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
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Agreement No. 6084
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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%