HomeMy WebLinkAboutAGENDA REPORT 2010 0505 CC REG ITEM 10F ITEM 10.F.
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City Council Meetino
ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director
Prepared by: Shaun Kroes, Senior Management Analyst
DATE: April 23, 2010 (CC meeting of 05/05/10)
SUBJECT: Consider Request for Proposals for Dial-A-Ride Paratransit Services
BACKGROUND AND DISCUSSION
On April 12, 2010, the City's fixed-route contractor, Coach America (CUSA) began
providing Dial-A-Ride Paratransit services for the City on a month-to-month basis. The
City's previous contractor, Nationwide Transit, was terminated on April 12, 2010. The City
is required to select a new contractor through the Request for Proposal (RFP)process as a
federal funding requirement.
The successful bidder will be required to operate and manage the Dial-A-Ride Paratransit
services for the City consisting of curb-to-curb demand responsive transportation for senior
(aged 62+) citizens and persons with disabilities certified in accordance with the Americans
with Disabilities Act (ADA). Senior Dial-A-Ride trips occur within the City of Moorpark.
ADA service includes Moorpark with limited Inter-City ADA service to neighboring cities of
Thousand Oaks and Camarillo, and coordinated transfers to nearby Paratransit systems,
including but not limited to, Simi Valley Dial-A-Ride, Gold Coast Access, and L.A. Access.
The system operates 6:00 a.m. to 6:00 p.m. Monday through Friday, to compliment the
City's fixed-transit system.
The City's Senior Dial-A-Ride and ADA Paratransit Intra-City (travel within Moorpark)
programs are funded with Transportation Development Act (TDA) funds. The City's Inter-
City(travel outside of Moorpark)for ADA Paratransit service is partially funded with Federal
Transit Administration (FTA) funds, with the remaining funding from TDA funds.
Passengers also pay a fare, which varies depending on where the passenger is traveling.
The deadline for proposals is June 4, 2010 at 3:00 p.m. Staff will review submitted
proposals and provide a recommendation for award of agreement for the Council's
consideration.
S\Public Works\Everyone\Reports\StaN Repor1sQ010WIay105-05-2010(Paratrans't RFP)clot 217
Honorable City Council
May 5, 2010
Page 2
FISCAL IMPACT
The City has traditionally budgeted between $65,000 to $75,000 for Paratransit services.
However, recent bids and pricing for other transit agencies suggest that the expected bids
for the City's Paratransit service will be higher (perhaps $100,000 to $150,000 per year).
Due to the recent decreases in TDA funding, the City Council may want to explore the
feasibility of reducing some of the Inter-City Paratransit services to transfers only as a
method of reducing costs. This would enable additional TDA funds to be allocated to the
City's Streets and Roads fund, which has seen steady decreases of the past two or three
fiscal years. To provide an idea of potential savings, this RFP includes two price
proposals. The first price proposal is for Paratransit service as it currently exists and the
second price proposal is for a reduced Paratransit service, where the Inter-City Paratransit
service will travel to transfer points only. Based upon the bid results, staff will return to the
City Council with a recommendation on Paratransit services.
STAFF RECOMMENDATION
Approve the RFP, subject to final language approval of the City Manager and City Attorney,
and authorize bid solicitation for Paratransit services.
Attachment A: Dial-A-Ride Paratransit Services RFP
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Attachment A
CITY OF MOORPARK
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REQUEST FOR PROPOSAL (RFP)
FOR
DIAL-A-RIDE PARATRANSIT SERVICES
May 6, 2010
Bid Submission Deadline:
June 4, 2010
Proposals are due by 3:00 p.m.
Moorpark City Hall
Public Works
799 Moorpark Avenue
Moorpark, CA 93021
219
NOTICE INVITING REQUESTS FOR PROPOSAL
FOR
DIAL-A-RIDE PARATRANSIT SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark as Agency, invites
sealed bids for the above stated project and will receive such bids in the Public Works
Department, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 3:00
p.m. on June 4, 2010.
The purpose of this invitation is to solicit proposals for Dial-A-Ride Paratransit Services.
Bids must be prepared on the approved Proposal Forms in conformance with the
Instructions to Bidders and submitted (one original and one copy) in a sealed envelope
plainly marked on the outside, "DIAL-A-RIDE PARATRANSIT SERVICES — DO NOT
OPEN WITH REGULAR MAIL". The City of Moorpark City Council reserves the right to
waive any informalities or irregularities in any proposal submitted, to reject any or all
proposals, and to award agreements to one or more contractor for one or more of the
RFP items. Proposals will remain valid for ninety (90) days while the City reviews the
bids.
Hardcopy to:
City of Moorpark
Public Works Department
Attn: Shaun Kroes
799 Moorpark Avenue
Moorpark, CA 93021
• Documents are to be double sided and printed on recycled content paper
(minimum of 30% post-consumer recycled content).
• Bids may be hand delivered to the City of Moorpark receptionist at 799 Moorpark
Avenue.
This RFP does not commit the City to award an Agreement, nor pay for any costs
incurred in the preparation of a proposal for this request. The City reserves the right to
accept or reject any or all proposals received as a result of this RFP, to negotiate with
any qualified firm or to modify or cancel in part or in its entirety the RFP if it is in the best
interests of the City to do so.
Bid Packets and Proposal Forms may be picked up at Moorpark City Hall, 799
Moorpark Avenue, or mailed upon request.
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A pre-bid meeting will be held on May 25, 2010, at 11:00 a.m., at Moorpark City Hall
Development Services Conference Room, 799 Moorpark Avenue, Moorpark, CA 93021
to discuss the project. Interested bidders are strongly encouraged to attend.
All questions relating to this RFP should be addressed in writing (E-mail is acceptable)
to:
Shaun Kroes
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
skroes @ci.moorpark.ca.us
The deadline for questions is May 28, 2010, at 5:00 p.m. All questions will be recorded
and submitted, with answers, to all known bidders by 5:00 p.m., June 1, 2010.
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TABLE OF CONTENTS
PAGE
I. Introduction.........................................................................................5
11. Services to be Performed.......................................................................5
111. Proposal Content/Format.......................................................................6
IV. Proposal Evaluation and Selection..........................................................7
VI. General Proposal Terms & Conditions....................................................8
A. Agreement Requirement
B. Communications Regarding RFP
C. Modification or Withdrawal of Submittals
D. Property Rights
E. Confidentiality
F. Non-Commitment of City
G. Insurance Endorsement
VI. Proposal Checklist...............................................................................9
APPENDIXES
A. Scope of Services
B. Proposal Cost Forms - Form B and B-1)
C. Proposer Reference Form — Parts I & 11
D. Vehicle Identification Forms — Parts I and 11
E. Sample Agreement
Attachments:
1. Documentation of Insurance Coverage Requirements
1A. Sample Endorsement
2. Liquidated Damages
3. FTA Requirements
4. Labor Code Section 1070 — 7074
5. Transit Employee Protective Requirements
Exhibit 1: Certifications of Primary Participation Regarding Debarment, Suspension,
and other responsibility matters
Exhibit 2: Lobbying Certification
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I. Introduction
This RFP seeks proposals from qualified firms to operate and manage Dial-A-Ride
Paratransit services for the City of Moorpark (City) consisting of curb-to-curb demand
responsive transportation for senior (aged 62+) citizens and persons with disabilities
certified in accordance with the Americans with Disabilities Act (ADA). Senior Dial-A-
Ride trips occur within the City. ADA service includes Moorpark with limited Inter-City
ADA service to neighboring cities of Thousand Oaks and Camarillo, and coordinated
transfers to nearby Paratransit systems, including but not limited to, Simi Valley Dial-A-
Ride, Gold Coast Access, and L.A. Access.
The City of Moorpark is a municipal corporation located in Ventura County, California.
Moorpark is about twelve square miles in size, with a population of a little over 36,000.
The City of Moorpark provides a wide range of community services including transit,
Paratransit, recreation and Active Adult (senior citizen) programs in Moorpark. The City
prides itself in the quality of services it delivers to its residents.
Operations of the transportation services contemplated by this RFP shall be conducted
in accordance with the terms and conditions contained herein, in the Scope of Services
(Appendix A), the Sample Agreement (Appendix E) and other documents, laws and
regulations governing this project.
II. Services to be Performed
Proposals shall be for providing dispatchers, vehicles and drivers for Dial-A-Ride
Paratransit Services, and maintaining sufficient relief drivers and backup vehicles to
ensure uninterrupted service. The Dial-A-Ride is a curb-to-curb demand responsive
service to participants that have been pre-qualified by either the City (for Senior Dial-A-
Ride) or the Ventura County Transportation Commission (VCTC) (for ADA Paratransit).
In Fiscal Year 2009/10, 335 Senior Dial-A-Ride trips and 2,361 ADA Paratransit trips
were provided. Senior Dial-A-Ride trips averaged 4 miles per trip and ADA Paratransit
trips averaged 11 miles per trip. Together, the Intra-City and Inter-City services average
11 trips per day.
In addition to the basic level of service described above, proposals shall be for
preparing reports and maintaining records as specified by the City of Moorpark.
Moorpark Intra-City Senior & ADA Paratansit: The City offers Senior Dial-A-Ride
service to residents aged 62 and older and persons with disabilities certified under the
Americans with Disabilities Act (ADA). This is a curb-to-curb transportation service from
6:00 a.m. — 6:00 p.m. weekdays within the Moorpark City limits.
For Senior service, a one-page application must be completed in order to enroll in the
program. ADA certification requires a more detailed application.
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Applications for Senior and ADA services are available from the City of Moorpark. The
ADA application originates from VCTC. The rider pays $1.50 each way, and the City
subsidizes the rest of the fare within the City. Wheelchair accessible vans or vehicles
must be available, but are not always necessary.
Senior Nutrition Transportation Program: VCTC and the Ventura County Area Agency
on Aging provide an Older Americans Act (OAA) grant to support senior nutrition
transportation services. Any senior citizen going to the Moorpark Active Adult Center
meal site within one hour before and after the meal is served (usually at Noon) may ride
the Senior Dial-A-Ride & ADA Paratransit and the fare is a suggested donation of $1.50
per trip. Should a rider not pay the full $1.50 donation in lieu of the fare, the remainder
is added to the City subsidy. To use the service, the senior citizen must register for the
service within the City.
Inter-City ADA Paratransit: This service enables ADA-certified persons with disabilities
to travel from Moorpark to Thousand Oaks or Camarillo. The rider pays $3.00 per trip
for travel to and from Thousand Oaks/Westlake Village and the Simi Valley transfer
point. The rider pays $4.50 per trip for travel to and from Camarillo, Oak Park and the
Gold Coast transfer point.
Contractor will be responsible for reservations and scheduling of Dial-A-Ride &
Paratransit service requests. These responsibilities are identified in the Scope of
Service.
The City, at its sole option, may contract with more than one operator or expand or
reduce services during the term of the Agreement. Proposers are encouraged to review
the Scope of Service (Appendix A) and Sample Agreement (Appendix E) for more
information regarding operation of services.
III. Proposal Content/Format
Prospective contractors shall submit a proposal with the required Proposal Cost
Forms (Appendix B and B-1); Proposer Reference Form — Parts I and II (Appendix
C); Vehicle Identification Forms — Parts I and II (Appendix D); Required
documentation of insurance coverage (Attachment 1) including sample general
liability endorsement (Attachment 1A); Required documentation of FTA
(Attachment 3), including certification of primary participation regarding
debarment, suspension, and other responsibility matters (Exhibit 1); and Lobbying
Certification (Exhibit 2). The proposal should be provided in a sealed envelope and
marked on the outside of the envelope "EVALUATION AND RECOMMENDATIONS
FOR MOORPARK CITY TRANSIT— DO NOT OPEN WITH REGULAR MAIL". - with the
name of the firm. Two (2) copies of the proposal are required (including original
documents).
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Submit proposal to: City of Moorpark
Public Works Department
Attn: Shaun Kroes
799 Moorpark Avenue
Moorpark, CA 93021
PROPOSALS MUST BE RECEIVED BY THE CITY NO LATER THAN 3:00 P.M., ON
JUNE 4, 2010.
IV. Proposal Evaluation and Selection
The Proposal Cost Forms, Proposer Reference Forms, Vehicle Identification Forms,
required documentation of insurance coverage, required FTA documentation, including
certification of primary participation regarding debarment, and lobbying certification
must be sealed and received by the City up to the hour of 3:00 p.m. on the 4th day
of June, 2010. Proposals received after the time and date specified above will not be
considered and will be returned unopened.
All bids received shall be evaluated with the emphasis placed on:
1. The proposing firm's ability to meet City requirements.
2. The responsiveness of the bid.
3. The quality of the equipment quoted for the required cost.
4. Other factors such as the ability to meet service dates and the general
competence of the bidder.
5. Cost shall be evaluated in relation to other qualified bidders. The City need
not select the lowest bidder, but may choose according to the lowest qualified
bid in the best interest of the City.
6. After review of proposals by Moorpark staff, Proposers may expect questions
about their proposals and may be called to visit City June 8, 2010.
Unsigned proposals or proposals signed by an individual not authorized to bind the
prospective Contractor will be rejected.
This RFP does not commit the City to award an Agreement, nor pay for any costs
incurred in the preparation of a proposal for this request. The City reserves the right to
accept or reject any or all proposals received as a result of this RFP, to negotiate with
any qualified firm or to modify or cancel in part or in its entirety the RFP if it is in the best
interests of the City to do so.
The prospective contractor is advised that should this RFP result in recommendation for
award of an Agreement, the Agreement will not be in force until it is approved and fully
executed by the City.
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All products used or developed in the execution of any Agreement resulting from this
RFP will remain in the public domain at the completion of the Agreement.
Compensation under any Agreement resulting from this RFP will be on a time and
expense basis at rates stated in the fee proposal.
A sample of the proposed Agreement is attached herein as Appendix E. The Contractor
shall adhere to the provisions of this Agreement. The Contractor shall advise the City,
in the proposal transmittal letter, of any provision which they have alternative wording or
any provision which they cannot accept.
Any Agreement awarded as a result of this RFP will be awarded without discrimination
based on race, color, religion, age, sex, or national origin.
V. General Proposal Terms and Conditions
Agreement Requirement - The Contractor to whom the Agreement is awarded shall
execute a written Agreement with the City within ten (10) calendar days after notice of
the award has been sent by mail to the Contractor at the address given in the Proposal.
The Agreement shall be made in the form approved by the City and incorporated in this
RFP. Any exceptions, concerns, or requests to modify the Sample Agreement must be
provided in writing and submitted with the Contractor's Proposal. The Contractor
warrants that it possesses, or has arranged through subcontracts, all capital and other
equipment, labor and materials to carry out and complete the work hereunder in
compliance with all applicable federal, state, county, and City laws, ordinances, statutes
and regulations.
Communications Regarding RFP - If a prospective contractor is in doubt as to the
meaning or intent of any part of the RFP, or discovers discrepancies in or omissions
from the RFP, it may submit a written request for an interpretation or correction thereof
to the Project Manager, Shaun Kroes, City of Moorpark. Interpretation or correction of
the RFP shall be made only by addendum duly issued by the City. A copy of any such
addendum will be mailed or delivered to each person receiving the RFP, and such
addendum shall be considered a part of the RFP and shall be incorporated therein. All
timely requests for information submitted in writing by May 28, 2010, will receive a
written response from the City. Telephone communications with members of City staff
are not encouraged, but will be permitted. However, any such oral communication shall
not be binding on the City.
Modification or Withdrawal of Submittals - Any proposal received prior to the date and
time specified for receipt of proposals may be withdrawn or modified by written request
of the prospective contractor. To be considered, however, the modified proposal must
be received by the time and date originally specified.
Property Rights - Proposals received within the prescribed deadline become the
property of the City and all rights to the contents therein become those of the City.
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Confidentiality - Prior to award of the Agreement, all proposals will be designated
confidential to the extent permitted by the California Public Records Act. After award of
the Agreement, or if not awarded, after rejection of all proposals, all responses will be
regarded as public records and will be subject to review by the public. Any language
purported to render confidential all or portions of the proposals will be regarded as non-
effective and will be disregarded.
Non-Commitment of City - This RFP does not commit the City to award an agreement,
to pay any costs incurred in the preparation of a proposal responding to this request, or
to procure or contract for services. The City reserves the right to accept or reject any or
all proposals received as a result of this request, to negotiate with any qualified firm, or
to modify or cancel in part or in its entirety the RFP, if it is in the best interest of the City
to do so.
Insurance Endorsement - Contractor's attention is directed to Attachment 1A "Sample
Endorsement". The City requires Contractor to endorse the third party general liability
coverage required per Attachment 1 to include as additional insureds the City, its
officials, employees and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. The preferred endorsement form is the CG 2010 11 85.
Contractor is required to submit its insurance company's sample endorsement
certificate to demonstrate that it is aware and able to provide the required certificate if
awarded the Agreement.
VI. Proposal Checklist
All of the following items must be included in the submitted proposal in order to be
considered complete. Prospective contractor may include additional materials as
necessary. Contractor should submit an original proposal and one (1) copy. The
proposal must include the following:
1. Proposal Cost Forms (Appendix B and B-1)
2. Proposer Reference Form — Parts I and II (Appendix C)
3. Vehicle Identification Forms — Parts I and II (Appendix D)
4. Required documentation of insurance coverage (Attachment 1) — including sample
general liability endorsement (Attachment 1A)
5. Required documentation of FTA (Attachment 3), including certification of primary
participation regarding debarment, suspension, and other responsibility matters
(Exhibit 1) and Lobbying Certification (Exhibit 2)
6. Proposer Supplied Additional Information
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APPENDIXES
APPENDIX A - SCOPE OF SERVICES
APPENDIX B - PROPOSAL COST FORM
APPENDIX B-1 - PROPOSAL COST FORM (SHORTENED SERVICE AREA)
APPENDIX C - PROPOSAL REFERENCE FORM
APPENDIX D -VEHICLE IDENTIFICATION
APPENDIX E - SAMPLE AGREEMENT
ATTACHMENTS:
1. DOCUMENTATION OF INSURANCE COVERAGE REQUIREMENTS
1A. SAMPLE ENDORSEMENT
2. LIQUIDATED DAMAGES
3. FTA REQUIREMENTS
4. LABOR CODE SECTION 1070 - 1074
5. TRANSIT EMPLOYEE PROTECTIVE REQUIREMENTS
EXHIBITS
1: CERTIFICATIONS OF PRIMARY PARTICIPATION REGARDING DEBARMENT
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
2: LOBBYING CERTIFICATION
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APPENDIX A
SCOPE OF SERVICES
Section 1: Service Days and Hours
The Moorpark Dial-A-Ride Paratransit service is complementary to the Moorpark City
Transit fixed route bus system and has the same service days and hours as the fixed
route. These are currently Monday through Friday, 6:00 a.m. — 6:00 p.m. There is no
service outside these hours, or on weekends, or on the following six (6) national
holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day. Service is provided on other federal, state and local holidays.
The service days and hours of the Dial-A-Ride service will be adjusted to match any
future changes in the Moorpark City Transit service days and hours.
The City reserves the right to make adjustments to the service hours. For major
adjustments, the Contractor will be notified in writing not less than seven (7) calendar
days prior to the effective date; for minor adjustments, the Contractor will be given at
least 24 hours notice.
Section 2: Personnel
City shall have the right, contingent upon the Contractor's personnel policy guidelines, to
ask for the temporary or permanent removal of any personnel furnished by Contractor for
any reasonable cause (not to be construed as requesting removal from Contractor's
employment). Contractor shall submit a copy of its current personnel policy guidelines
with this Attachment and any Attachments thereto. All personnel shall be employees of
Contractor and Contractor shall be solely responsible for payment of all employees' wages
and benefits.
Contractor, without any expense to City, shall faithfully comply with the requirements of all
applicable laws with respect to employee liability, workers' compensation, unemployment
insurance and other forms of social security. Contractor shall also be responsible for
withholding of income tax at its source from employees' wages and, further, the Contractor
shall indemnify and hold harmless the City and the State of California from any liability,
damages, claims, costs, and expenses of any nature arising from alleged violation of such
laws.
Contractor shall provide thorough training for all employees for the proper performance of
their duties. Contractor must have a training program encompassing the National Safety
Council Defensive Driving Course. This program shall direct itself to dealing specifically
with transporting the elderly and mobility impaired. All employees shall receive proper
training and instruction at the time of hiring and prior to being assigned to service for the
City. This training program must be described fully and submitted to City for review within
ten (10) days of Agreement approval by the City. Training records, with drivers' names
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and training dates, shall be furnished to the City. Only employees identified on training
records as successfully completing training shall transport passengers for the City.
Section 3: Dispatch
The Contractor must maintain a dispatch center with scheduling and communications
capabilities sufficient to meet federal Americans with Disabilities Act (ADA) standards
and the standards contained herein. A dispatcher shall be available to schedule trip
requests between the hours of 6:00 a.m. - 6:00 p.m. Monday - Friday; and 7:30 a.m. -
4:00 p.m. on Sunday (for Monday reservations). Both the dispatchers and the drivers
shall coordinate the provisions of this service such that it will optimize the number of
participants carried and minimize circuitous routing while maintaining on-time
performance. Dispatcher's shall advise participants, to the best of their ability, the
approximate time of pick-up. Per ADA requirements, Intra-City ADA requests must be
met within one (1) hour of the participant's requested time. For example, if an ADA
participant requests a 10:00 a.m. pick-up, the Contractor must be able to pick-up that
participant by 11:00 a.m. or 9:00 a.m., otherwise, the request is considered a "denied"
trip. The Contractor shall make all possible efforts to avoid any undue delay(s).
Contractor shall use the provided Trapeze Dispatch Program, equipment and any
additionally provided programs to enhance the demand response and reservation
system. The Trapeze Program and equipment is provided by the Ventura County
Transportation Commission (VCTC) through the City for the sole use of dispatch
services within the City and the coordination of the county wide ADA program.
The City is responsible for providing the Contractor with lists or rosters of eligible Senior
and ADA Disabled Paratransit participants.
Reservation guidelines are as follows:
Intra-City travel: Participants may call two (2) hours in advance of requested pick-up
time. For example, call at 10:00 a.m. for a Noon pick-up. If the participant has an
appointment he or she needs to make, or uses a wheelchair, the participant is
requested to call one day (24 hours) in advance. However, the Contractor shall make
every effort to accommodate requests that are made with less than one day (24 hours)
notice.
Inter-City travel: Once ADA certified, participants are advised to make reservations at a
minimum of one day (24 hours) and not more than fourteen (14) days in advance.
However, the Contractor should make every attempt to accommodate service requests
made with less than one day (24 hours) notice. Paratransit reservations will be the
responsibility of the Contractor. For trips involving a transfer, the Contractor is
responsible for coordinating the transfer times with the respective agency (such as Simi
Valley Transit, Gold Coast Access, or L.A. Access). The Contractor will also be
responsible for scheduling reservations with input from the City when necessary.
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Section 4: Operations
The Contractor shall be responsible for operation of the vehicles used to provide
services contemplated by this Attachment. The Contractor shall ensure at all times that
vehicles used for participant conveyance shall be operated with due regard for the
safety, comfort, and convenience of the public. The Contractor shall be responsible for
complying with all applicable federal, state, and local laws and requirements, including
obtaining a Business Registration from the City.
The Contractor shall be responsible for ensuring compliance with ADA 49 CFR 27, 37,
and 38: Transportation for individuals with disabilities, Final Rule, dated September 6,
1991, or as it may be amended.
The City may, from time to time, issue directives concerning matters related to
Paratransit services; e.g., reservation procedures and cancellation notification. The
Contractor shall assist the City in implementing and/or enforcing these directives.
The Contractor must:
1. Maintain a current file on certified Moorpark Paratransit participants including
name, address, telephone number, disability, and any other information that will
assist the driver.
2. Receive Paratransit reservation requests via the telephone. Participant
reservation requirements are listed in Section 3.
3. Keep a list of paratransit activities, including:
a. Number of one-way rides per day.
b. Number of one-way rides per month.
c. Number of"no shows" per month.
d. Number of "denials" per month.
4. Provide reservation information to the City via email.
Section 5: Contractor Vehicles
Contractor shall provide all necessary vehicles, including at least one primary
wheelchair accessible van and at least one backup vehicle to ensure continuation of
service in case of a breakdown of the primary vehicle. All Contractor-supplied vehicles
shall be no more than five (5) years old. The Contractor shall at all times be required to
have a backup vehicle available for use in the event that the primary vehicle is unable to
operate.
All vehicles must be equipped with a wheelchair lift and meet ADA standards. Backup
vehicles shall be in safe and good working order. The City shall have the right to
approve the suitability of any vehicle used by the Contractor.
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In the event that the primary vehicle being used by the Contractor breaks down, the
Contractor shall provide a backup vehicle on site within one and one half (1.5) hours
from the time the primary vehicle breakdown is reported to the Contractor.
Non-accessible Vehicles: Certain participants do not need a wheelchair
accessible vehicle or van. In the past, these participants have been adequately
served with a taxicab, town car, or mini-van. This is acceptable as long as the
participant is not inconvenienced by not being transported in an accessible
vehicle.
Section 6: Vehicle Maintenance
The Contractor shall perform the duties and accept the responsibilities set forth herein
pertaining to the maintenance of the Contractor's vehicles used to provide services.
Contractor's buses, vans, or other motor vehicles acceptable to the City that are used to
provide services are referred to in this section as "vehicles". The omission of a duty or
responsibility herein shall not relieve the Contractor of any obligation to perform such duty
or accept such responsibility, so long as it is usual, customary and generally accepted
within the public transportation industry as being an integral element of operating a fixed-
route and complimentary paratransit Dial-A-Ride public transportation system of a kind
and character such as Moorpark City Transit.
6.1 Maintenance Facility: The Contractor shall provide and maintain an appropriate
fixed maintenance facility within a thirty-five (35) mile radius from the City. The
facility shall be equipped with all tools and equipment necessary for maintenance of
vehicles. When out-of-service, vehicles shall be stored at all times either within an
enclosed, paved garage, or within a paved, security-fenced outside storage area.
6.2 Daily Maintenance: The Contractor shall perform daily vehicle servicing on all
vehicles. Daily servicing will include, but not be limited to, fueling; engine oil,
coolant, water, and transmission fluid check/add; farebox vault pulling and
replacement; wheelchair lift check; brake check; light and flasher check; and check
all vehicle performance defects reported by drivers to identify potential safety and
reliability items requiring immediate attention. The Contractor shall develop,
implement and maintain a written checklist of items included in the daily servicing of
the vehicles. The checklist will be utilized and kept on file for City and California
Highway Patrol (CHP) review at any time during regular business hours. The
checklist requirement may incorporate or supplement CHP required driver's pre-trip
safety inspections.
6.3 Vehicle Cleaning: The Contractor shall maintain the vehicle in a clean and neat
condition at all times.
The interior of the vehicles shall be kept free of litter and debris to the maximum
extent practicable throughout the operating day. Vehicles shall be swept and
dusted daily. Interior panels, windows, and upholstery shall be cleaned of marks as
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necessary. The interiors of all vehicles shall be thoroughly washed at least once
per week, including all windows, seats, floor, stanchions, and grabrails. All foreign
matter such as gum, grease, dirt, and graffiti shall be removed from interior
surfaces during the interior cleaning process. Any damage to seat upholstery shall
be repaired at the end of each day. Ceilings and walls shall be thoroughly cleaned
at least once per month, or more often if necessary. Destination sign interior glass
shall be cleaned as necessary to maintain a clean appearance and maximize
visibility.
The exteriors of vehicles shall be washed as required to maintain a clean, inviting
appearance and in no event less than once per week. Exterior washing shall
include the vehicle body, all windows, and wheels. Rubber or vinyl exterior
components such as tires, bumper fascia, fender shirts, and door edge guards shall
be cleaned and treated with a preservative at beast once per month, or as
necessary to maintain an attractive appearance. The vehicle exterior shall be
waxed once every six months.
The vehicles shall be kept free of vermin and insects at all times. The Contractor
shall exterminate all vermin and insects from the vehicles immediately upon their
discovery, utilizing safe and non-hazardous materials.
6.4 Preventive Maintenance: The Contractor shall develop and implement a preventive
maintenance program. At a minimum, the Contractor's preventive maintenance
program shall adhere to the preventive maintenance schedules and standards of
the industry, and shall meet the manufacturer's specifications and be sufficient so
as not to invalidate or lessen warranty coverage of the vehicles. Adherence to
preventive maintenance schedules shall not be regarded as reasonable cause for
deferred maintenance in specific instances where the Contractor's employees
observe that maintenance is needed in advance of schedule.
The Contractor shall not defer maintenance for any reason without the prior written
consent of the City. The Contractor shall adjust the work schedule of its employees
as necessary to meet all scheduled services and complete preventive maintenance
activities according to the schedule.
All parts used for preventive maintenance shall be new and meet the
manufacturer's specifications.
The City, at its own expense, may inspect vehicles to ensure that regular preventive
maintenance is being performed.
6.5 Vehicle Repairs: All repairs to vehicles shall be performed by the Contractor or by
other vendors and suppliers and shall be included in the final Agreement cost.
Repairs shall include, but not be limited to, work to correct loss or damage;
adjustments due to normal wear and tear; and overhaul, rebuilding or replacement
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of components. All required parts shall be new and meet the manufacturer's
specifications.
Repair work shall be conducted as soon as practicable upon learning that such
work is required. The Contractor shall perform repair work expeditiously in
response to identification of problems by drivers or other staff members. The
Contractor shall assure the City that required repairs shall not be deferred beyond a
reasonable time.
The Contractor shall be familiar with all vehicles and equipment warranties and
shall comply with all warranty provisions in the conduct of maintenance.
6.6 Vehicle Towing: In the event that towing of a vehicle is required due to mechanical
failure or damage, the Contractor shall be responsible to provide such towing at the
Contractor's sole expense.
6.7 Maintenance Records and Reports: The Contractor shall prepare, maintain, and
make available to the City records and data relative to vehicle maintenance.
Maintenance records shall be maintained on all vehicles indicating all warranty
work, preventive maintenance, and repairs performed on each vehicle. All such
records and reports shall be prepared and maintained in such a manner to fulfill any
applicable state or federal requirements, as well as any needs of the City to enable
it to evaluate accurately the Contractor's maintenance performance and the
operating expense associated with its services.
Records of all maintenance and inspections shall be made available to the City, the
CHIP and/or such other regulatory agencies with jurisdiction when requested. The
City maintains the right to inspect, examine and test, at any reasonable time, any
vehicles used and any equipment used in the performance of maintenance work in
order to ensure compliance. Such inspection shall not relieve the Contractor of the
obligation to monitor continually the condition of all vehicles and to identify and
correct all substandard or unsafe conditions immediately upon discovery.
The Contractor shall prepare and maintain records and reports that shall include,
but not be limited to, the following:
A. Daily vehicle inspection and servicing checklists.
B. Work orders for all maintenance inspections, warranty repairs and other
vehicle repairs including materials, parts and labor consumed.
C. Roadcall reports, or work order, for each roadcall identifying date and time,
vehicle number, problem and mileage of vehicle.
D. All fuel, fluids, and lubricants used.
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E. Monthly summaries of vehicle miles, vehicle miles since last preventive
maintenance inspection, lists of any vehicle repairs made, numbers and
lengths of time backup vehicle was used, and vehicle roadcalls.
Section 7: Drivers
The Contractor shall ensure that regularly assigned drivers or backup drivers are available
and on-time each day to ensure consistent and reliable service. The Contractor shall
review current California Department of Motor Vehicles (DMV) reports on all applicants for
the position of driver and shall reject any applicant with any failure to appear in court for
driving under the influence or other violations. Contractor shall join and bear full cost of
the DMV Pull Notice Program, whereby the Contractor shall be notified of any activity on a
driver's driving record. Any driver exceeding the DMV point system or with a revoked or
suspended license will not be allowed to provide driver service for the City.
Drivers are required to possess a valid California Class "B" or "C" driver license for the
operation of the type of vehicles to be used by that respective driver. The Contractor shall
provide thorough training for all personnel for the proper performance of their duties.
Drivers shall also be thoroughly trained on the use of all equipment used, including the
Contractor's backup vehicle. Contractor shall at a minimum perform background checks
on drivers utilizing a vendor such as Live Scan to ensure that no drivers with inappropriate
backgrounds are used to provide services under this Attachment. Drivers shall have no
felony conviction history. Drivers shall not have more than two (2) moving violations in the
past five (5) years and no driving while intoxicated/driving under the influence convictions
within the last seven (7) years.
At a minimum, drivers shall be required to: wear an approved uniform of clean and neat
appearance, be helpful and courteous, assist participants with transfers, ensure that fares
are collected and deposited in the farebox, assist elderly and disabled participants, refuse
rides to unruly participants, stay on schedule, obey all traffic laws, and enforce all
Moorpark City Transit participant rules. Drivers shall not smoke in the vehicles or allow
participants to do the same.
The City's Senior Dial-A-Ride and ADA Paratransit service is curb-to-curb, which means
the participant should meet the vehicle. However, the following procedures have been
established to ensure that participants have an opportunity to board vehicles in a timely
fashion when building design, weather, or other barriers prevent the participant from
seeing the vehicle upon arrival.
A. The following procedure applies to Senior Centers, medical facilities, Adult
Day Health Centers (ADHC) and other similar group facilities:
In the event that a scheduled participant is not ready and waiting at the
boarding station upon the vehicle's arrival, the driver shall:
• Inform the dispatcher of his/her arrival at the facility;
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• Indicate that the participant is a "No-Show". If time permits, the
dispatcher will direct the driver to:
- secure the vehicle (set parking brake and remove key);
- walk inside of the lobby/waiting area of the facility and inform the
facility staff that the driver is with the Paratransit service and
he/she is there to pick-up participant [insert name]. The driver
will return to the vehicle after completing this task; and,
- wait approximately four (4) minutes. If the customer does not
show, contact dispatch and await further instructions.
• Should the participant not show after the driver has waited the
allotted time and all other options have been exhausted, the
dispatcher will direct the driver to continue in service, noting that the
participant is a "No-Show".
B. The following procedure is for private participant residences:
In the event that a scheduled participant is not ready and waiting at the
boarding station upon the vehicle's arrival, the driver shall:
• Secure vehicle (set parking brake);
• Wait approximately four (4) minutes. If the customer does not show,
contact dispatch and await further instructions;
• If the schedule does not permit waiting additional time, the dispatcher
will place a telephone call, informing the participant that the vehicle is
outside;
• After confirming the vehicle's arrival with the participant, the
dispatcher will advise the driver that the participant is in route to the
vehicle; and
• If no answer is received, the dispatcher will direct the driver to
continue in service, noting that the participant was a "No-show".
Section 8: Operation Records and Reports
The Contractor will be required to maintain ridership and operations records for this
service as deemed necessary by the City.
The Contractor shall be responsible for submission of monthly service summary reports to
the City. These reports, to be submitted by the Contractor, along with the monthly invoice
within fifteen (15) business days of the end of each calendar month, shall include, but not
be limited to, the following:
A. Listing of all vehicle breakdowns/roadcalls occurring while in service with a
description of the cause and corrective actions taken.
B. Date, time, and length of time for any service disruptions.
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C. A monthly summary of vehicle miles, vehicle miles since last preventive
maintenance inspection, a list of any vehicle repairs made, number and
length of time a backup vehicle was used, and vehicle roadcalls.
D. Total participant counts by demographic category and fare (senior, ADA,
Intra, Inter) and date.
E. Participant counts by payment method (cash, pass, free meal trip, transfer)
by date.
F. Missed or abbreviated route trips, delays or unusual incidents while on duty.
Additionally, the Contractor shall collect, record and report annually other statistical data
required under Section 15 of the Federal Transit Act which includes, but is not limited to,
participant count by fare, vehicle hours, vehicle miles, vehicle revenue hours, vehicle
revenue miles, participants per hour, wheelchair boardings, participant trip denials, and
Dial-A-Ride participant"No-shows".
Section 9: Fares
The Contractor will collect fares as established by the City. Currently, the fares are (one
way):
Intra City
(Senior or ADA service): $1.50 per participant
City Senior Nutrition trips: $1.50 suggested donation
Inter-City ADA trips: $3.00 per participant (Thousand Oaks/Westlake, Simi
Valley)
$4.50 per participant (Camarillo, Oak Park, Gold Coast
Access, L.A. Access)
Personal Care Attendants (PCAs) do not pay the fare for trips within the City. For Inter-City
trips, PCAs must pay the regular ADA fare, which is currently based on the destination.
Companions and visitors must pay a fare in accordance with ADA guidelines.
When performing transfer services, the originating operator collects the full fare. For
example, if the Contractor is providing a trip from Moorpark to Simi Valley, Moorpark's
Contractor will collect the $3.00 fare and the transfer participant will not pay anything to
Simi Valley. Likewise, if Moorpark's Contractor is collecting a transfer participant from Simi
Valley, Simi Valley will have collected the $3.00 fare and Moorpark's Contractor will not
collect any fare.
A few ADA participants that attend an ADHC receive vouchers from the ADHC. The
Contractor shall keep track of those particular participants' trips and bill the respective
ADHC for payment. The participants' fares should be discounted from the City's invoice
as if they were paying cash fare.
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Section 10: Meetings and Contact Information
The Contractor shall make administrative staff available to attend two meetings per year of
the City's Transportation and Streets Committee. The City will notify the Contractor, in
advance, of any meeting the Contractor is required to attend. Contractor will provide the
City with emergency and after hours contact telephone numbers and pagers that the City
may use, as necessary, to communicate with the Contractor after normal working hours.
Section 11: Radio Communication
The Contractor shall install in all vehicles the necessary communication equipment to
allow for communication between the driver and the Contractor's dispatcher.
The Contractor shall notify the City, at the first available opportunity, of any vehicle
breakdowns or other problems that may cause schedule delays.
Section 12: Special Services
From time to time the City may wish to expand the hours or the days of services to the
community. With seven (7) days written notice, Contractor shall provide the expanded
service using the Contractor's vehicles, at the regular rate.
Section 13: Invoice Attachments
When submitting invoices, Contractor shall also provide driver sheets for all trips provided,
which shall include the following:
• Driver's name and vehicle ID number • Destination address
• Date • Fare paid/transfer
• Appointment time • Odometer at pick-up point
• Actual pick-up time • Odometer at drop-off point
• Actual drop-off time • Mileage/trip
• ADA number (if applicable) • Total mileage
• Participant name If a PCA was included
• Inter or Intra trip designation • Total trips
• Pick-up address • Total participants
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APPENDIX B
PROPOSAL COST FORM
In response to the Request for Proposals for Dial-A-Ride Paratransit Services from the City of
Moorpark, the undersigned agrees to provide services in accordance with these Documents,
which have been carefully examined.
Cost — Dial-A-Ride Paratransit Services.
Year 1 —July 1, 2010 — June 30, 2011
Initial cost, flag drop (base cost per trip) $
Cost per mile $
Year 2 —July 1, 2011 — June 30, 2012
Initial cost, flag drop (base cost per trip) $
Cost per mile $
Year 3 —July 1, 2012 — June 30, 2013
Initial cost, flag drop (base cost per trip) $
Cost per mile $
The undersigned understands that any conditions placed on the items stated above,
clarification made to the above, or information submitted on or with this form (other than
that requested) will render the proposal unresponsive. If awarded the Agreement, the
undersigned hereby agrees to sign said Agreement and to furnish the necessary
certificates and performance bond.
PROPOSER:
CONTACT:
TITLE:
ADDRESS:
TELEPHONE: EMAIL:
SIGNATURE: TITLE:
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ADDENDA
Bidder must fill in number and date of all addenda or enter the word "none", if
appropriate.
The following addenda are acknowledged and attached:
NO. DATED NO. DATED
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APPENDIX B-1
PROPOSAL COST FORM
FOR DECREASED DIAL-A-RIDE PARATRANSIT SERVICES
INTRA-CITY TRAVEL ONLY WITH TRANSFERS TO SIMI VALLEY, THOUSAND
OAKS, CAMARILLO AND GOLD COAST TRANSIT
In response to the Request for Proposals for Dial-A-Ride Paratransit Services from the City of
Moorpark, the undersigned agrees to provide services in accordance with these Documents,
which have been carefully examined.
Cost — Dial-A-Ride Paratransit Services.
Year 1 — July 1, 2010 — June 30, 2011
Initial cost, flag drop (base cost per trip) $
Cost per mile $
Year 2 —July 1, 2011 — June 30, 2012
Initial cost, flag drop (base cost per trip) $
Cost per mile $
Year 3 — July 1, 2012 — June 30, 2013
Initial cost, flag drop (base cost per trip) $
Cost per mile $
The undersigned understands that any conditions placed on the items stated above,
clarification made to the above, or information submitted on or with this form (other than
that requested) will render the proposal unresponsive. If awarded the Agreement, the
undersigned hereby agrees to sign said Agreement and to furnish the necessary
certificates and performance bond.
PROPOSER-
CONTACT-
TITLE-
ADDRESS-
TELEPHONE- EMAIL:
SIGNATURE: TITLE:
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ADDENDA
Bidder must fill in number and date of all addenda or enter the word "none", if
appropriate.
The following addenda are acknowledged and attached:
NO. DATED NO. DATED
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APPENDIX C
PROPOSER REFERENCE FORM - PARTS I AND II
PART
GENERAL INFORMATION
1. NAME
2. Bidder is a: (circle one)
Corporation/Partnership/Association/Sole Proprietorship
3. Bidder's address and Telephone Number:
4. Name, Title, Telephone Number, & Email Address of Bidder's Authorized
Representative:
5. Bidder's Credit References: (Include names, address, and telephone numbers of at
lease three references, one of which must be the organization's bank)
A.
B.
C.
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PART II
Client List for Transportation Services Currently and/or Previously Provided:
1. Client Name:
Client Address:
Contact Person:
Telephone Number:
Period of Service:
2. Client Name:
Client Address:
Contact Person:
Telephone Number:
Period of Service:
3. Client Name:
Client Address:
Contact Person:
Telephone Number:
Period of Service:
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APPENDIX D
VEHICLE IDENTIFICATION FORMS - PARTS I and II
PART I - VEHICLE INFORMATION
All bidders shall provide the following information for each type of vehicle the bidder
proposes to use in this project. Bidders must submit photographs of vehicle exteriors
and depictions of interior seating configuration, to be attached to this form.
1. Number of Vehicles Provided
2. Primary or Back-Up Vehicle
3. Vehicle Type/Model/Manufacturer
4. Date of Manufacture
5. Passenger Seating Capacity
6. Gross Vehicle Weight Rating
7. Engine/Transmission Type
8. Overall Length
9. Exterior Width
10. Interior Height
11. Aisle Width
12. Step Height from Ground
13. Destination Signs (Describe Location and Functions):
14. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph)
If any used vehicles are proposed, complete Part II of this form.
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APPENDIX D (continued)
PART II - STATEMENT OF CONDITION FOR USED VEHICLES
If used vehicles are proposed by the Contractor for use in this project, this form shall be
completed for each type of vehicle so proposed.
1. Number of Vehicles Provided
2. Primary or Back-Up Vehicle
3. Vehicle Type/Model/Manufacturer
4. Date of Manufacture
5. Passenger Seating Capacity
6. Gross Vehicle Weight Rating
7. Engine/Transmission Type
8. Vehicle Length and Exterior Width
9. Interior Height & Aisle Width
10. Step Height from Ground
11. Destination Signs (Describe Location and Functions):
12. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph)
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13. Total Accumulated Vehicle Mileage:
Date of odometer reading:
14. Number of Miles & Hours on Engine and Transmission Since Last Overhaul:
15. Tire Condition: (circle one) New Used Recapped
Comments:
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APPENDIX E
SAMPLE AGREEMENT
THIS AGREEMENT, made this day of between the
City of Moorpark, a municipal corporation, located at 799 Moorpark Avenue, Moorpark,
California 93021, hereinafter referred to as "City" and , hereinafter
referred to as "Contractor".
WITNESSETH
The Parties hereto do agree as follows:
1. Term — The term of this Agreement shall be from July 1, 2010, and will continue
in effect until the completion of the project on June 30, 2013.
The City shall have the exclusive option to extend this Agreement for up to two
(2) additional years, in consecutive one-year increments. The City shall advise
Contractor of its intention to continue for an additional period at least ninety (90)
days prior to the end of this Agreement.
2.1 Incorporation by Reference — Appendix A (Scope of Services), Appendix B
(Proposal Cost Form), Appendix C (Proposal Reference Form, Appendix D
(Vehicle Identification), Attachment 1 (Insurance Requirements), Attachment 2
(Liquidated Damages), Attachment 3, including Exhibits C-1 and C-2 (Federal
Transit Administration Requirements), Attachment 4 (Labor Code Section 1070 —
1074), and Attachment 5 (Transit Employee Protective Requirements), are
hereby incorporated and made a part of this Agreement.
2.2 Entire Agreement — This Agreement contains all of the covenants and
agreements between the parties with respect to the rendering of Paratransit
services by Contractor to the City, and contains all of the covenants and
agreements between the parties with respect to the rendering of such services in
any manner whatsoever.
Each party to this Agreement acknowledges that no representations,
inducements, promises, or agreements, oral or otherwise, not embodied herein,
shall be valid or binding and that no other agreement, statement or promise not
contained in this Agreement shall be valid or binding. This Agreement shall not
be amended in any way except by a writing expressly purported to be such an
amendment, signed and acknowledged by both of the parties hereto.
3. Definitions — "Vehicle" or "backup vehicle" shall mean a bus or van designated by
the Contractor for use in providing services under this Agreement, including but
not limited to a primary vehicle, an additional wheelchair accessible vehicle and a
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backup or replacement vehicle if needed due to a mechanical breakdown, traffic
incident, or any reason whatsoever to provide transportation services under this
Agreement. The backup or replacement vehicle shall be equipped with a
wheelchair lift and be of the size, capacity, and design specified in Exhibit A. All
vehicles shall be in a safe and good working order. The City shall have the right
to approve the suitability of any vehicle used by the Contractor under this
Agreement.
4. Compensation — Compensation for services to be performed by the Contractor
shall not exceed the daily rate submitted in the Contractor's Cost Proposal Form
Appendix B without additional authorization by the City. Services will be billed in
accordance with Contractor's proposal as it is accepted by the City. The City will
only pay for services actually rendered. Services rendered shall specifically
exclude time for travel to and from the Contractor's storage facility and downtime
for road assistance.
Contractor shall submit to the City a written invoice for services rendered fifteen
(15) days following the end of the month for which services were rendered.
Invoices should be accompanied with attachments specified in Exhibit A. The
City agrees to pay the amount due to the Contractor within 35 days following the
receipt of said invoice. The above rates to be paid to the Contractor may be
adjusted as of the first day of July, 2011 and each July first thereafter, in
accordance with the Cost Proposal Form submitted by the Contractor, if the City
exercises its option to extend the Agreement.
5. Liquidated Damages —The City reserves the right to assess Liquidated Damages
as specified in Attachment 2.
6. Federal Transit Administration (FTA) — Contractor shall comply with all FTA
Requirements as specified in Attachment 3.
7. City Obligations — City agrees to comply with all reasonable requests of the
Contractor relative to, and provide access to all documents reasonably
necessary for, the performance of Contractor's duties under this Agreement. City
shall be responsible for approving all trip routes, time schedules, and fares. City
reserves the right to change time schedules.
8.1 Contractor's Obligations — For and in consideration of the payments and
agreements herein before mentioned to be made and performed by City,
Contractor agrees with City to provide services as specified and to do everything
required by this Agreement, the said Exhibits and Attachments thereof. Without
limiting the generality of the foregoing, Contractor warrants on behalf of itself and
all subcontractors engaged for the performance of this Agreement, that only
persons authorized to work in the United States, pursuant to the Immigration
Reform and Control Act of 1986 and other applicable laws, shall be employed in
the performance of the work hereunder.
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8.2 Background Checks — Contractor must be registered with the Department of
Justice as a Human Resources Agency. Contractor shall at a minimum perform
background checks on drivers utilizing a vendor such as Live Scan to ensure that
no drivers with inappropriate backgrounds are employed to provide services
under this Agreement. Drivers shall have no felony conviction history.
9. Licenses and Registrations — At all times during the term of this Agreement,
Contractor shall have in full force and effect, all licenses and registrations
required of it by law for the performance of the services in this Agreement,
including a City Business Registration.
10. Indemnification — Contractor shall indemnify, defend, and hold harmless the City,
and its officers, employees, and agents ("indemnitiees"), from and against any
and all causes of action, claims, liabilities, obligations, judgments, or damages,
including reasonable attorneys' fees and costs of litigation ("claims"), arising from
Contractor's activities in the performance of the services under this Agreement,
excepting only those actions, claims, liabilities, obligations, judgments, or
damages arising out of the sole negligence of the City indemnitiees. In the event
the City indemnitiees are made a party to any action, lawsuit, or other adversarial
proceeding alleging negligent or wrongful conduct on the part of the Contractor:
A. The Contractor shall provide a defense to the indemnitiees or at the City's
option reimburse the indemnitiees their costs of defense, including reasonable
attorneys' fees, incurred in defense of such claims; and
B. The Contractor shall promptly pay any final judgment or portion thereof
rendered against the indemnitiees.
11. Insurance — The Contractor shall maintain prior to the beginning of, and for the
duration of this Agreement, insurance coverage as specified in Attachment 1.
12. Independent Contractor — Contractor is and at all times shall remain, as to the
City, a wholly independent Contractor. Contractor shall not, at any time or in any
manner, represent that he is an officer, employee or agent of the City. Contractor
shall comply with all applicable provisions of the Workers' Compensation
Insurance and Safety Acts and Labor Code of the State of California.
13. Amendments — Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the
City Manager.
14. Termination and Suspension — This Agreement, or portions thereof, may be
terminated, canceled or suspended in any one of the following manners:
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250
1) By mutual written agreement of the parties.
2) Upon thirty (30) days written notice by either party, with or without cause.
3) If in the sole subjective judgment of City at any time or times after the
commencement of the term of this Agreement, Contractor fails to perform the
services required to be provided in accordance with the terms hereof, or fails to
comply with any of the requirements and terms of this Agreement the City, upon
at least seventy-two (72) hours written notice to Contractor, and without
prejudice to any other remedies the City may have, may terminate Contractor's
services and any obligations the City may otherwise have under this
Agreement. The written notice shall instruct Contractor to cease its services as
of a specified day, and City shall have no further obligation to pay for services
tendered or otherwise after such date.
4) If in the sole subjective judgment of City at any time or times after the
commencement of the term of this Agreement Contractor fails to maintain in
force throughout the term of this Agreement, including any extensions thereof,
the insurance coverage required herein, or Contractor effects any willful acts
or omissions that endanger the public health and safety, the City may
immediately, without prior notification, and without prejudice to any other
remedies the City may have, suspend Contractor's services and any
obligations the City may otherwise have under this Agreement. Upon
receiving written notice of immediate suspension, Contractor shall have up to
fourteen (14) days to cure or remedy cause for suspension; however the City
may, at the City's sole discretion, terminate this Agreement within the
suspension period. Should the Contractor cure or remedy the cause for
suspension, and the cure or remedy is accepted, in writing, by the City,
Contractor may resume services.
15. Ownership of Reports and Data — At the time of 1) termination of this Agreement
or 2) conclusion of all work, all electronic and/or paper copies of the list(s) of
passengers and subscription services (all passenger information, pick-up times,
trip origins and destinations), vehicle maintenance records, incident reports or
other summaries of customer complaints, original reports, documents,
calculations, computer files, notes, and other related materials whether prepared
by Contractor or its subcontractor(s) or obtained in the course of providing the
services to be performed pursuant to this Agreement shall become the sole
property of City. Any word processing computer files provided to City shall use
Microsoft Word for Windows software.
16. Assignment/Successors — Contractor shall not assign this Agreement, or any of
the rights, duties or obligations hereunder. It is understood and acknowledged
by the parties that the Contractor is uniquely qualified to perform the services
provided for in this Agreement.
17. Attorneys' Fees — If any action at law or suit in equity, including an action for
declaratory relief, is brought to enforce or interpret any provision of this
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Agreement, the prevailing party shall be entitled to reasonable attorneys' fees,
court costs, and necessary disbursements, in addition to any other relief to which
it may be entitled.
18. Non-Discrimination — In the performance of the terms of this Agreement, the
Contractor agrees that it will not engage in, nor permit such subcontractors as it
may employ to engage in, discrimination in employment of persons because of
age, race, color, creed, sex, sexual orientation, national origin or ancestry,
religion, or marital status of such person(s). Violation of this provision may result
in the imposition of penalties referred to in the Labor Code of the State of
California Section 1735.
19. Venue — This Agreement is made, entered into, and executed in Moorpark,
Ventura County, California, and any action filed in any court of law for arbitration
of the interpretation, enforcement and/or otherwise of the terms, covenants and
conditions referred to herein shall be filed in an applicable court in Ventura
County, California.
20. Non-Exclusive Agreement — The City reserves the right to contract with other
firms during the Agreement term or to issue multiple agreements for individual
aspects of the project as may be deemed in the best interests of the City.
21. Public Domain — All products used or developed in the execution of this
Agreement will remain in the public domain at the completion of the Agreement.
22. Audit — City shall have the option of inspecting and/or auditing all records and
other written materials used by Contractor in preparing its statements to City as a
condition precedent to any payment to Contractor.
23. Interpretation of Agreement — Should interpretation of this Agreement, or any
portion thereof be necessary, it is deemed that this Agreement was prepared by
the parties jointly and equally, and shall not be interpreted against either party on
the grounds that the party prepared the Agreement or caused it to be prepared.
24. Waiver of Agreement — No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any such waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding unless executed in writing by the
party making the waiver.
25. Captions and Headings — The captions and headings of the various Articles and
Paragraphs of this Agreement are for convenience and identification only and
shall not be deemed to limit or define the content of the respective Articles and
Paragraphs hereof.
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26. Notice — Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by 1) personal
service, 2) delivery by a reputable document delivery service, which provides a
receipt showing date and time of delivery, or 3) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may
later designate by notice:
City: Steven Kueny
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Contractor:
27. Authority to Execute Agreement — Both City and Contractor do covenant that
each individual executing this Agreement on behalf of each party is a person duly
authorized and empowered to execute agreements for such party.
28. Responsible Individuals — The individual directly responsible for Contractor's
overall performance of the Agreement provisions above set forth and to serve as
principal liaison between Contractor and City shall be or
designee.
The City Manager, or his designee, shall represent the City in all matters
pertaining to the administration of this Agreement, and review and approval of all
work to be performed by the Contractor pursuant to this Agreement. The City
Manager is authorized to act on City's behalf to execute all necessary documents
which increase the Scope of Services or change Contractor's compensation.
29. Conflicts of Interest — Contractor agrees not to work for any private firm located
within the City limits or its Area of Interest, or for any public agency where its
jurisdiction includes all or part of the City without the prior written consent of the
City, during the term of this Agreement. Further, Contractor agrees to limit its
actions related to economic interest and potential or real conflicts of interest as
such as defined by applicable State law to the same standards and requirements
for designated City employees.
30. Labor Code Sections 1070 — 1074 — California Labor Code sections 1070 — 1074
apply to the Contractor as specified in Attachment 2, as do Transit Employee
Protective Provisions as specified in Attachment 5.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK
Steven Kueny, City Manager
Date:
ATTEST
Deborah S. Traffenstedt, City Clerk
CONTRACTOR
Name, Position
Date:
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ATTACHMENT 1
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $5,000,000 per occurrence for all covered losses and no less than
$10,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $5,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor's employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits
by one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$10,000,000 aggregate.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor-
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right
to subrogation prior to a loss. Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period, types of insurance, limits of insurance, or
indemnity) that may affect the City's protection without the City's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, the City has the right, but
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not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so
paid by the City shall be charged to and promptly paid by Contractor or deducted
from sums due Contractor, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any reduction or cancellation of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation,
or that any party will "endeavor" (as opposed to being required) to comply with
the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with
subcontractors and others engaged in the Work will be submitted to the City for
review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Contractor's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City will negotiate additional
compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
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steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is
canceled or terminated for any reason. Termination of this obligation is not
effective until the City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. As coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
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Agreement. Any such provisions are to be deleted with reference to the City. It
is not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for
payment of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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Attachment lA
Sample Endorsement
POLICY NUMBER, COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
(If no entry appears above imum auvn required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule,but only with respect to liability ansmg out of'your work'for that insured by or for you
CG 20 10 11 85 Copyright,Insurance Services Office,Inc 1984
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ATTACHMENT 2
LIQUIDATED DAMAGES
Contractor shall operate strictly according to the most current schedule provided by City
and to a reasonable on-time performance standard except where service is interrupted for
those reasons stated hereinafter. Service shall be provided as scheduled or according to
any adjusted schedule established by City, including trip route modifications if required.
Contractor shall strive at all times to provide service in a manner which will ensure
responsive service to participants, while at the same time maximizing service reliability
and safety. In order to identify key areas of concern to the City, various performance
standards are described below for which liquidated damage fines may be assessed
when service falls below the standard.
It is agreed any breach of this Agreement by Contractor could result in substantial
damages and injury to the public and City in amounts which are difficult to ascertain with
specificity at this time. Therefore, certain dollar amounts are established here for the
identified standards. Liquidated damages will be waived if service disruption was the
result of a manufacturer defect.
Measure Standard Penalty
Service start-up Service will commence on $200 every calendar day service
July 1, 2010. is delayed due to the Contractor.
Service will be provided at all $200 every calendar day
Service failure times during the term of this Contractor fails to provide
Agreement, except where
service.
noted.
Driver Driver in City-approved $75 per occurrence of failing to
appearance uniform. be in proper uniform.
Replacement of Replacement of the assigned $1,000 if project manager is
key management project manager replaced, without 30-day prior
staff . notice in writing to the City.
Submission of Reports received by 15th of Payment withheld until reports
monthly reports the following month. received.
Satisfactory California
Highway Patrol Vehicle and $200 for each vehicle which fails
Safety Terminal Inspection of inspection per occurrence.
Contractor provided vehicles
and facility-----.
The incidence of City-verified Should verifiable service
Complaints service complaints will be no complaints exceed 3 per month,
greater than three (3) per
calendar month. $75 per month.
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Measure Standard Penalty
Reservation 15 minutes before and up to If more than 10% of trips during a
On-time 15 minutes after the quarter are late, $75 per quarter.
performance scheduled pick-up time.
Missed trips More than 60 minutes late or $75 per occurrence.
failure to pick-up.
Breakdown shall not exceed $200 if breakdowns exceed 5%
Vehicle 5% of the total trips of total trips scheduled in a
breakdowns and scheduled during each quarter.
availability of quarter.
backup vehicles Backup vehicle must be $75 per day when a backup
available at all times. vehicle is not available.
The Contractor agrees that any of the above defaults will result in damage and injury to the
City. Additional verifiable complaints against the Contractor may occur that are not
listed above. The City may, at its sole option, notwithstanding other rights and
remedies, assess the Contractor with liquidated damages at the hourly rate of $200.00
per hour and the same rate for each fraction of an hour rounding up to the nearest
quarter hour, to compensate the City for staff time spent investigating the complaint until
time that complaint is remedied. Said assessment shall be deducted from any
payments due or to become due to Contractor under the terms of the Agreement. No
payment by City shall be construed as a waiver of City's right to deduct the assessment
and the assessment may be deducted from any subsequent payment.
Force Maieure
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 an act of God, fire, flood,
war, riot, civil disturbance, vandalism, terrorism, epidemic, quarantine, strike, lockout, labor
dispute, oil or fuel shortage, freight embargo, rationing or unavailability of materials or
products, loss of transportation facilities, commandeering of equipment, materials,
products, plants, or facilities of government, or any other occurrences or circumstances
which are beyond the control of the Contractor. Contractor shall maintain on-time
performance in accordance with federal Paratransit standards. City reserves the right to
monitor on-time performance.
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ATTACHMENT 3
FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS
1. Medical/Drug/Alcohol Testing
The Contractor shall require pre-employment medical examinations, including drug
testing, for all prospective drivers and other safety sensitive employees of the
Contractor. In addition, for any prospective employee who held prior safety-sensitive
positions for another United States Department of Transportation (USDOT)-funded
employer, the Contractor shall, after obtaining the required permission, check with those
previous employers for any prior positive test results. Additionally, the Contractor must
have an anti-drug program established for employees under the Congressionally
Mandated Drug-Free Workplace Act.
The Contractor shall comply with the Congressionally Mandated Drug-Free Workplace
Act of 1988, the Omnibus Transportation Employee Testing Act of 1991, and 49 Code
of Federal Regulations (CFR) Parts 653 & 654 regarding Drug and Alcohol Testing, and
the FTA Drug and Alcohol testing requirements. The required testing includes pre-
employment testing, testing after an accident, testing when there is reasonable
suspicion, random testing, and testing before returning to duty to perform sensitive
safety functions after a positive drug test.
2. Audit and Inspection
The Contractor shall permit the authorized representatives of the City, the Ventura
County Transportation Commission (VCTC), the USDOT and the Controller General of
the United States to inspect and audit all data and records of the Contractor relating to
its performance under this Agreement.
The Contractor also shall maintain all required records relating to this project for at least
three (3) years after the City makes final payment and all other pending matters are
closed.
3. Disadvantaged Business Enterprise (DBE)
A DBE is a business owned and controlled by one or more socially and economically
disadvantaged individuals. For the purpose of definition, DBE means an enterprise with
control by an individual or individuals who is/are Female, Black American, Hispanic
American, Asian Pacific American, Asian Indian American or Native American, and
other minorities or individuals found to be disadvantaged by the Small Business
Administration pursuant to Section 8(a) of the Small Business Act, as further described
in FTA Circular C4716.1A.
Owned and controlled means a business which is: (1) A sole proprietorship legitimately
owned by a socially and economically disadvantaged individual; (2) A partnership or
joint venture controlled by socially and economically disadvantaged individuals, and in
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which at least fifty-one percent (51%) of the beneficial ownership interests legitimately
are held by socially and economically disadvantaged individuals; or (3) A corporation or
other entity controlled by socially and economically disadvantaged individuals, in which
at least fifty-one percent (51%) of the voting interests legitimately are held by socially
and economically disadvantaged individuals.
In connection with the performance of this Agreement, the Contractor shall cooperate
with the VCTC in meeting commitments and goals with regard to the maximum
utilization of DBE and will use its best efforts to ensure that DBE shall have the
maximum practicable opportunity to compete for subcontract work under this
Agreement. Contractor shall submit with proposal certification of the actual percentage
of DBE utilization for this project.
4. Interest Of Members Of Congress
No member of or delegate of the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefit arising there from.
5. Equal Employment Opportunity
In connection with the execution of this Agreement, the Contractor shall not discriminate
against any employee or applicant for employment because of age, religion, color, sex,
sexual orientation, national origin, marital status, or any disability not limiting the ability
of the person to perform the job contemplated. The Contractor shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
their employment, without regard to their age, race, religion, color, sex, sexual
orientation, national origin, marital status, or any disability not limiting the ability of the
person to perform the job contemplated. Such actions shall include, but not be limited
to the following: Employment, up-grading, demotion, or transfer; recruitment, or
recruitment advertising; layoff, or termination; rates of pay, or other forms of
compensation; and selection for training, including apprenticeship. Such shall be in
compliance with Executive Order 11246 amended by Executive Order 11375 and as
supplemented in United States Department of Labor (USDOL) regulations (41 CFR,
Part 60).
In connection with the execution of this Agreement, the Contractor must comply with all
aspects of the Federal Immigration and Naturalization Act of 1986.
6. Conservation
The Contractor shall recognize mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in
compliance with the federal Energy Policy and Conservation Act (42 United States
Code (USC), Section 6321 et seq.).
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7. Debarred Proposers
The Contractor, including any of its officers or holders of a controlling interest, is
obligated to inform the City by certificate whether or not it is or has been on any list
maintained by the United States Government as a Contractor who has been debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in any Federal contracts. Should the Contractor be included on such a list
during the performance of this project, it shall so inform the City. Certificate pursuant to
this provision is included with Agreement as Exhibit C-1.
8. Copeland Anti-Kickback Act
The Contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this Agreement.
9. Title VI of the Civil Rights Act of 1964
During the performance of this Agreement, the Contractor, for itself, its assignees and
successors in interest agrees as follows:
A. Compliance with Regulations: The Contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the USDOT Title 49,
Part 21, as they may be amended from time to time, (Regulations), which are
herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination: The Contractor, with regard to the work performed by it during
the Agreement, shall not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Contractor shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program
set forth in the Regulations. The proposal should include a statement by the
Contractor certifying its compliance with the Regulations.
C. Solicitations for Subcontractors, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by
the Contractor for work to be performed under a subcontract, including procurement
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the Contractor of the Contractor's obligations under this Agreement
and the Regulations relative to non-discrimination on the grounds of race, color, or
national origin.
D. Information and Reports: The Contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its
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facilities as may be determined by the City or the FTA to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information
required of a Contractor is in the exclusive possession of another who fails or
refuses to furnish this information, the Contractor shall so certify to the City or the
FTA as appropriate, and shall set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance: In the event of the Contractor's noncompliance
with nondiscrimination provisions of this Agreement, the City shall impose contract
sanctions as it or the FTA may determine to be appropriate, including, but not
limited to:
1. withholding of payments to the Contractor under the Agreement until the
Contractor complies; and/or
2. cancellation, termination, or suspension of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Contractor shall include the provisions of
paragraphs "A" through "F" in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The Contractor shall take such action with respect to any
subcontract or procurement as the City or the FTA may direct as a means of
enforcing such provisions including sanctions for noncompliance: provided,
however, that, in the event a Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the
Contractor may request the City, and in addition, the Contractor may request the
United States to enter into such litigation to protect the interests of the United
States.
10. Labor Provisions
During the performance of this Agreement, the Contractor, for itself, its assignees
and successors in interest agrees as follows:
A. Overtime Requirements: No Contractor or subcontractor contracting for any part
of the Agreement work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any work week
in which he or she is employed on such work to work in excess of forty hours in
such work week unless such laborer or mechanic receives compensation at a rate
not less than that required under the federal Fair Labor Standard regulations.
B. Violation; Liability for Unpaid Wages; Liquidated Damages: In the event of any
violation of the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5, the
Contractor and any subcontractor responsible therefore shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be liable to the
United States for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and
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guards, employed in violation of the clause set forth in subparagraph (b)(1) of 29
CFR Section 5.5. Contractor shall operate under the applicable provisions of the
Federal Fair Labor Standards regulations.
C. Withholding for Unpaid Wages and Liquidated Damages: The USDOT or the
City shall upon its own action or upon written request of an authorized
representative of the USDOL, withhold or cause to be withheld, from any monies
payable on account of work performed by the Contractor or subcontractor under
any such contract or any other Federal contract with the same prime Contractor, or
any other Federally-assisted contract which is held by the same prime Contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for unpaid wages/liquidated damages as provided in
the clause set forth in subparagraph (b)(2) of 29 CFR Section 5.5.
D. Nonconstruction Grants: The Contractor or subcontractor shall maintain payrolls
and basic payroll records during the course of the work and shall preserve them for
a period of three (3) years from the completion of the Agreement for all laborers and
mechanics, including guards and watchmen, working on the Agreement. Such
records shall contain the name and address of each such employee, social security
number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further, the
City shall require the contracting officer to insert in any such subcontract a clause
providing that the records to be maintained under this paragraph shall be made
available by the Contractor or subcontractor for inspection, copying, or transcription
by authorized representatives of the USDOT and the USDOL, and the Contractor or
subcontractor will permit such representatives to interview employees during
working hours on the job.
E. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in subparagraph (A) through (E) of this paragraph and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontract. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in
subparagraphs (A) through (E) of this paragraph.
11. No Obligation by the Federal Government
The City and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award
of the underlying Agreement, absent the express written consent by the Federal
Government, the Federal Government is not a party to this Agreement and shall not
be subject to any obligations or liabilities to the City, Contractor, or any other party
(whether or not a party to that Agreement) pertaining to any matter resulting from
the underlying agreement.
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The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that
the clause shall not be modified, except to identify the subcontractor who will be
subject to its provisions.
12. Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 USC 3801 et seg. and USDOT regulations,
"Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to
this Agreement. Upon execution of the underlying agreement, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it
makes, it may make, or causes to be made, pertaining to the underlying agreement
or the FTA assisted project for which this agreement work is being performed. In
addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on
the Contractor to the extent the Federal Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or
in part with Federal assistance originally awarded by FTA under the authority of 49
USC 5307, the Government reserves the right to impose the penalties of 18 USC
1001 and 49 USC 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is further
agreed that the clauses shall not be modified, except to identify the subcontractor
who will be subject to the provisions.
13. Lobbying
Contractor shall file the certification required by 49 CFR 20, "New Restrictions on
Lobbying," provided in Exhibit C-2. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or
any other award covered by 31 USC 1352. Each tier shall also disclose the name of
any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract,
grant or award covered by 31 USC 1352. Such disclosures are forwarded from tier
to tier up to the recipient.
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14. Incorporation of FTA Terms
The provisions in this Section (FTA Requirements) include, in part, certain Standard
Terms and Conditions required by the USDOT, whether or not expressly set forth in
the preceding provisions. All contractual provisions required by USDOT, as set forth
in FTA Circular 4220.1 D, dated April 15, 1996 as it may be amended from time to
time, are hereby incorporated in this Agreement reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this Agreement. The Contractor
shall not perform any act, fail to perform any act or refuse to comply with any
requests of the City which would cause the City to be in violation of the FTA terms
and conditions.
15. Contracts Involving Federal Privacy Act Requirements
The following requirements apply to the Contractor and its employees that
administer any system of records on behalf of the Federal Government under any
contract:
(1) The Contractor agrees to comply with, and assures the compliance of its
employees with, the information restrictions and other applicable requirements
of the Privacy Act of 1974, 5 USC 552(a). Among other things, the Contractor
agrees to obtain the express consent of the Federal Government before the
Contractor or its employees operate a system of records on behalf of the
Federal Government. The Contractor understands that the requirements of the
Privacy Act, including the civil and criminal penalties for violation of that Act,
apply to those individuals involved, and that failure to comply with the terms of
the Privacy Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract
to administer any system of records on behalf of the Federal Government
financed in whole or in part with Federal assistance provided by FTA.
(3) The Contractor agrees to comply with applicable transit employee protective
requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that
FTA determines that transit operations are involved, the Contractor agrees
to carry out the transit operations work on the underlying contract in
compliance with terms and conditions determined by the U.S. Secretary of
Labor to be fair and equitable to protect the interests of employees
employed under this contract and to meet the employee protective
requirements of 49 USC A 5333(b), and USDOL guidelines at 29 CFR
Part 215, and any Agreements thereto. These terms and conditions are
identified in the letter of certification from the USDOL to FTA applicable to
49
269
the FTA Recipient's project from which Federal assistance is provided to
support work on the underlying contract. The Contractor agrees to carry
out that work in compliance with the conditions stated in that USDOL
letter. The requirements of this subsection, however, do not apply to any
contract financed with Federal assistance provided by FTA either for
projects for elderly individuals and individuals with disabilities authorized
by 49 USC 5310(a)(2), or for projects for non-urbanized areas authorized
by 49 USC 5311. Alternate provisions for those projects are set forth in
subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Protects Authorized by 49
USC 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If
the contract involves transit operations financed in whole or in part with
Federal assistance authorized by 49 USC 5310(a)(2), and if the U.S.
Secretary of Transportation has determined or determines in the future
that the employee protective requirements of 49 USC 5333(b) are
necessary or appropriate for the state and the public body subrecipient for
which work is performed on the underlying contract, the Contractor agrees
to carry out the Project in compliance with the terms and conditions
determined by the U.S. Secretary of Labor to meet the requirements of 49
USC 5333(b), USDOL guidelines at 29 CFR Part 215, and any
amendments thereto. These terms and conditions are identified in the
USDOL's letter of certification to FTA, the date of which is set forth Grant
Agreement or Cooperative Agreement with the state. The Contractor
agrees to perform transit operations in connection with the underlying
contract in compliance with the conditions stated in that USDOL letter.
(c.) Transit Employee Protective Requirements for Projects Authorized by 49
USC 5311 in Non-urbanized Areas - If the contract involves transit
operations financed in whole or in part with Federal assistance authorized
by 49 USC 5311, the Contractor agrees to comply with the terms and
conditions of the Special Warranty for the Non-urbanized Area Program
agreed to by the U.S. Secretaries of Transportation and Labor, dated May
31, 1979, and the procedures implemented by USDOL or any revision
thereto.
(4) The Contractor also agrees to include any applicable requirements in each
subcontract involving transit operations financed in whole or in part with
Federal assistance provided by FTA.
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270
EXHIBIT 1
SUSPENSION AND DEBARMENT CERTIFICATION
CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The Primary Participant (applicant for an FTA grant or cooperative agreement, or
Potential Contractor for a major third party contract), certifies to the best of its
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction,- violation of Federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
(If the primary participant (applicant for an FTA grant, or cooperative agreement, or
potential third party contractor) is unable to certify to any of the statements in this
certification, the participant shall attach an explanation to this certification.)
THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR
COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR
THIRD PARTY CONTRACT), CERTIFIES
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND
UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ.
ARE APPLICABLE THERETO.
Signature of Contractor's Authorized Official Date
Typed Name and Title of Contractor's Authorized Official
51
271
EXHIBIT 2
LOBBYING CERTIFICATION
As required by U.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR
20.110, 1 certify to the best of my knowledge and belief that for each application for
federal assistance exceeding $100,000: (1) No Federal appropriated funds have been
or will be paid, by or on behalf of , to any person for
influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress pertaining to the award of any Federal assistance, or the extension,
continuation, renewal, amendment, or modification of any Federal assistance
agreement; and (2) If any funds other than Federal appropriated funds have been or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any application to FTA for
Federal assistance, I assure that Standard Form-LLL, "Disclosure Form to Report
Lobbying," would be submitted and would include all information required by the form's
instructions.
I understand that this certification is a material representation of fact upon which
reliance is placed and that submission of this certification is a prerequisite for providing
Federal assistance for a transaction covered by 31 U.S.C. 1352. 1 also understands
that any person who fails to file a required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each failure.
Signature & Title of Authorized Official
Date
52
272
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352
(See reverse for public burden disclosure.)
1. Type of e era Action: 2. Status of e era Action: 3. Report Type:
❑1 a.contract
b.grant ❑2 a. bid/offer/application ❑3 a. initial filing
c.cooperative agreement b. initial award b. material change
d.loan c. post-award For Material Change Only:
e. loan guarantee Year Quarter
f.loan insurance Date of Last Report
4. Name and Address of epo ing Entity: 5. It reporting entity in No.4 is Subawardee,enter Name an
Address of Prime:
❑l Prime ❑5 Subawardee Tier❑if known
Congressional District,if known: Congressional District,if known:
6. Federal epa men gency: . e era rogram Name/Description:
CFDA Number, if applicable:
8. Federal c ion Number,it nown: war moun ,it nown:
a. Name and Address of o ying n i y n iv ua s Performing Services
(if individual,last name,first name,MI): (including address if different from No.10a)
(last name,first name,MI):
(attach Continuation Sheet(s)SF-LLL-A, if necessary)
Amount of aymen (check all
��IIb h�a apply): Type o Payment(check a a apply):
$ LJ actual ❑7 planned ❑10 a. retainer
12. Form of Payment(check all that apply): ❑11 b. one-time fee
❑8 a. cash ❑12 c. commission
❑9 b. in-kind;specify: nature ❑13 d. contingent fee
value 014 e. deferred
❑15 d. other;specify:
Brief Description of ervices Performed or to be Performed and Dat6(s)of ervice, including off icer s ,employee(s),or Member(s
contacted,for Payment indicated in Item 11 (attach Continuation Sheet(s)SF-LLL-A, if necessary):
Continuation Sheet(s) attached: es E117 No
Information reques a roug is torm is authorized y Title
U.S.C. section 1352. This disclosure of lobbying activities is a material Signature:
representation of fact upon which reliance was placed by the tier above
when transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported to the Print Name:
Congress semi-annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each Title:
such failure.
Telephone No.: Date:
u orized tor Local Reproduction
Standard orm-LLL
52
273
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or
prime Federal recipient, at the initiation or receipt of a covered Federal action, or a
material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing
of a form is required for each payment or agreement to make payment to any lobbying
entity for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with a covered Federal action. Use the SF-LLL-A
Continuation Sheet for additional information if the space on the form is inadequate.
Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for
additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or
has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report
caused by a material change to the information previously reported, enter the
year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity.
Include Congressional District, if known. Check the appropriate classification of
the reporting entity that designates if it is, or expects to be, a prime or subaward
recipient. Identify the tier of the subawardee, e.g., the first subawardee of the
prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter
the full name, address, city, state and zip code of the prime Federal recipient.
Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment.
Include at least one organizational level below the agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action
(item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal
action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation
for Bid (IFB) number; grant announcement number; the contract, grant, or loan
award number; the application/proposal control number assigned by the Federal
agency). Include prefixes, e.g., "RFP-DE-90-001".
53 274
9. For a covered Federal action where there has been an award or loan
commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in Item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity
engaged by the reporting entity identified in item 4 to influence the covered
Federal action.
(b) Enter the full names of the individual(s) performing services, and include full
address if different from 10 (a). Enter Last Name, First Name, and Middle
Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by
the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether
the payment has been made (actual) or will be made (planned). Check all
boxes that apply. If this is a material change report, enter the cumulative
amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made
through an in-kind contribution, specify the nature and value of the in-kind
payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify
nature.
14. Provide a specific and detailed description of the services that the lobbyist has
performed, or will be expected to perform, and the date(s) of any services
rendered. Include all preparatory and related activity, not just time spent in
actual contact with Federal officials. Identify the Federal official(s) or
employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress
that were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title and
telephone number.
Public reporting burden for this collection of information is estimated to average 30
minutes per response, including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to
the Office of Management and Budget, Paperwork Reduction Project (0348-0046),
Washington D.C. 20503.
54 275
Disclosure of Lobbying Activities
Continuation Sheet
Reporting Entity: Page of
55 276
ATTACHMENT 4
LABOR CODE SECTION 1070 — 1074
1070. The Legislature finds and declares all of the following:
a) That when public transit agencies award contracts to operate bus and rail
services to a new contractor, qualified employees of the prior contractor who are not
reemployed by the successor contractor face significant economic dislocation as a
result.
b) That those displaced employees rely unnecessarily upon the unemployment
insurance system, public social services, and health programs, increasing costs to
these vital government programs and placing a significant burden upon both the
government and the taxpayers.
c) That it serves an important social purpose to establish incentives for
contractors who bid public transit services contracts to retain qualified employees of the
prior contractor to perform the same or similar work.
1071. The following definitions apply through this chapter:
a) "Warding authority" means any local government agency, including any city,
county, special district, transit district, joint powers authority, or nonprofit corporation
that awards or otherwise enters into contracts for public transit services performed
within the State of California.
b) "Bidder" means any person who submits a bid to an awarding agency for a
public transit service contract or subcontract.
c) "Contractor' means any person who enters into a public transit service contract
with an awarding authority.
d) "Employee" means any person who works for a contractor or subcontractor
under a contract. "Employee" does not include an executive, administrative, or
professional employee exempt from the payment of overtime compensation within the
meaning of subdivision (a) of Section 515 or any person who is not an "employee' as
defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)).
e) "Person" means any individual, proprietorship, partnership, joint venture,
corporation, limited liability company, trust, association, or other entity that may employ
individuals or enter into contracts.
f) "Public transit services" means the provision of passenger transportation
services to the general public, including paratransit service.
g) "Service contract" means any contract the principal purpose of which is to
provide public transit services through the use of service employees.
h) "Subcontractor" means any person who is not an employee who enters into a
contract with a contractor to assist the contractor in performing a service contract.
1072. a) A bidder shall declare as part of the bid for a service contract whether or not he
or she will retain the employees of the prior contractor or subcontractor for a period of
not less than 90 days.
56 277
b) An awarding authority letting a service contract out to bid shall give a 10
percent preference to any bidder who agrees to retain the employees of the prior
contractor or subcontractor pursuant to subdivision (a).
c)(1) If the awarding authority announces that it intents to let a service contract
out to bid, the existing service contractor, within a reasonable time, shall provide to the
awarding authority the number of employees who are performing services under the
service contract and the wage rates, benefits, and job classifications of those
employees. In addition, the existing service contractor shall make this information
available to any entity that the awarding authority has identified as a bona fide bidder. If
the successor service contract is awarded to a new contractor, the existing contractor
shall provide the names, address, dates of hire, wages, benefit levels, and job
classifications of the employees to the successor contractor. The duties imposed by this
subdivision shall be contained in all service contracts.
2) A successor contractor or subcontractor who agrees to retain employees
pursuant to subdivision (a) shall retain employees who have been employed by the prior
contractor or subcontractors, except for reasonable and substantiated cause. That
cause is limited to the particular employee's performance or conduct while working
under the prior contract or the employees' failure of any controlled substances and
alcohol test, physical examination, criminal background check required by law as a
condition of employment, or other standard hiring qualification lawfully required by the
successor contractor or subcontractor.
3) The successor contractor or subcontractor shall make a written offer of
employment to each employee to be rehired. That offer shall state the time within which
the employee must accept that offer, but in no case less than 10- days. Nothing in this
section requires the successor contractor or subcontractor to pay the same wages or
offer the same benefits provided by the prior contractor or subcontractor.
4) If, at any time, the successor contractor or subcontractor determines that
fewer employees are required than were required under the prior contract or
subcontract, he or shell shall retain qualified employees by seniority within the job
classification. In determining those employees who are qualified, the successor
contractor or subcontractor may require an employee to possess any license that is
required by law to operate the equipment that the employee will operate as an
employee of the successor contractor or subcontractor.
1073. a) An employee who was not offered employment or who has been discharged in
violation of this chapter, or his or her agent, may bring an action against the successor
contractor or subcontractor in any superior court having jurisdiction over the successor
contractor or subcontractor. Upon finding a violation of this chapter, the court shall order
reinstatement to employment with the successor contractor or subcontractor and award
backpay, including the value of benefits, for each day of violation. A violation of this
chapter continues for each day that the successor contractor or subcontractor fails to
employ the employee, within the period agreed to pursuant to Section 1072.
b) The court may preliminarily or permanently enjoin the continued violation of
this chapter.
57 278
c) If the employee prevails in an action brought under this chapter, the court shall
award the employee reasonable attorney's fees and costs as part of the costs
recoverable.
1074. a) Upon its own motion or upon the request of any member of the public, an
awarding authority may terminate any service contract made pursuant to Section 1072 if
both of the following occur:
1) The contractor or subcontractor has substantially breached the contract.
2) The awarding authority holds a public hearing within 30 days of the receipt of
the request or its announcement of its intention to terminate.
b) A contractor or subcontractor terminated pursuant to subdivision a) shall be
ineligible to bid on or be awarded a service contract or subcontract with that awarding
authority for a period of not less than one year and not more than three years, to be
determined by the awarding authority.
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ATTACHMENT 5
TRANSIT EMPLOYEE PROTECTIVE PROVISIONS
A. The Contractor agrees to comply with applicable transit employee requirements as
follows:
1. General Transit Employee Protective Requirements. To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry
out the transit operations work on the underlying contract in compliance with
terms and conditions determined by the U.S. Secretary of Labor to be fair and
equitable to protect the interests of employees employed under this Agreement
and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and
U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These
terms and conditions are identified in the letter of certification from the U.S. DOL
to FTA applicable to the FTA Recipient's project from which Federal assistance is
provided to support work on the underlying contract. The Contractor agrees to
carry out that work in compliance with the conditions stated in that U.S. DOL
letter. The requirements of this subsection (1), however, do not apply to any
contract financed with Federal assistance provided by FTA either for projects for
elderly individuals and individuals with disabilities authorized by 49 U.S.C.
§5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. §
5311. Alternate provisions for those projects are set forth in subsections (b) and
(c) of this clause.
2. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.
§ 5310(a)(2) for Elderly Individuals and Individuals with Disabilities. If the
contract involves transit operations financed in whole or in part with Federal
assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of
Transportation has determined or determines in the future that the employee
protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for
the state and the public body subrecipient for which work is performed on the
underlying contract, the Contractor agrees to carry out the Project in compliance
with the terms and conditions determined by the U.S. Secretary of Labor to meet
the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part
215, and any amendments thereto. These terms and conditions are identified in
the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant
Agreement or Cooperative Agreement with the state. The Contractor agrees to
perform transit operations in connection with the underlying contract in
compliance with the conditions stated in that U.S. DOL letter.
3. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.
§ 5311 in Nonurbanized Areas. If the contract involves transit operations
financed in whole or in part with Federal assistance authorized by 49 U.S.C.
§5311, the Contractor agrees to comply with the terms and conditions of the
Special Warranty for the Nonurbanized Area Program agreed to by the U.S.
59 280
Secretaries of Transportation and Labor, dated May 31, 1979, and the
procedures implemented by U.S. DOL or any revision thereto.
B. The Contractor also agrees to include any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
60 281