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CONTRACT 3539 Other CLOSED3539 • . TRANSIT SERVICE OPERATION AGREEMENT RECITALS This Agreement is between the City of El Segundo and the City of Redondo Beach/Beach Cities Transit (BCT). WHEREAS, LACMTA has operated transit service on Line 439; and, WHEREAS, Line 439 has been discontinued by LACMTA and is more appropriately operated and planned by the local communities it serves; and, WHEREAS, on September 9, 2005, the South Bay Service Sector Governance Council voted to cancel the southern segment of Line 439; and, WHEREAS, City of El Segundo has agreed to fund Beach Cities Transit for the partial cost of operating the service; THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. TERM This Agreement shall be effective on July 1, 2006, or as soon as the Agreement is executed by all parties, and shall have a two (2) year term culminating on June 30, 2008. 2. SERVICE DESCRIPTION A. Beach Cities Transit shall incorporate replacement sery ice for the MTA Line 439 into its fixed route transportation system. MTA Line 439 replacement service BCT Line #109 shall be incorporated into the Beach Cities Transit fixed route transportation system consistent with the map shown in Attachment A, which is attached hereto and by this reference incorporated herein ( "Line 109" or the "Service. "). B. BCT shall operate Line #109 on the days of the week, spread of service, and frequencies of service equal to or better, than that which was operated by LACMTA Transit as Line 439. The service on Line 439 that is in effect on December 31, 2005 is shown as Attachment B, which is attached hereto and by this reference incorporated herein. C. Beach Cities Transit may adjust the route and schedule of Line 109; however, any changes or reductions to the Service in excess of 10% shall be brought to the City of El Segundo for review and comment prior to implementation. D. BCT reserves its rights, at its sole discretion, to enter into contracts for Line #109 service with any other provider of its choice at any time without City of El Segundo approval. 0 3. PASSENGER FARES BCT may charge fares for the service consistent with their existing fixed -route service. BCT will accept interagency transfers with adjacent Transit operators and participate in the EZ Pass Program. 4. FUNDING A. For costs associated with the operation of Line #109, the City of El Segundo shall pay the City of Redondo Beach in accordance with this Section IV. The City of El Segundo shall not pay BCT for capital costs nor shall the City of El Segundo provide equipment to operate the Service. B. Funding shall be $128,706 per year for each year of the contract term. D. BCT shall retain all farebox revenues. E. BCT is responsible for all marketing and promotion of the service. Notwithstanding the foregoing, the City of El Segundo may advertise at its sole expense, but any reference to Beach Cities Transit must be approved in writing by the City of Redondo Beach prior to such reference. Only the Beach Cities Transit logo may be used to: advertise or market the service. 5. REPORTING/INVOICING A. BCT shall report to the City of El Segundo on a quarterly basis, all of the following data for the Line #109 service: • passengers carried • revenue hours operated • revenue miles operated • total operating costs B. BCT shall submit said report to the El Segundo City Manager in writing within fifteen (15) days after the end of each report quarter. C. BCT shall submit quarterly invoices and reporting requirement to the El Segundo City Manager and City of El Segundo shall pay to BCT on a quarterly basis 1 /4I' of the annual funds to be provided. City of El Segundo shall pay BCT within thirty (30) days of receipt of each quarterly report from BCT. First payment shall be due on November 30, 2006, representing payment for July 1, 2006, through September 30, 2006. D. BCT shall incorporate Line 4109 data into its NTD report for the entire Beach Cities Transit fixed route transportation system. E. City of El Segundo retains the right to audit the BCT's records of Line #109 service, and may periodically monitor the service. 2 6. INSPECTION OF RECORDS A. BCT records relevant to this Agreement shall be available for inspection by City of El Segundo at all reasonable times for a period of at least three (3) years for each year or after the termination date, whichever comes first. 7. NON - DISCRIMINATION No person shall on the grounds of race, color, religion, national origin, ancestry, age, sex, physical or mental disability, be excluded from participation in, or be subject to discrimination in the operation of the Line 109 service. 8. COORDINATION A. BCT shall coordinate their services, to the extent practical, so that passengers transferring between transit operators will have minimal waiting times. This coordination will require transit agencies to communicate with each other as many weeks as possible in advance of any planned schedule change to these services that may affect passenger transfers. B. The El Segundo Project Manager for this project shall be the City Manager or her/his designee. BCT coordinator for this project shall be the Beach Cities Transit Manager 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 of any subsequent breach of that same of any other provision. 10. NOTICES A. All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows: (1) Personal delivery. When personally delivered to the recipient: notice is effective on delivery. (2) First Class mail. When mailed first class to the last address of the recipient known to the party giving notice: notice is effective three mail delivery days after deposit in an United States Postal Service office or mailbox. (3) Certified mail. When mailed certified mail, return receipt requested: notice is effective on receipt, if delivery is confirmed by a return receipt. (4) Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account: 3 b , ,j notice is effective on delivery, if delivery is confirmed by the delivery service. (5) Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice: notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a non - business day. Addresses for purpose of giving notice are as follows: Beach Cities Transit: City of Redondo Beach Ms. Terisa Price Transit Manager Attention: Line 109 415 Diamond St. Redondo Beach, CA 90277 -2836 Fax Number: 310- 372 -8021 City of El Se undo: El Segundo Jeffrey Stewart City Manager Attention: Line 109 350 Main Street El Segundo, CA 90245 Fax Number: 310 - 322 -7137 With a copy to: City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245 Fax Number: 310- B. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service. C. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement. 4 11. SEVERABILITY document required Should any part, term or provision of this Agreement or any q herein to be executed be declared invalid, void or enforceable, all full force and effect and shall in no way terms and provisions hereof shall remain be invalidated, impaired or affected thereby. 12. INTEGRATION• AMENDMENT This Agreement represents the entire understanding of the City of El Segundo and Beach Cities Transit as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties. 13. INTERPRETATION The terms of this Agreement should be 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 or any other rule 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 will be in Los Angeles County, California. 15. COMPLIANCE WITH STATUTES AND REGULATIONS Beach Cities Transit will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. 16. NON - LIABILITY OF THE CITY OF EL SEGUNDO OFFICERS AND EMPLOYEES No officer or employee of either City will be personally liable to the other, in the event of any default or breach thereunder. 17. INDEMNIFICATION Redondo Beach hereby agrees to defend, protect, indemnify and hold harmless El Segundo, its officers, employees, elected officials and members of boards and commissions from and against any and all loss, damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, attorney's fees and judgments arising directly or indirectly from or in any manner related to or in connection with or caused by the performance or failure of Redondo Beach, its agents, servants or employees to perform the services required of Redondo Beach employees under the terms of this Agreement. El Segundo hereby agrees to defend, protect, indemnify and hold harmless Redondo Beach, its officers, employees, elected officials and members of boards and commissions from and against any and all loss, damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, attorney's fees and judgments arising directly or indirectly from or in any manner related to or in connection with or caused by the performance or failure of El Segundo, its agents, servants or employees to perform the services required of El Segundo City employees under the terms of this Agreement 0 BEP f BY: DA' IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. APPROVED AS TO FORM: A, of the original consisting rauugh!° v7, EST le of ire City Of UT/ eett+st r-'ali CITY OF EL SEGUNDO DATE APPROVED AS TO FORM: BY: City A ttorney ATTEST: City Clerk 7 - Line 109 "NO dia TN rasrtH lit IN ►ER4L N= TO 'q 114 AIRPORT El "UMCIPM ...... 3 L ila N Attachment B: MTA Line 43g Schedule Northbound to Los Angeles jkppipwWwk Tinwol Southbound to Redondo Beach O#poWmkTimW w 3539 Northbound to Los Angeles i4PmKjN%w 7imtsl ar i3 eg M N A d1 A 6:06A 61 6155 7101 7106 7113 7350 7356 8101 9309 8145 8152 else 9306 9140 9147 9353 10201 10160 90144 10353 11301 11100 11t" 11353 12302P 12140P 123661" 121531" 1102 I U53 102 2153 2 21<6 3 x48 402 3346 3116 3353 4102 4150 4157 53% 5313 5155 6102 6109 4116 7100 7307 7113 7121 8108 8105 9011 9118 t 7122 8119 9116 10113 11113 12114P 1115 2315 345 4113 d12M9 7331 1 6338 A ttUA 7134 8332 10,49 11127 121228 1328 3448 4326 6:G1 6139 Southbound to Redondo BeachtApt— ilalaTww ba AMA 7A2 151 6140 8149 9,39 9448 10336 10444& 71336 1 11346 12137P 12147P 1137 1148 2137 2448 3137 3148 4334 4344 6149 4165 7152 6401 847 — b. it 8152 1p�9 11349 123501" 1351 91515'11 4147 7402 8304 — sl 8114 9103A 902 10102 41111 11300 11309 11159 7209P 210021" 2111 3103 3112 4103 4112 4059 5108 4&:23 a" fw C36 13 8328 8w40 9,28 '➢140 10127 10339 11327 11340 124271" 12ACP 12499 2102 3130 3143 4130 1.343 5326 5339 4&337 6160 7139 7152 8136 646 7330 7AZ 7359 9x70 911031 9152 10320 10134 10,52 11320 11134 1152 12,20P 12t34P 12154P 2& WO 244 3 :20 3334 3454 4320 4,34 4154 5120 5134 5154 6320 4933 6152 7a20 7333 7152 Special Notes Av sos especiates a Originates at Grand and standard one minute before © Sear4 na par C - and y Stanford kin mnutpantesdetahara time shown. mostrada. NOTE - Service to the Kenneth Hahn State Recreation Area NOTA - Servicio al t(ennefh Nah.o State RocreationArea opera tos operates on Saturday, Sunday and Holidays only. sabados, donungos y digs fariados solarnente: Early morning and late night service adjustments Ajustes temprana par fa mahana y par la noche a tads el servicic. on alt services. It 10 3b- Holiday Schedule Horar os on Jos Bias ferlados Saturday, Sunday & Holiday schedulewill operate on Los horarios de sabado, domingos ydlas /estivos Saran on New Year's Day, Memorial Day, independence Day. Now years Day, Mammorfaf Day, Independence Day, Labor -Day, Labor Day, Thanksgiving Day and Christmas Day. Thanksgiving Dayy Christmas tlay Passel er m sEriccions NORTHBOUND Line 439 Express Service- from PalosVetdes & Via Valencia to W.LA. Transit Center, passengers may board and alightatallstops From W,L.A Transit Center to Olive &Venice buses operate non -stop via Santa Monica Fwy. From Olive &Veniceto north terminal, passengers may board and alight at all stops shown on the downtown inset map. SOUT44BOUND Line 439 Express Service- from north terminal to Grand & Venice, passengers may board and alight at From Grand & Venice buses will operate non -stop via Santa all stops shown on the downtown inset map. Monica Fwy. to W.LA. Transit Center. From W.LA. Transit Cemerto south terminal passengers mayboard and ali ht at all stops. 11