PV Transit RPV and County of LA (1990-91) % - 411
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AGREEMENT rn
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THIS AGREEMENT is made and entered into as of the 1st day ofeo
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Jul 1990 , by and between the CITY OF RANCHO PALOS VERDES, 3
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hereinafter referred to as "RPV" , and the COUNTY OF LOS ANGELES , z
hereinafter referred to as "COUNTY" .
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WITNESSETH UD
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WHEREAS, RPV and COUNTY agree that it is in the public
interest to provide paratransit service to the residents of the
unincorporated COUNTY area on the Palos Verdes Peninsula defined in
Appendix A, hereinafter referred to as "SERVICE" ; and
WHEREAS, COUNTY is willing to fund the public cost of SERVICE
to residents of COUNTY from July 1 , 1990 through June 30 , 1991
using COUNTY' s Proposition A local return funds .
NOW, THEREFORE, RPV and COUNTY agree as follows:
1. Scope of SERVICE. RPV shall furnish SERVICE to persons
residing in COUNTY at such times and places as may be
requested within SERVICE area identified in Appendix B and
according to SERVICE requirements as defined in Appendix A.
Such SERVICE shall be provided to any destination within RPV,
Palos Verdes Estates , Rolling Hills Estates , the enclosed
unincorporated COUNTY area shown in Appendix B, and such
other destinations as are approved from time to time by RPV.
RPV may apply for and the Los Angeles County Transportation
Commission may grant a Proposition A Discretionary Fund bonus
A
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through its Subregional Paratransit Grant Program,
hereinafter referred to as "BONUS" , as a result of the joint
RPV/COUNTY paratransit program described herein. BONUS shall
not exceed 25 percent of RPV' s costs for operating said
joint paratransit program.
2. Term of SERVICE. The term of SERVICE under the Agreement
shall be from July 1, 1990 through June 30, 1991 . Upon
mutual agreement of COUNTY and RPV, this Agreement may be
renewed on an annual basis.
3 . Routing and Scheduling. COUNTY and RPV have cooperatively
established SERVICE area and requirements within RPV' s
available transportation capacity as described in Appendix A.
If RPV determines that SERVICE may be improved by revisions
to scheduling, vehicle assignment or area served, RPV may
plan and institute such changes and shall notify the Los
Angeles County Director of Public Works or his designee,
hereinafter referred to as "DIRECTOR" , of such changes as
soon as reasonably feasible.
4 . Fares . RPV shall charge such fares as it shall establish.
The fare revenue shall be retained by RPV to partially fund
operating costs. RPV shall, upon request of COUNTY, accept
passes or vouchers issued by COUNTY in lieu of the cash fares
specified herein consistent with procedures approved by RPV
for use of such passes or vouchers.
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5 .
`-5 . Payment for SERVICE. COUNTY agrees to pay, upon receipt
of claim and documentation thereof, COUNTY' s share of the
total costs of SERVICE. COUNTY' s share of the total actual
costs shall be based on COUNTY' s proportion of total
population served, which for calculations under this
Agreement shall be 6 percent. Total actual costs shall
include RPV's contractor' s charges and RPV's administrative
charges less fares collected and less any BONUS received. In
addition, COUNTY may purchase additional SERVICE at rates set
forth in the Agreement between RPV and its contractor plus
RPV overhead costs, not to exceed ten percent (10% ) of the
cost of COUNTY' s additional purchased SERVICE. The
anticipated cost of SERVICE from July 1 , 1990 to June 30 ,
1991 and COUNTY' s maximum obligation under this Agreement is
$50 ,823 .
COUNTY'S obligations under this Agreement are subject to
availability of funds in its 1990-91 Fiscal Year budget.
6 . Claims for Payment. RPV shall submit claims for payment
along with the documentation thereof in the form and number
required by COUNTY within 15 days of the end of each month
that SERVICE is provided. Subject to acceptance and approval
by COUNTY, payment will normally be made within 30 days of
approval.
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7 . Permits and Licenses. RPV shall secure and maintain all
permits and licenses required by law for the execution of
SERVICE under this Agreement. RPV shall also ensure that its
contractor secures and maintains all permits and licenses
required by law to operate SERVICE.
8 . Marketing. RPV shall promote SERVICE to COUNTY residents.
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 subject to review by DIRECTOR. All
promotional material specifically disseminated to the
unincorporated area shall include the following: "Funding
for PV Transit and the Peninsula Dial-A-Ride are provided by
each city and the County from farebox and the half-cent sales
tax revenues dedicated to transit uses ." Marketing costs by
RPV, in COUNTY, shall be included in the Agreement amounts to
be paid to RPV. Any amounts in excess of the budget require
pre-approval by COUNTY.
9 . Liability and Insurance.
A. RPV 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,
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death or property damage arising from or connected with
RPV's negligent operation of SERVICE hereunder;
including, but not limited to, damages resulting from any
dangerous condition of RPV' s roads, and further including
any workers ' compensation suits , liability or expense
arising from or connected with SERVICE performed by RPV
or its contractor pursuant to this Agreement.
B. COUNTY shall indemnify, defend and hold harmless RPV,
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
COUNTY' s negligent operations or services hereunder,
including, but not limited to, damages resulting from any
dangerous condition of COUNTY' s roads , and further
including any workers ' compensation suits, liability or
expense arising from or connected with SERVICE performed
by COUNTY pursuant to this Agreement.
C. Without limiting RPV' s indemnification of COUNTY, RPV
shall ensure that its contractor shall provide and
maintain at its own expense during the term of this
Agreement as a minimum the following program(s) of
insurance covering the operations hereunder. Such
insurance shall be provided by insurers satisfactory to
COUNTY and evidence of such programs satisfactory to
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COUNTY shall be delivered to COUNTY'S DIRECTOR on or
before the effective date of this Agreement. Evidence
of insurance programs shall be as required in
Appendix C. 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 RPV or
subcontractor under this Agreement. Such
insurance shall include, but not be limited to:
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.
b) Automobile liability insurance endorsed for
all owned, hired, and nonowned vehicles in an
amount at least equal to those required by the
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Public Utilities Commission or the Department
of Motor Vehicles as follows:
o Seating capacity of 16 passengers or more
( including driver) $5 ,000 ,000 .
o Seating capacity of 15 passengers or less
( including driver) $1,500 ,000 .
o Taxicabs as defined by Vehicle Code
Section 27908 a minimum of $100 ,000 per
person, $300 ,000 per occurrence, and $50 ,000
property damage, or a combined single limit of
$300 ,000 .
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 and which specifically
covers all persons providing SERVICE by or on
behalf of RPV and all risks to such persons under
this Agreement. A certificate evidencing such
insurance coverage shall be filed with COUNTY'S
DIRECTOR prior to RPV providing SERVICE hereunder.
3 . Subcontractor. Insurance requirements stated
above apply to all subcontractors as well as RPV.
.
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4 . Failure to Procure Insurance. Failure on the part
of RPV to procure or maintain required insurance
shall constitute a material breach of contract
upon which COUNTY may immediately terminate this
Agreement.
10 . Safety Program. RPV shall ensure that regular and con-
tinuous formal safety instruction for all drivers assigned
to perform any activities under this Agreement is provided
and shall require SERVICE personnel to attend regularly
scheduled safety meetings at least 4 times per year.
11 . Independent Contractor Status. This Agreement is by and
between COUNTY 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 COUNTY and RPV.
RPV understands and agrees that all persons providing
SERVICE pursuant to this Agreement are, for purposes of
workers ' compensation liability, employees solely of RPV
or its contractor and not of COUNTY.
RPV or its contractor shall bear the sole responsibility
and liability for furnishing workers ' compensation
benefits to any person other than COUNTY employees for
inquiries arising from or connected with SERVICE performed
on behalf of RPV pursuant to this Agreement.
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12. Termination of Agreement. This Agreement may be ter-
minated by RPV or COUNTY at any time upon 30 days prior
written notice by either party without further liability
of any sort. RPV may immediately terminate this contract
if RPV' s contract with its contractor is terminated and
RPV is unable to secure a substitute contractor. In the
event of termination, COUNTY shall pay RPV for all SERVICE
provided prior to the date of termination. RPV shall also
pay COUNTY 4 percent the residual value of any vehicle(s)
partially funded by COUNTY by this or previous
agreement(s) . Residual value shall mean the purchase
price less depreciation.
13 . Unforeseen Conditions. RPV or its subcontractor(s) for
SERVICE shall not be charged, nor shall DIRECTOR demand
from them damages because of failure in providing the
SERVICE indicated in the Agreement due to unforeseeable
causes beyond the control and without the fault or
negligence of RPV or its subcontractor. Such causes of
excusable delay may include acts of Federal and/or State
governments, acts of COUNTY, or anyone employed by it,
acts of public enemy, fires, force of nature, loss of
transportation facilities, loss of funding, epidemic,
quarantine, restrictions, lock out, strikes, freight
embargoes, and public road closures, when satisfactory
evidence thereof is presented to DIRECTOR but in every
case the delay is excusable only for so long as, and to
the extent, that the excusable delay continues.
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14. Personnel and Operations . All personnel assigned to per-
form SERVICE under this Agreement shall be subject to the
continuous 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 the general public. COUNTY shall have the
right to have authorized COUNTY personnel board any
SERVICE vehicle for the purpose of monitoring SERVICE or
inspecting vehicle; however, COUNTY 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, physical or mental
disability, be unlawfully subjected to discrimination
under SERVICE.
15 . Employment of Aliens. CITY 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 alien status
requirements contained in Federal and State statutes and
regulations including, but not limited to, the Immigration
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Reform and Control Act of 1986 (P.L. 99-603 ) . RPV 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. RPV shall retain such documentation
for all covered employees for the period prescribed by
law. RPV shall indemnify, defend and hold harmless, the
COUNTY, its officers and employees from employer sanctions
and any other liability which may be assessed against RPV
or COUNTY or both in connection with any alleged violation
of Federal statutes or regulations pertaining to the
eligibility for employment of person performing services
under this Agreement.
16 . Record Keeping, Reporting and Auditing. RPV will pro-
vide access to daily ridership logs and operational
records for SERVICE deemed necessary by County and shall
provide copies of same upon specific request by COUNTY.
RVP shall keep records of all operating costs of SERVICE
in accordance with strict accounting procedures. RPV
shall immediately notify COUNTY of all accidents of which
it becomes aware. RPV 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 3 years following the close of
each fiscal year of SERVICE.
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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 SERVICE, and if such audit finds that COUNTY' s
dollar liability for such SERVICE is less than payments
made by COUNTY to RPV, then RPV agrees that the difference
shall be either: (1) repaid forthwith by RPV to COUNTY by
cash payment, or ( 2) at COUNTY' s option, credited against
any future payments hereunder to RPV. If such audit finds
that COUNTY' s dollar liability for SERVICE is more than
payments made by COUNTY to RPV, then the difference shall
be paid to RPV by COUNTY by cash payment, provided that in
no event shall COUNTY' s maximum obligation, as set forth
in Paragraph 5 of this Agreement, be exceeded.
17 . 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 ensure a consistent fulfillment with
the terms of this Agreement. Spare vehicles shall be
provided at no additional cost to COUNTY. All equipment
and facilities shall meet all requirements of applicable
Federal, State and local ordinances and laws .
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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 COUNTY.
18 . Other Services. Nothing in this document shall prohibit
COUNTY from separately contracting for or providing other
transit services (specifically, Peninsula Dial-A-Ride)
within SERVICE area identified in Appendix B.
19. Handicapped-Accessibility. RPV shall meet handicapped-
accessibility requires as defined in Appendix D.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers duly author-
ized
uthor-ized on the date here inab-1, •
ATTEST: LARRY J. MONT 14-ialikef4L,AI UNTY OF LOS ANGELES
Executive Of •i► ►.., tv(
of the Board - r •.,§
AOR
[1FgR N4 • S
B , �- / i By
DEPUTY CHAIRMAN, BOARD OF SUPERIVSORS
ATTEST: CITY OF RANCHO PALOS VERDES
By_ Pap By �L l t.l
CITY CLERK MAY R
APPROVED AS TO FORM APPROVED AS TO FORM
DE WITT W. CLINTON
County Counsel
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By ---�1 By
• - NAV CITY ATTORNEY
rancho ADOPTFD
BOARD OF St1PERVI )Rc
COUNTY or t_os smr,r .-
38 MAYO1199O
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LARRY J.MON i EILIi
EXECUTIVE OFFICER
•
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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 9: 30
p.m. to 10:30 p.m. on Wednesday, Friday and Saturday evenings .
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. Same-day and 24-hour advance 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. Also, groups of up to
eighteen persons may travel together within SERVICE area with
advance notice.
Every effort shall be made to pick up patrons not earlier than ten
minutes before and not later than ten minutes after scheduled
pickup time. RPV shall cause to be provided a back-up vehicle to
patrons in emergency situations when deemed necessary by RPV to
satisfy needs and avoid disruption of normal SERVICE, at no
additional cost to COUNTY. Group riders shall be emphasized and be
encouraged. SERVICE shall be available to the general public in
addition to elderly ( 60 years and older) and handicapped and their
escorts .
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SERVICE Area
SERVICE shall be provided in the unincorporated county areas and
cities serviced by Palos Verdes Transit identified on the attached
map (Appendix B) . In addition, additional locations or areas in
Los Angeles County may be served upon approval by RPV.
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PALOS VERDES TRANSIT
APPENDIX 8
Service Area:
Rancho Palos Verdes
Palos Verdes Estates
Rolling Hills Estates
County of Los Angeles