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CONTRACT 5710 Other CLOSEDffir, TRANSIT SERVICE OPERATION AGREEMENT BETWEEN THE CITY OF REDONDO BEACH AND THE CITY OF EL SEGUNDO THIS 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 ("BCT"), 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, El 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, 201 1 , 2012, 2013, 2015, and 2017 (the "2017 Agreement"). D. WHEREAS, the 2017 Agreement expires on June 30, 2019, 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, 2019, and shall have a one (1) year ten -n expiring on June 30, 2020. El Segundo acknowledges that an agreement in similar form to this Agreement or an amendment may be negotiated for continued Line 109 set -vice beyond June 30, 2020. In the event El Segundo intends to renew this Agreement, El Segundo shall notify Redondo Beach of its intent to renew at least 182 days prior to the expiration of this term. 2. SERVICE DESCRIPTION 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, �7�� — J/�0 , C. Redondo 0asuh may adjust the route and schedule of Line 109 howevc: any changes or reductions to the Service in excess of 10% of service hours shal I be brought to El Segundo in writing for review and cornment prior to implementation. D. Redondo Beach may, in its sole discretion. enter into contracts for Line |0gservice with any other provider ofits choice atany time without the approval ofE| 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, ugc, maintenance and operation of vehicles. driver qualifications and other similar provisions typical ofuoagreement ofthat kind, E. Redondo Beach shall buuc the percentage ofcost for Linc /O9onthe 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 undescribed inAttachment A. Redondo Beach will accept interagency transfers with a6oucnt transit operators and participate in the EZ Puoo Program. Redondo Beach uhu|| retain all /'avoboxrevcnuca. BCT Line lO9passenger fare revenues shall heused tooffset operation expenses. 4. FUNDING A. £] Segundo yhoU pay Redondo Beach for costs in associated with operating Linn 709 in uuconbmcc with this Section. B Segundo shall not pay Redondo Beach for capital ousts nor shall El Segundo provide any equipment to operate the Service. B. FY 2019-20: Operations Funding from El Segundo shall be $0 for fiscal year 2019-20. In the event Redondo Beach incurs u shortfall in funding, B ScQundo'y funding ronUjbution*iUbebased onthe number ofmiles ofthe BCT Line |UVroute (as deaohbcd in Attachment Qwithin E|8egundo`sboundaries and other cities' Line |O9route miles will not factor into E| Sogondo'o funding contribution. /\ shortfall occurs when the (/) the estimated costs exceed the (2) estimated operating revenues for the respective fiaou ?cur. The estimated costs shall bebased oil (|) the prior year's Linc 109 service hours multiplied 6vthe applicable service hour rates plus (2) the prior year's fuel costs plus an estimated CP| increase plus (]) csbmutcU costs for RTI systerns. The estimated revenues shall be based on the LACMTA funding formula and the prior fi000|year's fare revenues for Line |09. Operating expenses are incorporated in the uecvkz hour rates and include without limitation, driver wages, general administration and overhead. and maintenance costs. Rcu) Time Information (^RT/-) Systems operating expenses include without limitation, capital equipment,passenger/administration interface programs. cellular and internehosting o[ RT/services and report mu/mgemon1programs. 5710 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 EI Segundo residents and non-resident community members. 5. REPO;f TING/I 9V"KING A. Redondo Beach shall report to El 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, including service operating expenses and RTI capital and operating expenses B. Redondo Beach shall submit said report to EI Segundo in writing within fifteen (15) days after the end of each reporting quarter. C. Redondo Beach shall submit quarterly reports to El Segundo. 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 EI Segundo annual NTD random sampling data which provides the statistics to estimate the number of passengers boarding and alighting by stop in EI 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. EI 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 E1 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 OF RECORDS 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 terniination 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. 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 forthis 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 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 Nvith 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. 4 (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 Cities Transit: City of Redondo Beach Community Services Director Attention: Line 109 1922 Artesia Blvd. Redondo Beach. CA 90278 Email: jolin.larockCredondo.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 Email: ,clerk a redondo.oro� Fax Nu _.....- tuber: 310- 374-0220 EI Seizundo: City of EI Segundo Recreation and Parks Director Attention: Line 109 350 Main Street El Segundo. CA 90245-3813 Email: tlll)�Air cal; �ri�kidro,Gwr With a copy to: City of EI Segundo City Clerk 350 Main Street EI Segundo. CA 90245-381 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 EI 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. 15. COMPLIANCE WITH STATUTES AND REGULATIONS BCT will be knowledgeable of and will comply with all applicable federal. state. count' 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 fi-om 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] 6 571 IN \KITNESS NI-IEREOF. the parties have executed this Agreement, as of thislh� day of '�. G �, ',,j . 2(') 19. CITY OF REDONDO BEACH ............. . ... William C. Brand. Mayor APPROVED AS TO FORM: �° ................. Michael W. Webb, City Attorney ATTEST: F, eanor Manzano, City , I Iti CITY OF EL SEGUNDO By: Dre\\ Bov ees. klayol- APPROVED AS TO FORM: PfflrA Mark D. Hensley. , (ii Attorney ATTEST: Tracy V"eaves. City Clerk 7 Attachment A: Line 1019 Mai) A PIN V ILA "wom 4w, CN 04 20"W a, eAW" nn I EIL SEGil 114DO 2 IN D MANHATTAN BEACHIllll Ohl SERMOSIA OE CH mcmm' li REDOND BEACH' T— TORRANCE . . ..............a lb VERDIE.3 ESTATES PAL,% 8 EFFECTIVE SEPTEMBER 2014 57i 0 NORTHBOUND Redondo Beach to 0 QF 4 v f LAX City Bus Center S SS 6*33 eel 7:02 7:12 722 7-05 7:22 7:33 7:47 8-02 3-12 822 SAS B:32 8-43 9.57 9:12 9-22 6 -DO 6:17 6.28 602 6-53 7,03 7.13 630 6-47 658 712 723 7:33 7:43 725 7:42 7p53 6:07 8:'8 8:28 9:343 8:10 B-17 8 iS 8,52 ;�; 9-117 V-2? 8:50 9:07 918 9:32 947 9:57 1D.07 9:35 9:52 1"3 10:17 1032 10:42 1 D:52 0r.25 13:42 10.53 11'D7 1122 111:32 11:42 11-10 11:27 1138 1152 12:07 1L-17 12:27 11:50 IM 1 12a2 IZA7 1257 1:07 12M I2-52 1:03 'LI7 1:32 IA2 1.52 7A7 2.02 2.13 W 2:0 ZM 2.02 2:30 2A7 2M X012 3:27 2W 2A7 "a 327 2m 3181 &W kv 4w 3,55 &12 kn 4:37 452 L-02 LIZ AAS 6:02 5.13 SW EA2 5:52 4:02 5:30 5A7 SM 6:12 6.27 6W &A7 610 6:27 &-A 644 7.0-7 *P- 7-27 6.55 MIZ 7-M 737 7,52 M 812 7AS 1-02 lh13 8:27 MU SM 9'02 t3o IFA7 9M "2 91-7- -9:37 9W WM -pm, 57i 0 0 QF 4 v f '04 S SS 6*33 6:47 7:02 7:12 722 7-05 7:22 7:33 7:47 8-02 3-12 822 SAS B:32 8-43 9.57 9:12 9-22 9:32 ?:l D 927 9738 9:52 10-.07 10r.17 1D-?] 10:10 1027 10.38 110:52 11-07 11:17 11:27 11:15 1',:32 11-43 11:57 1= 1222 12:22 I2:10 1 12M 12-52 IIR 1:17 1:27 1:10 1:27 1:n 1,52 2:07 2:17 2:27 7-U 2:52 L-03 117 322 2AZ 152 3-30 IA7 2M 4:12 ik" AM 4A7 4,30 4;47 4.S8 512 sm 6:27 5:47 5.35 5,-,52 4.03 6-17 6.32 &A2 6-52 6:30 6:47 6:S8 7.12 727 737 7A7 710 7A7 753: 612 BM L137 L47 am IA7 8' S8 "2 9.27 927 9,A7 Am P141 5:37 SM 6-09 &,21 6:30 57i 0 f '04 S SS 6.07 621 6:30 6:51 7.00 7 640 6:&2 7-06 7;24 736 7:45 8i]0 720 7:22 7-46 8.04 6:16 L25 8-40 B GS 8-17 8 3", 8:d9 9-01 9:70 925 8 55 n7 9:21 9:29 q -S! 0:00 MIS 9d0 9-52 10116 10-24 1D-36 0-45 11 1020 10:32 10.46 11:04 11-16 1:25 11-40 11:05 1117 11:31 11:49 1"1 12." 12:2S 17-15 12:27 12A1 IL -59 1-11 120 1:35 1-00 1.12 126 IAI 1;S6 26-05 2-20 IAO 1.52 LIM 2:24 136 2AS IN 7-25 L-37 23I IM 3:21 3:20 3eS 1-15 XV 3-A1 2:59 4.11 420 4,33 AM 412 426 &" 4:56 5,05 520 4AO AM SM 5:24 5-36 SAS 6.00 525 5:37 SM 6-09 &,21 6:30 6AS WS k27 &AI &59 711 7:20 725 7M 772 726 7-A4 7.56 R-.09 9-20 7:40 7:52 M 9-24 L-36 BAS 9-00 825 8:37 8.51 9:09 9,21 9:30 9AS AM pm 57i 0 645 657 TV 7.29 7:4' 7:50 8-0E 7:40 7:52 9:06 8-24 S:36 ;-.!S 9 n-� 84D 552 9.,06 9:24 9:36 945 1 G -W 9;45 9-,S7 10-11 10:27 10--4' 0:5,' 11 ^05 M:&C 1G52 11506 11-2d 11:36 1 '.:,S 12:00 1-40 1I52 IZ;-U 122A 12M 12A5 1,,00 M. 117 1:31 IA9 2:N 2A0 2-2S 2xW 272 IiM 2 -Ad Z:U 3:06 320 2M 312 126 3AA 2:66 &GS &2-0 L-06 07 431 "9 541 LIO 5:25 S. -W 512 526 L" S:S& 6:05 6:20 &-W 672 6:26 &:" 6:S6 7-0S 720 7.0 7-17 PJI 7--A L01 810 825 &W 172 026 #:" 8:56 9:05 9-20 tM "7 9-21 9:29 "I I M 10.15 AV Pm 57i 0 Attachment C Beach Cities Transit Line 109 Route Semice Mile Calculations bV Go, Route Miles NB Miles SB Miles Redondo Beach & Los Angeles 5.3 6.9 Hermosa Beach 2.2 1.6 Manhattan Beach 3.4 2.2 El Segundo 7.7 5.6 Total Miles 18.6 16.3 HUI 411"d 11111 Average Allocation Miles Per Formula % GO 6.1 34.95% 1.90 10.89% 2.8 16.05% 6.65 38.11% 17.45 100.00%