HomeMy WebLinkAboutAGENDA REPORT 1995 0419 CC REG ITEM 11NTO:
FROM:
DATE:
SUBJECT:
ITEM A, • '
IAOORPARK, CALTV "
Council 'A.'o
M E M O R A N D U M
The Honorable City Council
Mary R. Lindley, Assistant to the City Manager -
April 12, 1995 (CC Meeting for April 19)
Consider Approval of the Request for Proposal and
Contract for Bus Service
On March 15 the City Council directed staff to draft a RFP for bus
service. The RFP incorporates the City's effort to purchase and
own a bus and contract out operations,, maintenance, and provisions
for a backup bus.
Under a new contract, staff proposes to give the City's bus system
an official name "Moorpark City Transit ". The hours of operation
would remain 7:15 a.m. to 4:45 p.m. Monday through Friday. There
will be no bus service on City observed holidays.
In adherence with the ADA, the bus would continue to operate as a
fixed route /route deviated system meaning that the bus would
"deviate" from the fixed route to pick up or deliver a paratransit
rider and return to the same point to continue the fixed route.
The existing schedule will continue with changes made as necessary.
Attached is the RFP presented for Council's approval. In summary,
the proposed transit service includes:
City Obligation
• Provide a 20 passenger bus with two wheelchair stations.
• Handle paratransit certification and reservations.
• Provide a two -way radio for the bus to facilitate
communication between Cite Hall and the bus driver.
• Establish routes, stop locations and times.
• Provide a farebox to be mounted in the bus.
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Bus Service RFP
April 12, 1995
Page 2
Contractor obligation
• Provide a trained driver(s) to operate the City -owned
bus.
• Provide a back up bus to be used in the event the City -
owned bus is down for maintenance or repairs.
• Provide preventive maintenance and repair to the City -
owned bus and back up bus.
• Provide daily cleaning to the City -owned bus.
• Maintain maintenance and repair records.
• Provide ridership reports.
Staff proposes that the term of the contract be for three years.
In addition, staff proposes to include a bid option to provide
paratransit reservation and scheduling services. This will allow
the City to evaluate whether it would be cost effective to have the
contractor manage paratransit reservations and scheduling, which
would reduce City staff time spent on the paratransit program.
Currently, City staff receives paratransit reservation requests by
telephone. The rider is given a pick up time consistent with the
fixed route bus schedule. Staff then provides this information to
the bus driver in writing. The bid option would call for the
contractor to receive paratransit reservations, schedule the
request, and relay the information -o the driver.
In the future, the City may wish to use federal funds (Section 9 or
CMAQ) to support City bus operations. The use of federal funds
requires additional obligations; e.g., Disadvantaged Business
Enterprise Certification, formal protest procedures, and audit and
record retention requirements. it is possible that these
additional obligations may increase the contractor's cost of
providing bus service. To determine if using federal funds would
be a cost effective option for the City, staff proposes that
potential contractors submit proposed costs for providing bus
operation and maintenance service under a contract that: 1) does
not include the federal obligations, and 2' under a contract which
includes the federal contract obligations.
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Bus Service RFP
April 12, 1995
Page 3
If approved by the City Council, staff will solicit proposals from
qualified vendors. In addition, a pre - proposal meeting would be
conducted. Staff hopes to have the proposals due by May 31 and be
able to present a final recommendation to the City Council on June
21.
The Transportation and Street Committee met on March 27 to review
the Scope of Work for the bus operation and maintenance contract.
The Committee provided comments which have been incorporated into
the attached Scope of Work.
Recommendation
The Transportation and Streets Committee and staff recommends that
the City Council approve the RFP and contract for bus service
pending final language changes by the City Manager and City
Attorney, and direct staff to solicit proposals and return to
Council with a recommendation.
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NOTICE
REQUEST FOR PROPOSALS (RFP)
Notice is given that the City of Moorpark, herein referred to as
"City ", will receive proposals for the provision of:
FIX ROUTE /ROUTE DEVIATED BUS SERVICE WITHIN THE CITY OF MOORPARK.
The adopted plan for services _just noted is on file at Moorpark
City Hall, 799 Moorpark Avenue, Moorpark, CA 93021.
All orOROsals shall be submitted to the City by 3:00 p.m., May 31,
1995. Each proposal must be in a sealed envelope and be marked
"BUS SERVICE ". The name of the service is "Moorpark City Transit ".
A pre - proposal conference will be held on Tuesday, May 2 at 11 a.m.
at Moorpark City Hall. Interested parties are encouraged to
attend.
Prospective proposers will be required to comply with all
applicable Equal Opportunity laws and regulations. The City, in
accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
2521 42 U.S.C. 2000d to 2000d -4 and Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of
the Secretary, Part 21, Nondiscrimination in Federally- assisted
programs, notifies all proposers that it will affirmatively insure
that, in any contract entered into pursuant to the advertisement,
minority business enterprises will be afforded full opportunity to
submit proposals in response to this invitation and will not be
discriminated against on the grounds of race, color, sex, or
national origin in consideration Eor an award.
Any questions about this Request for Proposal should be directed to
Mary Lindley, Assistant to the City Manager, at (805) 529 -6864,
ext. 217.
0017-4
I. SUBMISSION OF PROPOSALS AND PROPOSAL PROCESS
A. Pre - Proposal Conference
A pre - proposal conference has been scheduled for Tuesday, May 2,
1995. to explain the project, proposal requirements and process,
and to discuss particular questions which may occur as a result of
this RFP. The conference will be held at 11 a.m. in the conference
room at Moorpark City Hall, 799 Moorpark Avenue, Moorpark,
California.
D. Addenda to Request for Proposal
If questions or items discussed at the pre - proposal conference
modification of this RFP necessary, such modification shall be
issued by the City as an addendum, and shall be given to all
parties known to have received copies of this RFP. The City may
issue one or more addendum at any time prior to May 31, 1995.
E. Proposal Submission
Respondents shall be responsible for ensuring that their proposals
contain all of the items listed in the RFP and any subsequent
addendum. Proposals shall be transmitted in sealed envelopes
plainly marked on the exterior with the name of the proposer.
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original proposals shall be either hand delivered or sent to the
following address:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attention: Ms. Mary Lindley
Proposals will be received at the above address up to 3:00 p.m.,
local time, on May 31, 1995.
Proposals received after that time shall not be accepted and shall
be returned unopened to the sender.
F. Modification of Proposal
Requests for modification or withdrawal shall be made in writing.
Proper withdrawal of the proposal shall not prejudice the right of
the proposer to submit a new proposal.
001.76`
II. DESCRIPTION OF EXISTING BUS SERVICE
A. Type of Service
The City of Moorpark provides fixed route /route deviated bus
service. The service is provided with one bus.
In compliance with the Americans with Disabilities Act, the City
provides paratransit service (door -to -door) to eligible and
certified riders. To accommodate the paratransit rider, the bus
"deviates" from the fixed route to pick up or deliver a paratransit
rider and returns to the same point to continue the fixed route.
B. DayslHours of Operation and Route
Moorpark City Transit operates Monday through Friday from 7:15 a.m.
to 4:45 p.m. No service is provided on the weekends or on official
holidays observed by the City.
The bus makes a loop through the City once every hour. The bus
completes eight (8) routes each day of operation. One full route
is approximately 16 miles. See the attached route map for specific
route location and stops (Exhibit A)
C. Paratransit Reservations and Scheduling
The City has provided paratransit service since June, 1993. It has
a very small paratransit ridership. To date, 13 residents in
Moorpark are certified for paratransit service, approximately four
of them ride two or more times a week. The City is only required
to deviate 3/4 a mile from its fixed route to pick up a paratransit
rider.
The City is responsible for certifying paratransit riders. Once
certified, riders must make reservations a minimum of 24 hours and
not more than 14 days in advance. Paratransit reservations are,
and will remain, the responsibility of the City. The City will
also be responsible for scheduling reservations with input from the
Contractor's driver when necessary.
The driver is responsible for collecting the paratransit schedule
from the City each day. The driver is notified of any additions or
cancellations to the schedule by two -way radio. The driver
provides boarding assistance at the curb to paratransit riders.
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III. SCOPE OF SERVICE
Section 1. Service Days and Hours
Moorpark City Transit will operate Monday through Friday from 7:15
a.m. to 4:45 p.m. No service will be provided on the weekends or
on official holidays observed by the City: New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving, the Friday
following Thanksgiving, Christmas Eve, Christmas Day, and New
Year's Eve.
The City reserves the right to make adjustments to the service
hours. For major adjustments, the Contractor will be notified not
less then seven (7) calendar days prior to the effective date; for
minor adjustments, the Contractor will be given at least 24 hours
notice.
Section 2. Route
The bus will make a loop through the City once every hour. The
City's fixed route /route deviated bus service is wholly within the
City's limits. See the attached route map for specific route
location and stops (Exhibit A)
One full route is approximately 16 miles. The bus will complete
approximately eight (8) routes each day of operation. The ADA
requires the City to deviate 3/4 a mile from its fixed route to
accommodate a paratransit rider. The Contractor would be required
to run the bus 3/4 of a mile from the fixed route to pick up or
deliver a certified paratransit rider.,
The City reserves the right to make adjustments to the service
areas. For major adjustments, the Contractor will be notified not
less then seven (7) calendar days prior to the effective date; for
minor adjustments, the Contractor will be giving at least 24 hours
notice.
Section 3. City -Owned Vehicle
The City will provide a vehicle to be used for this transit
service. It is purchasing a new 1995 Champion Commander
Paratransit Bus, 20 passenger with two wheelchair stations and one
flip seat. The anticipated date of arrival is July 20, 1995.
Section 4. On -Time Performance
For the fixed route service, trips will be considered "on- time" as
long as the bus does not depart from a bus stop before the time
designated or more than five (5) minutes after the time shown on
the public bus schedule. An exception will be made for "on- time"
performance on any given route in the event that the bus has had to
deviate from the fixed route to pink up a paratransit rider.
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The Contractor shall not be held responsible for failure to provide
on -time service due to external conditions over which there is no
control, e.g., severe weather or extraordinary traffic conditions
that preclude schedule performance.
The City will monitor the Contractor's on -time performance.
Section 5 Paratransit Reservations and Dispatching
The City is responsible for certifying paratransit riders. Once
certified, riders must make reservations at minimum of 24 hours
(although the City makes every attempt to accommodate service
requests make with less than 24 hours notice) and not more than 14
days in advance. Paratransit reservations will remain the
responsibility of the City. The City will also be responsible for
scheduling reservations with input from the Contractor's driver
when necessary.
Each Friday, the City will provide the driver with the paratransit
schedule for the week to follow. Any changes to the paratransit
schedule (additions or cancellations) will be provided by the City
to the driver when received or at the end of each day. The
Contractor shall agree to accommodate such changes.
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.
Section 6. Operations
The Contractor shall be responsible for operation of the City's
fixed route /route deviated bus system. The Contractor shall ensure
at all times that vehicles used for passenger conveyance shall be
operated with due regard for the safety, comfort, and convenience
of the general public. The Contractor shall be responsible for
complying with all applicable federal., state, and local laws and
requirements.
The Contractor shall be responsible for ensuring compliance with
the Americans with Disabilities Act (ADA), Part IV, 49 CFR Parts
27, 37, and 38: Transportation for individuals with disabilities,
Final Rule, dated September 6, 1991.
Section 7. Vehicles
The City shall supply a City -owned 20 passenger paratransit vehicle
with two wheelchair stations to be used for this service. The
Contractor will not use the City -owned vehicle for any purpose
other than the service described in this RFP, except when approved
by the City in writing.
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Except for normal wear and tear, the City -owned vehicle shall be
returned to the City in the same condition as it was received by
the Contractor at the end of this Contract or when the Contract is
terminated.
Section 8. Back -Up Vehicle
The Contractor shall at all times be required to have a back -up
vehicle available for use in the event that the City -owned vehicle
is unable to operate. The back -up vehicle must be equipped with a
wheelchair lift, be of similar size and design to the City -owned
bus, and meet ADA standards. The back -up vehicle 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 under this
Contract.
In the event that the vehicle being used by the Contractor breaks
down, the Contractor shall provide a. back -up vehicle on site within
one and a half (1 -I,) hours .
Section 9. Vehicle Maintenance
The Contractor shall perform the duties and accept the
responsibilities set forth in connection with the maintenance of
the City -owned vehicle and equipment and the Contractor's back -up
bus, referred to in this section as "vehicles ". The omission of a
duty or responsibility herein shall not relieve the Contractor of
its 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 dial -a -ride public transportation
system of a kind and character such as Moorpark City Transit.
9.1 Maintenance Facility: The Contractor shall provide and
maintain an appropriate fixed maintenance facility within a 35
mile radius from the City. The facility shall be equipped
with all tools and equipment necessary for maintenance of
vehicles in accordance with this Contract. When out -of-
service, the city -owned vehicle shall be stored at all times
either within an enclosed, paved garage, or within a paved,
security - fenced outside storaqe area.
9.2 Daily Maintenance: The Contractor shall perform daily vehicle
servicing on all vehicles under this Contract. For purposes
of this Contract, 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
0018-0
City and California Highway Patrol review at any time during
regular business hours. The checklist requirement may
incorporate or supplement CHP required driver's pre -trip
safety inspections.
9.3 Vehicle Cleaning: The Contractor shall maintain vehicles 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 practicable extent throughout the
operating day. Vehicles shall be swept and dusted daily.
Interior panels, windows, and upholstery shall be cleaned of
marks as 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 as 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 bus
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 least once per month, or as necessary to
maintain an attractive appearance. The bus 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 discover,
utilizing safe and non - hazardous materials.
9.4 Preventive Maintenance: The Contractor shall develop and
implement a preventive maintenance program. At a minimum, the
Contract's preventive maintenance program shall adhere to the
preventive maintenance schedules and standards of the
industry, and shall meet the manufacture's specifications and
be sufficient so as not to invalidate or lessen warranty
coverage of the City -owned vehicle or associated equipment.
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.
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The Contractor shall not defer maintenance for any reasons
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 manufacture's specifications.
The City, at its own expense, may inspect the City -owned
vehicle to ensure that regular preventive maintenance and
other is being performed.
9.5 Vehicle Repairs: All repairs to the City -owned vehicle and
back -up vehicle shall be performed by the Contractor or by
other vendors and suppliers and shall be included in the final
contract 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 of
components. All required parts shall be new and meet
manufacture'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 vehicle and equipment
warranties and shall comply with all warranty provisions in
the conduct of its maintenance.
9.6 Vehicle Towing: In the event that towing of the City -owned
vehicle is required due to mechanical failure or damage, the
Contractor shall be responsible to provide such towing at the
Contractor's sole expense.
9.7 Maintenance Records and Reports: The Contractor shall prepare,
maintain, and make available to the City records and data
relative to vehicle and vehicle equipment 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 so
as to fulfill any applicable state or federal requirements, as
well as any needs of the City to enable it to accurately
evaluate the Contractor's maintenance performance and the
operating expense associated with the City -owned vehicle.
Records of all maintenance and inspections shall be made
available to the City, the CHP and /or such other regulatory
agencies with jurisdiction when requested. The City maintains
the right to inspect, examine and test, at any reasonable
00182
time, any vehicles used in performance of this Contract and
any equipment used in the performance of maintenance work in
order to ensure compliance with this Contract. Such
inspection shall not relieve the Contractor of the obligation
to continually monitor 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 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.
E. Monthly summary of vehicle miles, vehicle miles since
last preventive maintenance inspection, a list of any
vehicle of equipment repairs made, number and length of
time a back -up vehicle was used, and vehicle roadcalls.
Section 10. Drivers
The Contractor shall ensure that regularly assigned drivers or
back -up personnel are available and on time each day to ensure
consistent and reliable service.
Drivers are required to possess a valid California Class B drivers
license for the operation of the type of vehicles to be used. 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 on the City -owed
vehicle and the Contractor's back -up vehicle.
At a minimum, drivers shall be required to: wear an approved
uniform of clean and neat appearance, be helpful and courteous,
assist passengers with transfers, ensure that fares are collected
and deposited in the farebox, assist elderly and handicapped
riders, refuse rides to unruly passengers, stay on schedule, obey
all traffic laws, and enforce all City transit passenger rules.
Drivers shall not smoke on the vehicles or allow passengers to do
the same.
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
00 183'
employment). Contractor shall submit a copy of its current
personnel policy guidelines with this contract and any amendments
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, worker's
compensation, unemployment insurance and other forms of social
security. Contractor shall also be responsible for withholding of
income tax at its source from employee's wages and, furthermore,
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 will provide thorough training for all personnel for the
proper performance of their duties. Contractor must have a
training program encompassing the National safety Council Defensive
Driving Course. This program should also direct itself to dealing
specifically with transporting the elderly and mobility impaired.
All new employees shall receive proper training and instruction at
the time of hiring and prior to being assigned to the service.
This training program must be described fully and submitted to City
for review within ten (10) days of Contract approval by the City.
The Contractor shall require pre - employment medical examinations,
including drug and alcohol testing, for all prospective drivers and
other safety sensitive employees of the Contractor. Any person who
has not successfully passed such an examination shall not be
permitted to operate a vehicle in any service performed under
contract to the City. Additionally, the Contractor must have an
anti -drug program established for employees under the
congressionally mandated Drug -Free Workplace Act. The required
anti -drug program would include, in addition to the pre - employment
testing, testing after an accident, when there is reasonable cause,
periodically (every two (2) years upon receipt or renewal of the
DMV Medical Examiner's Certificate, and before returning to duty to
perform sensitive safety functions after i positive drug test.
The Contractor shall comply with the Congressionally Mandated Drug -
Free Workplace Act of 1988, by providing certification that (a) the
drug free workplace actions will be implemented, and (b) the those
actions are being /have been implemented,
Section 11. Bus Operation Records and Reports
The Contractor will be required to maintain ridership and
operations records, in addition to records and reports identified
Section 10.7, 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 within 10 business days of the end of
each calendar month, shall include, but not limited to, the
following:
Wad
A. Listing of all vehicle breakdowns /roadcalls occurring in
service with a description of the cause and corrective
actions taken;
B. Date, time, and length of time for any service
description.
C. For the city -owned bus: a monthly summary of vehicle
miles, vehicle miles since last preventive maintenance
inspection, a list of any vehicle of equipment repairs
made, number and length of time a back -up vehicle was
used, and vehicle roadcalls
D. Total fixed route passenger count by category and fare
(senior citizen, handicapped etc_) and day.
E. Paratransit passenger count by category (one -way ticket,
monthly passes) day.
F. Paratransit passenger no- shows.
G. From time to time, at the City's request, the Contractor
shall record passenger activity per stop.
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,
passenger count by fare, vehicle hours, vehicle miles, vehicle
revenue hours, vehicle revenue miles, passengers per hour,
wheelchair boardings, and dial -a -ride passenger no- shows.
Section 12. Fares
The Contractor shall collect fares in accordance with fare policies
as set by the City and shall turn over the daily proceeds to the
City at the end of each service day. The Contractor shall remove
the farebox from the bus at the last designed City Hall stop and
deliver the fare -box to City staff,
The Contractor agrees to accommodate the City's future option to
participate in a county -wide fare collection system which involves
a computerized card - reading equipment which will be installed and
maintained by the city.
Section 13. Meetings
The Contractor shall make administrative staff available to attend
two meetings per year of the City's Transit /Paratransit Committee.
The City will notify the Contractor in advance of a meeting.
00 1845
Section 14. Radio Communication
The Contractor shall provide to the driver the necessary
communication equipment to allow for communication between the
driver and the contractor's maintenance facility to handle
roadcalls.
In addition, the Contractor shall use the radio communication
system provided by the City solely for the purpose of providing
radio communications between the bus driver and City staff. The
bus driver shall notify the City, at the first available
opportunity, of any vehicle breakdowns or other problems that may
cause schedule delays.
Section 15. Miscellaneous
The Contractor shall comply with all requirements of the attached
Contract including but not limited to insurance, compensation, and
general provisions, said contract is hereby incorporated as part of
this RFP.
BID OPTION
MOORPARK CITY TRANSIT
PARATRANSIT RESERVATIONS AND SCHEDULING
SCOPE OF SERVICE
The City requests information on the cost of providing reservation
and scheduling services to be included with the bus operation and
maintenance services at the City's option,.
Existing Service
The City has provided paratransit service since June, 1993. It has
a very small paratransit ridership. To date, 13 residents in
Moorpark are certified for paratransit service, approximately four
of them ride two or more times a week. The City is only required
to deviate 3/4 a mile from its fixed route to pick up a paratransit
rider.
The City is responsible for certifying paratransit riders. Once
certified, riders must make reservations a minimum of 24 hours and
not more than 14 days in advance. The City is also responsible for
scheduling reservations with input from the Contractor's driver
when necessary.
The driver is responsible for collecting the paratransit schedule
from the City each day. The driver is notified of any additions or
cancellations to the schedule by two -way radio. The driver
provides boarding assistance to paratransit riders.
Service Provided by Contractor
1. Maintain a current file on certified Moorpark paratransit
riders including name, address, telephone number, disability,
and any other information that will assist the bus driver.
2. Receive paratransit reservation requests via the telephone.
Riders must make reservations at least 24 hours in advance and
no more than 14 days in advance. Contractor must be able to
accept reservations on Sunday for Monday service.
3. Based on the City's fixed route schedule, provide riders with
a pick up time.
4. Provide bus driver with a paratransit schedule noting the
riders name; pick up time and location; destination location;
and return trip information, if any.
5. Provide bus driver with information about any last minute
cancellations via two -way radio
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6. Notify paratransit riders of any schedule disruptions in the
event of vehicle breakdowns.
7. 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.
8. Provide reservation information to the City via fax machine.
APPENDIX A
PROPOSAL COST FORM
00'89
PROPOSAL COST FORM
TO: The City of Moorpark
In response to the Request for Proposal for Moorpark City Transit
service, the undersigned agrees to provide services in accordance
with the Scope of Work and Contract, which has been carefully
examined.
Moorpark City Transit Service:
With Bid W/O Bid
Option A Option A
Contract Services Including
Section 12, General Provisions
Contract Services Without
Section 12, General Provisions
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 bid unresponsive.
If awarded the Contract, the undersigned hereby agrees to sign said
Contract and to furnish the necessary certificates.
PROPOSER:
CONTACT:
TITLE:
ADDRESS:
TELEPHONE: FAX:--
DATE:
SIGNATURE:
TITLE:
0
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I
11. �J'
M E M O R A N D U M
TO: The Honorable City Council
FROM: Mary Lindley, Assistant to the City Manager y
DATE: April 17, 1995
SUBJECT: Bus Operation and Maintenance Contract
On April 19, the City Council will be asked to consider and approve
the Request of Proposal (RFP) and Contract for bus operation and
maintenance. The RFP has been included in the City Council's
agenda packet. Due to its size, the Contract is being distributed
separately with this memo.
The City Attorney is currently reviewing the Contract and staff
anticipates that she will provide some suggested language changes.
Please let me know if you have any questions.
CITY OF MOORPARK
CONTRACT FOR SERVICES
THIS AGREEMENT, made this day of
between the City of Moorpark, a municipal corporation,
at 799 Moorpark Avenue, Moorpark, California
hereinafter referred to as "City" and
located
93021,
------------------------------------- - - - - -'
hereinafter referred to as "Contractor ".
WITNESSETH
The Parties hereto do agree as follows:
SECTION 1. TERM OF CONTRACT
This Agreement will become effective on July 1, 1995,
when the Contractor will commence the service, and will
continue in effect until the completion of the project on June
30, 1998, unless sooner terminated as provided hereinafter.
The City shall have the exclusive option to extend this
agreement for an additional year period.
SECTION 2. DEFINITIONS
"City Vehicle" shall mean the vehicle owned by the City and
provided to the Contractor- for the purpose identified in this
contract.
"Backup" or "Replacement. Vehicle" shall mean a vehicle
designated by the contractor for use in the event that the
City's vehicle is out of service for any reason. The Backup
or Replacement Vehicle shall be equipped with a wheelchair
lift; be or similar size, capacity, and design to the City -
owned bus; and meet ADA standards. The vehicle shall be in
safe and good working order. The City shall have the right to
approve the suitability of any ieh.icie used by the Contractor
under this Contract.
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"Fixed Route /Route Deviated System" shall mean a system in
which the bus runs on a fixed route, with fixed stop times and
locations, which will upon City authorization, will depart,
"deviate ", from its fixed route to a specified location and
return to the point of departure to continue the fixed route.
SECTION 3. COMPENSATION
Compensation for services to be performed by the
Contractor shall not exceed $ per day without additional
authorization by the City. Services will be billed at a rate
of $ per hour to a maximum of 9.5 hours per day. 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.
If the Contractor fails to complete the work, fails to
provide an entire service day (limited to 9.5 hours of service
in a 24 -hour period), or causes a default as specified in
Section 10, Liquidated Damages, the City may, at its sole
option, notwithstanding other rights and remedies, assess the
contractor $ (a full day's compensation). Said assessment
shall be deducted from any payments due or to become due to
Contractor under the terms of this contract. No payment by
City shall be construed as a waiver of City's right to deduct
the assessment and the assessment nay be deducted from any
subsequent payment.
Contractor shall submit to the City a written invoice for
services rendered 14 days following the end of the month for
which services were rendered. The city agrees to pay the
amount due to the Contractor within tnirty (30) days following
the receipt of said invoice except for those which are
contested/ questioned and are returned by the City, with a
written explanation within tnirtll,,; 0) days of receipt of
invoice.
The above rates to be paid to the Contractor may be
adjusted as of the first day of July L996, and each July first
thereafter, in accordance with the April -April fluctuations,
if any, in the "Bureau of 3,abor E :t.atistics Transportation
Consumer Price Index for the Los Angeles -Long Beach Area"
(hereafter "CPI"). The adjusted rate to be based on be based
on 100 percent of the CPI, not to exceed five percent (5 %).
In the event of extraordinary inflation (10 %) the contractor
and City shall negotiate new rates.
SECTION 4. CONTRACTOR'S OBLIGATIONS
Upon receiving the City's Notice to Proceed, the
Contractor agrees to do all things necessary to manage,
operate, and maintain the City's fixed route /route deviated
transit service in accordance with the Scope of Work
identified in Exhibit A.
SECTION 5. OBLIGATIONS OF CITY
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 provide the Contractor with one (1) medium
size bus with a fare box for the operation of the Moorpark
City Transit. The bus shall be in good and safe working
order.
City shall provide a two -way radio for the bus to be used
for communication between the bus driver and the City only.
City shall be responsible for establishing all bus
routes, time schedules, transfers and transfer agreements and
fares. City reserves the right to change routes and schedules
and agrees to give Contractor five (-5) day written notice of
any change.
City agrees to exempt. Contractor from City business
license taxes and fees.
SECTION 6. ASSIGNMENT
Neither this Agreement, nor any duties, rights, interests
or obligations under this Agreement may be assigned, sold,
transferred or delegated by Contractor without prior written
consent of the City.
SECTION 7. INDEPENDENT CONTRACTOR
Contractor is and at all times shall remain as to the
City a wholly independent contractor. Neither the City nor
any of its officers, employees or agents shall have control
over the conduct of the Contractor or any of the Contractor's
officers, employees, servants or agents, except as herein set
forth. Contractor shall not at any time or in any manner
represent that it or any of its officers, employees or agents
are in any officers, employees, servants, or agents 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.
SECTION 8. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of State and federal
laws and regulations which in any manner affect those employed
by it or in any way affect the performance of its service
pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations. The
City and its officers, employees, servants and agents shall
not be liable at law or in equity occasioned by failure of the
Contractor to comply with thi sect.i.on.
SECTION 9. OWNERSHIP OF DOCUMENTS
Upon completion of any writing required to be provided by
Contractor in the course of performing any of the above
described services, or upon termination of this Agreement, all
original documents prepared by Contractor shall become the
sole property of the City and may be used, reused or otherwise
disposed of by the City,' without the permission of the
Contractor.
SECTION 10. LIQUIDATED DAMAGE'S
Contractor shall operate strictly according to the most
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current bus 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 route modifications required.
the Contractor shall not be held responsible for the failure
to provide on -time service due to weather or traffic
conditions, or naturally occurring disasters, if sufficient
documentation is provided to the City.
Contractor shall maintain on -time performance. City reserves
the right to monitor on -time performance.
The City may assess liquidated damages for the following
defaults:
(A) If a driver is late. "Late" is defined as leaving a
designated stop or time point more than five (5) minutes past
scheduled departure time.
(B) If a driver is early. "Early" is defined as leaving
a designated stop or time point any time before scheduled
departure time.
(C) If a vehicle runs out of fuel while on a route.
(D) If a vehicle is not properly inspected or cleaned
prior to use on the route.
The parties hereto agree that any of the above defaults
will result in damage and injury to the City. The City will
deduct liquidated damages from payment of the Contractor's
invoice as specified in Section 3, Compensation.
The City.recognizes. that the "defaults" identified as A
and B do not a .pjp1X, when, the bus driver .is scheduled to_ pickup
a.paratransit rider:. '*'* " " " " " "
SECTION 11. INSURANCE
Contractor shall secure from a good and responsible
company or companies doing insurance business in the State of
California, pay for, and maintain in full force and effect for
the duration of this Agreement the policies of insurance
required by this paragraph and shall furnish to the City Clerk
of the City certificates of said insurance on or before the
commencement of the term of this Agreement. Notwithstanding
any inconsistent statements in any of said policies or any
subsequent endorsement attached thereto, the protection
offered by the policies shall:
1. Name the City and its officers, employees, servants and
agents and independent contractors serving in the role as
City Engineer or City Attorney, as additional insured
with Contractor.
2. Insure the City and its officers and employees, servants
and agents while acting in the scope of their duties
under this Agreement against all claims, demands, damage,
liabilities, losses, costs or expenses arising from, or
in any way connected with, the performance of this
Agreement by Contractor or the u'ity.
3. Bear an endorsement or have attached a rider, executed by
a duly authorized officer of the insurance company,
whereby it is provide that such policy provides primary
coverage and that any other policy that may afford
coverage to the City shall be excess over, and not
concurrent with, such policy.
4. Bear an endorsement or have a rider, executed by a duly
authorized officer of the insurance company, whereby it
is provided that, in the event of expiration or proposed
cancellation of such policy for any reason whatsoever,
the City shall be notified by certified or registered
mail, postage prepaid, return receipt requested, not less
than thirty (30) days before the expiration or
cancellation is effective
Consistent with the provisions of this Article, the
Contractor shall provide! public liability and property
damage insurance as ffo].i.ows:
(A) In an amount not less than five million dollars
($5,000,000.00) fol., injuries or death to any one
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person, and subject to the same limitation for each
person ($5,000,000.00) on account of any one
occurrence; and
(B) In an amount not less than five million dollars
($5,000,000.00) for damages to property on account
of any one occurrence.
Consistent with the provisions of this Section, the
Contractor shall provide commercial automobile collision and
liability insurance as follows:
(A) In an amount not less than one million dollars
($1,000,000) for commercial automobile liability
insurance to include coverage for owned, hired and
non -owned automobiles.
(B) In an amount not less than the actual cash value of
the vehicles (based upon straight -line
depreciation, the original purchase price and
service life expectancy) for automobile collision
and comprehensive coverage to include a deductible
of not more than ten thousand dollars ($10,000).
Consistent with the provisions in the preceding
paragraphs, Contractor shall provide workers' compensation
insurance as required by the California Labor Code. If any
class of employees engaged by Contractor in work under this
Agreement is not protected by the workers' compensation law,
Contractor shall provide adequate insurance for the protection
of such employees to the sati.sf..actior of the City.
SECTION 12. GENERAL PROVISIONS
12.1 Conflict of Interest
The Contract covenants that he presently has no interest
and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of
service required to be performed under this Contract. The
Contractor further covenants that in the performance of this
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Contract, no person having such interest shall be employed.
12.2 Interest of Employees
No member officer or employee of the City, during his /her
tenure or for one (1) year thereafter, shall have any
interest, whether contractual, non - contractual, financial or
otherwise, in this transaction, or in the business of the
contracting party other than the City, and if any such
interest comes to the knowledge of either party at any time,
a full and complete disclosure of all such information will be
made in writing to the other party or parties, even if such
interest would not be considered a conflict of interest under
Article 4 (commencing with Section 1090) or Article 4.6
(commencing with Section 1120) of Division 4 of Title 1 of the
Government Code of the State of Cal:i.f'ornia.
12.3 Conflicting Use
The Contractor shall not use the City -owned vehicle or
^l(� City -owned equipment other than provided for in t
� - his Contract
without the prior approval of the City.
12.4 Interest of Members of or Delegates to Congress
No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Contract
or to any benefit arising therefrom.
12.5 Audit and Retention of Records
The Contractor shall allow the authorized representative
of the City, the U.S. Uepartment of Transportation hereinafter
DOT, and the comptroller General of the United States and the
California State Controller's Office to inspect and audit all
data and records of the Contractor relating to performance
under the Contract. Such audit shall be allowed upon
reasonable notice of any aforementioned agency. Further, the
Contractor shall maintain all required records for three years
after final payment under this Contract and until all other
pending matters are closed. -
12.6 Conservation
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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 USC,
Section 6321 st seq.).
12.7 Air Pollution Control
The Contractor shall comply with all air pollution
control rules, regulations, ordinances, and statutes which
apply to any work performed pursuant to the Contract,
including any air pollution control rules, regulations,
ordinances, statutes, specified in Section 11017 of the
California Government Code. All Contractors and suppliers
shall be required to submit evidence, if requested, to the
City that the governing air pollution control criteria will be
met.
12.8 Title VI of the Civil Rights Act of 1964
During the performance of this contract, the Contractor,
for itself, its assignees and successors in interest
(hereinafter referred to as the "Contractor ") agrees as
follows:
(1) Compliance with Regulations: The Contractor shall
comply with the Regulations relative to
nondiscrimination in federally assisted programs of
the DOT Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which
are herein incorporated by reference and made a
part of this contract,
(2) Nondiscrimination: The Contractor, with regard tc
the work performed by it during the contract, 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 directl, or indirectly in the
discrimination prohibited icy Section 21.5 of the
Regulations, inclix, inn employment practices when
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the contract covers a program set forth in Appendix
B of the Regulations.
(3) Solicitations for Subcontracts Including
Procurements 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
procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be
notified by the Contractor of the Contractor's
obligations under this Contract and the Regulations
relative to nondiscrimination or the grounds of
race, color, or national origin.
(4) 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
facilities as may be determined by the City of the
Federal Transit. Administration to be pertinent to
ascertain compliance with such Regulations, orders
and instructions,. Where any information required
of the 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 set forth what efforts it has made to
obtain the information.
(5) Sanctions for Noncompliance: In the event of the
Contractor's noncompliance with nondiscrimination
provisions of the Contract, the City shall impose
contract sanctions as it or the Federal Transit
Administration may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the Contractor
under the Contract until the Contractor
complies; and, +or
(b) cancellation, termination, or suspension of
the contract, in whole or in part.
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(6) Incorporation of Provisions: The Contractor shall
include the provisions of paragraphs (1) through
(6) in every subcontract, including procurments of
materials and lease of equipment, unless exempt by
the Regulations, or directives issued pursuant
thereto as related to this contract. The
Contractor shall take such action with respect to
any subcontract or procurement as the City or the
Federal Transit Administration may direct as a
means of enforcing such provisions including
sanctions for noncompliance: provided, however,
that, in the event the Contractor becomes included
in, or is threatened with, litigation with a
subcontractor or supplier as a result of such
direction, the Contractor may request the City,
and, addition, the Contractor may request the
United States to enter into such litigation to
protect the interests of the Untied States.
12.9 Labor Provisions - Non Construction Contracts
A. Overtime Requirements_
No Contractor or Subcontractor contracting for any
part of the Contract 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.- federal Fair Labor
Standards Act 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 Sedtion 5.5,
the Contractor and any Subcontractor responsible
therefor shall be :fable 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 guards, employed
in violation of the clause set forth in
subparagraph (b)(1) of 29 CFR Section 5.5. The
Contractor shall operate under the applicable
provisions of the Federal Fair Labor Standards Act
regulations.
C. Withholdina for Unpaid Wages and Liquidated Damages
The DOT or City shall upon its own action or upon
written request of an authorized representative of
the Department of Labor, withhold or cause to be
withheld, form 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 Contract for all laborers and mechanics,
including guards and watchmen, working on the
Contract. Such records shall contain the name and
address of each such employee, social security
number, correct class:Lfications, hourly rates of
wages paid, daily and c,eekly number of hours
worked, deductions made, and actual wacjes paid.
Further, the City shall require the contracting
officer to insert r any such contract a clause
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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 DOT and the Department of
Labor, 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 the paragraph.
12.10 Disadvantaged Business Enterprises (DBE)
It is the policy of the U.S. Department of Transportation
that Disadvantaged business Enterprises (DBE) as defined in 49
C.F.R. Part 23, shall have the maximum opportunity to
participate in the performance of contracts financed in whole
or in part with federal funds under this Contract.
Consequently, the DBE requirements of 49 C.F.R. Part 23 apply
to this Contract..
The Contractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of the
Contract. The requirements of 49 C.F.R. Part 23 and the
City's U.S. DOT- approved Disadvantaged Business Enterprise
(DBE) Program are incorporated z.n this Contract by reference.
Failure by the Contractor to carry out these requirements is
a material breach of the Contract, which may result in the
termination of the Contract:: or such other remedy as the City
deems appropriate.
The Contractor shall cooperate fully with the City in
meeting any of the City's commitments and goals with regard to
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the maximum utilization of Disadvantaged Business Enterprises.
The Contractor shall keep records of DBE participation in all
activities carried out pursuant to this Contract, and shall
report to the City all such participation and efforts made to
encourage DBE participation as required by the City.
12.11 Compliance with Laws, Rules, Regulation
All Services performed by the Contracts pursuant to this
Contract shall be performed in accordance and full compliance
with all applicable federal, state, or local statutes, and any
rules or regulations promulgated thereunder, including but not
limited to, those relative to Civil Rights, Equal Employment
Opportunity, Disadvantaged Business Enterprise, and Labor
Protection. The Contractor is subject to the provisions of
Section 13(c) of the Urban Mass Transportation Act of 1964, as
amended and specifically to any labor protection provisions
incorporated into contract of assistance between the Urban
Mass Transportation Administration and the City. These
provisions require that the project "be carried out in such a
manner and upon such terms and conditions as will not
adversely affect employees in the mass transportation industry
within the service area of the pro- !ect ".
The Contractor shall pay all taxes required to be paid by
it by any applicable federal, state, or local statute, except
the Business License Tax or Registration Permit levied by the
City. Further, the Contractor shall secure, on its own
behalf, or on behalf of the City if requested, any and all
licenses and permits required by law. The Contractor shall
assure that all of its employees operating City vehicles
possess a valid, current Class B C'a'lifornia Driver License
with appropriate endorsements. The Contractor shall not be
required to secure a Federal :ommunic:ations Commission License
for the City's vehicle radio :system.
SECTION 13. TERMINATION OF' CONTRACT
This Agreement, or portions thereof, may be terminated or
canceled in any one of the followina manners:
(1)
By mutual agreement:
of
the parties,
(2)
Upon thirty (30)
lay
written notice by either
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SECTION 16. NOTICES
Any notice to be given hereunder by either party to the
other shall be effected either by personal delivery in writing
or by certified mail, postage prepaid, return receipt
requested. Mailed notices shall be addressed to the City as
follows:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, California 93021.
Mailed notices shall be addressed to the Contractor as
follows:
Each party may change the address by written notice in
accordance with this section. Notices delivered personally
will be deemed served as of actual receipt; mailed notices
will be deemed served as of the second (2nd) day after
mailing.
SECTION 17. ENTIRE AGREEMENT OF PARTIES
This Agreement supersedes any and all agreements, either
oral or written, between the parties hereto with respect to
the rendering of 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 purporting to be such ali amendment, signed and
acknowledged by both of the parties hereto.
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SECTION 18. GOVERNING LAW
This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
SECTION 19. ATTORNEY'S FEES
Should either party hereto institute any action or
proceeding of any nature whatsoever in a court of law, equity,
or otherwise to enforce any provisions of this Agreement or
for a declaration of such party's rights or obligations
hereunder or for any other remedy, the prevailing party shall
be entitled to receive from the losing party, its costs,
including such amount as the Court or arbitration panel may
adjudge to be reasonable attorney's fees for the services
rendered the party finally prevailing in any such action or
proceeding.
SECTION 20. VENUE
This Agreement is made, entered into, executed and is to
be performed in Moorpark, Ventura County, California, and any
action filed in any court: or for arbitration for the
interpretation, and /or enforcement of the terms, covenants and
conditions referred to herein shall be filed in the applicable
court in Ventura County, California.
SECTION 21. CITY'S AGENT
The Moorpark City Manager, or his designee shall have the
right to review, coordinate and approve all work to be
performed by the Contractor pursuant to this Agreement, and
shall be the City's agent in this matter.
SECTION 22. 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 ground that the party
prepared the Agreement or caused it to be prepared.-
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SECTION 23. 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.
SECTION 24. 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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