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CONTRACT 6084 Other CLOSEDAgreement No. 6084 Tfils is certified to be as true andcorrec,t copy of the originat on file in this (office, cons�stjing of pages ' , _ th 0U, DATED, NTTE City CIGrk of the City of , e. - on BOMPIGI-1, State of GaHfornia TRANSITSERVICE OPERATION A(Y'REEMENT BETWEENTHE CITY OF REDONDO BEM"" AND THE' (TUY OF EL SEGUNDO THIS OPY'RATION AGRFT-MENT(this "Agreement") is entered into by and between the City of* Rtedondo Beach ("Redondo Beach"). on behalf of Beach Cities Transit ('13CT"), which is division of*Redondo Beach. and (lie CiLIVOIA,-3 SegUlldo (1,"'I Segundo"). RECITALS A. WHERE.AS, purskjant to Government Code section 4981, the legislative body of any local a geney (here, EI Segundo) may contract with another local agency (here, Redondo Beach) for the pertbri-nance ot'jilunicipal seti,ices or 1"unctions Nvilhin the territory of the former. B. WHEREAS, On JLIIN• 1, 2006, Kedundo Beachand I Segundo entered into that certain Transit Service Operation Agreement to enable BCT Line 109 as described in Attachment A to take over public transportation services ror the discontinued LACNITA Line 439 for as two j 2) year terns. C. MIEREAS, Rcdondo Beach and Ed Segundo Subsequently entered into new agreements relating to Line 109 in 2008. 2010, 20 11, 2012, 2013, 2015. 2017, 2019 and 2020 (the "2021) Agreement"), 1). WHEREAS. the 2020 Agreement expires on June30, 2021, and the. partiesticsire to enter into a new agreement on the terms and conditions set forth below. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINE.1) HEREIIN, THE PARTIES AGREE AS FOLLOWS: TERM This Agreenicnishall beeffective asof.July 1, 202Iand shall have asane (I)year terra expiring on June 30,, 2022. El Segundo acknf.mdedges that an agreement in similar Form to this Agreement or an amendnient Tilay be negs)tiated for continued Line 109 service beyond Julie 30, 2022. In the event El Seoundo intends to renew this Agreement, El Segundo sharp notify Redondo Beach cal' its intent to renew at least 182 days prior to tile expiration of'this terni. SERVICE DES;CRIPTION A. Redondo Beach shall operate Line 109 consistent with the rnaps shown its attached Attachment A. vvhich is incorporated by reference ("Line 109" or the "Set -vice"). B. Redondo Beach shall operate Line 109 on the days of tile week; service tinies and days, and frequencies of service eqLMI 10 or better than that which was operated by 13CT Agreement No. 6084 immediately before the effective (late of this Agreement. The current service schedule for Line 109 is illustrated in attached Attachment B, which is incorporated by reference, C, Redondo Beach may adjust the route and schedule of Line 109; however, any changes or reductions to the Service in excess of 10% of service hours shall be brougbt to El Segundo in writing for review and coninient prior to implementation. 1). Redondo Beach may, in its sole discretion, enter into contracts for Line 109 service with any other provider of its choice at any time without the approval of El Segundo. Redondo Beach shal I be responsible for any and all aspects of administration of the service contract, and shall assure that the contract includes provisions, pertaining to insurance, age, maintenance and operation of vehicles, driver qualifications arid other similar provisions typical ofan agreement of that kind l", Redondo Beach shall base the percentage of cost flier Line 109 on the route service mile calculations, as illustrated it) the attached Attachment C. 3. PASSENGER FARES Redondo Beach may charge flares for the Service consistent with its existing fixed -route service as described in Attachment A. Redondo Beadi will accept interagency transfers with adjacent transit operators and participate in the EZ Pass Pro rare. Redondo Beach shall retain all farebox revenues. BCT Line 109 passenger fare revenues shall be, used to offset operation expenses, 4. FUNDING A. El Segundo shall pay Redondo 13cach for costs in associated with operating Line 109 in accordance with this Section. El Segundo shall not pay Redondo Beach for capital costs nor shall F'I Segundo provide any equipment to operate the Service. B. FY 2021-22: Operations Funding trorn El Segundo shall be SO fear fiscal year 2021-2022, In the event Redondo Beach incurs as shorifiall in funding, El Segundo's. funding contribution will be based on the IlUrnbcr of miles of the BCT Line 109 route (as described in Attachment C) within El Segundo's boundaries and other cities' Line 109 route miles will not factor into F1 Segundos funding contribution. A shortfall occurs \vhen the (1) the estimated costs exceed the (2) estimated operating reVCIIUCS for The respective fiscal year. The estimated costs shall be based on (1) the prior year',,, Line 109 service hours 11101tiplied by the applicable service hour rates plus (2) the prior year's fuel costs plus an estimated CPI increase plus (3) estimated costs for RTI systerns. The estimated revenues shall be based on the I.Acm,m funding formula and the prior riscal year's fire revenues for Line 109,. Operating expenses are incorporated in the service hour rates and include without lirnitation,driver wages, general administration and overhead,, and maintenance costs. Real Time Information ("RTI") Systems operating, expenses include without limitation, capital cquipmeni, passenger/administration interface programs, cellular arid internet hosting of RTI services and report management programs. Agreement No. 6084 C Redondo Beach is responsible for all marketing and promotion of the Service, I lowever, El Segundo may advertisc the Service at its sole expense in community newsletters and recreational brochures, at its sole expense, El Scgundo may also advertise the Service at its sole expense in other mediums, but any reference to BCT in such advertising must be approved in writing by Redondo Beach. The BCT logo cannot be used without Redondo Beach's prior approval. D. On at least a quarterly basis, BCT will inect with F[ Segundo to develop additional marketing strategies directed towards increasingBCI-ine 109 ridership. El Segundo shall provide assistance for public outreach and inforination to target EI Segundo residents and non-resident community members. 5. REPORTINGANVOICING, A. Redondo Beach shall report to EI Segundo on as quarterly hasis, all of the following data for the Line 109 Service: (1) Passengers carried (2) Revenue hours operated (3) Revenue miles operated (4) Total operating costs, including service operating expenses and RTI capital and operating expenses 13. Redondo Beach shall submit said report to Ed Segundo in writing within fifteen (15) days after the end of each reporting quarter. C. Redondo Beach shall submit quarterly reports to El Segundo. 1). Redondo Beach sliall incorporate Line 109 data into its Fcdcral Transit Adininistration's National Transit Data (NTD) annual report for the entire BC 1` fixed route transportation system, Redondo Beach shall provide to 1,11 Segundo annual YrD random sampling data which provides the statistics to estimate the number of passengerg boarding and alighting by stop in 1:l Segundo, and the total estimated El Segundo pa5scrigers. Redondo Beach shall be responsible for any and all aspects of administration of the service contract, and shall include provisions per(aining to insurance. E. F] Segundo retains the right to audit the BCT's record- of Line 109 Service, and to periodically monitor the Service. F, Redondo Beach shall schedule quarterly joint rnectings with the partnering cities of El Segundo, Hermosa Beach, and Manhattan Beach. Redondo Beach will provide a quarterly update of Line 109 sen,ices, and discuss coordinated marketing, and public outreach efforts and operating and financing issues that affect BCT services. 6. INSPECTION OF RECORDS 13CT records relevant to this Agreement shall be available for inspection by El Segundo at all reasonable tinics, for a period of at least three (3) years for each year or after the termination date, Muclicver conics first. Agreement No. 6084 No person shall on (lie grounds of race, color, religion, national origin, ancestry, age, sex, physical or mental disability, be excluded from participation in, or be subject to discriminatioll in the operation of the Li lie 109 Service. 8. COORDINAIJON A. Redondo Beach shall coordinate its BCT services, to the extent practical, so that passengers transferring between transit operators will have minitlial waiting tunes. This coordination will require transit agencies, to communicate wilh cacti other as many weeks as possible if] advance of any planned schedule change to the services that mayiffect passenger transfers, B. TlicElSegtjfidt)project Ma,iiagerl*orthis l)rojec(slialibeilieRecreatiot);anal larks Direct(.)r, or designee. BCT Coordinator for this protect shall be tile Community Services Director or his/her designee. 9. WAIVER OF BREACH The waiver of each party of any breach of any provision of this Agreement shall not operate or, be construed as a waiver ofany subsequent breach of that saitie or any Wier provision. 10. NOTICES A. All notices, requests, demands, or other communications under this Agreement shall he in writing. Notice shall be given as follows: (1) Personal Delivery. Personally delivered to the recipient. Notice is effective on delivery. First Class Mail. FITil class to the last address of` the recipient known to the party giving notice. Notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox. (1) ("'ertified Mail. Certified rnail with return receipt requested. Notice is effective on receipt, if delivery is confirined by a return receipt. (4) Overnight Delivery. Delivered by an overnight delivery service, charges prepaid or charged to the sender's account. Notice is effective on delivery, ifdclivery is confirt-nod by the delivery service, (5) FacsimileTransmission. Sent by fax to (lie last fax number of the recipient known to tile partly giving, notice. Notice is effective upon receipt. Ally, notice given by flax shall be deemed received on the next business (lay if it is received after 5:00 p.m. (recipient's firne) or on as non -business day. Find. Sent by cillail to (lie last ernail address of tile recipient known to the party giving notice. Notice is effective upon receipt. Any notice given by email shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on as non -business day. Addresses for purpose of giving notice shall be as follows: 4 Agreement No. 6084 Beach Cities TrPtIs''41:1 City of Redondo Beach 'I ransit Operations andTransportation Facilities Manager Attention: Line 109 1922 Artesia Rlvd- Redondo Beach, CA 90278 Ernail: joyce.rooney(i rcdondo.org Fax Number: 310-798-8273 With a copy to: City of Redondo Beach The City Clerk's Office 415 Diartiond Street Redondo Beach, CA 902,77-2836 Ernail: cit cY—ler L&r doqOp7,pTg ... ...... Fax Number'. 310- 374-0220 City of El Segundo Recrcation and ['arks Director Attention: Line 109 350 Main Street F"I Segundo, CA 90245-38 13 Fuiail: pip Wti.( .. Li�� !,5,g g,ap4qprg With a copy loCity of F"I Segundo City Clerk 3'10 Main Street El Segundo, CA 90245-3813 F,ix Nurnbcr° 3 10-615-0529 13. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, shall be deemed effective as of the first date the notice was refused, unclairned or deemed undeliverable by the postal authorities, messenger or overnight delivery service. C. [:ither party may change its address, fax number, or email by giving the other party written notice ofthe chunge, 11. SEVERABILITY Should any part, teril'i or provision of this Agreement or any doCLIMCI)t required hcrcin to be executed be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. Agreement No. 6084 12, INTEGILMON, AMENDMENT '['his Agreement represents the entire understanding of El Segundo and Redondo Beach as to those matters contained in it. No prior oral or written understanding shall be of any force or effizct with respect to the terms- of this Agreement. The Agreement may riot be niodificd or altered except by written arnendirient executed by both parties. 13. INTERPRETATION , I'bc terms of this Agreement should he construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement car any other nfle of construction that might otherwise apply. 14. GOVERNING LAW; JURISDICTION This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement Nvill be in Los Angeles County, California. 1.5. COMPLIANCE WITH s,rATUTI?S AND REGULATIONS BCT will be kjiowledgcablc of and will cornply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. 16, NON -LIABILITY OF CITIES No officer or employee of either city shall be personally liable to the other, in the event of any default or breach thereunder. 17. INDEMNIFICATION Tach party hereby agrees to defend, protect, indemnify and hold harmless the other party, its officers, employees, volunteers, agent,., elected and appointed officials-, ind members of boards and commissions from and against any and all loss, damages, costs, expenses, liabilities, clainis, demands, cairses of action, proccedings, and judgmerits, including reasonable attorney's tees, expert fees and costs ofstnt arising directly or indirectly from or in any manner related to or in connection with or caused by the performance or failure of the party, its agents, servants or employces to perform the services required of the party's employees under (fie terins of this Agreement, 18. AUTHORITY Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into an(] execute this Agreement on behalfof each respective party, [SIONATURES ON FOLLOWING PAGE] M Agreement No. 6084 IN wrrNF'SS WHERF"Ol", the parties have executed this Agreement. gas of this .3— day. of 12021, CITY OF 1U."DONDO BF'ACI I CITY OFEL SEGUNDO By: William G Brand, Mayor APPROVI'D AS TO F,ORM Michael W. Webb. City Attorney ATTEST: 9"(,am t4at� Ellearior Manzano, Ci(��Idcrk By� APPROVED AS TO FORM: --V— ---.-Fa6L Mark 1). 1 ttorney ATTEST: Tracy Weaver, City Clerk Agreement No. 6084 Attachment A., Line 109 Map 4L 9 OMDAW F 1,4 EL SEGUNDO Own amaNwAw . ..... ..... MANHATTAN BEACH Loop HERMOSA BEACH P-0 ej "'s., l op"wr REDONDO c BEACH""r r,xb 01.0 TORRANCE . .... ........ PAI= VERDES E"ATU K, Agreement No. 6084 Attachment 11: IiCl' Line 109 Time Schedule 0131,0V 90=4 M. t, fx) I a 6 28 6 4d 6 1:14 103 7 13 6 30 6 47 658 712 7 P 3 733 743 7 25 7 , 42 7 53 807 8 19 A 28 8 ?8 8 10 2 27 8 38 852 901 9 17 927 H'50 1; 0/ 918 4, 32 947 9.57 i(D,w 9 3 5 952 7(1 03 1017 1032 1042 1052 10 25 1C) 42 1053 11 07 11:22 71 32 )1 42 11 10 11.17 1 1:38 11 52 12;07 12.17 12.27 11 50 12-07 12:18 12.W 12:47 12:57 1:07 12:3S 12.S2 1.03 1.17 1:32 IA2 I:S2 I -A 5 2-,02 2:13 2.27 2.42 2:52 3.02 2:30 2.47 248 312 3.27 3:37 3:47 2.10 3:27 3A8 3:52 k 0 7 417 427 3-.5S 412 4.-23 4;37 4:S2 5:02 512 4-A5 S:02 5.13 5;27 5:42 5.-52 6-02 5.310 SA7 1 S.S8 6-12 6,27 4; 37 6t47 10 6;2 7 29 6:52 idi 1--1 i 4-27 655 7A2 7-23 7:37 7;52 8:02 13:12 7:45 8:02 8.13 9:27 8:42 8:52 9:02 8'10 8-47 8-.S8 912 9-.27 9!27 9A7 AM ipm 48� V V e �'v !e' All ;7 0 1b 'c %, all Z) d' () -�y 0 jP �z e cl -A 4 6 0 33 6 41 702 712 7 22 7 05 7 Z2 IA3 7 47 8.02 812 822 8 $5 8 32 9.43 8 57 CO, *' 9,72 9 32 9 10,27 'r 38 9 52 10.07 10 17 M 27 10 10 10 27 027 038 1 () 52 1 107 11 17 11 2/ 11 15 I 1 3? 11 45 11 5; 12-12 12-22 12.32 1210 12:27 12.,38 1242 1.07 1:17 1:27 110 1:27 1.38 I-S2 2.07 217 2:27 2:3S 2--62 3;03 3:17 2:32 3:42 3;52 3:30 3:47 3:S8 4.12 4-.27 4:37 4:47 4:30 4.47 4:50 S:12 S.27 S-37 5.47 &35 S42 6.03 6:17 6.32 6:42 6.52 6;30 6-.47 6;56 7.12 7:27 7.37 7.47 7c30 7;47 7.59 8.12 8.27 2,37 SA7 add 647 9;S9 - 9.12 9: . 27 9.37 9:47 SOUTH SOUND LAX Bus Center to ow 1 0 Redondo Beach qMM Riviera Village b 55 07 4, 21 6 39 &51 7,N3 7 15 6,40 6-52 � 06 7 24 ? 36 745 8.00 ) W 7 Q 1 46 8,04 8 16 6 25 040 805 a 17 a 31 849 901 9,10 9-215 855 907 921 939 9 51 10.0(,7 10 15 940 952 10,06 1024 10,36 WA 1100 1020 1032 10-16 11 04 11 16 11 25 1140 1105 11 11 1131 1149 12.01 12.10 12.25 12-15 12.27 12;41 12;59 1.111 1:20 1:35 1;00 1:12 1-26 1:44 11:56 2.OS 2:20 1:40 1:S2 2:06 2:24 2.36 Z-45 3--00 2;25 2:37 2-S1 309 121 130 3:45 3.15 3:27 3�41 3�0 411 4.2 , 0 4:2S 4!00 4.12 4:24 4:" 4:56 5:05 5-20 4.40 4:S2 5;06 5.24 "- S:4S 6-00 5-25 5,37 S-51 6-09 6;21 6-30, 6AS 615 6;27 6:41 6-59 711 7,20 7;36 7:00 - -- 7-12, .. . ... ..... 7s26 7.44 7Z6 8.05 8:20 7.40 7,.62 B." 8.24 2-36 8.45 9-00 9,25 'MPS 0.37 Mi 9:09 - '*"-'"'-'-"" 9:21, 19-30 A - 5W* - - -9.4s "-"- V V 0 P P -Arw b V T V 4V q -r 6:11S el 57 7:11 729 741 750 a OS 7,40 7 52 8XIA A, 24 8 36 8 4.) 900 840 8 52 906 9 24 9 36 9 4S 10,00 1) 45 95/ 1011 10 Z9 1041 1 bSO 11.15 10,40 TO 52 1106 1124 11 U 1145 12:00 11:40 11-52 12.06 12.24 12:36 12:45 11-,00 1t()S 1:17 1r31 1A9 2.01 2.110 2.25 2:00 2.12 2-26 2:" 2:56 3-,05 3:20 3:00 3.12 126 3:44 3.S6 4.0S 4:20 4.05 4.17 4;31 4-A9 5-01 S:10 S45 5,00 612 S.-26 5-44 S-56 6:05 610 6.-00 612 6:26 6:44 6:S6 7.0S 7:20 7.OS 7-17 7:31 7.49 RvOl 810 0:2S 6:00 812 8-26 8:44 8-56 9-.OS 9:20 9,55 9.07 911, 9.39 9:51 10.00 10:15 AM PM Rc, rd"'e% "ut w, I h3-A sq vxv) Day, Chi,, Ono s Day'l-ld N-& Yest & Ddy. Seot ... d Y� a; o ,,,pvrdtf"'j 41' Nermo"O� Day, Dq Li�abur Day zrld vetv'an� DAIV EFFECTIVE JANUARY 2018 310.802.7686 (M Redondo Booth City Hall 424.212.429'9 'Oj' aCTQr&d*hdomrq 415 D,amond 5r �i� I& 9 Agreement No. 6084 Attachnient C Beach Cities Transit Line 109 Route ScrATivc NUN Calculations by City Houte Miles I Mile's S13 Miles A verage Aflocaflon Miles Per a Fornoula A Redondo Buach & LosAngeles .. . ......... ............. . .... 53 6.9 6.1 34.95,,'� -1111-11,11, - - - - ------- . Flenilosa Beaull 1) L6 1,90 10,89010, Manhati.an Beadj 3), 4 12 2.8 16 05'1"6 . ...... . . . .... . . El Seg�qjdo . .. ........... .... . .. . ...... . .... 7.7 . .. . ..... . . 1 5.6 . ..... .. 6. 38.11 1116 . . ....... ...... . .......... . ................. Total Miles ......... ......... . . ..... . ....... ... . 18.6 163 1 Z45 100.00n%