CONTRACT 5334 Other CLOSED Agreement No. 5334
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TRANSIT SERVICE OPERATION AGREEMENT Beach,State of Calorrtia
BETWEEN THE CITY OF REDONDO BEACH AND
THE CITY OF EL SEGUNDO
TI-IIS TRANSIT SERVICE OPERATION AGREEMENT (this "Agreement") is entered into by
and between the City of Redondo Beach ("Redondo Beach"), on behalf of Beach Cities Transit
("RCT"), which is a division of Redondo Beach, and the City of El Segundo ("El Segundo"),
RECITALS
A. WHEREAS, pursuant to Government Code section 54981, the legislative body of any local
agency (here, EI Segundo) may contract with another local agency (here, Redondo Beach) for
the performance of municipal services or functions within the territory of the former.
B. WHEREAS,on July 1,2006,Redondo Beach and El 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 for the discontinued LACMTA Line 439 for a two (2) year
term.
C. WHEREAS, Redondo Beach and El Segundo subsequently entered into new agreements
relating to Line 109 in 2008, 2010, 2011,2012, 2013, and 2015 (the "2015 Agreement").
D. WHEREAS,the 2015 Agreement expires on June 30,2017,and the parties desire to enter into
a new agreement on the terms and conditions set forth below.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN,THE PARTIES AGREE AS FOLLOWS:
1. TERM
This Agreement shall be effective as of July 1,2017,and shall have a two(2)year term expiring
on June 30, 2019. El Segundo acknowledges that an agreement in similar farm to this
Agreement or an amendment may be negotiated for continued Line 109 service beyond June
30, 2019. In the event El Segundo intends to renew this Agreement, EI Segundo shall notify
Redondo Beach of its intent to renew at least 182 days prior to the expiration of this term.
2. S1 RN11t`.*E 1)ESCR1l11"lON
A. Redondo Beach shall operate Line 109 consistent with the maps shown in attached
Attachment A, which is incorporated by reference ("Line 109" or the "Service").
B. Redondo Beach shall operate Line 109 on the days of the week; service times and days;
and frequencies of service equal to or better than that which was operated by BCT
immediately before the effective date of this Agreement. The current service schedule for
Line 109 is illustrated in attached Attachment B, which is incorporated by reference.
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Agreement No. 5334
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 brought to EI Segundo
in writing for review and comment prior to implementation.
D. 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 E1 Segundo. Redondo
Beach shall 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 and other similar provisions
typical of an agreement of that kind.
E. Redondo Beach shall base the percentage of cost for Line 109 on the route service mile
calculations, as illustrated in the attached Attachment C.
3. PASSENGER FARES
Redondo Beach may charge fares for the Service consistent with its existing fixed-route service
as described in Attachment A. Redondo Beach will accept interagency transfers with adjacent
transit operators and participate in the EZ Pass Program. Redondo Beach shall retain all
farebox revenues. BCT Line 109 passenger fare revenues shall be used to offset operation
expenses.
4. FUNDING
A. EI Segundo shall pay Redondo Beach 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 EI Segundo provide any equipment to operate the Service.
B. FY 2017-18: Operations Funding from El Segundo shall be $20,551 for fiscal year 2017-
18. The Real Time Information("RTI") Systems funding may be up to$22,866. Therefore,
the total contribution from EI Segundo may be up to $43,417.
FY 2018-19: Operations Funding from EI Segundo shall be increased to a total amount of
$22,606 for fiscal year 2018-19. Said funding may be increased up to 25% to a total
amount of$25,689 provided the following conditions are met.
(1) The estimated Metro Formula Allocation Procedure ("FAP") funding for tiscal year
2019 is less than that of fiscal year 2018 (Redondo Beach will obtain the FAI' in June
of the calendar year.); and
(2) The estimated Line 109 passenger fare revenues for fiscal year 2018 are less than the
passenger fare revenues for fiscal year 2017.
The RTI Systems operations funding for FY 2018-19 shall not exceed 75%of the estimated
RTI expenses for FY 2017-18 which is $17,149. and shall be determined by May 31, 2018
and this Agreement shall be amended to reflect the funding accordingly.
Agreement No. 5334
In no event shall El Segundo's funding obligation under this Section 4B exceed the
foregoing amount(s). In the event actual fiscal year 2017-18 or 2018-19 Line 109 net
operating costs are less than (1)the estimated costs and/or(2)actual net operating revenues
are greater than the estimated revenues for the respective fiscal year, all excess funds
resulting from such decreased costs or increased revenues shall be reconciled and used to
reduce the final 411'quarter invoice amount for the applicable fiscal year. If Line 109 service
is discontinued during the term of this Agreement and the funding amount paid by I:I
Segundo is greater than the actual amount incurred,EI Segundo will be refunded a prorated
amount less Redondo Beach's operating expenses as defined in this section.
Notwithstanding the foregoing, EI Segundo's funding contribution will be based on the
number of miles of the BCT Line 109 route (as described in Attachment C) within EI
Segundo's boundaries and other cities' Line 109 route miles will not factor into El
Segundo's funding contribution.
Operating expenses are incorporated in the service hour rates and include without
limitation,driver wages, general administration and overhead, and maintenance costs. RTI
Systems operating expenses include without limitation, capital equipment,
passenger/administration interface programs, cellular and internet hosting of RTI services
and report management programs.
C. Redondo Beach is responsible for all marketing and promotion of the Service. However,
EI Segundo may advertise the Service at its sole expense in community newsletters and
recreational brochures at its sole expense. El Segundo 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 meet with El Segundo to develop additional
marketing strategies directed towards increasing BCT Line 109 ridership. EI Segundo shall
provide assistance for public outreach and information to target El Segundo residents and
non-resident community members.
5. REPORTING/INVOICING
A. Redondo Beach shall report to EI Segundo on a quarterly basis, 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
B. Redondo Beach shall submit said report to El Segundo in writing within fifteen (15) days
after the end of each reporting quarter.
C. Redondo Beach shall submit quarterly invoices and required reports to E1 Segundo. la
Segundo shall pay Redondo Beach on a quarterly basis 1/0 of the annual funds to be
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Agreement No. 5334
provided. El Segundo shall pay Redondo Beach within thirty (30) days of receipt of each
quarterly report from Redondo Beach. First payment shall be due on November 30. 2017.
representing payment for July 1, 2017, through September 30, 2017.
D. Redondo Beach shall incorporate Line 109 data into its Federal Transit Administration's
National Transit Data (NTD) annual report for the entire BCT fixed route transportation
system. Redondo Beach shall provide to El Segundo annual NTD random sampling data
which provides the statistics to estimate the number of passengers boarding and alighting
by stop in El Segundo, and the total estimated EI Segundo passengers. Redondo Beach
shall be responsible for any and all aspects of administration of the service contract, and
shall include provisions pertaining to insurance.
E. El Segundo retains the right to audit the BCT's records of Line 109 Service, and to
periodically monitor the Service.
F. Redondo Beach shall schedule quarterly joint meetings with the partnering cities of EI
Segundo, Hermosa Beach,and Manhattan Beach. Redondo Beach will provide a quarterly
update of Line 109 services,and discuss coordinated marketing and public outreach efforts
and operating and financing issues that affect BCT services.
6. INSPECTION ()I,' RF,(;ORDS,
BCT records relevant to this Agreement shall be available for inspection by EI 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'-I')IS(:'111 MINATION
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.
S. COORDINATION
A. Redondo Beach shall coordinate its BCT 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 the services that may affect passenger transfers.
B. The El Segundo Project Manager for this project shall be the Recreation and Parks Director,
or designee. BCT coordinator for this project shall be the 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 of any subsequent breach of that same or any other provision.
10. NOTICES
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Agreement No. 5334
A. All notices, requests, demands. or other communications under this Agreement shall be in
writing. Notice shall be given as follows:
(1) Personal Delivery. Personally delivered to the recipient. Notice is
effective on delivery.
(2) First Class Mail. 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 a United States Postal Service office or mailbox.
(3) Certified Mail. Certified mail with return receipt requested. Notice is
effective on receipt, if delivery is confirmed 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,
if delivery is confirmed by the delivery service.
(5) Facsimile Transmission. Sent by fax to the last fax number of the recipient
known to the party giving notice. Notice is effective upon receipt. Any
notice given by fax shall 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.
(6) Email. Sent by email to the last email address of the 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 a non-business day.
Addresses for purpose of giving notice shall be as follows:
Beach Cider..1 rar�alsi,t: City of Redondo Beach
Community Services Director
Attention: Line 109
1922 Artesia Blvd.
Redondo Beach, CA 90278
Email: john.larock@redondo.org
Fax Number: 310-798-8273
With a copy to: City of Redondo Beach
The City Clerk's Office
415 Diamond Street
Redondo Beach, CA 90277-2836
E-mail: cilY °Lel der?r dondo.ot
Fax Number: 310- 374-0220
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Agreement No. 5334
!'J SL.w;2,undo: City of El Segundo
Recreation and Parks Director
Attention: Line 109
350 Main Street
11 Segundo, CA 90245-3813
Ismail: mpe,t,gq,rro�.°s+.:..undo,org
With a copy to: City of E1 Segundo
City Clerk
350 Main Street
EI Segundo, CA 90245-3813
Fax Number: 310-615-0529
B. 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, unclaimed or deemed undeliverable by the postal authorities,
messenger or overnight delivery service.
C. Either party may change its address, fax number, or email by giving the other party written
notice of the change.
11. SEVERABILITY
Should any part, term or provision of this Agreement or any document required herein 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.
12. INTEGRATION; AMENDMENT
This 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
effect with respect to the terms of this Agreement. The Agreement may not be modified or
altered except by written amendment executed 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.
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Agreement No. 5334
15. COMPLIANCE WITH S°I"A`I"I.,1'I"E,S AND ISI^,'X; LATIONS
BCT 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 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
Each party hereby agrees to defend, protect, indemnify and hold harmless the other party, its
officers,employees,volunteers,agents,elected and appointed officials,and members of boards
and commissions from and against any and all loss, damages, costs, expenses, liabilities,
claims, demands, causes of action, proceedings, and judgments, including reasonable
attorney's fees,expert fees and costs of suit 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 employees to perform the services required of the party's employees under the
terms 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 and execute this Agreement on behalf of each respective party.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement No. 5334
IN WITNESS WHEREOF, the parties have executed this Agreement, as of this j5q da of
4-,u o U�__.2017. y
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CITY OF REDONDO BEACH CITY OF EL SEGUNDO
By:�� G �.%" By:
William C. Brand, Mayor 1) Iz aita e Fuentes,
Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:
Michael W. Webb, City Attorney Mark D. Hensley, City Attorney
ATTEST: ATTEST:
EleanorManzano Cit
y ;`" ek Tra6y Wci aver, City Clerk
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Agreement No. 5334
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Agreement No. 5334
Attachment B: BCT Line 109 Time Schedule
EFFECTIVE SEPTEMBER 2014
NORTHBOUND SOUTHBOUND
Redondo Beach toGo LAX City Bus Center
LAX City Bus Center to Redondo Beach
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Agreement No. 5334
Attachment C: BCT Line 109 Route Service Mile Calculations by City
Beach Cities Transit Line 109
Route Service Mile Calculations by City
Revised Route Miles NB Miles % SB Miles %
Redondo Beach 2.4 12.90% 3.1 19.02%
Los Angeles 2.9 15.59% 2.8 17.18%
Hermosa Beach 2.2 11.83% 1.6 9.82%
Manhattan Beach 3.4 18.28% 3.2 19.63%
EL Segundo 7.7 41.40% 5.6 34.36%
Total Miles 18.6 100.00% 16.3 100.00%
Revised Route Miles NB Miles % SB Miles %
y Redondo Beach & Los Angeles 5.3 28.49% 6.9 42.33%
Hermosa Beach 2.2 11.83% 1.6 9.82%
Manhattan Beach 3.4 18.28% 2.2 13.49%
EI Segundo 7.7 41.40% 6.6 34.36%
I; Total Miles 18.6 100.00% 16.3 100.00%
Revised Route Service Miles effective July 2010 (based on service changes effective June 28,
2009
Average Miles Per Citi, n %
Redondo Beach& Los Angeles 6.1 34.95%
p Hermosa Beach 1.90 10.89%
Manhattan Beach 2.8 16.05%
EI Segundo 6.65 a 38.11%
Total Miles 17.45 100.00%
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