City, from time to time, conducting reasonable background investigations on Contractor. Section 12. Modification - No modification, amendment or other change in this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. Section 13. Hold Harmless la - All officers, agents, employees, subcontractors, their agents, officers and employees who are hired by or engaged by Consultant in the performance of this Agreement shall be deemed officers, agents and employees and subcontractors of Consultant, and City shall not be liable or responsible to them for anything whatsoever. Consultant agrees to keep and hold harmless City and agrees to indemnify, defend and hold harmless all of its officers and employees from all damages, costs or expenses in law and equity including costs of suit and expenses for legal services that. may at any time arise or be set up because of damage to property or injury to persons received or suffered by reason of any wrongful or negligent act or omission on the part of Consultant or any of its agents, officers, employees and subcontractors and their agents, officers and employees in the performance of this contract. Agreement for Transit System Operations Consulting and Related Services Page 4 Consultant shall not be deemed to assume any liability for wrongful or negligent acts of City or its officers, agents, employees and subcontractors, and City shall defend and hold Consultant harmless against any such claims. In the event that Consultant is sued by reason of Consultant's provisions of service as an independent contractor under this Agreement for reasons other than the wrongful or negligent acts or omissions of Consultant or Consultant's officers, agents, employees and subcontractors, City shall defend and hold harmless Consultant. Section 14 Resolution of Disputes - Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. Section 15 Governing Law - This Agreement shall be governed by the laws of the State of California. Section 16 Representative of the Parties - The representatives of the parties who are primarily responsible for the administration of the Agreement, and to whom formal notices, demands and communications shall be given, are as follows: The principal representative of the City shall be: Director of Public Works City of Santa Clarita 25663 W. Avenue Stanford Santa Clarita, CA 91355 The principal representative of the Consultant shall be: Mr. Michael L. Prior, Owner Priority Consulting Services 10945 Dicky Street Whittier, CA 90606 Agreement for Transit System Operations Consulting and Related Services Page 5 Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by mail. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall be given within five (5) working days of said change. Section 17 Responsible Individual - The individual directly responsible for the performance of the duties as the Consultant shall be Mr. Michael L. Prior, Owner. IN WITNESS WHEREOF; the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written. CITY OF SANTA CLARITA PRIORITY CONSULTING SERVICES 0 Attachments Exhibit A - Scope of Services M EXHIBIT A SCOPE OF WORK Contractor Services - Contractor agrees to perform the following services for the City: o Assist in negotiations between City and Contractor for maintenance and operation of the City's transit system o Monitor the following programs with regard to the Contractor for maintenance and operation of the City's transit system: - Preventive maintenance program - Safety program Training program - Staffing plan - Technical competence of project manager and other key personnel - DBE/WBE plan o Monitor the following: - Implementation of the bus shelter program - Project operation of the transit program - Passenger reports - Service reports - Daily reports - Passenger complaint reports - Accident reports - Incentive/Liquidated Damages program - Dial -a -Ride program o Develop and update route maps for the local and commuter fixed route transit services o Develop and implement a marketing program which includes, but is not limited to public relations and advertising o Coordinate with the Finance Department to assure review of: - Fare reports - Financial records - Annual audit of the program - Billing monitoring o Review and comment on the City's bus routes and bus stop program o Coordinate with the City's Public Works Maintenance Superintendent, the installation and maintenance of the bus stop signs at designated stops o Prepare LACTC project descriptions and other project -related forms in connection with the City's transit system.