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PV TRANSIT
AGREEMENT •
Between the Cities of Rancho Palos Verdes
and Rolling Hills Estates
FY 90-91
•
AGREEMENT •
THIS AGREEMENT is made and entered into as of the 1st day of
. July, 1990 by and between the CITY OF RANCHO PALOS VERDES
(hereinafter referred to as "RPV" ) and the CITY OF ROLLING HILLS
ESTATES (hereinafter referred to as "RHE") .
WITNESSETH
WHEREAS, RPV and RHE agree that it is in the public interest
to =: }ratu ,t--, set i e to the residents of the City of
Rolling Hills Estates on the Palos Verdes Peninsula defined in
Appendix A attached here to, hereinafter referred to as Service,
and
WHEREAS, RHE is willing to fund the public cost of Service
to residents of RHE from July 1, 1990 to June 30 , 1991, using
RHE' s Proposition A local return funds;
NOW THEREFORE, RPV and RHE agree as follows :
1. Scope of Service. RPV shall furnish Service to per-
sons residing in RHE hereinafter specified, at such times and
places as may be requested within the established operating i n area
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hereinafter identified in Appendix B and according to the operat-
ing procedures and policies as further defined in Appendix A.
Such Service shall be provided to any destination within RPV,
RHE, Palos Verdes Estates , and enclosed unincorporated County
areas as shown in Appendix B, and such other areas as are ap-
proved from time to time by RPV. RPV shall apply for the Los An-
geles County Transportation Commission Paratransit Subregional
Funds Incentive Program "Bonus" available from the Los Angeles
County Transportation Commission as a result of providing
paratransit service to more than one jurisdiction.
2. Term of Service. The term of Service under this
Agreement shall be from July 1, 1990 to June 30 , 1991. Upon
mutual agreement of RHE and RPV, this Agreement may be extended
on an annual basis. RHE will notify RPV thirty (30) days prior
to expiration of this contract as to RHE ' s intent to extend ,
amend or cancel .
3 . Routing and Scheduling. RHE and RPV have cooperatively
established Service areas and requirements within RPV' s available
transportation capacity as described in Appendix A. If it is
determined that Service may be improved by revisions to schedul-
ing and vehicle assignment, RHE and RPV may plan and institute
such changes jointly upon mutual consent within the terms of this
Agreement.
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4. Fares. RPV shall charge $1 . 50 per one-way ride
during peak hours, $1. 00 per one-way ride during off peak hours,
for all riders who are residents of RHE. Changes of fares may be
made by mutual consent. Peak hours are 7 :00 a.m. to 9 :00 a.m.
and 1 :30 p.m. to 4 :00 p.m. , Monday through Friday. The fare
revenues shall be retained by RPV or its subcontractor to par-
tially fund operating costs in addition to the payment provided
by RHE under Paragraph 5, RPV shall upon request of RHE, accept
passes or vouchers issued by RHE in lieu of the cash fares
specified herein, consistent with procedures approved by RPV for
use of such passes or vouchers .
5. Payment for Service. In consideration of the per-
formance on the part of RPV of the terms of this Agreement, RHE
agrees to pay upon receipt of claim and documentation provided by
RPV, RHE's share of the total costs of Service. RHE's share of
the total actual costs shall be based on RHE' s proportion of to-
tal ridership, but shall not be less than 5% of the total actual
cost . Total actual costs shall mean RPV' s contractor ' s and
subcontractor 's charges, and RPV' s administrative charges, less
fares collected and less any Bonus received from the Los Angeles
County Transportation Commission by RPV. For this Agreement,
RHE' s proportion of basic Service is estimated to be 13% . In
addition, RHE or RPV may purchase additional Service at rates set
forth in the Agreement between RHE and the P.V. Transit contrac-
tor plus RPV overhead costs not to exceed 10% of the cost of
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RHE' s additional purchased Service. Except for costs incurred
pursuant to Section 9, the cost of Service for the initial , con-
tract period to RHE from date of Agreement to June 30 , 1991 is
estimated to be $110 ,117. Except for obligations provided in
Section 9, RPV' s and ' RHE' s obligations , under this Agreement are
. subject to availability of County Proposition A Transit funds in
their current and subsequent fiscal year budgets . RPV may im-
mediately terminate this Agreement when the budget amount is
reached or when RHE' s Proposition A funds are exhausted.
6 . Claims for Payment. RPV or its subcontractor shall sub-
mit claims for payment along with the documentation of claim in
the form and number required by RHE for service provided within
thirty (30) days of the end of each month.
7. Permits and Licenses. RPV shall secure and maintain
all permits and licenses required by law for the execution of
Service performance under this Agreement.
8. Marketing. RPV shall promote Service to RHE resi-
dents. 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/or on the vehicles or other means , all of which is
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411 410
subject to review by RHE. Marketing costs by RPV, in RHE , shall
be included in the Agreement amounts to be paid to RPV. Any
amounts in excess of the budget are to be approved by RHE.
9. Liability and Insurance.
A. RPV shall indemnify, defend and save harmless RHE,
its officers , agents and employees, from and against any and all
liability, expense, including defense costs ' and legal fees and
claims for damages for any nature whatsoever resulting from any
dangerous condition of RPV' s roads .
B. Without limiting RPV' s indemnification of RHE, RPV
shall insure that its subcontractors shall provide and maintain
at their own expense during the term of this Agreement as a mini-
mum the following program (s) of insurance covering the operations
hereunder. Such insurance shall be provided by insurers satis-
factory
atis--factory to RHE and evidence of such programs satisfactory to RHE
shall be delivered to RHE' s City Manager on or before the effec-
tive date of this Agreement. Such evidence shall specifically
identify this Agreement and shall contain express conditions that
RHE is to be given written notice at least sixty (60) days in ad-
vance of any modification or termination of any program of in-
surance.
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1. Comprehensive General Liability. A program in-
cluding, but not limited to, comprehensive general liability,
with independent contractor and contractual liability endorse-
ments, property damage and automobile coverage with a combined
single limit of not less than $10 ,000 ,000 per occurrence. Such
insurance shall be primary to and not contributing with any other
insurance maintained by RHE, and shall name RHE, and its of-
ficers, agents and employees as additional insureds while acting
within the scope of their duties but only as to work performed by
RPV or its employees or subcontractors.
2. Worker ' s Compensation. RPV or its subcontractor
shall provide and maintain during the term of this Agreement a
program of Worker 's Compensation insurance in an amount and form
to meet all applicable requirements of the Labor Code of the
State of California and which specifically covers all persons
providing services by or on behalf of RPV and all risks to such
persons under this Agreement. A . certificate evidencing such in-
surance coverage shall be filed with RHE's City Manager prior to
RPV' s commencement of work hereunder.
3 . Failure to Procure Insurance. Failure on the part
of RPV's subcontractors to procure or maintain required insurance
shall constitute a material breach of contract upon which RHE may
immediately terminate this Agreement.
C. RHE shall indemnify, defend and save harmless RPV,
its officers , agents and employees, from and against any and all
liability, expense, including defense costs and legal fees and
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• 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 any dangerous condition of
RHE' s roads.
D. Except as provided in subsections A & C of this
Section 9, RPV and RHE shall be responsible for their "respective
share" of all liability, expense, including defense costs and
legal fees and claims for damages of any nature whatsoever, in-
cluding, but not limited to, bodily injury, death, personal in-
jury, on property damage arising from or connected with opera-
tions or services hereunder. RPV' s "respective share" shall be
74% and RHE' s "respective share" shall be 13% .
10. Safety Program. RPV shall ensure that regular and
continuous formal safety instruction for all drivers assigned to
perform any activities under this Agreement is provided and shall
require them to attend regularly scheduled safety meetings at
least four ( 4) times per year .
11. Independent Contractor Status. This Agreement is by
and between RHE and RPV and is not intended, and shall not be
construed , to create the relationship of agent , servant ,
employee, partnership, joint venture or association, as between
RHE and RPV.
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RPV understands and agrees that all persons furnishing
services to RHE pursuant to this Agreement are, for purposes of
Worker ' s Compensation liability, employees solely of RPV or its
subcontractors and not of RHE.
RPV or its subcontractors shall bear the sole respon-
sibility and liability for furnishing worker 's compensation
benefits to any person other than employees of RHE for injuries
arising from or connected with services performed on behalf of
RPV pursuant to this Agreement.
12. Termination of Agreement. This Agreement may be
terminated by RPV or RHE at any time after July 1 , 1990 upon
thirty (30) days prior written notice without further liability
of any sort. RPV may immediately terminate this contract if
RPV' s contract with its subcontractor is terminated and RPV is
unable to secure a substitute subcontractor. In the event of
termination, RHE shall pay RPV for all service provided prior to
the date of termination.
13 . Suspension of Operation. RPV may suspend all or a
portion of the services when said performance is made impossible
by inclement weather , earthquake , fire , flood , cloudburst ,
cyclone or other natural phenomenon of a severe and unusual na-
ture, act of a public enemy, epidemic, quarantine restriction,
embargo, or any other unforeseeable cause beyond the control and
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411 111
without the fault of RPV. RPV shall immediately inform RHE by
telephone and in writing of such suspension, if reasonably
feasible.
14. Personnel and Operations. All personnel assigned to
perform Service under this Agreement shall be subject to the con-
tinuous approval of RPV. 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 the handling of elderly and handicapped in-
dividuals. RHE shall have the right to have authorized RHE per-
sonnel board any of RPV' s Service vehicles; however , RHE shall
advise RPV prior to such action. RPV shall have the right to
refuse any or all passengers if passenger activity will in any
way impair safe operation of any vehicle operating under Service.
No person shall , on the basis of ethnic group iden-
tification, religion, age, sex, color, or physical disability, be
unlawfully subjected to discrimination under this Service.
15. Record Keeping , Reporting and Auditing . RPV will
provide access to or copies of daily ridership logs or other
operational records for Service requested by RHE , upon specific
request by RHE, RPV shall report monthly ridership of the total
system to RHE. RPV shall keep records of all operating costs of
Service in accordance with strict accounting procedures. RPV
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shall notify RHE of all accidents of which RPV becomes aware.
RPV shall maintain such operating and fiscal records necessary to
comply with Los Angeles County Transportation Commission Proposi-
tion A requirements and procedures and shall maintain all records
on file for a minimum of three (3) years following the close of
each fiscal year of Service.
If, at any time during the term of this Agreement or at
any time after the expiration or termination of this Agreement,
authorized representative of RHE conduct an audit of RPV or RPV' s
contractor regarding the services provided to RHE per terms of
this Agreement and if such audit finds that RHE ' s dollar
liability for such services is less than payments made by RHE to
RPV, then RPV agrees that the difference shall be either; ( 1)
repaid forthwith by RPV to RHE by cash payment, or (2) at RHE's
option, credited against any future payments hereunder to RPV.
If such audit finds that RHE ' s dollar liability for services
provided hereunder is more than payments made by RHE to RPV, then
the difference shall be paid to RPV, by RHE by cash payment,
provided that in no event shall RHE' s obligation for this Agree-
ment, as set forth in Paragraph 5 of this Agreement, be exceeded.
16 . Equipment Requirements. RPV shall cause to be supplied
sufficient and adequate vehicles, all maintained in good and
clean condition including air conditioned vehicles , at least one
of which shall be handicapped lift equipped, and other spare
vehicles in the event of regularly assigned vehicle breakdown to
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insure a consistent fulfillment with the terms of this Agreement.
Spare vehicles shall be provided at the rates set forth between
RPV and its contractor. All equipment and facilities shall meet
all requirements of applicable Federal , State and local or-
dinances and laws.
Vehicle replacement costs shall be included in the
Agreement amounts to be paid to RPV. Any amounts in excess of
budget are to be approved by RHE.
17. Other Services. Nothing in this document shall
prohibit RHE from separately
contracting for or otherwise provid-
ing
d-
ing
other transit services , specifically, without limitation,
n,
Peninsula Dial-A--Ride.
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 ROLLING HILLS ESTATES
By Val/12N
Mayor
ATTEST: A(/„/LYPvf, 4-,
Ci 'y Clerk
CITY OF RANCHO PALO' VE:DES
B AP .d4r1`
. Ma if
A EST:
-4._At fdo
City Clerk
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•
APPENDIX A
SERVICE Requirements
• Operating hours of SERVICE shall be from 7 a.m. to 9 :30 p.m. ,
Monday through Friday; 9 a.m. to 9 :30 p.m. , Saturday; and 9
a.m.
to 7 p.m. , Sunday. Extended evening hours will operate from -
P 9 .30
p.m. to 10 :30 p.m. on Wednesday, Friday and Saturdayevenings.operate on the
SERVICE will not
following six major holidays:
New Year ' s Day, Memorial Day, Independence Day, Labor Day ,
Thanksgiving Day,g and Christmas Day. Same- day and 24-hour ad-
vance reservation SERVICE will be provided subject to
availability of vehicle time and capacity. Regular riders may
use subscription service to schedule pickup at the same time each
day for a one-month period. Also, groups of up to eighteen
together within area. with
per-
sons may travel
SERVICE area with advance notice.
Every effort shall be made to pick up patrons not earlier than
ten (10) minutes before and not later than ten (10) minutes after
scheduled pickup time. RPV shall cause to be provided a back-up
vehicle to patrons in emergency situations
g y when deemed necessary
by RPV to satisfy needs and avoid disruption of normal SERVICE,
at no additional cost to RHE. Group trips shall be emphasized
and be encouraged. SERVICE shallP
be available to the general
public in addition to elderly ( 60 years and older) and hand-
icapped and their escorts . Elderly and handicapped residents
dents
must request a lift-equipped van, if necessary, at least 24 hours
in advance.
SERVICE Area
SERVICE shall be provided in the unincorporated county y areas and
cities serviced by Palos Verdes Transit identified on the at-
tached map (Appendix B) . In addition, additional locations or
areas in Los Angeles County may be served upon approval by RPV.
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RTD :R T:?L C` RENTAL , INC .
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20co Ryder Truck Renca ' ,
:nsurance epar=nenc ,
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District: �?eaac-.. .... ,� 33102-081 o
.mar ters - .0
CE r1 Ii IcAT: 0? INSIRANC:
This certificata is issued as a matte-of =a in_o� _-� t 1_o n on?•
no runts upon the cert1 This certiz+
c3te does not amendf+cote ;older . l and confers
extend o; �, '
Iter t:e coverage of rded by the '
policies below.
Certifies placement of insurance core--�aszs for:
Transit Contractors , Inc . and :E „ ,
`�anageT=n � Se:Service C � R.�ae_,. Truck
•.��..:t Rental ,
Co . ,• , +nc . ATILiA 3 600 N . W . 82ad Avenue
5 1 7 Vine Street , Sui.te 800 Miami , 33102-0316
,
Cincinnati , OH 45202 FL X3102-03 i 6
Insurer:
A Old Republic Insurance Com Old Republic Insurancezany Policy Number: 7.-35725B
C ? Company Policy Number: Z-35726
D Policy Number :
E Policy Number :
Policy Number :
For the following coverages :
( El General Liability
Limits :
$5 , 000 , 000 csL
(AI Automobile Liability
Limits : 55 , O00 , 000 CSL
f I Excess Liability :
Workers CompensationLimzts
r imits :
Employer ' s Liability Limits :
Expiration Date : Until Cancelled
Description of Operations/Locations/Vehicles /Special Items :
The cities of Rancho Palos Verdes , RollingHills Hills Estates , Palos Verdes
Estates and the county of Los Angeles and officers ,their�r o f., ♦cars , env loyees and
insured are named as additional accordin g to the terms and
provisions of a Transit Contract t between Cert:,f icatt Holder ' s and
Transit Contractors , Inc .
Cancellation: Should any of the �
above described policies be cancelled
before the expiration date thereof , the issuing company will mail 60
days written notice to the certificate holder Haman below.
Certificate Holder:
Date hued: ,1/ Lfb8',
City Manaeer j
City of Rancho Palos Verdes ;.,r;fie, •�'`�
3Q940 Hawthorne olvd j4
• AuthorfZed Signature
Rancho Palos '.'erdes . CA 90274
ATTN: Sanara Leaman
•
0 •
PV TRANSIT 1990-91
+
A • B C 0
1 IPV TRANSIT
2 iFY 1 990-91 i
0 ,Fes.---'
4 1
3 ,`.DM�IINIISTRA T ICN
MI PATE 'I-CURS i TOTAL
.7 2 ri: c,•,al .r35 3 3680
3 jProiect Suoarviso, 378 120 31,560
9 i T rams►: Supsrv;scr 1 .345 1 628 $73,260
1 0 '.s.om. Assistant , £30 41 6 $12,480 II
1 1 :Secretarial $25 41 6 $10,400
1 2 1Ciarical i
` 320 J 8 $720
H3JSUTCTL � 2_.:2 4 $9 9,14 C l
t1
1 5 10PERiT0NS i
1 6 1 Fix3d Cost (1.) $19.163 c 1 2 I . $229,953
1 7 I Variable Cost $20.31 ! 20,173 $413,776
33
1. .SU:3 T OTAL $543,732
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2 3 11. 4% increase over previous year
211
2 2 i i 1 -
Ea MARKETING •
2 4 Ticket Books I $0
2 5 Transit Guide I $3,600 I
2 6 t Sr. Brochure Ad $125
27 Fl ers $500
2 8 SUBTOTAL $4 225
29 i
3 0 VEHICLE REPLACEMENT i
31 I $50,000 2 $100,000
3 2 I SUBTOTAL I i $100,000
33
3 4 TOTAL I t $847,057
35 1 1
36
3 7 P.EVENI,'ES
3 8 !PROP.A FARES I GRANT 2 TOTALS
3 9 RPV - 75% $506,437 $59,421 $69,434 $635,292
40
41 RHE - 13% $87,683 $10,399 • $12,035 $110,117
42
4 3 L.A. COUNTY-6% I $40,812 $4,457 $5,555 $50,823 -
44
4 5 PVE - 6% $33,769 $11,500 $5,555 $50,823
46 t
- 4 7 TOTALS i $668,701 $85,776 $92,579 $847,057
48 1 1
• 4 9 1. 58,028 PASS. 2 $1.28/PASS. j
5 0 2. 14%OF NET OPERATING BUDGET(VV/O VEHICLE REPLACEMENT COST)
51 3. PVE FAREBOX REVENUE_$11,500. , - I I
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