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HomeMy WebLinkAbout1995-12-12 - AGENDA REPORTS - AGMT BTN SC LA TRANS SERVICES (2)AGENDA REPORT City Manager Approval Item to be presented by: Lynn M. Harris CONSENT CALENDAR DATE:. December 12, 1995 SUBJECT, AGREEMENT BETWEEN THE CITY AND THE COUNTY OF LOS ANGELES TO CONTINUE EXISTING PUBLIC TRANSPORTATION SERVICES DEPARTMENT: Public Works BACKGROUND In August 1991, the City assumed responsibility for public transportation services in the Santa Clarita Valley from the County of Los Angeles, Department of Public Works, The County, however, continues to assume responsibility for providing funding for those areas not located within the City. Each year the City and the County enter into agreement regarding the jurisdictional shares of financial responsibility for public transportation service costs. The subject agreement stipulates the manner in which the amount of such funding is determined. The County contribution to Transit service budget for fiscal year 1996 is estimated to be $763,820. RECOMMENDATION Approve the subject agreement between the City and the County of Los Angeles and authorize the City Manager to sign on behalf of the City. PAHOMF.APWVCCAGFNnA¢.ACOAGRAGN APPROVED HARRY W. STONE, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS September 27, 1995 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Tclephonc:(818)458-5100 Mr. George Caravalho City Manager City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355-2107 Attention Donna M. Grindey Dear Mr. Caravalho: SANTA CLARITA VALLEY TRANSPORTATION SERVICES ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: PD -5 RECEIVED o C i 1 1995 CITY MANAGER'S OFFICE CITY OF SANTA CLARrtA Enclosed are an original and three copies of an Agreement between the County and your City providing for the City to furnish various forms and modes of public transportation services, including a system of local bus passenger service, commuter bus service, and paratransit service for the elderly, persons with disabilities and the general public, for the period of July 1, 1995 through June 30, 1996. The maximum cost of this service to the County shall be $1,210,000, less the County's share of any bonus received. If the Agreement is satisfactory, please present it to your duly authorized officials for approval. Upon approval, please return the original and two copies to the Department of Public Works for further processing. You may keep the extra copy for your files. Upon approval by the Board of Supervisors, we will return a fully executed copy to you. Mr. George Caravalho September 27, 1995 Page 2 Please contact Ms. Jacqueline Marquez at (818) 458-3956, if you have any questions regarding this Agreement. Very truly yours, O' - fs HARRY l Director o Public Works TG:md P\SECTRAHS\L-TU\SCSERVE Enc. cc: Ron Kilcoyne City of Santa Clarita AGREEMENT THIS AGREEMENT is between the CITY OF SANTA CLARITA, hereinafter referred to as "CITY", and the COUNTY OF LOS ANGELES, hereinafter referred to as "COUNTY." NITMEa&ETM WHEREAS, CITY and COUNTY agree that it is in the public interest to continue to provide various forms and modes of public transportation services, including a system of local bus passenger service, commuter bus service, and paratransit service for the elderly, persons with disabilities and the general public, hereinafter referred to as "SERVICES", to serve the public in the Santa Clarita Valley (SCV); and WHEREAS, CITY and COUNTY desire to continue SERVICES through Fiscal Year (FY) 1995-96; and WHEREAS, CITY shall continue to administer the contract'for SERVICES for FY 1995-96; and WHEREAS, CITY and COUNTY propose to finance their respective jurisdictional shares of the total actual costs of SERVICES including contract, administration and marketing costs; and WHEREAS, because of CITYlCOUNTY joint program set forth herein, CITY may apply for and CITY may be granted incentive, bonus or other funds including, but not limited to, Los Angeles County Metropolitan Transportation Authority (MTA) Subregional -2- Paratransit Grant Program Funds; Federal Transportation Administration (FTA) Section 9 Capital and operating Funds; Congestion Management Air Quality (CMAQ) Funds; Proposition A Discretionary Funds; State Transit Assistance (STA) Funds; Proposition C Recessionary or Discretionary Funds, all hereinafter referred to as "BONUS." NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the premises herein contained, it is hereby agreed as follows: (1) CITY AGREES: A. To administer the contract for SERVICES for FY 1995-96. The Santa Clarita Public Transportation System brochure, hereinafter referred to as "BROCHURE", describes SERVICES in detail, and by reference is incorporated herein. B. To provide COUNTY with a detailed monthly cost and revenue report for SERVICES. Report shall include contract, actual administrative and marketing costs broken down by service and jurisdiction. -3- C. To provide COUNTY with a detailed monthly ridership report for SERVICES, broken down by service and jurisdiction. D. To review and approve all contract invoices for SERVICES; to pay service provider directly for the net contract costs of SERVICES (total contract costs less farebox revenue, where applicable) within 30 days of approval of invoices and to invoice COUNTY for its jurisdictional share of the total cost of SERVICES, including contract, administration and marketing costs, less BONUS, on a quarterly basis. E. To invoice COUNTY for its jurisdictional share of the debt service costs for SERVICES, less BONUS, for FY 1995-96 for the purchase of the local and commuter buses, as detailed in Section 3.I. Total debt service costs for SERVICES for FY 1995-96 are currently estimated to be $875,710. F. Should CITY apply for BONUS for the FY 1995-96 and should BONUS be granted to CITY, CITY and COUNTY shall share BONUS in same proportion as CITY and COUNTY jurisdictional shares for the service in which BONUS is -a - received. CITY shall deduct COUNTY'S share of BONUS from COUNTY'S quarterly jurisdictional cost of SERVICES for the particular service for which BONUS was received. CITY shall deduct COUNTY'S share of BONUS from COUNTY'S jurisdictional share of debt service costs as applicable. G. To maintain operating and fiscal records as necessary to comply with MTA Proposition A requirements and procedures and to maintain all records on file for a minimum of three years following the term of this Agreement. (2) COUNTY AGREES: A. To review and approve invoices submitted by CITY to COUNTY for COUNTY'S jurisdictional share of the total cost of SERVICES, less BONUS and fares, and to pay CITY within 30 days of approval of invoices. B. To pay for its jurisdictional share of the FY 1995-96 debt service for the purchase of the local and commuter buses, less BONUS. Payment is to be made within 30 days of approval of invoice. -5- (3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: A. The term of the AGREEMENT shall be from July 1, 1995 through June 30, 1996. B. CITY agrees to have contractor and/or subcontractor collect fares for SERVICES as outlined in BROCHURE. Any fare revenue collected shall be retained by contractor and/or subcontractor to partially fund total operating costs. CITY agrees, upon request of COUNTY, to have contractor and/or subcontractor, accept passes or vouchers issued by COUNTY in lieu of cash fares specified in BROCHURE. If it is determined that SERVICE may be improved by revisions to fares, COUNTY and CITY may plan and institute such changes jointly upon mutual written consent within the terms of this AGREEMENT after holding any public hearing(s) as required by law. C. CITY and COUNTY will finance their jurisdictional shares of the total costs of SERVICES, less BONUS and fares. D. COUNTY'S total maximum obligation under this AGREEMENT is $1,210,000, less COUNTY'S jurisdictional share of any BONUS received. COUNTY'S obligations under this AGREEMENT are subject to availability of funds in its budget(s) for the term of this AGREEMENT. E. AGREEMENT may be amended upon mutual written consent of CITY and COUNTY. F. This AGREEMENT may be terminated by either party upon 30 days written notice, with the exception of the COUNTY'S right to terminate this AGREEMENT immediately as provided in Section R.4. Upon termination, any financial liability due CITY from COUNTY shall be paid to CITY no later than 30 days upon receipt of invoice. G. Any revisions to SERVICES, including, but not limited to, fares, routes, schedule or other operating functions, proposed by either CITY or COUNTY shall not be implemented without prior written concurrence by both CITY and the Director of the Los Angeles COUNTY Department of Public Works or his designee, hereinafter referred to as "DIRECTOR". I. -7- Any revisions to SERVICES which affect the jurisdictional share of the cost of SERVICES shall not be implemented without prior written concurrence by CITY and DIRECTOR. The total actual costs of SERVICES as referred to in this AGREEMENT, and as described in BROCHURE, includes the amount paid to CITY'S contractor(s) for SERVICES, CITY'S costs to administer SERVICES contract(s) and CITY'S cost of marketing SERVICES. J. If, at any time during the term of this AGREEMENT or at any time after the expiration or termination of this AGREEMENT, authorized representatives of COUNTY conduct an audit of SERVICES and if such audit finds that COUNTY'S dollar liability for SERVICES is less than payments made by COUNTY to CITY, then CITY agrees that the difference shall be either: (1) repaid forthwith by CITY to COUNTY by cash payment, or (2) at DIRECTOR'S option, credited against any future payments hereunder to CITY. If such audit finds that COUNTY'S dollar liability for SERVICES is more than payments made by COUNTY to CITY, then the difference shall be paid to -$- CITY by COUNTY by cash payment, provided that in no event shall COUNTY'S obligation as set forth in this AGREEMENT be exceeded. K. That COUNTY, pursuant to the terms and obligations of this AGREEMENT, shall be responsible for its jurisdictional share of the debt service for the local and commuter buses for FY 1995-96. CITY may also receive $534,965 in FTA Section 9 Capital Funds to fund a portion of the cost of the debt service. These funds will be used to reimburse CITY'S and COUNTY'S jurisdictional share of the debt service for FY 1995-96. L. The CITY'S and COUNTY'S jurisdictional share of the total actual costs of SERVICES shall be determined as follows: CITY'S jurisdictional share shall be equal to the ratio of service revenue miles traveled in CITY to the total system service revenue miles traveled. COUNTY'S jurisdictional share shall be equal to the ratio of service revenue miles traveled in .9. COUNTY to the total system service revenue miles traveled. CITY'S estimated jurisdictional share of the local bus service is 75 percent and COUNTY'S jurisdictional share is estimated to be 25 percent. 2. Commuter Run Service CITY'S jurisdictional share shall be equal to the percentage of the total ridership who are CITY residents. COUNTY'S jurisdictional share shall be equal to the percentage of the total ridership who are residents of the unincorporated COUNTY areas. CITY'S estimated jurisdictional share is 79 percent, and COUNTY'S jurisdictional share is estimated to be 21 percent. 3. Paratransit Services CITY'S jurisdictional share shall be equal to the percentage of the total ridership who are CITY residents. COUNTY'S jurisdictional share shall be equal to the percentage of the total ridership who are residents of the unincorporated COUNTY areas. CITY'S estimated jurisdictional share of -10- paratransit services is 91 percent and COUNTY'S jurisdictional share is estimated to be 9 percent. 4. Debt Service on Local and Commuter Buses CITY'S jurisdictional share of the debt service for local buses for the FY 1995-96 is 75 percent, less CITY'S jurisdictional share of BONUS received by CITY. COUNTY'S jurisdictional share is 25 percent, less COUNTY'S jurisdictional share of BONUS received by CITY. CITY'S jurisdictional share of the debt service for commuter buses for FY 1995-96 is 79 percent, less CITY'S jurisdictional share of BONUS funds received by CITY. COUNTY'S jurisdictional share is 21 percent less COUNTY'S jurisdictional share of BONUS received by CITY. M. CITY will apply for BONUS, including, but not limited to, a MTA Subregional Paratransit Grant Program Funds (estimated to total $34,830 for FY 1995-96), Proposition A Discretionary, STA, FTA Section 9 Capital and Operating Funds, CMAQ Funds, Proposition C Recessionary and Discretionary Funds (estimated to total $860,856 for FY 1995-96). -11- N. CITY 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, strike, loss of funding or commandeering of materials, products, plants, or facilities by the Government, when satisfactory evidence thereof is presented to COUNTY. O. The Assumption of Liability Agreement between the COUNTY and CITY, dated December 15, 1987, is not in effect for, made a part of or incorporated into this AGREEMENT. P. CITY shall indemnify, defend and hold harmless COUNTY, its officers, agents and employees, from and against any and all liability, expense, including defense costs and legal fees and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death or property damage arising from or connected with CITY'S maintenance of equipment or its operation of SERVICES hereunder, or the operations of services of its contractor(s) and/or subcontractor(s) hereunder, including any workers' compensation suits, -12 - liability, i2_ liability, or expense arising from or connected with SERVICES performed by or on behalf of CITY or its contractor(s) and/or subcontractor(s) by any person pursuant to this AGREEMENT or from any negligent or intentional act or omission of CITY, its officers, agents and employees in the performance of this AGREEMENT. Q. COUNTY shall indemnify, defend and hold harmless CITY, its officers, agents and employees, from and against any and all liability, expense, including defense costs and legal fees and claims for damage of any nature whatsoever, including, but not limited to, bodily injury, death or property damage arising from or connected with COUNTY'S performance under this AGREEMENT or from any negligent or intentional act or omission of COUNTY, its officers, agents and employees in the performance of this AGREEMENT. R. Without limiting CITY'S indemnification of COUNTY, CITY shall provide and maintain at its own expense or ensure that its contractor(s) and/or subcontractor(s) provide and maintain during the term of this AGREEMENT the -13 - following program(s) of insurance covering its operations hereunder. Such insurance shall be provided by insurers satisfactory to COUNTY and evidence of such programs satisfactory to COUNTY shall be delivered to DIRECTOR on or before the effective date of this AGREEMENT. Evidence of insurance program shall be as required in Appendix A. Such evidence shall specifically identify this AGREEMENT and shall contain express conditions that COUNTY is to be given written notice at least 45 days in advance of any modifications or termination of any program of insurance. 1. Liability. Such insurance shall .be primary to and not contributing with any other insurance maintained by COUNTY and shall name COUNTY and its officers, agents and employees as additional insured while acting within the scope of their duties but only as to work performed by CITY or its contractor(s) and/or subcontractor(s) under this AGREEMENT. Such insurance shall include, but not be limited to: -14- a) 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. A certificate evidencing such insurance coverage shall be filed with DIRECTOR prior to CITY providing SERVICES hereunder. b) Automobile liability insurance endorse for all owned, hired, and nonowned vehicles in an amount at least equal to those required by the Public Utilities Commission or the Department of Motor Vehicles as follows: 0 Seating capacity of 16 passengers or more (including driver) $5,000,000. • Seating capacity of 15 passengers or less (including driver) $1,500,000. • Taxicabs as defined by Vehicle Code Section 27908 a minimum of $100,000 per person, $300,000 per occurrence, and -15- $50,000 property damage or a combined single limit of $300,000. A certificate evidencing such insurance coverage shall be filed with DIRECTOR prior to CITY providing SERVICES hereunder. 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 including Employer's Liability with a $1,000,000 limit, covering all. persons providing SERVICES by or on behalf of CITY and all risks to such persons under this AGREEMENT. A certificate evidencing such insurance coverage shall be filed with DIRECTOR prior to CITY providing SERVICES hereunder. Insurance requirements stated above apply to all CITY contractor(s) and/or subcontractor(s) as well as CITY, provided, however, that COUNTY will S. T. -16 - accept evidence from CITY of self-insurance programs which meet requirements stated above. 4. Failure to Procure Insurance. Failure on the part of CITY to procure or maintain required insurance shall constitute a material breach of contract upon which COUNTY may immediately terminate this CITY shall provide or require regular and continuous formal safety instruction for all operating personnel assigned to perform any activities under this AGREEMENT. Such personnel shall be required to attend regularly scheduled safety meetings at least twice a year. This AGREEMENT is by and between COUNTY and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association, as between COUNTY and CITY. -17- U. Notices Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows: If to CITY: City of Santa Clarita Public Works and Transportation 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355-2196 If to COUNTY: Department of Public Works Programs Development Division 900 South Fremont Avenue Alhambra, CA 91803-1331 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. Notice simply to the City of Santa Clarita or to the COUNTY of Los Angeles or any other department is not adequate notice. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by their respective officers, duly authorized by the CITY OF SANTA CLARITA on , 1995 and by the COUNTY OF LOS ANGELES on , 1995. COUNTY OF LOS ANGELES BY Chair, Board of Supervisors ATTEST: JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors fn Deputy APPROVED AS TO FORM: DE WITT W. CLINTON County Counsel BY Deputy v�secran�aa�n;t:ee�::nnFr:f:�°.. t ATTEST: CITY OF SANTA CLARITA BY City Clerk Mayor APPROVED AS TO FORM: By City Att rney EVIDENCE OF INSURANCE PROGRAMS CITY shall submit to COUNTY evidence of satisfactory insurance programs and vehicle(s) information as required below: 1. Certificate of insurance which specifically identifies this AGREEMENT and which includes, but not be limited to, the following: a. Full name of the insurer. b. Name and address of the insured and, if E&D SERVICE and GP SERVICE is provided in whole or in part by taxicabs, the taxicabs' operator's name. C. Insurance policy number. d. Type(s) and limit(s) of liability coverage. e. Certificate issue date. f. Certificate expiration date. g. Condition that the insurer shall notify COUNTY in writing at least 45 days prior to any modification or cancellation or termination of any insurance program. Statements to the effect that the issuing company will "endeavor to mail notice" or "intends to notify" are not acceptable. h. Signature of an agent authorized to do business with the insurer. 2. The following information for each of the insured vehicle(s): a. Vehicle make. b. Vehicle model. C. Vehicle year. d. Vehicle license number. e. Vehicle identification number. f. Vehicle seating capacity. P\SECTRANS\AGREE\SHARES'+;.: