City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 2
TABLE OF CONTENTS
Background 3
Project Introduction 3
Scope of Work 4
I. Basic Program Requirements 4
A. Staff Roles & Responsibilities 4
B. Customer Service Delivery 5
C. Program Administration 7
D. Vehicle Operation & Maintenance 9
II. Program Specifications 10
Proposal Submittal Requirements 13
Questions 14
Minimum Consultant Requirements 15
Consultant Selection Procedures 15
Project Schedule 16
General Conditions 16
Attachments 18
A. City Standard Contract
B. Temple City DAR Service Plan
C. Proposal Worksheet
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 3
BACKGROUND
Temple City is centrally located in the west San Gabriel Valley approximately five miles southeast of
Pasadena; 13 miles east of downtown Los Angeles; and surrounded by the cities of Arcadia, San
Gabriel, El Monte, Rosemead, and unincorporated portions of Los Angeles County. The city is
approximately 3.85 square miles and predominantly residential. The 2020 U.S. Census Bureau
indicates a total population of 36,494.
With an expiring Dial-A-Ride (DAR) contract and a possible partnership with Lyft on the horizon, the
City is now reevaluating transportation offerings. Public transportation includes several regional
bus routes operated by Los Angeles County Metropolitan Transportation Authority (Metro) and
Foothill Transit. The only local service currently offered is DAR for seniors and community
members of limited mobility. Expanding public transportation offerings would not only further various
City Council objectives (e.g., elevate existing services, facilitate downtown access, and promote
sustainable infrastructure and alternative transportation modes); but also fulfill
recommendations fro
m recent planning studies (i.e., Traffic Calming Master Plan and Downtown
Parking Strategic Plan).
The City Council is the policymaking body for the City’s transportation programs, while the Parks and
Recreation Department oversees the overall administration, planning, monitoring and marketing of
offerings.
PROJECT INTRODUCTION
The City of Temple City (“City”) seeks proposals from a qualified Service Contractor
(“Contractor”) for the management and operation of a paratransit dial-a-ride service.
This Request for Proposals (RFP) describes minimum requirements for the specified service. Successful
bidders shall outline turnkey system options that include all necessary equipment (i.e., facilities,
equipment, supplies, maintenance and services) and capable administrative staff to ensure the
complete and effective execution of the public transportation service, such that nothing
remains to be additionally purchased or supplied by the City.
Contractors must demonstrate capacity to deliver high-quality service, and strategy to maximize
available resources. The City places a strong emphasis on customer satisfaction at all levels of
the organization—especially transportation as many users depend on the City’s services for
mobility. Contracted firms are expected to provide excellent and helpful customer experience,
and utilize innovative technologies and tools when applicable.
The City intends to award a three-year contract with two one-year extension options.
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 4
SCOPE OF WORK
Proposals must meet BASIC PROGRAM REQUIREMENTS, and also satisfy the PROGRAM
SPECIFICATIONS. Failure to perform may result in assessed penalties and potential termination of the
contract.
I. BASIC PROGRAM REQUIREMENTS
Successful bidders shall demonstrate excellent customer service delivery and project management
capacity. It is understood that the selected Contractor will furnish all necessary equipment and
personnel for the complete operation of any provided public transportation program, and ensure full
compliance with applicable local, state and federal requirements.
A) Staff Roles & Responsibilities
Contractor is responsible for providing staff to ensure successful program operations. It is
the sole responsibility of the Contractor to pay employee wages and benefits, and
ensure compliance with all federal, state and local requirements applicable to the
program (e.g., proper licensing and permitting, acquisition of a Temple City Business
License, employee liability, worker’s compensation, employment insurance, equal opportunity
employment, social security, etc.). Upon request, the Contractor shall supply a list of
personnel, a copy of their personnel policies, including re
imbursement policies for sick
leave, overtime pay and wage scales. The City may require that staff be removed from
program operations for excessive complaints, rudeness or other inappropriate behavior or
appearance.
As an extension of City staff, personnel assigned must represent the City positively,
demonstrating excellent customer service and expert knowledge about Temple City
transportation program(s)—e.g., service characteristics, service area, equipment usage, etc.
Contractor must ensure that staff obtain relevant training on an ongoing basis (e.g., sensitivity
training for interacting with senior and special needs populations; knowledgeable of relevant
laws and regulations—Americans with Disabilities Act (ADA) of 1990, California Title 24,
the Transportation Development Act, and California Highwa
y Patrol (CHP) Title 13, etc.).
1. Project Manager
It is preferred but not necessary for the Project Manager (PM) to be 100%
dedicated to Temple City service(s). Reports directly to the City and oversees
day-to-day administration (e.g., compliance with regulations, training, records-
keeping, vehicle maintenance and personnel management, etc.). PM must
demonstrate expert knowledge and understanding in all aspects of the
managed service, and work closely with the City to address any
personnel/operation issues, accidents and/or passenger complaints in a timely,
accurate and professional manner. PM must be available
to meet in person or
by phone at all hours of the operational day to make decisions or arrange
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 5
coordination.
2. Receptionists/Dispatchers
As front-line customer service representatives, receptionists/dispatchers ensure
efficient and productive operations by receiving phone calls; addressing
scheduling, general inquiries and complaints; and coordinating with in-field
vehicle operators via radio. Complaints must be reported to the PM. Other
responsibilities include auditing and recording arrivals with a real- time GPS
tracker.
3. Vehicle Operators
As front-line customer service representatives in the field, vehicle operators
directly interface with the public to provide transportation service; as well as
coordinate with call center operators via radio. As such, it is especially important
for operators to uphold professional conduct and appearance. Vehicle operators
shall wear Temple City DAR identification badges, as well as uniforms
provided/designed by the Contractor and approved by the City. Uniforms must
be neat, clean, pressed, in good condition and of proper fit. While in uniform,
staff
must conform to all applicable City regulations. In addition to having valid
certification (i.e., valid California Class B or Class C driver’s license as appropriate,
current Department of Transportation approved medical examination certificate,
etc., vehicle operators must be drug free and are subject to drug and alcohol
tests in compliance with the Federal Highway Administration’s (FHWA) Drug and
Alcohol testing requirements (Title 49 Code of Federal Regulations).
B) Customer Service Delivery
Contractor shall provide reliable, timely and efficient transportation service at reasonable
comfort levels and accommodations. In providing service on the City’s behalf, Contractor
staff must exhibit a high degree of professionalism and reflect the City’s commitment to
quality service. All complaints must be promptly reported to the Project Manager for
proper address.
1. Call Center & Customer Service
Using a City-provided phone number, Contractor shall operate a central call
center for customer relations and functions including but not limited to trip
scheduling and general inquiries. Contractor must demonstrate ability to provide
translation in Chinese (Mandarin and Cantonese) and Spanish as needed by the
customer. All calls must be recorded, with audio files maintained by the
Contractor and available for reference upon City request. Contractor must ensure
sufficient phone lines and staffing such that customer hold times do not exceed
90 seconds. Complaints shall be resolved as soon as possible, within two days,
and reported to the PM for record
keeping.
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 6
Prior to service implementation, the Contractor will also work with the City to
develop Service Guide(s) that clearly outline service parameters and scheduling
information. City is responsible for printing.
The City is interested in exploring options to enhance customer tools. Proposers
should indicate their capabilities/experience with relevant technologies when
applicable—e.g., real-time vehicle tracking, online reservations, mobile apps,
integration with Metro’s Advanced Transportation Management System (ATMS),
etc.
2. Rider Experience & Accommodations
Contractor is responsible for ensuring a timely, efficient service and reasonably
comfortable riding experience. In addition to requirements outlined in Section
I.D. VEHICLE OPERATION & MAINTENANCE, all equipment used to transport
passengers must be in full compliance with ADA standards. At minimum, service
levels must satisfy the following characteristics:
•
If vehicles of different capacity are used, Contractor shall ensure that
revenue vehicles are properly scheduled and deployed to comfortably
handle peak passenger volumes.
•
Arrivals must be within five minutes early to ten minutes late. In the
event the Contractor fails to meet an on-time performance level of 90%
in any month, the City may penalize for underperformance in an amount
not to exceed $250.
•
Air conditioning shall be used when the ambient outdoor temperature
reaches 75 degrees. Passengers may also request for air conditioning to
be on or off.
•
Vehicle operator shall provide as-requested assistance with boarding
and alighting to any passenger. However, operator is not responsible for
assisting passengers onto or off of private property (e.g.,
residences and businesses).
•
Customers visibly making their way to the vehicle shall not be
abandoned. However, vehicles operators retain the right to refuse any or
all passengers if passenger activity will in any way impair the safe
operation of the vehicle.
•
In the event of illness onboard a vehicle, the vehicle operator must
immediately advise the dispatcher, but is not responsible for performing
any medical or quasi-medical functions on passengers.
•
In the event of vehicle failure, Contractor shall immediately deploy a
vehicle to transport stranded passengers within 15 minutes.
•
Maximum vehicle idle time shall not exceed five minutes, with the
exception of accommodating a customer who is within eyesight of the
vehicle operator, and clearly making his/her way to the vehicle.
•
Proposer should note ability to provide vehicles which address the
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 7
following rider concerns:
o Interior space and seating configuration to accommodate
accessibility for oversized wheelchairs;
o Functioning wheelchair lifts;
o Seatbelts extensions;
o Handrails and seat handlebars and/or armrests for support and
stability; and
o Shock absorption for rider comfort.
C) Program Administration
Contractor is responsible for providing a turnkey transportation program including all
necessary equipment and personnel as well as program management. The project PM is
primary contact functioning as an extension to City staff, working closely with City
representatives to address evolving program needs and customer concerns.
1. RESOURCE MANAGEMENT
Strategic resource coordination is expected at all levels of program operations,
from trip scheduling procedures to deployment of revenue vehicles. Contractor
staff shall utilize available resources in an efficient manner while ensuring high
level of service.
2. PERFORMANCE MONITORING
Contractor is responsible for performing audits periodically and upon City request, to
record vehicle arrival times. Vehicles must be equipped with GPS to enable tracking.
Contractor shall also keep record of complaints, which shall be recorded and resolved
as soon as possible, within two days of the incident. Data is regularly submitted to
the City. See “RECORD KEEPING” for timelines, procedures and additional
documentation requirements.
To facilitate internal communications and promote consistency in service,
Contractor shall develop an Employee Handbook for review by the City and
distribution among personnel, which identifies roles, responsibilities and
procedures for all staff in matters ranging from scheduling trips and handling
complaint, to service information and user policies.
3. COMPLAINT & ACCIDENT REPORTING
Contractor shall identify procedures for reporting and handling customer
complaints and accidents. In the event of a traffic accident or serious passenger
incident, Contractor shall notify the City within 24 hours and prepare all reports
and coordination in compliance with any applicable laws and regulations. Should the
accident involve personal injuries, Contractor shall notify the designated City
representative immediately upon receipt of such information.
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 8
4. FARE BOX RECOVERY
Contractor retains fare box revenues in addition to contract payments by the City. Fee
is set by the City at 50 cents per person per ride. Reports on revenues collected
shall be provided to the City in writing on a monthly basis.
5. TRAINING & SAFETY
Contractor shall participate in ongoing training to prepare all newly hired and
current personnel to perform all obligations set forth in this RFP, in a manner that
conforms to all applicable laws. Contractor shall also maintain a safety program with
appropriate manuals provided to employees. In addition, all Contractor employees
directly interfacing with passengers must receive training for CPR, first aid, and
sensitivity.
6. RECORD KEEPING
Contractor shall ensure that records are kept and reported in compliance with
applicable local, state and federal regulations; and made available for independent
audit or inspection at the City’s request. Records include but are not limited to:
relevant personnel files (see Section I.A. STAFF ROLES & RESPONSIBILITIES); monthly
transportation data
1
per National Transit Database (NTD, formerly Section 15) and
CHP Title 13 requirements; performance logs; membership; service- or operations-
related issues and complaints; trip reservation and refusal logs for DAR; etc.
Contractor shall
keep the City apprised of any service and/or personnel issues as
they occur. Upon contract approval, Contractor shall supply a list of documentation
kept and identify reporting procedures.
7. MARKETING, AWARENESS & PROMOTIONS
In some cases, the City may initiate outreach efforts to promote ridership or
major City events. Contractor shall be open to discussing activities such as
posting of promotional collateral onboard vehicles or special fare periods.
Contractor may also be asked to accommodate City-provided bus wraps for
promotional or branding purposes. Upon contract approval, the City may develop
brand identity for services. Contractor shall cooperate in incorporating brand graphics
into vehicle markers and personnel identification badges. Under no circumstance will
the Contractor devel
op or distribute any standard forms, letters or promotional
materials or items in relation to the service/program without obtaining approval from
the City.
1
Monthly reports are to be submitted on or before the 10th of the following month, and may include
but
are not limited
to NTD data, ridership statistics and breakdowns, number or percent of on-time
rides,
fares collected, safety and training
meetings, maintenance and repairs to vehicles, accidents, and
other
items as required by the
City.
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 9
8. SERVICE POLICIES
Contractor will work with the City to develop service terms of use. While under
contract, the City may request the Contractor periodically meet with staff and
rider focus groups to discuss relevant program concerns and opportunities.
Contractor shall continually monitor program operation to cooperate with the City
in developing and implementing recommendations and solutions—e.g., addressing
DAR no-shows, strategies to boost ridership, etc.
9. ADDITIONAL SERVICES
The City may at times request additional transportation services, billed at the
vehicle service hour rate set forth in the proposal.
D) VEHICLE OPERATION & MAINTENANCE
Contractor is responsible for providing, maintaining and storing revenue and backup
vehicles per contract requirements. Proposals should n ote ability to accommodate various
vehicle options—including clean-air vehicles. Upon contract approval, the Contractor will
meet with City staff to review available options.
1. VEHICLE REQUIREMENTS
Any vehicle used to provide Temple City service must be individually identified
with the specified markings. All vehicles used in Temple City program(s) must
meet the following criteria:
•
Comply with applicable ADA standards;
•
Exterior should be clean, free of obvious body damage and painted
uniformly. Interior condition should be of less than normal wear, of
uniform or matching colors, and free of tears, damage or graffiti;
•
May not exceed 100,000 miles of previous life when placed into Temple
City service. If not new, vehicles must have full maintenance records and
such records should demonstrate vehicle reliability;
•
At minimum, must provide the level of customer service outlined under
Section I.B.2. Rider Experience & Accommodations), and be equipped
with automatic or semi-automatic lift for wheelchairs with a minimum one
tie-down position; and fully functioning air conditioners, heaters,
defrosters, speedometers, fuel gauges, doors and windows, flashers,
lights, windshield washers/wipers and mirrors.
2. COMMUNICATIONS & GPS TRACKING
Contractor will provide a base radio and mobile radios to be installed in all
vehicles, obtain the necessary radio license and perform all necessary
maintenance. Contractor remains responsible for any actions and/or fines
imposed by the FCC for improper use of the system. All vehicles must also be
equipped with GPS for tracking.
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 10
3. BACKUP VEHICLES
Contractor shall provide a sufficient number of ADA-accessible vehicles as backup to
ensure continuous program operation. Vehicles should be clean and in operable
condition such that they may be readily deployed per service standards. Backup
vehicles shall be placed in service within 15 minutes of a reported breakdown.
4. VEHICLE MAINTENANCE
Contractor shall perform mechanical repairs and overhaul on all vehicles. Contractor
is responsible for properly maintaining all vehicles and performing preventative
maintenance to meet manufacturer’s minimum requirements. Maintenance shall
be scheduled accordingly to ensure availability of vehicles for service, especially
during peak periods.
5. VEHICLE CLEANING
Contractor shall provide all labor and materials necessary to keep revenue
vehicles clean at all times. Exteriors shall be washed as necessary. Interiors shall
be cleaned daily, removing litter, cleaning and repairing seats, sweeping or
vacuuming the floor, and wiping windows.
6. FACILITY REQUIREMENTS
Contractor shall provide and maintain appropriate vehicle storage and maintenance
facilities for garaging and servicing vehicles and related equipment. Location
should be within a reasonable distance to Temple City (generally within
5 miles).
II. PROGRAM SPECIFICATIONS
In addition to BASIC PROGRAM REQUIREMENTS, proposals shall also address special program
considerations and characteristics.
PARATRANSIT DIAL-A-RIDE (SENIOR/DISABLED)
Temple City DAR is an existing membership curb-to-curb, shared-ride transportation service
for residents in Temple City and approved adjacent County unincorporated areas.
Membership is restricted to senior citizens ages 60 years and over, and persons of any
age who are disabled. When necessary, members may also bring caregivers or escorts.
Service is demand-response based on 72-hour advance reservation, with same-day requests
accommodated when available. Trips may be booked within Temple City limits for any
purpose; or within Arcadia, El Monte, Rosemead and San Gabriel limits for specific
pur
poses (i.e., doctor appointments; or visits to hospitals, churches, government and daycare
facilities, convalescent homes) as well as to the Westfield Santa Anita Shopping Center, CVS
Pharmacy, Home Depot and shopping center, MTA substation in El Monte and other select
locations outside of Temple City.
Staff Roles & Responsibilities
Under PM oversight, Call Center dispatchers and vehicle operators ensure successful
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 11
service delivery. In addition to outlined staff roles:
•
Dispatchers are responsible for managing daily reservations and assigning vehicle
operators with routing. Successful DAR operation depends largely on the
ability of the dispatcher to: interact clearly, courteously and professionally with
customers; schedule, bundle and route reservations efficiently and productively
based on the “shared-ride” concept (dispatchers shall use an automated
reservation system and manually crosscheck schedules to accommodate
reservations as convenient or feasible); and coordinate with in- field vehicle
operators regarding vehicle location and actual routing.
•
Vehicle operators are responsible for transporting passengers and providing
as-needed assistance for boarding and alighting. Operators are also expected to
remain in constant communication with dispatchers regarding location, on-
demand trip requests, and any issue that may affect normal service.
Customer Service Delivery
•
Maximum waiting period for customers calling in to make phone reservations
shall not exceed 90 seconds. Response time to confirm or deny advance
reservations shall not exceed 20 minutes; and same-day requests, 45 minutes.
If service is at capacity, requests may be deferred to another time. At the time
of reservation, dispatchers should encourage customers to book return trips.
All trips within the authorized service area are accepted and delivered
regardless of trip length, origin/destination or trip purpose.
•
To ensure efficient scheduling, trips shall be organized through an automated
reservation system. Dispatch staff shall also manually crosscheck schedules to
ensure that trips are accommodated when convenient (e.g., en route of an
existing trip).
•
To minimize missed rides, riders who are not visibly at their scheduled pickup
destination shall be provided courtesy calls.
•
For advance reservation requests, customers shall be picked up within five
minutes early to ten minutes late of the scheduled time. For same-day service
requests, pickups shall be within 45 minutes of the scheduled time.
Contractor assures that adequate vehicle(s) will be available to accommodate
timely arrivals.
•
Maximum ride time for any passenger shall not exceed 60 minutes.
•
Service is provided on a daily basis, including holidays.
OPERATION HOURS
Monday - Friday 7:00 a.m. - 8:00 p.m.
Saturday 7:00 a.m. - 5:00 p.m.
Sunday 7:00 a.m. - 5:00 p.m.
Holidays 9:00 a.m. - 5:00 p.m.
•
Contractor determines the baseline number of vehicles and backup vehicles
required for operation. Dispatcher shall assign vehicles based on service
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 12
demand at any given time.
•
Proposers should note feasibility of operating an online reservation system.
Program Administration
•
First aid, CPR and sensitivity training is especially important for DAR, as
assigned staff will be interfacing with special-needs populations on a day-to-
day basis.
•
Proposals shall provide for 155 weekly vehicle hours and 8,060 annual vehicle
hours. See Attachment “A” for detailed service plan. Current DAR service plan
is provided as Attachment “A,” with program statistics as follows:
o 350 members
o 831 passengers per month
o 8,856 trips per year
•
Contractor shall work with the City in tailoring the program to address
evolving Temple City needs—e.g., accommodating standing rides, weekend
hours, periodic modifications to service area, etc.
•
Contractor shall maintain call logs—including recorded audio files, time received
and confirmed reservations (i.e., scheduled and actual pickup and drop-off
times), or refusals.
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 13
PROPOSAL SUBMITTAL REQUIREMENTS
Proposals must be received by the City of Temple City by the following due date (Postmarks not
accepted):
Wednesday, May 29, 2024, 2:00 p.m.
Submit your proposal by delivering 3 copies and 1 electronic file in pdf format to:
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Attention: City Clerk
Proposals shall include the following information:
1. Cover Letter
2. Table of Contents
3. Brief Synopsis. The proposal should include a brief synopsis of the consultant's understanding of
the City's needs and how the consultant plans to meet these needs. This section should
provide a broad understanding of the consultant's entire proposal.
4. Scope of Work. The Consultant shall include in its proposal a detailed scope of work, timeline
and breakdown of costs. Successful bidders shall demonstrate experience in and understanding
of the processes to complete all necessary tasks in a competent manner, in compliance with
all applicable rules, regulations, standards and requirements.
Bids must include the hourly service rate and breakdown of costs by operations, vehicles and
equipment.
5. Project Staff Qualifications. Provide an organization chart showing the names and
responsibilities of key personnel. Provide resumes of proposed staff, paying special attention to
how staff is trained in customer service skills to handle complaints and general inquiries.
6. Statement of Experience. Provide a summary of your firm’s general qualifications, including:
o Business name, address, and phone/fax numbers of the prospective consultant and legal
entity such as corporation, partnership, etc.
o Number of years the prospective consultant has been in business under the present
business name, as well as related prior business names.
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City
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Proposals
Dial-A-Ride Transportation
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April 29, 2024
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o A statement that the prospective consultant has a demonstrated capacity to perform the
required services.
o A statement that the consultant has an organization that is adequately staffed and
trained to perform the required services or demonstrate the capability for recruiting such
staff.
o Experience related to transit operations of principal individuals in the perspective
consultant's present organization who will be responsible for performing the
required services. Detail current positions, years of service experience, including capacity,
magnitude and type of work performed by each of the principals.
o If a consultant intends to subcontract any portion of the service delivery described in this
RFP, consultant must identify the subcontractor and the tasks the subcontractor is
proposed to perform.
7. References. Provide 5 public agency references for past similar projects completed by
consultant and, if applicable, consultant's subcontractors.
8. Contracts Completed During the Last Three Years. Provide a list of previous completed contracts,
involving operation of local transit systems for cities similar in size or characteristics to Temple
City.
9. Proposed Fee: Each respondent shall submit a single copy of a fee proposal in a
separately marked, sealed envelope. The fee proposal shall indicate the expected total fee
for the work described in the consultant services proposal. The total fee shall be itemized
by task, including consultant staff time and hourly rates, and other direct costs such as
printing and travel. The fee proposal shall be signed by an individual authorized to bind the
consultant firm.
QUESTIONS
For questions regarding this project, please contact via e-mail only:
Adam Matsumoto
Parks & Recreation Director
amatsumoto@templecity.us
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 15
MINIMUM CONSULTANT REQUIREMENTS
All consultants must:
1. Have no record of unsatisfactory performance. Consultants who are or have been seriously
deficient in current or recent contract performance, in the absence of circumstances properly
beyond the reasonable control of the Consultant, shall be presumed to be unable to meet this
requirement.
2. Have the ability to maintain adequate files and records and meet statistical reporting
requirements.
3. Have the administrative and fiscal capability to provide and manage the proposed services and to
ensure an adequate audit trail.
4. Meet other presentation and participation requirements necessary for the project.
CONSULTANT SELECTION PROCEDURE
As previously stated, the City is looking for a transportation services provider. The City will evaluate the
proposals submitted, and select the most qualified consultant for the project. The proposals will be
evaluated based upon several factors. These factors include the format, organization, layout and
presentation of the proposal, the qualification and experience of the project staff, and the
experience in similar type projects. In evaluating the proposals, the City will consider the following
factors:
• Completeness of the proposal and compliance with the required format.
• The design and layout of the proposal, including its readability.
• Project understanding, scope and approach to develop the project efficiently.
• Experience in similar projects.
• Experience and qualifications of the firm and the project team members.
• References and performance records on similar assignments.
The City will negotiate final scope and fee with the most qualified consultant.
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
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PROJECT SCHEDULE
The following is a general overview of the project schedule:
1.
Issue RFP
Monday, April 29, 20
24
2.
Written Questions Submission Deadline
2:00 p.m. on Friday, May 10, 2024
3.
Proposals Due
2:00 p.m. on Wednesday, May 29, 2024
4.
Consultant Interviews (If Necessary)
Week of June 3, 2024
5.
Award of contract by City Council
June 18, 2024
6.
Start of Work
July 1, 2024
GENERAL CONDITIONS
1. The City of Temple City shall not be liable for any pre-contractual expenses incurred by any
proposing firm (proponent) in response to this RFP, nor shall any proponent include such
expenses as part of the proposed cost. Pre-contractual expenses include any expense incurred
in preparing a proposal and negotiating any terms with the City.
2. The City reserves the right to withdraw this RFP at any time without prior notice and to
reject any and all proposals submitted without indicating any reasons. Any award of
contract for services will be made to the proponent that is best qualified and responsive in
the opinion of the City.
3. Proposals may, at the City’s option, be rejected if they contain any alterations, additions,
conditions or alternatives, are incomplete, or contain erasures or irregularities of any kind.
The City reserves the right to reject any and all proposals. The City expressly reserves the
right to postpone the opening of submittals for its own convenience and to reject any and all
submittals responding to this Request for Proposals.
4. Consultant must agree to indemnify, hold harmless and defend the City, its officers,
agents and assigns from any and all liability or loss resulting from any suits, claims or
actions brought against the City which result directly or indirectly from the wrongful or
negligent actions of the Consultant in the performance of the contract.
5. Consultant, at its own cost and expense, shall procure and maintain general liability
insurance as identified in the City Standard Contract. All such insurance coverages shall be
procured from an insurer authorized to do business in California and approved in writing by
the City. The City shall be named as an additional insured. In addition, the Consultant and sub-
contractors, if any, shall obtain workers’ compensation insurance covering all its employees as
required by law. Throughout the term of the contract, the Consultant shall deliver to the City
satisfactory evidence that the insurance has been renewed and that the
required premiums
have been paid.
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Dial-A-Ride Transportation
Services
April 29, 2024
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6. Consultant will be required to comply with all existing state and federal labor laws
including those applicable to equal opportunity employment provisions.
7. Consultant is required to have in full force and affect all licenses and permits required by all
applicable laws. Consultant shall obtain a Temple City Business License during the term of
the contract.
8. Consultant shall at all times provide services with the utmost respect to the public. All employees
of Consultant shall wear clean clothing in the performance of their duties and equipment shall
be cleaned and maintained in a safe operating manner. All equipment shall be subject to
inspection by the City at any time. All Consultant personnel shall wear appropriate safety gear
at all times while working in Temple City. Consultant shall provide satisfactory warning
devices that meet the requirements of the California Occupational
Safety and Health Act (Cal-
OSHA) for protection of workers when and where required at all times in the performance of
this contract.
9. Consultant, its agents, and employees shall comply with all laws, ordinances, rules and
regulations of the federal and state governments, the County of Los Angeles, the City of
Temple City and all governing bodies having jurisdiction applying to work done under the
agreement.
10. The City reserves the right to negotiate special requirements and proposed service levels using
the selected proposal as a basis. Compensation for services will be negotiated with the
Consultant.
11. Consultant shall not sublet any portion of the agreement with the City without express
written permission of the City Manager or his or designated representative.
12. No discrimination shall be made in the employment of persons because of the race, color,
or religion of such persons and every proposer in violation of this section is subject to all
penalties imposed for a violation of Chapter 1 of Part VII, Division 2 of the Labor Code, in
accordance with the provisions of Section 1753 thereof.
13. The City reserves the right to review and approve the qualifications of subcontracting firms
or persons. Substitutions that are not approved are considered sufficient grounds for
termination of contract.
14. The City, or any of its duly authorized representatives, shall have access to and the right to
examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time and work
records, employment records or other records relating to personnel employed by the
Consultant. Such material, including all pertinent cost accounting, financial records and
proprietary data, will be kept and maintained by the Consultant for a period of at least four
years after completion of a Consultant’s performance unless the City’s written permission is
given to
dispose of same prior to that time.
City of Temple
City
Request for
Proposals
Dial-A-Ride Transportation
Services
April 29, 2024
Page | 18
15. All responses to this RFP shall become the property of the City of Temple City and will be
retained or disposed of accordingly.
16. No amendments, additions, or alternates shall be accepted after the submission deadline.
17. All documents, records, designs, and specifications developed by the Consultant in the
course of providing services to the City of Temple City shall be the property of the City.
Anything considered to be proprietary should be so designated by the Consultant.
18. Acceptance by the City of any qualification submitted pursuant to this RFP shall not
constitute any implied intent to enter into a contract for services.
19. The City reserves the right to issue written notice to all interested parties of any change in
the qualification submission schedule should the City determine, in its sole discretion, that
such changes are necessary.
20. The City of Temple City hereby notifies all bidders that it will affirmatively insure that in any given
agreement entered into pursuant to this advertisement, Disadvantaged Business and Women’s
Business Enterprises will be afforded full opportunity to submit bids in response to this invitation
and will not be discriminated against on the grounds of race, creed, color, or national origin in
consideration for an award.
21. Please note the passage of Measure AA by Temple City voters in November 2016 imposed strict
restrictions related to campaign contributions and gifts to City Council members by contractors and
prospective contractors (see http://templecity.us/MeasureAA). All submitting firms should be
aware of these restrictions.
ATTACHMENTS
A. City Standard Contract. Attachment is a copy of the anticipated contract the selected consultant
will be required to sign for this project. On projects funded by federal and/or other outside
funding sources, applicable provisions and requirements of the funding program will be added
to City Standard Contract provided.
B. Temple City DAR Service Plan
C. Proposal Worksheets
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ATTACHMENT "A"
AGREEMENT FOR SERVICES
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
___________________________________
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
__________________________________
This Agreement for Services (“Agreement”) is entered into as of this ____ day of
_________, 20__ by and between the City of Temple City, a municipal corporation
(“City”) and ____________________, a ___________________ (“Service Provider”).
City and Service Provider are sometimes hereinafter individually referred to as “Party”
and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals the performance of the services
defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal for the performance
of the services defined and described particularly in Section 2 of this Agreement, was
selected by the City to perform those services.
C. Pursuant to the City of Temple City’s Municipal Code, City has authority to
enter into this Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Service Provider for
performance of those services defined and described particularly in Section 2 of this
Agreement and desire that the terms of that performance be as particularly defined and
described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants
made by the Parties and contained here and other consideration, the value and
adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this
Agreement, the Term of this Agreement is for three years commencing on the July 1,
2024. Upon mutual agreement by both parties, City and Service Provider may extend
this Agreement for an additional two years at one-year intervals.
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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Service Provider agrees to perform the services set
forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of
this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to
the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to
that schedule, the Service Provider shall be deemed to be in Default of this Agreement.
The City, in its sole discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection
with its performance of this Agreement that are in addition to or outside of the Services
unless such additional services are authorized in advance and in writing in accordance
with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this
Agreement. If and when such additional work is authorized, such additional work shall
be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part
of this Agreement by this reference. The total compensation, including reimbursement
for actual expenses, shall not exceed ______________________________ dollars
($_____________), unless additional compensation is approved in writing in
accordance with Section 26 “Administration and Implementation” or Section 28
“Amendment” of this Agreement..
(b) Each month Service Provider shall furnish to City an original invoice for all
work performed and expenses incurred during the preceding month. The invoice shall
detail charges by the following categories: labor (by sub-category), travel, materials,
equipment, supplies, and subcontractor contracts. Subcontractor charges shall be
detailed by the following categories: labor, travel, materials, equipment and supplies. If
the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on
an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor
category in each invoice shall include detailed descriptions of task performed and the
amount of time incurred for or allocated to that task. City shall independently review
each invoice submitted by the Service Provider to determine whether the work
performed and expenses incurred are in compliance with the provisions of this
Agreement. In the event that no charges or expenses are disputed, the invoice shall be
approved and paid according to the terms set forth in subsection (c). In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City
to Service Provider for correction and resubmission.
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(c) Except as to any charges for work performed or expenses incurred by
Service Provider which are disputed by City, City will use its best efforts to cause
Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s
correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Service
Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this
Agreement, either during performance or when completed. City shall reject or finally
accept Service Provider’s work within sixty (60) days after submitted to City. City shall
reject work by a timely written explanation, otherwise Service Provider’s work shall be
deemed to have been accepted. City’s acceptance shall be conclusive as to such work
except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of
any of the provisions of this Agreement including, but not limited to, Section 16
“Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by Service Provider in the course of providing the Services pursuant to this
Agreement shall become the sole property of City and may be used, reused or
otherwise disposed of by City without the permission of the Service Provider. Upon
completion, expiration or termination of this Agreement, Service Provider shall turn over
to City all such original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement
any maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files or other documents prepared, developed or discovered by
Service Provider in the course of providing the Services pursuant to this Agreement,
Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of
this Agreement shall not extend to such use of the maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records
demonstrating or relating to Service Provider’s performance of the Services. Service
Provider shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, or other documents or records evidencing or relating to work,
services, expenditures and disbursements charged to City pursuant to this Agreement.
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Any and all such documents or records shall be maintained in accordance with
generally accepted accounting principles and shall be sufficiently complete and detailed
so as to permit an accurate evaluation of the services provided by Service Provider
pursuant to this Agreement. Any and all such documents or records shall be
maintained for three (3) years from the date of execution of this Agreement and to the
extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to
this section shall be made available for inspection, audit and copying, at any time during
regular business hours, upon request by City or its designated representative. Copies
of such documents or records shall be provided directly to the City for inspection, audit
and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Service
Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of Service Provider’s business, City may, by written request,
require that custody of such documents or records be given to the City. Access to such
documents and records shall be granted to City, as well as to its successors-in-interest
and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Service Provider shall have no
authority to bind City in any manner, nor to incur any obligation, debt or liability of any
kind on behalf of or against City, whether by contract or otherwise, unless such authority
is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City.
(b) The personnel performing the Services under this Agreement on behalf of
Service Provider shall at all times be under Service Provider’s exclusive direction and
control. Neither City, nor any elected or appointed boards, officers, officials, employees
or agents of City, shall have control over the conduct of Service Provider or any of
Service Provider’s officers, employees, or agents except as set forth in this Agreement.
Service Provider shall not at any time or in any manner represent that Service Provider
or any of Service Provider’s officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider’s officers,
employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to City’s employees. Service Provider expressly
waives any claim Service Provider may have to any such rights.
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SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications,
experience and facilities necessary to properly perform the Services required under this
Agreement in a thorough, competent and professional manner. Service Provider shall
at all times faithfully, competently and to the best of its ability, experience and talent,
perform all Services. In meeting its obligations under this Agreement, Service Provider
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing services similar to the Services required of Service
Provider under this Agreement. In addition to the general standards of performance set
forth this section, additional specific standards of performance and performance criteria
may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service
Provider’s work under this Agreement. Where there is a conflict between a general and
a specific standard of performance or performance criteria, the specific standard or
criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Service Provider shall keep itself informed of and comply with all applicable
federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect
during the term of this Agreement. Service Provider shall obtain any and all licenses,
permits and authorizations necessary to perform the Services set forth in this
Agreement. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall be liable, at law or in equity, as a result of any failure
of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing
wage laws do not apply to this Agreement because the Agreement does not involve any
of the following services subject to prevailing wage rates pursuant to the California
Labor Code or regulations promulgated thereunder: Construction, alteration, demolition,
installation, or repair work performed on public buildings, facilities, streets or sewers
done under contract and paid for in whole or in part out of public funds. In this context,
“construction" includes work performed during the design and preconstruction phases of
construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the
basis of race, color, religious creed, national origin, ancestry, sex, age, physical
handicap, medical condition or marital status in connection with or related to the
performance of this Agreement.
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SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions
of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Service Provider so employ such unauthorized aliens for the
performance of the Services, and should the any liability or sanctions be imposed
against City for such use of unauthorized aliens, Service Provider hereby agrees to and
shall reimburse City for the cost of all such liabilities or sanctions imposed, together with
any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its
firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of City or which would in any way hinder Service Provider’s
performance of the Services. Service Provider further covenants that in the
performance of this Agreement, no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent
of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or
the appearance of any conflicts of interest with the interests of City in the performance
of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the
date of execution of this Agreement, independently involved in the performance of non-
related services for other governmental agencies and private parties. Service Provider
is unaware of any stated position of City relative to such projects. Any future position of
City on such projects shall not be considered a conflict of interest for purposes of this
section.
(c) City understands and acknowledges that Service Provider will, perform
non-related services for other governmental agencies and private Parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Service Provider. Service
Provider shall not release or disclose any such information or work product to persons
or entities other than City without prior written authorization from the City Manager,
except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the City Manager or unless requested by the
City Attorney of City, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work
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performed under this Agreement. Response to a subpoena or court order shall not be
considered "voluntary" provided Service Provider gives City notice of such court order
or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of
Service Provider, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Service
Provider for any damages, costs and fees, including attorneys fees, caused by or
incurred as a result of Service Provider’s conduct.
(d) Service Provider shall promptly notify City should Service Provider , its
officers, employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder. City retains the right, but
has no obligation, to represent Service Provider or be present at any deposition, hearing
or similar proceeding. Service Provider agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided
by Service Provider. However, this right to review any such response does not imply or
mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care for Service Provider’s services, to the fullest extent
permitted by law, Service Provider shall indemnify, protect, defend and hold harmless
City and any and all of its officials, employees and agents (“Indemnified Parties”) from
and against any and all liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including attorneys fees and
costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, any negligent or
wrongful act, error or omission of Service Provider, or by any individual or entity for
which Service Provider is legally liable, including but not limited to officers, agents,
employees or sub-contractors of Service Provider, in the performance of professional
services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Service
Provider shall indemnify, protect, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorney's fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by Service
Provider or by any individual or entity for which Service Provider is legally liable,
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including but not limited to officers, agents, employees or sub-contractors of Service
Provider.
(c) Indemnification from Subcontractors. Service Provider agrees to obtain
executed indemnity agreements with provisions identical to those set forth in this
section from each and every subcontractor or any other person or entity involved by, for,
with or on behalf of Service Provider in the performance of this Agreement naming the
Indemnified Parties as additional indemnitees. In the event Service Provider fails to
obtain such indemnity obligations from others as required herein, Service Provider
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth herein is binding on the successors, assigns or heirs of
Service Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this section
to the contrary, design professionals are required to defend and indemnify the City only
to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design
professional to claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the design
professional. The term “design professional,” as defined in Section 2782.8, is limited to
licensed architects, licensed landscape architects, registered professional engineers,
professional land surveyors, and the business entities that offer such services in
accordance with the applicable provisions of the California Business and Professions
Code.
(e) City’s Negligence. The provisions of this section do not apply to claims
occurring as a result of City’s sole negligence. The provisions of this section shall not
release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the
term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and
made a part of this Agreement. All insurance policies shall be subject to approval by
City as to form and content. These requirements are subject to amendment or waiver if
so approved in writing by the City Manager. Service Provider agrees to provide City
with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for
this Agreement. City has an interest in the qualifications and capability of the persons
and entities who will fulfill the duties and obligations imposed upon Service Provider
under this Agreement. In recognition of that interest, Service Provider shall not assign
or transfer this Agreement or any portion of this Agreement or the performance of any of
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Service Provider’s duties or obligations under this Agreement without the prior written
consent of the City. Any attempted assignment shall be ineffective, null and void, and
shall constitute a material breach of this Agreement entitling City to any and all
remedies at law or in equity, including termination of this Agreement pursuant to Section
20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in
the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and
continuity of Service Provider’s staff and subcontractors, if any, assigned to perform the
Services. Service Provider shall notify City of any changes in Service Provider’s staff
and sub-contractors, if any, assigned to perform the Services prior to and during any
such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by
giving thirty (30) days written notice of termination to Service Provider. In the event
such notice is given, Service Provider shall cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time
upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation
under this Agreement, then, in addition to any other remedies, either Service Provider,
or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all
property belonging exclusively to City which is in Service Provider’s possession shall be
returned to City. Service Provider shall furnish to City a final invoice for work performed
and expenses incurred by Service Provider, prepared as set forth in Section 4
“Compensation and Method of Payment” of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 “Compensation and
Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement,
the City shall not have any obligation or duty to continue compensating Service Provider
for any work performed after the date of default. Instead, the City may give notice to
Service Provider of the default and the reasons for the default. The notice shall include
the timeframe in which Service Provider may cure the default. This timeframe is
presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Service Provider is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment
on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some
or all of the outstanding invoices during the period of default. If Service Provider does
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not cure the default, the City may take necessary steps to terminate this Agreement
under Section 20 “Termination of Agreement.” Any failure on the part of the City to give
notice of the Service Provider’s default shall not be deemed to result in a waiver of the
City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if
any, caused by delay in performance or failure to perform due to causes beyond the
control of Service Provider. Such causes include, but are not limited to, acts of God,
acts of the public enemy, acts of federal, state or local governments, acts of City, court
orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The
term and price of this Agreement shall be equitably adjusted for any delays due to such
causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and
available to City as public records, and which are necessary for carrying out the
Services shall be furnished to Service Provider in every reasonable way to facilitate,
without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
prepaid and return receipt requested, addressed as follows:
To City: City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Service Provider:__________________________
__________________________
__________________________
__________________________
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
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SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider
represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Service Provider to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his
or her designated representative. The City Manager shall have the authority to issue
interpretations and to make amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 28 “Amendment” and the City
Manager’s contracting authority under the Temple City Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in
writing and approved by the Service Provider and by the City. The City Manager shall
have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City
Manager’s contracting authority under the Temple City Municipal Code. All other
amendments shall be approved by the City Council. The Parties agree that the
requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision nor a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any work or services
by Service Provider shall not constitute a waiver of any of the provisions of this
Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the Parties, venue in
state trial courts shall lie exclusively in the County of Los Angeles, California. In the
event of litigation in a U.S. District Court, venue shall lie exclusively in the Central
District of California, in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
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In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire,
complete, final and exclusive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether
oral or written, or entered into between Service Provider and City prior to the execution
of this Agreement. No statements, representations or other agreements, whether oral
or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by
reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first-above written.
CITY OF TEMPLE CITY
__________________________
Bryan Cook, City Manager
ATTEST: APPROVED AS TO FORM:
___________________________ ________________________
Peggy Kuo, City Clerk Greg Murphy, City Attorney
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- 13 -
CONTRACTOR:
By
(Authorized Officer)
Name:
Title:
(2
nd
signature required if Corporation, Incorporation or Limited Liability
Corporation)
By
(Authorized Officer)
Name:
Title:
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
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A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
¨
Individual
¨
Corporate Officer
Title(s) Title or Type of Document
¨
Partner(s)
¨
Limited
¨
General
¨
Attorney-In-Fact
Number Of Pages
¨
Trustee(s)
¨
Guardian/Conservator
¨
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
¨
Individual
¨
Corporate Officer
Title(s) Title or Type of Document
¨
Partner(s)
¨
Limited
¨
General
¨
Attorney-In-Fact
Number Of Pages
¨
Trustee(s)
¨
Guardian/Conservator
¨
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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A-1
EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services:
A.
B.
C.
D.
II. As part of the Services, Service Provider will prepare and deliver the following
tangible work products to the City:
A.
B.
C.
D.
III. During performance of the Services, Service Provider will keep the City
appraised of the status of performance by delivering the following status reports:
A.
B.
C.
D.
IV. The tangible work products and status reports will be delivered to the City
pursuant to the following schedule:
A.
B.
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A-2
C.
D.
V. Service Provider will utilize the following personnel to accomplish the
Services:
A.
B.
C.
D.
VI. Service Provider will utilize the following subcontractors to accomplish the
Services:
A.
B.
C.
D.
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B-1
EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the
Services:
A. [job] [hourly rate]
B. [job] [hourly rate]
C. [job] [hourly rate]
D. [job] [hourly rate]
E. [job] [hourly rate]
II. Service Provider may utilize subcontractors as indicated in this Agreement.
The hourly rate for any subcontractor is not to exceed $_______ per hour without
written authorization from the City Manager or his designee.
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C-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents, representatives or employees. Insurance is to be placed with insurers with a
current A.M. Best's rating is an assigned policyholders’ Rating of A (or higher) and
Financial Size Category Class VII (or larger).
Only the following “marked” requirements are applicable and Service Provider shall
provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
__X_ Commercial General Liability. Insurance Services Office form Commercial
General Liability coverage (Occurrence Form CG 0001).
__X_ Automobile Liability. Service provider shall maintain automobile insurance at
least as board as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Service Provider arising out of or in
connection with work to be performed under this Agreement, including coverage
for any owned, hired, non-owned or rented vehicles.
__X_ Workers’ Compensation. Workers' Compensation Insurance (Statutory Limits)
and Employer’s Liability Insurance as required by the Labor Code of State of
California covering all persons providing Services on behalf of the Service
Provider and all risks to such persons under this Agreement.
____ Professional (Errors and Omissions) Liability. Professional liability insurance
appropriate to the Service Provider’s profession. This coverage may be written
on a “claims made” basis, and must include coverage for contractual liability.
The insurance must be maintained for at least three (3) consecutive years
following the completion of Service Provider’s services or the termination of this
Agreement. During this additional three (3) year period, Service Provider shall
annually and upon request of the City submit written evidence of this continuous
coverage.
Service Provider shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement. Any policy
inception date, continuity date, or retroactive date must be before the effective
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C-2
date of this agreement and Service Provider agrees to maintain continuous
coverage through a period of no less than three years after completion of the
services required by this agreement.
1. Minimum Limits of Insurance. Service Provider shall maintain limits
of insurance no less than:
(1) Commercial General Liability. $1,000,000 per occurrence,
$2,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability. No less than $1,000,000 combined
single limit for each accident.
(3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $1,000,000 per
occurrence and Employer’s Liability Insurance with limits of at least $1,000,000.
(4) Professional Liability. $1,000,000 per claim and in the
aggregate.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement
shall be endorsed and state the coverage shall not be suspended, voided, cancelled by
the insurer or either Party to this Agreement, reduced in coverage or in limits except
after 30 days' prior written notice by certified mail, return receipt requested, has been
given to City.
2. Commercial General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers,
officials, and employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers, officials, or employees.
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C-3
(2) Service Provider’s insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
(3) Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the
exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher
limits than the minimums shown above, the Agency requires and shall be entitled to
coverage for the higher limits maintained by the Vendor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the Agency.
(4) Coverage provided by the CONTRACTOR shall be primary
and any insurance or self-insurance or maintained by Agency shall not be required to
contribute to it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of Agency before the
Agency’s own insurance or self-insurance shall be called upon to protect is as a named
insured.
(5) Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to satisfy
City that the insurance provisions of this contract have been complied with. The City
may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit “C”. The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
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C-4
1. Service Provider shall furnish certificates and endorsements from
each subcontractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider’s liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
ATTACHMENT "B"
TEMPLE CITY DIAL-A-RIDE SERVICE
PL
AN
The City of Temple City currently operates a Dial-A-Ride program for Temple City residents, and
residents of certain unincorporated county areas adjacent to Temple City, who are 60 years and
older, or persons of any age who are disabled. Transportation is provided throughout Temple City
for any purpose. Service is also available to Arcadia, El Monte, Rosemead and San Gabriel for
doctor appointments, hospital, government and daycare facilities, convalescent homes, churches
only as well as the Westfield Shopping Town, CVS Pharmacy in Arcadia, Home Depot and
shopping center in El Monte, MTA substation in El Monte, and other select locations outside of
Temple City. Arrangements for transportation are recommended 72 hours in advance. On-
demand requests may be accommodated, but cannot be guaranteed.
Ridership
•
350 members
•
831 passengers per month (average)
•
8,856 trips per year (approximately)
Current Transportation Service Hours:
Monday – Friday 7:00 a.m. – 8:00 p.m.
Saturday 7:00 a.m. – 5:00 p.m.
Sunday 7:00 a.m. - 5:00 p.m.
Holidays* 9:00 a.m. - 5:00 p.m.
* New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day
Current Transportation Service (based on 3 vehicles):
Monday – Friday:
1 vehicle 700 a.m. – 2:00 p.m. 7 hours
1 vehicle 8:00 a.m.– 6:00 p.m. 10 hours
1 vehicle 10:00 a.m. – 8:00 p.m. 10 hours
Total Daily Hrs. 27 x 5 days = 135 h
rs.
Saturdays:
1 vehicle 7:00 a.m. – 5:00 p.m. 10 hours
Total Daily Hrs. 10 x 1 day = 10
hrs.
Sundays:
1 vehicle 7:00 a.m. – 5:00 p.m. 10 hours
Total Daily Hrs. 10 x 1 day = 10
hrs.
Total Weekly Vehicle Hrs.
155
Weekly Vehicle Hrs. x 52 Weeks
8,060
Annual Vehicle Hours
8,060
