Agenda packet — Baldwin Park City Council, February 7, 2024 (part 3 of 9)

TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation and
Community Services
DATE: February 7, 2024
SUBJECT: Approval of Conceptual Design for Morgan Park
Restrooms Improvements Project

SUMMARY
The purpose of this staff report is for City Council to consider approval of the conceptual design for Morgan Park Restrooms Improvements Project.

RECOMMENDATION
It is recommended that the City Council:

1. Approve the conceptual for Morgan Park Restroom Improvements Project; and

2. Authorize Director of Recreation & Community Services to proceed with any supplementary documents required for the project.

FISCAL IMPACT
There is no fiscal impact to the General Fund at this time.

BACKGROUND
At their August 2, 2023, City Council Meeting, City Council awarded an agreement to Infrastructure Engineers a Bowman Consultant Group, Ltd. for design services for Morgan Park Restrooms Improvements Project CIP24-001-55027. Three (3) conceptual renderings were produced and shared with the community at various community engagement events. Staff diligently organized a series of community engagement meetings to introduce the alternative floor plan layouts. The vibrant atmosphere of the Downtown Street Market provided an ideal setting for staff to effectively share these alternatives, fostering an open dialogue with the community and encouraging valuable feedback on the proposed improvement options. Participants actively engaged in the process, prioritizing their preferred designs. Furthermore, staff showcased the proposed conceptual designs at the Julia McNeill Senior Center Loteria event, with a specific focus on the layouts highlighting the upgrades. Notably, the expansion maintains the building's exterior footprint and complies with American with Disabilities Act (ADA) compliance, while skillfully incorporating thoughtful modifications to interior walls to maximize its potential. This reflects a thorough balance between enhancing facilities and preserving the architectural integrity of the structure. The conceptual design presented reflects the feedback gathered from community engagement.

Existing
Restroom ADA
Stall
Regular
Stall
Urinal Sink Hand
Dryer
Flooring Walls Partitions
Men’s 1 0 1 1 1 Concrete Cinder
Block
Cinder Block
Women’s 1 1 0 1 1 Concrete Cinder
Block
Cinder Block

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Proposed
Restroom ADA Stall Regular
Stall
Urinal Sink Hand Dryer Floor Walls Partitions
Men’s 1
With Infant
Station
2 1 3 2
Automatic
Ceramic
Tile
Painted Cinder
Block
Accent
Backsplash
Stainless
Steel
Women’s 1
With Infant
Station
3 0 3 2
Automatic
Ceramic
Tile
Painted Cinder
Block
Accent
Backsplash
Stainless
Steel

The proposed improvements will increase the number of both restrooms with two (2) additional regular restroom stalls, two (2) washing stations, and one (1) window. Additional features include touch free equipment/accessories, flooring application, wall accent backsplash, partitions, infant changing stations and baseboard.

ALTERNATIVES
The alternative is not to approve the conceptual designs and provide alternative direction.

LEGAL REVIEW
Not required.

ATTACHMENTS
None.

STAFF REPORT
ITEM NO. ____18____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
PREPARED BY: Shirley Quinones, Chief Deputy City Clerk
DATE: February 7, 2024
SUBJECT: Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Housing Commission.

SUMMARY
This report requests that the City Council review applicants and appoint the remaining commissioners to the Housing Commission.

RECOMMENDATION
It is recommended that the City Council:

1. Review all commission applications for the Housing Commission

2. Make a finding that one of the Commissione r Seats designated for a Housing Authority participant can be filled by any resident applicant, in the interest of carrying out the business of the Housing Authority Commission.

3. Make the respective appointments.

4. Direct staff and City Attorney to bring back an ordinance amendment for B.P.M.C Section 32.21 to eliminate the requirement of Commissioners being tenants of the authority.

FISCAL IMPACT
There is no fiscal impact with this action.

BACKGROUND
A Public Notice of Commissioners was posted in accordance with Government Code Sections 54972 and Baldwin Park Municipal Code Chapter 32.

All Commission applications have been vetted including residency verification (via review of a driver’s license and a current utility bill) and none of the applicants are participants of the Housing Authority .

Said documentation is on file in the City Clerk's Office under advisement.

DISCUSSION
There are 7 vacancies on the commission, therefore the City Council directed staff to keep the Notice of Commissioner open for the vacancies in the Housing Commission.

Pursuant to Baldwin Park Municipal Code Section 32.21, t he Housing Commission shall consist of seven members who are appointed and designated to Commission Office Nos. 1 through 7 respectively. Commissioners Nos. 6 and 7 shall be persons who are tenants of the authority. Commissioner appointed to Office No. 7 shall be over 62 years of age if the authori ty has

Page 2 ends

tenants of such age. Tenant Commissioners shall have all the powers, duties, and privileges as any other Commissioner.

Commission members of Office Nos. 1 -5 are appointed to a four -year term. Commission members of Office Nos. 6 and 7 are appointed to a two-year term.

One of the applicants, Laura Franklin, had been appointed to the Commission in July 2021 and swo rn in on February 2, 2022. Unfortunately, she has not been able to fully serve due to the Housing Commission not having enough members to reach a quorum. She has reapplied for a new term of four years.

HOUSING COMMISSION
Seven (7) Housing Commission Seats

Term: Seats No. 1 – 5: Appointment thru June 30, 2028
Seats No. 6-7: Appointment thru June 30, 2026

Commissioner No. 1 Resident Term: Four-years
Commissioner No. 2 Resident Term: Four-years
Commissioner No. 3 Resident Term: Four-years
Commissioner No. 4 Resident Term: Four-years
Commissioner No. 5 Resident Term: Four-years
Commissioner No. 6 Participant of the Housing Authority Term: Two-years Commissioner No. 7 62 years of age and participant of the Housing Authority
Term: Two-years

Applications received from the following (applicants listed alphabetically by first name):

1. Edward Gonzalez

2. Elisabeth Tapia

3. Evangelina Franco

4. Jose Jesus Sauza

5. Laura Franklin

6. Maria Cisneros-Gonzalez

None of the applicants are part of the Housing Authority.

ALTERNATIVES
The City Council could make appointments at its next regularly scheduled City Council Meeting and designate the current incumbents to continue serving in their current capacity until said appointments are made, as prescribed by the Baldwin Park Municipal Code Section 32.03(B).

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Housing Commission Applications

Housing
Housing

STAFF REPORT
ITEM NO. ____19____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Robert Lopez, Chief of Police
DATE: February 7, 2024
SUBJECT: Request for Authorization to Purchase APX Radios by Motorola Solutions

SUMMARY
This report seeks authorization from the City Council to purchase APX radios by Motorola Solutions® and upgrade the Police Department’s obsolete communication system.

RECOMMENDATION
It is recommended that the City Council

1. Waive the formal bidding process for this purchase; and

2. Authorize the Director of Finance to appropriate $300,000.00 from CIP 24-028-53009 account 271-30-340-58110-53009; and

3. Authorize the Chief of Police or his designee to complete all appropriate documentation to complete the purchase of the requested Motorola radios and accessories.

FISCAL IMPACT
There will be no impact to the general fund. The total purchase price is $1,472,301.46. The Board of State and Community Corrections “BSCC” provided $300,000 to the City of Baldwin Park for this upgrade. These funds were deposited into account 271-30-340-58110-53009 for CIP 24-028-53009.

It is anticipated that the Measure BP Stakeholder Oversight Committee (SOC) will consider a funding proposal for the Radios Replacement Project at its meeting on February 13, 2024. The decision on whether the SOC will recommend approval is entirely up the SOC. Therefore, we would not bind the City contractually until SOC has made a decision and the City Council has concurred.

The remaining balance of $1,172,301.46 would be paid yearly through a service agreement (5 years), and funding will be budgeted in future fiscal years from either Measure BP or part of the Police Department's Annual Budget. The payment plan would be as follows:

Year 1 payment $300,000 BSCC Funds
Year 2 payment $293,075.37 Measure BP/ PD budget
Year 3 payment $293,075.37 Measure BP/ PD budget
Year 4 payment $293,075.37 Measure BP/ PD budget
Year 5 payment $293,075.35 Measure BP/ PD budget

Page 2 ends

BACKGROUND
The Baldwin Park Police Department’s radio system is essential to our public safety commitment. Our radio systems connects our first responders with dispatchers and other police and fire agencies who relay information gathered from our citizens. Purchased in 2005, our officers' current XTS 5000 portable radios are approximately 18 years old, have reached their expected lifespan, and are now obsolete.

The Baldwin Park Police Department’s radio system is essential to our public safety commitment. Our radio systems connects our first responders with dispatchers and other police and fire agencies who relay information gathered from our citizens. Purchased in 2005, our officers' current XTS 5000 portable radios are approximately 18 years old, have reached their expected lifes pan, and are now obsolete.

In 2013, Motorola officially discontinued selling the XTS radio line. In December 2018, Motorola announced that both support and the availability of parts would be discontinued, effectively announcing the end of their useful lif e. Support for these radios after December 2018 will be constrained by the availability of parts on hand and those purchased if available in secondary markets. Having the most critical equipment supported in this manner would be unprecedented. It would p ut police officers at a greater risk of equipment failures when their lives depend on it and hamper our response to critical incidents.
• ASTRO25 radio subscribers contain proprietary hardware and software only available through Motorola and its partners.
• Motorola radios will operate on the department’s existing P25 trunked system that uses Motorola core equipment. So, the radios would be interoperable and compatible with the current Motorola system.
• Motorola and its authorized service providers are the only entities that can service Motorola products. Using another vendor product for radios would create additional costs for service needs and maintenance.
• Motorola maintains proprietary parts and accessories inventories to support warranty, maintenance, and support services for their radio equipment, ensuring the availability and compatibility of replacements. No aftermarket or third-party components would be compatible. • Baldwin Park and other ICI members only use Motorola equipment currently. So, there is standardization across agencies on Motorola products.

The existing radio infrastructure and system is ASTRO25, a proprietary Motorola solution product.

Standardizing Motorola APX radios to align with the existing Motorola ASTRO25 system makes Motorola realistically the only viable option to fulfill operationa l, compatibility, support, and cost - efficiency requirements. Therefore, Motorola Solutions qualifies as a sole source provider within the meaning of City Ordinance 1457.

Page 3 ends

Purchasing new Motorola APX radios would upgrade our outdated communication system to state -of- the-art P25 standards, future -proofing our radio capabilities with a reliable, cutting -edge platform that can support the department's communication needs for years to come.

ALTERNATIVES

1. Authorize the purchase.

2. Decline to authorize the purchase. However, Should City Council decide not to authorize the purchase of the new APX 8000 radios, the police department would continue to utilize the existing radios and seek replacement and repairs as needed. Given the current failure rate on the existing radios, this option would not be cost-effective. It would impact operational readiness for our officers due to the high turnaround time on repairs and the need for available replacement radios.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Quote from Motorola Solutions

2. Motorola Solutions Technical Specs letter

Billing Address:

BALDWIN PARK POLICE DEPT,

CITY OF
14403 E PACIFIC AVE
BALDWIN PARK, CA 91706
US

Quote Date:12/13/2023
Expiration Date:04/11/2024
Quote Created By:

Denis Redzepagic
denis.redzepagic@
motorolasolutions.com
End Customer:

BALDWIN PARK POLICE DEPT, CITY OF
Josh Hendricks
[email protected]

Freight Terms:FREIGHT PREPAID
Payment Terms:30 NET

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

APX™ 8000 Series

APX8000

1 H91TGD9PW7AN

APX 8000 ALL BAND
PORTABLE MODEL 3.5

65 $7,774.00

$5,675.02

$368,876.30

QA05573AA

ALT: LI-ION IMPRES 2 IP68
5100MAH

65 $156.45

$114.21

$7,423.65

Q806CB

ADD: ASTRO DIGITAL CAI

OPERATION

65 $567.00

$413.91

$26,904.15

Q361AN

ADD: P25 9600 BAUD

TRUNKING

65 $330.00

$240.90

$15,658.50

QA00580AA

ADD: TDMA OPERATION

65 $495.00

$361.35

$23,487.75

Q58AL

ADD: 3Y ESSENTIAL

SERVICE

65 $184.00

$184.00

$11,960.00

Q15AJ

ADD: AES/DES-XL/DES-OFB

ENCRYPTION AND ADP

65 $879.00

$641.67

$41,708.55

QA09007AA

ADD: OUT OF THE BOX WIFI

PROVISIONING

65 $0.00

$0.00

QA09001AB

ADD: WIFI CAPABILITY

65 $330.00

$240.90

$15,658.50

Q498AU

ENH: ASTRO 25 OTAR W/

MULTIKEY

65 $814.00

$594.22

$38,624.30

H38BS

ADD: SMARTZONE

OPERATION

65 $1,650.00

$1,204.50

$78,292.50

QUOTE-2141743
APX Subscribers

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 1 ends

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

G996AP

ADD: PROGRAMMING OVER
P25 (OTAP)

65 $110.00

$80.30

$5,219.50

QA09113AB

ADD: BASELINE RELEASE
SW

65 $0.00

$0.00

2 PMMN4099CL

AUDIO ACCESSORY-

REMOTE SPEAKER
MICROPHONE,IP68 REMOTE

SPEAKER
MICROPHONE,3.5MM,UL

65 $142.56

$114.03

$7,411.95

3 PMNN4494A

BATT IMPRES 2 LIION R IP68
5100T

20 $228.69

$182.93

$3,658.60

4 NNTN8863A

CHARGER, SINGLE-UNIT,
IMPRES 2, 3A, 100-240VAC,

US/NA PLUG

10 $169.56

$135.63

$1,356.30

5 NNTN8844A

CHARGER, MULTI-UNIT,
IMPRES 2, 6-DISP, NA/LA-

PLUG, ACC USB CHGR

8 $1,705.20

$1,363.99

$10,911.92

APX™ 8500

6 M37TSS9PW1AN

APX8500 ALL BAND MP
MOBILE

28 $5,893.68

$4,302.39

$120,466.92

G90AC

ADD: NO MICROPHONE

NEEDED APX

28 $0.00

$0.00

GA09007AA

ADD: OUT OF THE BOX WIFI

PROVISIONING

28 $0.00

$0.00

G851AG

ADD: AES/DES-XL/DES-OFB

ENCRYP APX AND ADP

28 $879.00

$641.67

$17,966.76

GA00250AA

ADD: BLUETOOTH/WIFI/

GNSS FLEXIBLE CABLE
LMR195

28 $110.00

$80.30

$2,248.40

G996AS

ENH: OVER THE AIR

PROVISIONING

28 $110.00

$80.30

$2,248.40

G72AD

ADD: APX O3 HANDHELD CH

28 $1,041.00

$759.93

$21,278.04

G67DE

ADD: REMOTE MOUNT 03 MP

28 $327.00

$238.71

$6,683.88

GA00580AA

ADD: TDMA OPERATION

28 $495.00

$361.35

$10,117.80

GA01513AB

ADD: ALL BAND MOBILE
ANTENNA (7/8/V/U)

28 $105.00

$76.65

$2,146.20

QUOTE-2141743
APX Subscribers

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 2 ends

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

G51AT

ENH:SMARTZONE

28 $1,650.00

$1,204.50

$33,726.00

G78AT

ENH: 3 YEAR ESSENTIAL
SVC

28 $288.00

$288.00

$8,064.00

GA09001AA

ADD: WI-FI CAPABILITY

28 $330.00

$240.90

$6,745.20

G298AS

ENH: ASTRO 25 OTAR W/

MULTIKEY

28 $814.00

$594.22

$16,638.16

B18CR

ADD: AUXILIARY SPKR 7.5

WATT APX

28 $66.00

$48.18

$1,349.04

G444AH

ADD: APX CONTROL HEAD

SOFTWARE

28 $0.00

$0.00

GA01517AA

DEL: NO J600 ADAPTER

CABLE NEEDED

28 $0.00

$0.00

G806BL

ENH: ASTRO DIGITAL CAI OP
APX

28 $567.00

$413.91

$11,589.48

G361AH

ENH: P25 TRUNKING

SOFTWARE APX

28 $330.00

$240.90

$6,745.20

QA09113AB

ADD: BASELINE RELEASE
SW

28 $0.00

$0.00

APX™ 8500

7 M37TSS9PW1AN

APX8500 ALL BAND MP
MOBILE

44 $5,893.68

$4,302.39

$189,305.16

GA09007AA

ADD: OUT OF THE BOX WIFI

PROVISIONING

44 $0.00

$0.00

G851AG

ADD: AES/DES-XL/DES-OFB

ENCRYP APX AND ADP

44 $879.00

$641.67

$28,233.48

GA00250AA

ADD: BLUETOOTH/WIFI/

GNSS FLEXIBLE CABLE
LMR195

44 $110.00

$80.30

$3,533.20

G996AS

ENH: OVER THE AIR

PROVISIONING

44 $110.00

$80.30

$3,533.20

GA00580AA

ADD: TDMA OPERATION

44 $495.00

$361.35

$15,899.40

GA01513AB

ADD: ALL BAND MOBILE
ANTENNA (7/8/V/U)

44 $105.00

$76.65

$3,372.60

G51AT

ENH:SMARTZONE

44 $1,650.00

$1,204.50

$52,998.00

QUOTE-2141743
APX Subscribers

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 3 ends

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

G78AT

ENH: 3 YEAR ESSENTIAL
SVC

44 $288.00

$288.00

$12,672.00

GA09001AA

ADD: WI-FI CAPABILITY

44 $330.00

$240.90

$10,599.60

G298AS

ENH: ASTRO 25 OTAR W/

MULTIKEY

44 $814.00

$594.22

$26,145.68

B18CR

ADD: AUXILIARY SPKR 7.5

WATT APX

44 $66.00

$48.18

$2,119.92

G444AH

ADD: APX CONTROL HEAD

SOFTWARE

44 $0.00

$0.00

G67EH

ADD: REMOTE MOUNT E5 MP

44 $327.00

$238.71

$10,503.24

GA01517AA

DEL: NO J600 ADAPTER

CABLE NEEDED

44 $0.00

$0.00

G806BL

ENH: ASTRO DIGITAL CAI OP
APX

44 $567.00

$413.91

$18,212.04

GA01670AA

ADD: APX E5 CONTROL
HEAD

44 $717.00

$523.41

$23,030.04

W22BA

ADD: STD PALM

MICROPHONE APX

44 $79.00

$57.67

$2,537.48

G361AH

ENH: P25 TRUNKING

SOFTWARE APX

44 $330.00

$240.90

$10,599.60

QA09113AB

ADD: BASELINE RELEASE
SW

44 $0.00

$0.00

Subtotal
$1,338,460.59

Estimated Tax

$133,840.87

Grand Total

$1,472,301.46(USD)

Notes:

QUOTE-2141743
APX Subscribers

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 4 ends

Motorola Solutions, Inc.
10680 Treena St., Suite 200
San Diego, CA 92131

December 14, 2023

Chief Robert Lopez
Baldwin Park Police Department
14403 E. Pacific Avenue
Baldwin Park, CA 91706

Subject: Motorola Solutions – ASTRO25 APX RADIO EQUIPMENT

Dear Chief Lopez:

Motorola Solutions, Inc. (“Motorola”) is the market leader in radio communications systems and products for the U.S. Government and Public Safety Market and is pleased to have the City of Baldwin Park, CA as a valued customer. The ASTRO25 radio subscribers we design and manufacture contain proprietary hardware and software components which are not commercially available except through Motorola and its channel partners.

The Motorola Radio Equipment and Options that will be purchased by the City of Baldwin Park can be used on their existing Motorola ASTRO P25 Trunked System that ICI Member agencies currently operate.

These radios will operate on P25 Trunked equipment that has proprietary features operating on Motorola solutions core equipment located at the Glendale Master Site.

Furthermore, authorized warranty, maintenance and support services for Motorola systems and hardware and software products are provided by Motorola and its network of authorized and trained service providers. Motorola maintains a parts and accessories inventory sufficient to support its warranty, maintenance and support services obligations. These parts and accessories are manufactured either by Motorola or for Motorola subject to Motorola’s specifications and other requirements.

If you have any questions regarding our radio equipment, please contact your Account Executive, Denis Redzepagic at (619) 577-3619.

Sincerely,

Motorola Solutions, Inc.

Mike Bravo
Area Sales Manager

STAFF REPORT
ITEM NO. ____20____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Director of Community Development
DATE: February 7, 2024
SUBJECT: Approval of Amendment Number 2 to the Consultant Services Agreement with Terra Realty Advisors Inc. to
provide various real estate services related to outdoor advertising.

SUMMARY
The purpose of this staff report is to consider a 2nd amendment to the Consultant Services Agreement (CSA) with Terra Realty Advisors Inc. (Terra) to extend the Agreement by additional twelve months and update the Scope of Services and Compensation.

RECOMMENDATION
It is recommended that the City Council authorize the Mayor to execute the Amendment subject to any non-substantive changes made by the CEO and City Attorney and authorize the Director of Finance to appropriate funding and make the necessary budget adjustments.

FISCAL IMPACT
The fiscal impact to the General Fund is estimated at $8,200 (account # 100 -40-405-51100-00000).

This amendment increases the original not-to-exceed agreement amount from $40,000 to $50,000 as additional services are added to the Scope of Services. The $10,000 additional cost will be included in the FY 2024-25 budget process. The cost of CSA will continue to be covered by fees collected from outdoor advertising companies seeking new development agreements or leases with the city. Also, services provided by the consultant will assist staff in establishing development agreements/leases that will continue to generate significant revenue from outdoor advertising opportunities.

BACKGROUND
On January 19, 2022, the City Council approved a twelve-month CSA with Terra for an amount not-to- exceed $40,000 for the purposes of providing real estate services related to billboards. The CSA was first amended on January 18th, 2023 that only extended the agreement for an additional twelve months and expired on January 18th, 2024.

This 2nd amendment will extend the agreement an additional twelve months and will replace the current Scope of Services and Compensation. Additions to the Scope of Services includes developing a Request for Proposal for a new billboard as the city gets set to obtain site control of a parcel by the medical Kaiser facility with freeway visibility, and advisory services as staff continues to explore bus stop advertising signage. The extension of the agreement and additional services requires that the Compensation to the CSA also be updated.

Page 2 ends

Since the execution of the original agreement Terra has been an instrumental resource in a very specialized industry by assisting in negotiating new development agreements related to new billboard signs, existing signs with expiring agreements and static to digital sign conversions. Terra has ensured that the city received revenues consistent with what other cities received based on current market conditions and has assisted in navigating the highly regulated industry.

Based on its positive experience w orking with Terra and with potential new revenue generating opportunities, staff is recommending that the City Council approve Amendment Number 2.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Amendment Number 2 with Terra Realty Advisors Inc.

2. New Scope of Services and Compensation

AMENDMENT NUMBER 2

TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF BALDWIN PARK AND TERRA REALTY ADVISORS INC.

1. PARTIES AND DATE.

This Second Amendment to the Consultant Services Agreement (“Second Amendment”) is made and entered into this February 7, 2024, by and between the City of Baldwin Park, (“City”), and Terra Realty Advisors Inc. (“Consultant”).

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Consultant Services Agreement dated January 19, 2022, (“Agreement”), whereby Consultant agreed to provide various real estate services related to outdoor advertising signs.

2.2 Amendment. City and Consultant mutually desire to amend the Consultant Services Contract Agreement for the second time to add additional services and extend the term of the Consultant Services Agreement. This amendment replaces Exhibit A Scope of Services with a new Scope of Services that includes these additional services, related Exhibit B Compensation and extends the Agreement with the Consultant an additional twelve (12) months.

3. NOW, THEREFORE, City and Consultant agree as follows:

3.1 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Agreement, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

3.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Agreement.

3.3 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

3.4 Corporate Authority. The persons executing this First Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this First Amendment on behalf of said party, (iii) by so executing this First Amendment, such party is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.

*SIGNATURES ON NEXT PAGE*

IN WITNESS WHEREOF, the parties have executed this Second Amendment to be executed the day and year first above written.

CITY OF BALDWIN PARK: CONSULTANT: Terra Realty Advisors Inc.

By:________________________________ By:_________________________________ Emmanuel J. Estrada, Mayor Scott Sheldon, President
Attest:

By:________________________________
Christopher Saenz, City Clerk
Approved as to Form:

By:________________________________
Marco A. Martinez,
City Attorney

450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net

EXHIBIT A

SCOPE OF SERVICES

The Client engaged Terra Realty Advisors, Inc. (TRA) as originally referenced in the Consultant Services Agreement dated August 26, 2019, to provide advice and options on various billboard signs in the City of Baldwin Park. This follow-up Scope of Services includes:

1. Continue to p rovide advice, direction and coordination for the Client, working with Lamar Outdoor (Lamar) through construction and close-out of their approved sign,

2. Continue to provide advice, direction and coordination for the Client, working with All Vision Media (All Vision) to complete a Development Agreement, coordinate public entitlements through construction and close-out for a new proposed digital sign,

3. Work with Clear Channel Outdoor (CCO) to negotiate and finalize a new Development Agreement for the existing three signs at Barnes Park,

4. Assist the Client in finalizing all property matters for the transfer of the Dalewood site (adjacent to Kaiser) from Caltrans. Develop a n RFP and coordinate all aspects including design, economics, selection of a sign company, and a lease agreement to locate and construct a new digital LED sign on this City owned property,

5. Assist the City with ongoing negotiations regarding an extension of the lease for the existing static sign located at the City Corporation Yard property on Garvey Avenue.

6. Advise and coordinate with the Client on the removal of the existing Regency Outdoor illegal, non-permitted static sign north and west of the I-10, I-605 interchange,

7. Provide advice and strategy to eliminate the existing sign located on Torch Street, located adjacent to residential, when the Development Agreement expires in 2025.

8. Provide strategic advisory service for the Gua dalajara site proposed sign including review of documents, etc.

9. Provide strategic advisory services for transit bus stop signs, including development of an RFP and negotiations with potential sign companies

It is industry standard practice to have sign companies for new leases or Development Agreements pay a one time fee to the Client to assist in covering the Consultants costs. As an example, for the OFM & Lamar signs, both sign companies have agreed to pay $15,000 each, $30,000 total to the City of Baldwin Park. In addition, All Vision has agreed to pay to the City $25,000 for reimbursement of consultant services. Clear Channel Outdoor has also agreed to pay a reimbursement for consultant services in the amount of $12,500. This same request will be made with all other sign companies upon final agreement of either a lease or DA.

450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net

EXHIBIT B – Compensation of the Consultant

In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.

RATE SCHEDULE
2023/2024

The following are the hourly rates for each position:

President $295.00/hr
Executive Vice President $250.00/hr
Senior Vice President $215.00/hr
Vice President $195.00/hr
Director of Due Diligence/Research $140.00/hr
Administrative/Clerical $ 95.00/hr

Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days, and shall bear interest at 1 1/2% per month.

The following is a budget estimate of fees likely to be incurred for our services based on the attached Scope of Services. The sum of FIFTY THOUSAND DOLLARS ($50,000.00), anticipated to be offset by reimbursements from the sign companies. An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.

Preparing to serve or serving as a consultant or witness in any litigation, arbitration or other legal proceedings are additional costs, and will be charged at 1.5 times the hourly rates as shown above.

Both parties herein agree to keep all information relating to this project and Agreement confidential.

STAFF REPORT
ITEM NO. ____21____

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TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Lena Abdullah, Management Analyst
DATE: February 7, 2024
SUBJECT: Consider and approve a Transit Services Agreement with Southland Transit, Inc. for Bus Operations and
Maintenance of the City’s Dial -A-Ride and Fixed Route
Transit Program and Approve a Compressed Natural
Gas ( CNG) Refueling Agreement with the City of El
Monte to Support the City’s Transit Program

SUMMARY
This item requests that the City Council consider and approve a 2 -year Transit Services Agreement with Southland Transit, Inc. (STI), to operate the City’s fixed route and dial -a-ride services as well as provide bus maintenance. It also requests that the Council consider and approve a CNG Refueling Agreement with the City of El Monte for a term of one year and possible extension of one additional year at the same terms.

RECOMMENDATION
It is recommended that the City Council:

1. Approve a 2-year Transit Services Agreement (TSA) with Southland Transit, Inc., and Authorize the Mayor and City Clerk to execute the agreement; and,

2. Approve a 1-year CNG Refueling Agreement with the City of El Monte, and Authorize the Chief Executive Officer (CEO) to execute the agreement; and,

3. Authorize the Director of Finance to appropriate an additional amount of $100,000 from Fund 244- Proposition A to ensure enough funds are available to fund the program at the new rate.

FISCAL IMPACT
The approval of the Transit Services Agreement will have no impact on the City’s General Fund. The City’s Transit Program is funded through Propositions A and C local return revenue as well as an annual credit from the Los Angeles County Metropolitan Trans portation Authority (LACMTA) for program reporting through the National Transit Database (NTD). The total amount of the proposed TSA is estimated at $1,685,974.40. The f unds needed for the services are included in the FY 2023 -24 operations budget approved by the City Council on July 5, 2023, however an additional $100,000 from Fund 244 (Prop. A) is needed to cover the cost of the higher hourly rate of service as well as the unforeseen additional expense for fuel procured through various third -parties due to the City’s CNG station being unavailable.

FY2023-24 Approved Funds Amount Available
Proposition A – Fixed Route and Dial-A-Ride operations $1,705,000 Proposition C – Fixed Route and Dial-A-Ride operations $151,000 Total Available Funds: $1,856,000

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Estimated Additional Costs for FY2023-24 Estimated Amount Proposition A – Additional appropriation $100,000
Total Estimated Costs (including already approved amount) $1,956,000

The approval of the CNG Refueling Agreement will have no impact on the City’s General Fund. The cost of fuel was budgeted and approved in FY 2023 -24 operations budget. In September 2023 the City’s CNG Station unexpectedly became inoperable leaving no choice but for City and Transit vehicles to have to refuel at private stations at substantially higher rates . While the City’s CNG station is expected to be back in working order by the start of June 2024, this CNG Refueling Agreement will allow City and Transit vehicles to refuel for about half the cost until such time the City’s station is operational, as well as be used as an alternate station, should the City’s CNG station become unavailable.

BACKGROUND
Southland Transit, Inc. (STI) has been the City’s transit service operator for over 30 years. Starting as San Gabriel Valley Transit in 1994, The City of Baldwin Park was one of its first clients. Over the years, through various contract awards and contract extensions, STI has continued providing transit services for Fixed Route and Dial-A-Ride bus operations.

On June 5, 2013, the City Council approved a five (5) year Transit Services Agreement with the options for extensions. The City and STI have agreed upon and executed four (4) amendments to the contract with the last one being approved on December 21, 2022, and expiring on August 18, 2023. At the time the amendment was executed the City’s CNG station was not in operation yet so an interim rate was set at $90.33 until such time that the station is available which would then set the hourly rate at $72.43.

When the amendment expired, City Staff and STI mutually agreed to continue service on a month -to- month basis so as not to interrupt service and to allow Staff time to explore options for creating a new contract. When the City’s CNG station was no longer operable the hourly rate was reverted to the interim rate.

Staff researched neighboring cities and found that the City of El Monte had a similar Transit Program to the City’s, as well as a CNG station. Staff determined it would be most time and cost efficient to “piggyback” off El Monte’s Request for Proposal (RFP) Process as permitted by Baldwin Park Municipal Code (BPMC 34.23 Section C - Bidding Exemptions for Cooperative Purchases). This section of the Municipal Code allows for cooperative purchases of goods and services.

On October 7, 2021, the City of El Monte sent out an RFP for Transit and Paratransit/Dial -A-Ride Operations. See Attachment 3. They received two (2) viable responses, one from Southland Transit Inc, and one from First Transit, Inc. See Attachments 4 & 5. After a thorough evaluation process that is outlined in the RFP, the City of El Monte found that STI scored higher in several categories, including Cost, Work Plan, Qualification s and Experience. The proposed cost structure for El Monte’s service varies slightly from the Cost Proposal received from STI for the City, however the rates were determined to be comparable. See Attachment 6.

DISCUSSION
Public Transit Service Oper ators all over California are facing financial hardships for many reasons including but not limited to low ridership, increased operational expenses, increased fuel cost, struggles to retain qualified drivers, and lastly due to continue efforts to recover from the industry-wide impacts of the COVID-19 pandemic. Staff is still committed to making the City’s Transit System more efficient, sustainable, and most importantly meet the needs of the residents. This will be achieved by revamping and reimagining the current program, which will require more time and effort than originally planned.

To sustain the program until such time, staff rigorously negotiated with STI to reach a reasonable hourly

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rate, set up the agreement with the City of El Monte to use its CNG station, and implementing a slight cut-back on service hours and operations with as little impact as possible to riders.

City and STI staff have concluded negotiations for the new contract and has established a proposed Revenue Hourly Rate of $84.40. The proposed rate is largely based on similar operations and services comparable to the rate structure as for the City of El Monte. The contract will allow for 19,976 revenue service hours with efforts being made to ensure operations continue with as minimal impact to commuters as possible. Also, fares will not increase and will remain at $1.00 for regular patrons and $0.50 for senior and disabled patrons. Staff is optimistic that these changes in services hours will also help improve performance and on-time services. The proposed changes include:
• Reduction of Pumpkin and Teal Routes during the day.
• One Pumpkin and one Teal Line will run on the weekends instead of two. • One Express Line Trolley will run Monday through Friday instead of two. • Dial-a-Ride services will remain the same.
• Implements the Schedule of Compensation Rates with City Provided CNG as follows:

Description Max Annual Revenue Service
Hours
Hourly Revenue Rate through Dec.
2024
Fixed Route 11,256 $84.40
Dial-A-Ride 8,720 $84.40
Annual Total 19,976 $1,685,974.40
It is staff’s intention that prior to the end of the contract’s two-year term, a transit service consultant will evaluate the City’s Transit Program through a transit ridership and route efficient study to better enhance the bus services as well as provide framework for a Bus Shelter Advertising Program to increase revenue. The goals are for the program to be more efficient, allow better options for patrons, and increase ridership. The transit services study will be brought back later as a separate item with recommendations for City Council consideration.

ALTERNATIVES
The City Council may choose not to approve the contract the Transit Services Agreement with STI, however, not doing so may prompt STI to seek further good faith negotiations to eliminate certain services to offset the negative impact on the business of providing transit services.

1. City Council may, at its discretion, direct Staff to solicit RFQ/RFP’s and award a new contract agreement based on solicited service proposals; however, there may be an interruption to the current bus services should STI not be able to continue services.

2. The City Council may choose not to approve the CNG Refueling Agreement with the City of El Monte.

3. Provide Staff with alternate directions.

CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirec t physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutor ily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters , it has been determined that the action does not constitute a “project” under CEQA

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LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Transit Service Agreement with Southland Transit, Inc.

2. CNG Refueling Agreement with the City of El Monte

3. City of El Monte Request for Proposals for Transit Services

4. Southland Transit, Inc. Proposal to the City of El Monte

5. First Transit, Inc. Proposal to the City of El Monte

6. Southland Transit, Inc. Cost Proposal to City of Baldwin Park

TRANSIT SERVICES AGREEMENT

THIS AGREEMENT is made and entered into on this 7th day of February 2024 by and between the CITY of Baldwin Park, ("CITY"), and Southland Transit, Inc. ("CONTRACTOR").

WITNESSETH

WHEREAS, CITY is authorized by California Constitution Article XI, § 9 to furnish and operate public transportation services, and by Public Utilities Code §99288 to enter into an agreement to provide such services, and CITY desires to exercise such authority, and

WHEREAS CONTRACTOR has the required skill, ability, experience and expertise to provide the requested services.

In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES. This Agreement shall satisfy the requirements of Public Utilities Code §99288, and the rules and regulations adopted by the Secretary of Business, Transportation and Housing Agency, Federal Transit Administration of the United States Department of Transportation, California Department of Transportation, San Joaquin Council of Governments, and any other regulatory agency governing transit operations.

CONTRACTOR agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the “Scope of Services” attached to and incorporated into this Agreement as Exhibit “A.” Duration of Scope of Services may be extended on a month-to- month basis but shall not exceed the total compensation.

2. COMPENSATION. CITY shall pay for the services performed by CONTRACTOR pursuant to the terms of this Agreement at the time and manner set forth in the “Schedule of Compensation” attached to and incorporated into this Agreement as Exhibit “B.”

3. QUALITY OF SERVICE. The quality of service provided is a primary and essential component of this Agreement. The level of compensation for services is contingent upon CONTRACTOR meeting the performance standards listed in Exhibit “A." Reductions in compensation for services levels not meeting the performance standard are enumerated in Exhibit "A." CONTRACTOR shall not operate, lease, or charter CITY provided equipment used for any purpose other than this Agreement, unless specifically authorized in writing by CITY.

4. TIME FOR PERFORMANCE. Service Provider shall perform the services above described in a timely manner in accordance with the professional standard practices and the provisions of this agreement. This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 16 herein:

A. Commencement Date: February 7, 2024
B. Expiration Date: February 7, 2026
C. Upon mutual agreement by the parties, this agreement may be extended for an additional two (2) one-year terms.

5. AUDIT OR EXAMINATION. CONTRACTOR shall keep all records of funds received from CITY and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters.

6. STATUS OF CONTRACTOR. CONTRACTOR shall provide all necessary personnel, equipment, and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, CONTRACTOR shall be deemed, for alt purposes, an independent CONTRACTOR and shall have control of alt work and the manner in which it is performed. CONTRACTOR shah be free to contract for similar services to be performed for other entities while under contract with CITY.

CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees.

CONTRACTOR shall be responsible to pay and hold CITY harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. NOT AGREEMENT OF EMPLOYMENT.

It is understood and acknowledged that this Agreement is not a contract of employment between CITY and CONTRACTOR, or any agents, officers, or employees of CONTRACTOR. CONTRACTOR is, and shall at all times be, deemed to be an independent CONTRACTOR. CONTRACTOR is not authorized to bind CITY to any contracts or other obligations. CONTRACTOR is not an agent or employee of CITY and shall at no time represent itself to be such agent or employee. Neither CONTRACTOR nor any of its employees or subcontractors shall be entitled to any benefits accorded to CITY employees including but not limited to Workers Compensation, disability insurance, unemployment compensation, life insurance, retirement benefits, vacation, or sick leave.

7. ASSIGNMENT. This Agreement is for the specific services with CONTRACTOR as set forth herein. Any attempt by CONTRACTOR to assign the benefits or burdens of this Agreement without written approval of CITY is prohibited and shall be null and void; except that CONTRACTOR may assign payments due under this Agreement to a financial institution.

8. RIGHT TO UTILIZE OTHERS. CITY reserves the right to utilize others to perform work similar to the Services provided herein.

9. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. CONTRACTOR shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California.

10. AMERICANS WITH DISABILITIES ACT COMPLIANCE. CONTRACTOR acknowledges that service provided as a result of Agreement may be subject to the Americans with Disabilities Act (ADA). CONTRACTOR agrees to comply with the requirements of the ADA including vehicles and service accessibility to the extent that it is applicable.

CONTRACTOR shall ensure that if an ADA passenger is stranded due to a ramp failure or service interruption that the passenger is picked up within 30 minutes in a Road Supervisor vehicle or another vehicle. The vehicle that has ramp failure shall be removed from service and replaced as soon as possible. The ramp must be repaired before the vehicle is returned to service.

11. PREVAILING WAGES. In the event it is determined that CONTRACTOR is required to pay prevailing wages for any work performed under this Agreement, the CONTRACTOR shall pay all penalties and wages as required by applicable law. CITY will not recognize any claims for additional compensation because of the payment of the prevailing wages under this Agreement. The possibility of wage increases is one of the elements to be considered by the CONTRACTOR in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY. CITY makes no representations or warranties regarding the applicability or inapplicability of any provisions of the California Code, including without limitation, Labor Code sections 1770 et seq.

12. LIABILITY. CONTRACTOR is an independent contractor and shall have no authority to bind CITY nor to create or incur any obligation on behalf of or liability against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred and agreed to in writing by CITY. CITY and its elected and appointed officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnities") shall have no liability to CONTRACTOR or to any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless the Indemnities from and against, any and all third-party liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorneys' fees and disbursement, including without limitation costs and fees of attorneys and/or expert consultants and/or witness and disbursements (collectively "Claims"), which the Indemnities may suffer or incur or to which the Indemnities may become subject by reason of or arising out of any failure by CONTRACTOR to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or omission of the CONTRACTOR, any subcontractor of CONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, occurring as a result of or allegedly caused by the performance or failure to perform by CONTRACTOR of CONTRACTOR service under this Agreement or the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, in performing any of the services under this Contract, except such loss or damage which was caused by the active negligence or willful misconduct of CITY.

13. LIMITS OF INSURANCE NOT LIMITING INDEMNIFICATION. If any action or proceeding is brought against the Indemnities by reason of any of the matters against which CONTRACTOR has agreed to indemnify the Indemnities as above provided, CONTRACTOR, upon notice from CITY, shall indemnify, defend, protect, and hold harmless the Indemnities at CONTRACTOR's expense. The Indemnities need not have first paid any of the matters as to which the Indemnities are entitled in order to be indemnified. The CONTRACTOR should assure that the insurance required to be maintained by CONTRACTOR under this Agreement shall ensure CONTRACTOR's obligations under this Section, but the limits of such insurance shall not limit the liability of CONTRACTOR hereunder. Acceptance of insurance certificates required under this Agreement does not relieve the CONTRACTOR from liability under this Section. CONTRACTOR’s obligation and duty to indemnify, defend, protect, and hold harmless set forth in this Section shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of any of the CONTRACTOR's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or Claims for damages. The provisions of this Section 17 shall survive the expiration or early termination of this Agreement.

14. ASSURANCE FOR OBLIGATIONS. If any action or proceeding is brought against the Indemnities by reason of any of the matters against which CONTRACTOR has agreed to indemnify the Indemnities as above provided, CONTRACTOR, upon notice from CITY, shall indemnify, defend, protect, and hold harmless the Indemnities at CONTRACTOR's expense. The Indemnities need not have first paid any of the matters as to which the Indemnities are entitled in order to be indemnified. The CONTRACTOR should assure that the insurance required to be maintained by CONTRACTOR under this Agreement shall ensure CONTRACTOR's obligations under this Section, but the limits of such insurance shall not limit the liability of CONTRACTOR hereunder. Acceptance of insurance certificates required under this Agreement does not relieve the CONTRACTOR from liability under this Section.

CONTRACTOR’s obligation and duty to indemnify, defend, protect, and hold harmless set forth in this Section shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of any of the CONTRACTOR's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or Claims for damages. The provisions of this Section 17 shall survive the expiration or early termination of this Agreement.

15. INSURANCE. CONTRACTOR shall maintain insurance coverage in accordance with the following during the course of its performance hereunder:

(A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent CONTRACTORs’ liability) with the following minimum limits of liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000.

(B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non-owned automobiles with the following minimum limits of liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000.

(C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the CITY.

(D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California.

(E) Prior to commencement of services hereunder, CONTRACTOR shall provide CITY with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide:
(1) The CITY, and its officials, officers, agents, and employees are named as additional insured (with the exception of Professional Liability and Worker’s Compensation).
(2) The coverage provided shall be primary (with the exception of Professional Liability and Worker’s Compensation) as respects to CITY, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by CITY or its officials, officers, agents or employees shall be in excess of
CONTRACTORs’ insurance and not contributed with it.
(3) The insurer shall provide at least thirty (30) days prior written notice to CITY of cancellation or of any material change in coverage before such change or cancellation becomes effective.

(F) With respect to Workers’ Compensation Insurance, the insurer shall agree to waive all rights of subrogation against CITY and CITY personnel for losses arising from work performed by CONTRACTOR for CITY, and the insurer’s agreement in this regard shall be reflected in the Workers’ Compensation Insurance endorsement.

16. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of CITY. CITY’s ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by CONTRACTOR in performance of this Agreement. Such work product shall be transmitted to CITY within ten (10) days after a written request, therefore. CONTRACTOR may retain copies of such products.

Any re-use by CITY shall be at the sole risk of CITY and without liability to CONTRACTOR.

17. RECORDS AND INSPECTIONS. CONTRACTOR shall maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. CONTRACTOR shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours.

18. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service.

19. CONFLICT OF INTEREST. CONTRACTOR agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and CONTRACTOR shall comply with all applicable federal, state and county laws and regulations governing conflict of interest.

20. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. CONTRACTOR may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement.

21. RIGHT TO TERMINATE. CITY may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice.

22. EFFECT OF TERMINATION. Upon termination as stated in Paragraph “16” of this Agreement, CITY shall be liable to CONTRACTOR only for work performed by CONTRACTOR up to and including the date of termination of this Agreement, unless the termination is for cause, in which event CONTRACTOR need be compensated only to the extent required by law. CONTRACTOR shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit “B” attached hereto. Such payment will be subject to CITY’s receipt of a close-out billing. The insurance and indemnity obligations of this Agreement shall survive termination, as to any claim received relating to the services provided.

23. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney’s fees paid and/or incurred in good faith. “Prevailing Party” shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply, and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties’ mutual settlement, arbitration, or mediation of the dispute.

24. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by CONTRACTOR shall be construed to be both a covenant and a condition.

25. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the CITY and CONTRACTOR. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns.

26. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties.

27. DESIGNATED REPRESENTATIVES. The CONTRACTOR Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the CITY. The CITY Representative (B) designated below shall act on the CITY’s behalf as Project Manager.
(A) Southland Transit
Attn: Jason Snow
3650 Rockwell Avenue
El Monte, CA 91731
[email protected]
(626) 258-1310

(B) CITY of Baldwin Park
Attn.: Sam Gutierrez
14403 East Pacific
Avenue Baldwin Park, CA
91706
[email protected]
om
(626) 960-4011 ex. 460

24 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery, by mail or email. Notices shall be directed to CITY’s Designated Representative identified in Paragraph “2” of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written.

CITY OF BALDWIN PARK

By:

Emmanuel J. Estrada
Mayor

Dated:

Approved by

By:

Marco A. Martinez
CITY Attorney

Dated:

CONTRACTOR: Southland Transit, Inc

By:

Jason Snow
Vice President/COO

Dated:

TRANSIT SERVICES AGREEMENT Exhibit A- Scope of Services A. Approach
Monitoring: CONTRACTOR shall establish adequate monitoring systems, both administratively and in the field, to assure quality service provision.

Key Staff: CONTRACTOR shall identify key staff, including a single contact person with whom the CITY will have regular contact on daily operational issues. Said key staff shall be generally available to CITY staff during regular business hours and available to dispatch staff at all times when vehicles are operational. In addition, the CITY will require identification of key management level persons with whom CITY representatives may require periodic contact.

B. Service
The hours and days of service for Fixed Routes and Dial-A-Ride services are described in the Schedule of Performance Exhibit “C”.

C. Purchase of Optional Services (Special Trips)
In addition to regular operations, CONTRACTOR may, from time to time, upon receiving specific written authorization from CITY, be asked to provide special transportation services using Transit Services vehicles. These special services will be provided when determined by the CITY to be in the public interest, do not interfere with Transit Service’s regular operation and are in compliance with applicable federal and state statutes. The CONTRACTOR shall be paid for these services at the variable hourly rate as designated in the Cost Proposal. Such requests can be anticipated of the CONTRACTOR at a minimum of 1 hour per service on an average of 6 events per year. CITY will notify CONTRACTOR of the request within a reasonable time for the CONTRACTOR to prepare.

Hours associated with optional services are not included in the annual revenue service hour projection.

D. Calculation of Revenue Service Hours
CITY shall compensate CONTRACTOR for the management and operation of services for the CITY’s Transit Services based on Exhibit B- Schedule of Compensation.

The overall definition of a Revenue Service Hour is the actual time when the vehicle is available to the passengers and there is a reasonable expectation of carrying passengers that directly pay fares. Definitions by mode follow:

1. Fixed-route service definition: The time from the beginning of the first published route start-time, through to the end of the last run of the day (published route end times), exclusive of any times when the vehicle is not running due to driver breaks, lunch breaks, fueling time or when otherwise removed from scheduled service.

Payment shall not be made for scheduled services that are not provided. The time from the transportation yard to the beginning of the route and from the end of the route back to the transportation yard shall not be included in the Revenue Service Hour. Fueling time is never considered a Revenue Service Hour.

2. Demand response definition: The time from when a vehicle makes its first pick-up through the time of its last drop-off, excluding driver breaks and lunch breaks, fueling time and downtime for road calls. Driver time to and from breaks, as well

as lunch breaks, will be excluded. Fueling time is never considered a Revenue Service Hour, but rather “dead head” miles if bus refuels mid-day.

E. Adjustments to Services
It is expected that Transit Services will be periodically adjusted, as determined by the CITY at its sole discretion, and in consultation with the CONTRACTOR. Modifications may include, but are not limited to, adding, or deleting bus stops, extending, deleting, or adding routes, or parts of routes, and expanding or decreasing service hours by up to 10% in either direction without changing the revenue service hour rate. This increase or decrease shall be considered from a base figure of 19,976 annual revenue hours.

Any such modifications in the number of service hours within the 10% levels established in this Scope of Work shall not require a modification of the revenue service hour rate provided in the “Schedule of Compensation” attached hereto and incorporated into this Agreement as “Exhibit B”. Such modifications of an increase or decrease within the 10% level shall be agreed upon and provided for in writing.

Any other change by the CITY in the Scope of Work that results in a modification to the number of service hours beyond the prescribed 10% levels shall permit the CONTRACTOR to renegotiate an increase in service rates. CONTRACTOR shall supply CITY with documentation of changes in costs resulting from the modification of the number of service hours or change in the Scope of Work.

For the purpose of this section, any changes to revenue service hour levels that result from modifications are deemed effective at the time that modifications are made.

The CITY will notify the CONTRACTOR a minimum of thirty (30) days in advance of any major service changes. However, minor service changes may be made in a shorter timeframe with the mutual agreement of the CITY and the CONTRACTOR.

F. Resources and Facilities
The CONTRACTOR shall provide adequate resources to perform the work as described, providing the CITY with a quality service that is responsive to customers. CONTRACTOR facilities shall be located such that the CONTRACTOR can meet the requirement of bring a back-up vehicle into service within fifteen (15) minutes. This means that the back-up vehicle shall leave the CONTRACTOR facilities within fifteen (15) minutes of notification of the in-service problem. This standard shall apply to both fixed-route and demand service modes.

G. Equipment - Vehicles
The CITY shall provide the CONTRACTOR with the Transit Service vehicles that meet the Federal Transit Administration’s (FTA) service-life standard. The CITY shall provide vehicle licenses and registration. These vehicles shall be used only for the Transit Services, unless otherwise authorized by the CITY.

The CITY and CONTRACTOR recognizes that during the term of this Contract, engines, transmissions, differential and/or HVAC units of CITY-Owned Vehicles, that are no

longer under warranty, may have to be rebuilt or replaced. If the CONTRACTOR determines that an engine, transmission, differential and/or HVAC unit requires rebuilding or replacement, the CONTRACTOR shall notify the CITY immediately after making such determination and, subsequently, in writing, detailing the reason for such a determination. The CONTRACTOR will proceed with work upon receiving written authorization from the CITY. If the CONTRACTOR's maintenance personnel perform the work, only the cost of the parts, as approved by the CITY, will be reimbursed by the CITY. All labor costs associated with the removal, replacement, or installation of engines, transmissions, and differential units, including associated replacement of attachment devices, gaskets, seals, etc., are the responsibility of the CONTRACTOR and are not eligible for reimbursement. If the CITY authorizes the replacement of engines, transmissions, and/or differential units to CITY Service Vehicles be performed by an independent outside CONTRACTOR, the CITY will pay for all parts and labor costs associated with this work.

H. Fuel
The CITY is responsible for all fueling costs for assigned CNG vehicles. A CNG fueling station is available to the CONTRACTOR at the 14747 Ramona Blvd (Los Angeles County Public Works Maintenance Yard). As an alternative, the CONTRACTOR may fuel at the CITY of El Monte’s CNG fueling station at 3629 Cypress Ave. in the CITY of El Monte.

CONTRACTOR will be provided access to these fueling facilities either immediately before or after the times that revenue services are scheduled, in order to permit its drivers to fuel revenue vehicles in a timely and efficient manner.

Contactor will be responsible for all gasoline fuel costs. The CONTRACTOR’s responsibility for gasoline costs presumes that all Fixed Route vehicles will utilize CNG fuel.

I. Other Equipment

1. Radios Transit – The CONTRACTOR will be responsible for providing their own radios on an “as needed” basis. The CONTRACTOR shall be responsible for proper maintenance, licensing and replacement when required of said equipment and shall comply with all applicable federal statutes and regulations in connection with such use.

2. Phone Number and TDD. The CONTRACTOR shall provide a reservation phone number and Telecommunication Device for the Deaf (TDD). The CONTRACTOR shall be responsible for the installation, maintenance, and proper performance of the equipment.

The CONTRACTOR shall also maintain additional telephone lines, as well a general administrative line. The CONTRACTOR shall bear all costs associated with transferring this customer service number to the CONTRACTOR’s facility. The CONTRACTOR shall supply at least five (5) dedicated incoming reservation lines in rotary or digital for Transit Services. The telephone system must be capable of handling 20-30 calls during the peak hours. The CONTRACTOR shall bear all applicable charges associated with maintaining and operating the reservation phone lines and equipment. Upon termination of the contract the CITY reserves all right to the continued use of Transit Services reservation phone numbers.

The CONTRACTOR shall specify the telephone number, other than the customer service number, by which to facilitate communication between the CONTRACTOR Project Manager and the CITY.

The CONTRACTOR shall maintain a facsimile machine, at the dispatch center, for communication with the CITY. The CONTRACTOR shall also have e-mail capability.

3. Computer-Assisted Dispatching Software – The CONTRACTOR shall utilize computer-assisted software to facilitate the smooth operation of demand response services. The CONTRACTOR will be responsible for making key staff persons available for the required number of training hours and/or days and for the subsequent implementation and ongoing use of the software package.

J. Personnel
The CONTRACTOR shall be solely responsible for the provision and satisfactory work performance of all employees. The CITY shall have the right to demand removal from the project, for a reasonable cause, any personnel furnished by the CONTRACTOR, throughout the term of this agreement.

1. Converge of Dispatch Office: Personnel with dispatch capabilities shall staff the CONTRACTOR’s office during revenue service hours, all times when vehicles are in revenue service. Telephone service shall be provided at CONTRACTOR’s expense. This shall include special service periods, such as later evening service and holiday service when revenue services are being provided.

2. Project Manager: The named project manager shall be available to CITY staff during regular business hours. The project manager shall not be replaced without naming a replacement acceptable to the CITY and, to the extent possible, ensuring sufficient lead- time/ training time to minimize any gap in on-site management.

3. Driver Qualifications: The CONTRACTOR shall furnish drivers who are at all times: Legally licensed to operate a bus in the State of California with a valid California Class B or Class C driver’s license as applicable to assigned vehicles and medical examination certificate, as well as any other licenses required by applicable Federal, State or local regulations.

4. Testing and Driving Records: To the extensive legally permissible, CONTRACTOR shall provide a program for drug testing of drivers and other personnel in a form reasonably acceptable to the CITY. CONTRACTOR shall have in place pre-employment and random testing procedures in full compliance with Federal drug-testing law (40 USC, Section 702, Drug- Free Workplace Act, 1988; 40 CFR, Part 29.600-29.635, Subpart F. Drug-Free Workplace).

The CONTRACTOR shall submit to the CITY semi-annually updated listings of drivers employed to provide service to the Transit Services operations. In no event shall the CONTRACTOR employ any person as a driver who possesses a driving record with a citation for driving under the influence or a history of motor vehicle moving violation or accidents.

5. Training: All drivers shall receive initial and ongoing training in, at minimum:
 defensive driving
 passenger assistance techniques, including operation of lift-equipment.  Los Angeles County’s Fixed-Route Service Standards Related to Persons with Disabilities and Complementary Paratransit Service Standards Related to Persons with Disabilities
 general vehicle handling and safety
 passenger relations

“New Hire” training shall be no less than the minimum required by law and shall include both classroom and behind-the-wheel training. Drivers are required to receive at least 50% of their defensive driver training and the “hands on” portion of the sensitivity training prior to providing service in this program. All remaining new–hire driver training must be completed no more than thirty (30) days after any given driver begins providing service.

“Refresher” training is required for all drivers on an annual basis and may be addressed through routine safety meetings. Monthly safety meetings shall be conducted for all staff associated within this contract to advise them of changes in procedure and to reinforce practices related to provision of quality service. The CONTRACTOR shall maintain records of new-hire training completion and safety meeting attendance.

6. Driver Wage Levels: The CONTRACTOR shall develop driver wages that meet requirements established by local, state or federal law.

7. Driver Responsibilities: In addition to their routine driving responsibilities, drivers will, when requested by the CITY, hand out notices to passengers or otherwise render assistance in CITY’s monitoring and marketing activities. Drivers are required to collect fares, tokens, and honor special passes, accept and distribute transfers.

CITY may occasionally require driver cooperation and assistance with on-board passenger surveys, bus stop alighting counts, or similar data collection processes during the course of the regular service day.

8. Maintenance Manager. The CONTRACTOR shall provide the services of a qualified maintenance manager. This individual may be the lead mechanic.

The Maintenance Manager shall have a minimum of three years journeyman level experience, including experience working on transit-type vehicles and experience in directing the work of other maintenance personnel.

K. Fares

1. Passenger Fares: Passenger fares will be collected from every person boarding the vehicle, with the exception that children age 2 and younger are free when accompanied by a fare paying adult. Some exceptions in fare payment may be extended by CITY policy. The CITY reserves the right to adjust passenger fares at any time. Fares received by the operator shall be enumerated daily by mode (demand response vs. fixed route) and ideally by route. The CONTRACTOR shall be

responsible for tracking varying fare programs (i.e. Easy- pass program, TAP, Disabled persons, senior discount fares, etc.)

2. Fare Collection and Reporting: CONTRACTOR personnel shall be responsible daily for counting fare box revenue. Fares shall be credited to the CITY in the monthly invoice, reported at minimum by mode of service. CITY reserves the right to audit passenger fares and fare collection procedures at any time, at its sole discretion.

L. Maintenance

1. Vehicle Maintenance: All vehicles used in service to the CITY shall be maintained in safe, comfortable and clean working order. CONTRACTOR at its sole cost and expense, shall provide all repairs, parts, lubricants and supplies required for operation of buses, except as otherwise provided for in this Scope of Work

CONTRACTOR shall ensure that adequate preventive maintenance is in place at reasonable intervals to forestall the need for major repairs. CONTRACTOR shall have the facilities and personnel to provide all routine repairs, although sub-contracts for bodywork or selected major repairs are acceptable. Maintenance records must be maintained and kept current and submitted monthly with CONTRACTOR invoice package. All vehicle repair or maintenance work must be performed or approved by a certified vehicle mechanic. CONTRACTOR personnel must have the ability to repair or to procure service for accessory equipment such as, but not limited to, fare boxes, radios and lift equipment.

2. CHP Terminal Yard Inspections. The CONTRACTOR shall obtain satisfactory ratings from the California Highway Patrol Motor Carrier Safety inspectors on their annual terminal inspection and certification process, pursuant to the California Vehicle Code (Section 34501 (c) and (e). The CONTRACTOR shall provide the CITY with a copy of the inspection certification and documentation of the repair or replacement of any items so cited within thirty (30) days of receipt from California Highway Patrol. The CONTRACTOR shall notify the CITY within twenty-four (24) hours of an “unsatisfactory” rating. In the event of such a rating, the CONTRACTOR is required to undertake actions necessary to obtain a “satisfactory” rating within thirty (30) days and to be responsible for scheduling a repeat inspection with the California Highway Patrol.

3. Safety Inspections: The CONTRACTOR shall perform daily safety inspections of vehicles prior to beginning each day’s service. Vehicles failing the daily inspection shall not be used in service until the reason for failure is corrected. The CITY reserves the right to ensure that vehicles are properly maintained and in safe operating condition at all times. For passenger comfort, the heating and air conditioning units of all vehicles must be kept in proper working order.

The CITY may inspect vehicles at any reasonable time and may bar a vehicle from a service until any identified problem is corrected. The CONTRACTOR may be required, at CONTRACTOR’s expense, to transport the vehicles to CITY’s designated inspection facilities. CONTRACTOR and CITY will meet and agree at such time to determine if a replacement vehicle is needed and the rate of compensation.

4. Vehicle Cleaning: All vehicles shall be cleaned throughout, both inside and out.

Vehicle interiors shall be cleaned prior to each day of service, including daily sweeping and wiping of surfaces as required. Once weekly washing of interior sidewalls, floors, seats, handrails and stanchions, and inside windows shall be required. Interior of vehicles shall be cleaned sufficiently that they are odor-free, as determined by CITY in its sole discretion. A biological hazard clean-up kits will be available on each bus for incidental cleaning of human bodily fluids and solids. Vehicle exteriors shall be washed at least once weekly or more often if needed. CONTRACTOR shall maintain an up-to-date record of all washings and major cleanings. Said record shall be made available to CITY upon request.

Vehicles may be removed from service upon request by CITY for unacceptable interior or exterior appearance or unacceptable odor.

5. Graffiti: Graffiti shall be removed from vehicles daily.

6. Physical Damage: All physical damage to vehicles shall be repaired within ten (10) working days of occurrence in a high-quality manner, regardless of cause. Any extension of days required for repair must be authorized by the CITY.

7. Security: CONTRACTOR shall provide for sufficient security at the CONTRACTOR’s yard in order to ensure adequate protection of the vehicles in use for this service.

M. Americans with Disabilities Act

1. The CONTRACTOR shall assist the CITY in fully complying with elements of the Americans with Disabilities Act of 1990 as it relates to operation of the fixed-route service.

2. Customer comments/complaints received by the CITY shall be transmitted to the CONTRACTOR for responses, within twenty-four (24) hours. Complaints received directly by the CONTRACTOR shall be similarly documented. A monthly report shall be transmitted to the CITY for review within 10 days of the month end. If the CITY receives two or more verifiable customer complaints on the same driver within one quarter, the CITY reserves the right to request that the driver be removed from this program.

N. Accident, Incident and Emergency Procedures

1. Accidents or Incidents the CITY requires the CONTRACTOR to have an accident/incident and emergency notification program that keeps the CITY notified of accidents/incidents or emergencies and the progress of claims to assure the CITY that claims are promptly and fairly handled. All accidents must be reported to the CITY by telephone within three hours or at the beginning of the next business day, if the accident occurs at night, and in writing within 24 hours. Service-related incident reports filed by drivers must be provided to the CITY on, at minimum, a once weekly basis. The CONTRACTOR must assume all liability for accidents and worker compensation claims, etc.

2. Emergencies The CONTRACTOR shall comply with all local, state and federal

disaster preparedness and emergency preparedness and response standards, procedures and protocols, including, but not limited to, those which may be established by the State Office of Emergency Services (OES) and the Federal Emergency Management Administration (FEMA). The CONTRACTOR shall be familiar with the Incident Command System (ICS), and, if requested by the CITY, and at no additional cost to the CITY, the CONTRACTOR shall cooperate with, and participate in, any disaster/emergency response exercise scheduled by the CITY. Any request for the CONTRACTOR to participate in such an exercise shall be made in writing at least thirty (30) days prior to the scheduled date of the exercise.

In the event of an emergency or natural disaster, the CONTRACTOR shall make available, to the maximum extent possible, transportation and communications services and facilities to assist the CITY in ameliorating such incidents. To the extent the CITY requires the CONTRACTOR to provide such emergency services and facilities the CONTRACTOR shall be relieved of the obligation to fulfill the duties and responsibilities to operate services herein above contained. Further, the CONTRACTOR shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by the CONTRACTOR and the CITY following the conclusion of the emergency or disaster, or at such other time as they may mutually agree. Training of personnel in emergency procedures shall be the sole responsibility of the CONTRACTOR and shall be included in the new hire and monthly safety meeting training program.

O. Invoicing (Payment by CITY)
The CONTRACTOR shall submit a detailed invoice to the CITY on a monthly basis. The CITY will pay the CONTRACTOR within fifteen (15) working days from the date of submission, contingent upon receipt of a Monthly Operations Summary containing passenger, other requested operating statistics, summary of fares collected, and the corresponding fares credit to the CITY. Payment may be delayed by the CONTRACTOR’s untimely submittal of the monthly reporting summaries with the monthly invoice. The CITY may, at any time, conduct an audit of any and/or all records kept by the CONTRACTOR related to this service.

P. Records and Reports
The CITY will work closely with the CONTRACTOR in monitoring use patterns of service and the viability of the schedules. Changes to the routing and/or scheduling, as it relates to improving the quality of local services and potentially connecting with regional transportation services, may be anticipated and will require the cooperative efforts of the CONTRACTOR and the CITY.

Monthly reporting will be required of the CONTRACTOR in a format that will comply with NTD Reporting. Routine reporting requirements over the term of the contract will include but may not be limited to the data items detailed below. The CITY reserves the right to request modifications or additions to CONTRACTOR’s reporting format and content.

Monthly reporting by service type and route to the CITY shall include, at a minimum, but not limited to:
 Total Passengers – number of riders (noting fare type, free boardings and transfers

for in–service vehicles, system wide and by route.)
 Passenger Boarding on the Lift – system wide and by route.  Total Vehicle revenue Hours – number of hours vehicles are in revenue operation, system wide and by route.
 Total Vehicle Hours – including deadhead, system wide and by route.  Total Vehicle Revenue Miles – number of miles vehicles travel in revenue service, system wide and by route.
 Total Vehicle Miles Report – detailing revenue service and deadhead mileage (to include training, maintenance, or other mileage), system wide and by route or service type.
 Total Revenues Collected – total cash fares collected from passengers and total non-cash fares recorded, system wide and by route.
 Total transfers issued for Fixed-Route – by fixed-route mode only.  Total Transfers received for Fixed-Route – by fixed-route mode only.  Total Accidents and Road Calls – All types.
 Passenger Use of Bike Racks –Fixed route, system wide, and by route.  Late Loops and Missed Loops per Billing Period - Fixed route mode and by route.  No-Shows, Cancellations and Trips Completed - Demand response service and by mode.
 On-Time Performance – sample from each route of at least five time checks per route per reporting period, reporting percentage of time vehicles are at time points zero minutes early and up to five minutes late of time points checked.  Missed Service Hours – hours or fractions thereof of scheduled service not provided.
 Accurate hours worked per month for all employees for computation of FTEs.

At CITY’s request, bus stop counts of passenger on-off counts by stop will be collected by the driver or other staff, as mutually agreed to by CITY and CONTRACTOR.

CONTRACTOR personnel are also expected to report missing bus stop signs, damaged or graffiti bus stops or bus stop shelters observed during the course of normal transit operations. CONTRACTOR personnel are asked to report accidents or suspicious activity observed during the course of normal transit operations.

CONTRACTOR records shall be stored for no less than five (5) years after end of contract term or termination, final payment in a safe and secure place.

Q. Minimum Service Standards
The following represents Transit Services minimum services standards. These may be periodically adjusted during the course of the contract, with input from CONTRACTOR. It is the goal of CITY to maximize productivity while maintaining a high level of customer service. Based on the previous performance history these standards are achievable and represent the reasonable expectation of the CITY and transit riders.

Baldwin Park Area Transit Service Standards

MEASURE STANDARD
Demand Response Service
A. On-Time - pick up within 40-minute window of call, based on dispatch estimate
 90%
B. Average Wait-Time (elapsed 40 min. time between an
immediate service request and passenger pick-up)
40 minutes
C. Average Service Time (wait-time plus ride time although may be longer for service to/from outlying areas)
 60 minutes
D. CITY DAR Productivity (passengers per hour)  2.5 pass. per hour Fixed-Route Services
A. On-Time Performance (zero minutes early and up to five minutes after the scheduled arrival time)
95%
B. Scheduled Hours of Operation (completion of scheduled service hours)

99.5%
Overall System
A. Customer Complaints (verifiable complaints, 3 monthly not including questions or comments
3 monthly
B. Average Time Hold (Reservation Line) 60 seconds

R. Performance Standards and Liquidated Damages
The CONTRACTOR shall always strive to provide a service in a manner that will maximize service reliability and at the same time maximize customer service. This includes maintaining a high trip completion level and operating within the specified arrival and departure times. To encourage this, a liquidated damage clause will be included in executed Agreement and may be instituted by the CITY with written notice to be provided to the CONTRACTOR in advance of implementing liquidated damage clauses. The anticipated language follows:

Anticipated Contract Language Related to Performance Standards: CONTRACTOR shall provide timely and reliable transit service. This includes maintaining high trip completion levels and operating within the specified arrival and departure times. To encourage this, the liquidated damage described below may be instituted by CITY.

Implementation of liquidated damage clauses may be further delayed at the sole discretion of CITY and may not be initiated during the first twelve (12) months of operation, at any time during the term of this Agreement, again at the sole discretion of CITY.

Determination of liquidated damage shall be made utilizing sampling methods mutually agreed to by CITY and CONTRACTOR. The following liquidated damage clauses shall apply:

1. Completion of scheduled service hours at 99.5% is the minimum level of

acceptability. The CONTRACTOR shall pay to the CITY as liquidated damages the amount of Two Hundred Fifty Dollars ($250) for each separate day of service not meeting that level, with a maximum of $1,000 monthly.

2. On-time performance of 95% of sampled runs per month is the minimum level of acceptability. The CONTRACTOR shall be assessed by the CITY the amount of Two Hundred and Fifty Dollars ($250) per month if sampled trips reflect on time performance below 90%.

3. Liquidated damages – Customer complaints that are verified to have a basis in fact, arise from CONTRACTOR’s performance, received by the CITY within 48 hours of the incident, and meet or exceed a rate of three (3) during any calendar month may result in a liquidated damages assessment of Two Hundred and Fifty Dollars ($250) for that month.

4. The parties hereto acknowledge and agree that the actual damages which would be suffered by the CITY in the event CONTRACTOR acts or fails to act in the manner set forth would result in substantial damages to the CITY but the amount of such damages would be difficult, if not impossible, to ascertain due to the nature of this Agreement and the nature of such damages. Accordingly, the parties, pursuant to applicable law, have determined to establish the provision of this Section as and for CITY's damages for such acts or failures to act, and not as a penalty, and further agree that such damages are reasonable. Each of the parties hereto specifically acknowledges agreement to the reasonableness thereof under the circumstances. CITY shall be entitled to take such other legal remedies as may be appropriate for such acts or failures to act, including but not limited to termination of this Agreement.

Related to measurement of performance, the CONTRACTOR and the CITY shall develop a mutually agreeable method for sampling on-time performance; it is anticipated that the CONTRACTOR shall be responsible for trip sampling presented in its monthly report and that CITY shall undertake its own on-time performance checks.

S. Ongoing Planning and Marketing
The CONTRACTOR shall participate with the CITY in the design and implementation of any reasonable changes in the system’s operating characteristics. Also, recognizing the CONTRACTOR’s expertise, the CONTRACTOR shall advise the CITY of any observations that suggest modifications to the service may be warranted – in such areas as routing, scheduling, marketing and so forth – for purposes of improving the transit service. Implementing the CONTRACTOR’s suggestions shall be at CITY discretion.

CITY shall be responsible for the design, printing, and procurement of all schedules, passes, tickets and like materials required by service operations. CONTRACTOR shall assist with distribution and dissemination of such materials in accordance with the provision of this Scope of Work and under directions subsequently provided by the CITY.

CITY is exploring electronic fare media and may, during the term of this agreement, elect to install electronic fare payment equipment, at CITY’s expense.

T. Insurance

The CONTRACTOR, simultaneously with the execution of the Contract, will be required to furnish certificates evidencing that the required worker’s compensation and liability insurance is in effect.

Evidence of California Worker’s Compensation Insurance with Statutory Coverage and Employer’s Liability limits shall meet all State minimum requirements. A waiver of Subrogation Endorsement in the CITY’s favor shall also be required from the CONTRACTOR’s insurer.

Insurance levels to be detailed in the Agreement are as follows and shall represent the minimum insurance requirements to be in force at all times during the execution of revenue service as described herein. Certificates of Insurance, dully executed, shall be provided to the CITY before work commences. Prescribed insurance levels are:

Workers' Compensation
• Statutory California workers' compensation coverage;
• Employer's liability with minimum limits of $1 million per accident and $1 million per disease, each employee and policy limit;
• An original endorsement stating the CITY shall receive at least thirty (30) days' notice prior to cancellation or non-renewal of coverage.

Liability Insurance
• General liability insurance (or equivalent
form) Blanket contractual liability
coverage
Broad form property damage liability coverage
Personal injury liability coverage
Products and completed operations liability coverage

• Automobile liability insurance (or equivalent form)
Coverage for owned, non-owned and hired
vehicles Blanket contractual liability coverage

The liability coverage shall not be less than Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the CONTRACTOR's operations within the CITY of Baldwin Park and Los Angeles County or the general aggregate limit shall be twice the required occurrence limit.

The CITY, its officials, agents, and employees shall be named as additional insureds and various requirements in the contract regarding endorsement of the CITY shall be complied with, including the provision to the CITY of a Certificates of Insurance and additional insureds endorsements of the type and amounts specified, provided to the CITY prior to the start of the fixed-route service. The CITY shall ask to review the liability insurance policy of the successful Proposer to further ensure that its requirements are addressed.

Insurance offered to meet CITY requirements from this project must be maintained with firms licensed in California and recognized by the State with current A.M. Best’s rating of no less than “A.”

U. Receipt of New Vehicles and at Contract End
The CONTRACTOR shall acknowledge receipt of the vehicles and equipment, as well as vehicles subsequently added to the fleet, and that said items have been received in good condition and working order. The CITY will inspect the vehicles prior to award of contract and periodically during the contract term.

When new vehicles are received by CITY, CONTRACTOR shall assist CITY and may, if directed, act as agent of CITY in new vehicle inspections, prior to approving vehicles for placement into service.

Upon termination of the contract, the CONTRACTOR shall return all CITY or County owned equipment, with no deferred maintenance or damage, less reasonable wear and tear. The CONTRACTOR shall, at its sole expense, repair or replace any CITY or County owned equipment which may be damaged or lost by reason of collision, negligence, abuse, vandalism, or other like cause. The CONTRACTOR shall bear the cost of any identified repairs which have not been completed prior to the end of the contract period.

Said costs shall be deducted from the CONTRACTOR’s final payment. However, in no event shall the CONTRACTOR’s liability exceed actual cash value of vehicle(s) and equipment so damaged.

If and when the CITY determines that it will replace an existing transit vehicle(s), CONTRACTOR shall meet with the CITY to determine what reduction in compensation if any will be credited to the CITY in recognition of reduced maintenance costs typically associated with newer vehicles.

TRANSIT SERVICES AGREEMENT Exhibit B- Schedule of Compensation

Type of Service Annual Revenue Service
Hours
First Year Revenue
Service Hourly Rate
Fixed Route 11,256 $84.40
Dial-a-Ride 8,720 $84.40
Total Hours 19,976 $1,685,974.40

The revenue service hour rates shown above are retroactively applied as of December 1, 2023, and remain in effect through December 31, 2024. Revenue service hour rates will be adjusted based on Consumer Price Index (CPI) for all urban consumers in Los Angeles-Riverside-Orange County on January 1, 2025. This increase will be at a minimum of three (3) percent and maximum of five (5) percent.

TRANSIT SERVICES AGREEMENT Exhibit C- Schedule of Performance

1. Description of Service Modes:

A. Fixed Route Services: The Fixed-Route service consists of four (4) buses and two (2) trolleys. It includes one route called the “Teal Line” and buses run in a clockwise manner through the city. The other route is called the "Pumpkin Line” with buses running counterclockwise to the Teal Line. The trolleys run on North and South bound routes that provide “Express Service” between Baldwin Park’s Metrolink Station and the CITY’s south business district.

B. Demand Service (Dial-A-Ride): The Dial-A-Ride service if an ADA accessible program serving riders within the limits of the City of Baldwin Park. This service is intended to provide transportation for senior citizens aged 60 and over as well as persons with disabilities, by group load or Individual service. Currently there is a 40- minute response time allowance with the average response being approximately 20 minutes.

Door-to-door service is provided. Trip requests are made in advance or on the day the individual wishes to travel. Advanced reservations (taken up to two weeks in advance) and subscription/standing order trips account for less than 10% of the ridership. Services are predominantly next-day or same-day reservations. Riders typically request service at the time they are ready for transport. Priority is given to ID patrons with medical and rehabilitation appointments. Regular patrons are encouraged to apply for and obtain a City issued Dial-A-Ride card so that it may be shown to the driver when the individual's disabling condition is not immediately apparent

2. Hours and Days of Operation
 Fixed-route service will be provided on the designated routes during the week, approximately 249 weekdays per year and 107 weekends and holidays per year, depending upon when certain holidays fall. Vehicles are expected to be in revenue service according to the City’s published timetables.  Demand response (Dial-A-Ride) services will operate between the hours of 7 AM and 6 PM on Weekdays, and between the hours of 8 AM and 3 PM on weekends and holidays.

3. When there is a possibility of the same holiday being celebrated on more than one date, City shall set the date. The Holidays observed are:
 New Year’s Day
 Presidents Day
 Martin Luther King’s Day
 Memorial Day
 Independence Day
 Labor Day
 Thanksgiving Day
 Christmas Eve

 Christmas Day

4. Revenue Service Hours – For the purposes of this agreement, annual revenue service hours are projected to be 19,976.

Contract No. 24T01002
1 2024

CNG REFUELING AGREEMENT
(Engagement: Refueling Station Location: Cypress Avenue Fueling Center – 3629 Cypress Avenue, El Monte, CA)
(Parties: City of Baldwin Park and City of El Monte)

THIS CNG REFUELING AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2024 (hereinafter, the “Effective Date”) by and between the CITY OF EL MONTE, a municipal corporation (hereinafter, “CITY”) and the CITY OF BALDWIN PARK (hereinafter, “ PURCHASER”). For the purposes of this Agreement, CITY and PURCHASER may be referred to collectively by the capitalized term “Parties. ” The capitalized term “Party” may refer to CITY or PURCHASER interchangeably, as appropriate.

RECITALS

WHEREAS, CITY owns and operates a compressed gas natural (“CNG”) refueling center located at 3629 Cypress Avenue, in the City of El Monte (“Refueling Station”); and

WHEREAS, on February 21, 2023, the City of El Monte City Council approved Resolution No. 10426, enabling the Public Works Director to execute agreements for the sale of CNG to private entities, municipalities, and other public agencies; and

WHEREAS, Resolution No. 10426 gives the Public Works Director the discretion, as part of negotiating and executing said agreements, to formulate and adjust fueling schedules and adjust CNG fuel rates, provided that any such adjustment does not amount to the gifting of public resources; and

WHEREAS, Resolution No. 10426 further enables the Public Works Director to delegate the above-described authority to the Transportation Operations Manager , said delegation to be in writing, specifying the scope and duration of such delegation; and

WHEREAS, CITY seeks to make its CNG available to interested purchaser s to promote the use of clean burning fuel vehicles; and

WHEREAS, PURCHASER desires to purchase CNG from CITY ’s Refueling Station on an on-going basis.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and PURCHASER agree as follows:

Contract No. 24T01002
2 I.

ENGAGEMENT TERMS

1. TERM: This Agreement shall have a term of one (1) year commencing as of the date that the Agreement was executed by all the Parties hereto (hereinafter, the “Initial Term”). The Agreement may be extended by CITY subject to its same terms and conditions for one (1) extension term of one (1) year, provided the CITY issues written notice of its in tent to extend the Term of the Agreement prior to the expiration of the Initial Term.

2. SCOPE OF SERVICES:

A. CITY will allow PURCHASER to refuel its compressed natural gas vehicles at the Refueling Station during those days and hours indicated in the Refueling Schedule, which is attached hereto and incorporated herein as Exhibit “A”.

B. Each fuel dispenser at the Refueling Station shall have a corresponding logbook for recording the refueling of PURCHASER’s vehicles.

PURCHASER’s vehicle operators shall r ecord the quantity for each compressed na tural gas purchase in the logbook as well as such other information as may be required to complete the log entry.

C. PURCHASER acknowledges, understands, and agrees that CITY’s provision of compressed natural gas shall be subject to its availability and with priority of use in favor of the CITY’s own vehicle fleet. By execution of this Agreement, CITY does not guarantee any minimum allocation of compressed natural gas to PURCHASER, nor shall CITY be required to pay any additional costs incurred by PURCHASER in procuring compressed natural gas from an alternative source in the event CITY is unable to provide compressed natural gas to PURCHASER in the quantities desired by PURCHASER.

D. This Agreement is non-exclusive, and CITY reserves the right to enter into similar agreements for the purchase of compressed natural gas with other persons or entities.

E. Those vehicles of PURCHASER , a list of which is to be supplied and included as part of Exhibit “A”, are authorized to refuel at the Refueling Station and shall indicate the following information on the inside door of the vehicle: the vehicle’s fueling capacity and p.s.i. (“Pounds Per Square Inch”) rating, which shall be either 3000 p.s.i. or 3600 p.s.i.

F. It shall be PURC HASER’s responsibility to determine whether the type of fuel provided by CITY at the fueling station is suitable for PURCHASER’s vehicles and whether CITY’s fuel dispensing equipment is compatible with PURCHASER’s vehicles. CITY shall not be liable or otherwise responsible for any damages caused to PURCHASER’s vehicles by the fuel it provides, nor shall CITY be liable or otherwise responsible to the extent any damage Contract No. 24T01002
3 to PURCHASER’s vehicles is attributable to the incompatibilities between PURCHASER’s vehicles and CITY’s fuel dispensing equipment. Upon request, CITY shall provide PURCHASER with basic information about the type of fuel supplied and the general specifications of CITY’s fuel dispensing equipment.

3. COMPENSATION:

A. CITY agrees to sell compressed natural gas dispensed to PURCHASER at CITY’s Refueling Station at an initial rate of Two Dollars and Ninety-Nine Cents ($2.99) per gasoline gallon equivalent (hereinafter, the “Fuel Rate”).

Following the end of each month CITY shall issue an invoice detailing the quantity of compressed natural gas dispensed to PURCHASER during the month in gasoline gallon equivalents along with the sums owed for such consumption. PURCHASER shall pay all sums due under the invoice within thirty (30) days from the date of the invoice.

B. CITY, in its sole and absolute discretion, reserves the right (but does not assume the obligation) to adjust the Fuel Rate from time to time to reflect increases or decreases in the cost to CITY of acquiring compressed natural gas and operating the Refueling Station. CITY shall use its best efforts to provide Purchaser with prior written notice of any anticipated adjustments to the Fuel Rate but the failure of CITY to provide such notice shall not operate to prohibit the implementation of any such adjustment by CITY.

4. INSURANCE:

A. Commercial General Liability Insurance : PURCHASER will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent . Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, op erations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance : PURCHASER will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liabi lity, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2 ,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both PURCHASER and CITY against any loss, claim or damage arising fro m any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contract No. 24T01002
4 PURCHASER in the course of carrying out the Work contemplated in this Agreement.

D. REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds.

Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best ’s Insurance Guide, have an A.M. Best ’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor ’s rating of no less than BBB according to the latest published edi tion of the Standard & Poor ’s rating guide. As to Workers’ Compensation Insurance/Employer’s Liability Insurance, CITY is authorized to lower ratings than those set forth in this Section.

E. PRIMACY OF PURCHASER’S INSURANCE: All polic ies of insurance provided by PURCHASER will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of PURCHASER’s insurance and will not contribute with it.

F. WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit PURCHASER from waiving the right of subrogation prior to a loss. PURCHASER hereby waives all rights of subrogation against CITY.

5. INDEMNIFICATION: The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers ( hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way relate d to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law.

PURCHASER acknowledges that CITY would not enter into this Agreement in the absence of PURCHASER’s commitment to indemnify, defend and protect CITY as set forth herein.

6. TERMINATION FOR CONVENIENCE : CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination.

7. DEFAULT; SUSPENSION: In the event either Party fails to perform, or adhere to, any applicable duty, obligation set forth under this Agreement (or fails to perform or adhere to any such duty or obligation at the time, place or in the manner set forth under this Agreement) an event of default (hereinafter, “Event of Default”) shall have occurred. Except as otherwise provided under this Agreement, if an Contract No. 24T01002
5 Event of Default remains uncured by the defaulting Party for a period in excess of fourteen (14) calendar days from the date upon which the non -defaulting Party issues written notice of default (hereinafter, a “Default Notice”) to the defaulting Party, then the default shall constitute a breach of this Agreement. If a Party is in breach of this Agreement, the non -breaching Party may pursue any and all remedies available to it at law or in equity. An Event of Default relating to the Purchaser’s failure to timely pay any sums due pursuant to Section 3, above, shall constitute a breach of this Agreement if not paid within the 30-day payment period provided under Section 3, above. If PURCHASER is in breach of this Agreement or if PURCHASER has caused an Event of Default which in the reasonable judgment of CITY threatens injury or death to persons or property, CITY may immediately suspend PURCHASER’s authorization to refuel its vehicles a t the Refueling Station. CITY’s authority to suspend PURCHASER’s fueling privileges under this Section shall be in addition to any other remedies available to CITY under this Agreement or at law or in equity.

8. NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

PURCHASER:

City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Attn: Enrique C. Zaldivar,
City Manager

CITY:

City of El Monte
Transportation Services Division
3990 Arden Drive
El Monte, CA 91731-2798
Attn: Sarah Zadok
Phone: (626) 580-2217

Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepared and addressed to the Party at its applicable address.

9. GOVERNING LAW AND VENUE : This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

10. ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

11. SUCCESSORS AND ASSIGNS : This Agreement shall be binding on the Contract No. 24T01002
6 successors and assigns of the Parties.

12. NO THIRD-PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

13. CONSTRUCTION OF AGREEMENT : This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

14. SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

15. AMENDMENT; MODIFICATION: No amendment, modification or supp lement of this Agreement will be valid or binding unless executed in writing and sig ned by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

16. ENTIRE AGREEMENT : This Agreement, including all attached exhibits , constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and PURCHASER prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 15, above.

17. COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification , or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 15, above. One fully executed original counterpart will be delivered to PURCHASER and the remaining two original counterparts will be retained by CITY.

(SIGNATURES ON NEXT PAGE)
Contract No. 24T01002
7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY:

CITY OF EL MONTE
By:

Public Works Director or
Transportation Operations Manager
Date:_______________________
PURCHASER:

CITY OF BALDWIN PARK
By:

Name:

Title:

Date:_______________________
APPROVED AS TO FORM:

By: _____
Richard Padilla
Assistant City Attorney
Date:____________________________
Enrique C. Zaldivar
Chief Executive Officer
Contract No. 24T01002
8 EXHIBIT “A”

REFUELING SCHEDULE

The below noted compressed natural gas (CNG) vehicles shall be fueled at El Monte’s Refueling Center located at 3629 Cypress Avenue, El Monte, CA, at the below mutually agreed upon times:

Monday through Friday:
8:00 a.m. – 7:00 p.m.

Saturday:
10:00 a.m. – 7:00 p.m.

El Monte will provide the City of Baldwin Park’s management staff a gate clicker to allow access into the City’s CNG Refueling Station.

We understand that fueling emergencies may arise and fueling time adjustments may need to be made, but agencies are to contact the Transportation Services Division office at (626) 580 -2217 for authorization prior to bringing a vehicle to the station outside of above-referenced days and times. If you are unable to speak with a City employee before or after regular office hours, please contact James Gonzalez at (909) 443-9208.

VEHICLES AUTHORIZED TO FUEL AT EL MONTE REFUELING STATION:

VIN Make Model Odometer

City of El Monte – Transit and Paratransit Operations - RFP 1

3 TABLE OF CONTENTS

Request for Proposals
Transit and
Paratransit/Dial-A-Ride
Operations - 2022

In the City of El Monte, County of Los Angeles
State of California

October 7, 2021

ALMA K. MARTINEZ

CITY MANAGER

SALVADOR MENDEZ

DIRECTOR OF PUBLIC WORKS AND UTILITIES

SARAH ZADOK

TRANSPORTATION OPERATIONS MANAGER

City of El Monte

Comm
Comm Public Works Department
Transportation Services Division
3990 Arden Drive
El Monte, CA 91731
Phone: 626-580-2217
Fax: 626-580-2238
E-mail: [email protected]

El Monte City Hall
11333 Valley Boulevard
El Monte, CA 91731

City of El Monte – Transit and Paratransit Operations - RFP 1

City of El Monte
Request for Proposals (RFP)
October 7, 2021
Transit and Paratransit Operations – 2022

Submittal: To be accepted and considered, proposals shall be submitted in three-ring binders and contain one (1) unbound original, four (4) copies, and one PDF copy on a flash drive of the completed proposal which must be enclosed in a sealed package and addressed as stated on the cover sheet. The outside of the submittal package must be clearly marked: “PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE AND PARATRANSIT SERVICES CONTRACT 2022”
Proposals must be received no later than 4:00 PM, PT on Tuesday, November 23, 2021. Proposals received after this deadline will not be considered.

Addressed to: City Clerk
City of El Monte
11333 Valley Blvd.

El Monte, CA 91731
Attn: Sarah Zadok, Transportation Operations Manager

A non-mandatory virtual pre-proposal meeting will take place at 1:30 PM Pacific Time, Thursday October 28, 2021. The meeting will be held online using Microsoft Teams.

Log-in credentials for the MS Teams meeting will be posted on PlanetBids.

Bidders are strongly encouraged to participate in the pre-proposal meeting.

Questions or clarifications regarding this Request for Proposals must be submitted no later than 2:00 PM (PT) on Monday, November 1, 2021 via PlanetBids.

In PlanetBids - Select Ask Question. You may be prompted to log in if you have not already done so. Enter your first question and select Done. You may ask as many questions as necessary by selecting Add. You can edit or delete questions in your list.

Once you have asked all your questions select Submit.

Responses to any inquiries will be issued with an Addendum posted on PlanetBids no later than 5:00 PM, Tuesday, November 9, 2021.

Submittal of Proposals: Please submit one original and four (4) copies and one PDF copy on a flash drive of the completed proposal . Proposals are not to exceed 75 pages in length (double -sided page to count as two pag es) excluding resumes, the required Forms and Appendi ces to be returned with the Proposal. Further, the audited financial City of El Monte – Transit and Paratransit Operations - RFP 2 of 77

statement, driver training manual, and safety manual will not be counted towards the 75- page limit. Please use recycled paper and print on both sides, when possible.

All proposals must be sealed in a package showing the following information on the outside:

Addressed to: City Clerk
City of El Monte
City Hall East
11333 Valley Boulevard
El Monte, CA 91731
Attn: Sarah Zadok, Transportation Operations Manager

Proposer’s name, address, fax number, phone number and email address. “Proposal for the City of El Monte Fixed Route and Paratransit Services Contract 2022 ” and proposal due date.

The proposal package must be mailed or delivered to the above address prior to the closing date and time for receipt of proposals. Proposers mailing or shipping their proposals must allow sufficient delivery time to ensure timely receipt of their proposals by the time specified. Late proposals will not be accepted.

Submission of a proposal shall constitute acknowledgement and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.

The City of El Monte is an equal opportunity employer. Qualified firms owned by women, minorities and disabled persons are encouraged to submit a proposal.

(Important: Email and faxed proposals will NOT be accepted, and submissions of this sort will be disqualified from the competitive process.)

The tentative schedule and description of events for this process is [All times are Pacific Time]:

City of El Monte – Transit and Paratransit Operations - RFP 3 of 77

NOTICE REGARDING DISCLOSURE

OF CONTENTS OF DOCUMENT
All responses to this Request for Proposal (RFP) accepted by the City of El Monte (City) shall become the exclus ive property of the City. At such time as the Transportation Operations Manager recommends a contractor to the City Council, all proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly ma rked as “Trade Secret”, “Confidential” or “Proprietary”. Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non -specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

Event Date

1. RFP Issued October 7, 2021

2. Non-Mandatory Virtual/Online Pre-Proposal
Conference 1:30 PM, Thursday, October 28, 2021

3. Deadline for submitting written questions 2:00 PM, Monday, November 1, 2021

4. Response/Issuance of Addendum 5:00 PM, Tuesday, November 9, 2021

5. Proposals Due [Note: Non-public opening.] 4:00 PM, Tuesday, November 23, 2021

6. Interviews (if necessary) TBD

7. Date for recommendation to City Council for award TBD (01/18/22 or 02/01/22)

8. Contract Begins July 1, 2022

City of El Monte – Transit and Paratransit Operations - RFP 4 of 77

REQUEST FOR PROPOSALS (RFP)

EL MONTE TRANSIT AND PARATRANSIT OPERATIONS

TABLE OF CONTENTS

I. Description of the Project 7
A. Background 8
B. Scope of Services 10
C. Penalties/Liquidated Damages 39

II. Instructions, Conditions and Notices to Proposers 45 A. General Administrative Information 45
B. Proposals 47
C. Submittals 51
D. Non-Mandatory Pre-Proposal Conference & Questions 53 E. Closing Date 53
F. Selection Process 54
G. Proposal Protest Procedures 56
H. Draft Agreement 58
I. Vehicle Lease Terms 58
J. Federal Funding Requirements 60
K. Compliance with Laws and Requirements 61

III. Requirements and Required Qualifications of Proposers 62 A. Experience 62
B. Organization 62
C. Resource Allocation 62
D. Staffing 63
E. Hiring and Personnel Policies 63
F. Accounting and Reporting 63
G. Financial Responsibility 64
H. Reservations & Dispatch Function 64
I. Equipment 64
J. Maintenance, Storage and Refueling of Vehicles 65
K. Maintenance Program 65
L. Safety Program 65
M. Screening and Selection Program 65
N. Training and Retraining Program 65
O. Data Collection 66
City of El Monte – Transit and Paratransit Operations - RFP 5 of 77

P. Innovation and Route Reconfiguration 66
Q. Implementation/Transition Plan and Time Schedule 66

IV. Contractor Duties and Responsibilities: Maintenance 67 A. Maintenance – General 67
B. Maintenance and Operations Facility 67
C. Maintenance Management and Personnel 68
D. Preventive Maintenance 69
E. General Maintenance Policies 69
F. Daily Vehicle Servicing 70
G. Daily Driver’s Inspections 70
H. Vehicle Cleaning 71
I. Fuel 71
J. Vehicle Towing 72
K. Emission Control Programs 72
L. Maintenance Evaluations 72
M. Out-of-Service Designation 72
N. Maintenance Records and Reports 73
O. Vehicle Maintenance Recordkeeping 75
P. Environmental Compliance 75
Q. ADA Compliance 76

EXHIBITS
A. Route Maps and Time Schedules
B. Dial-A-Ride Program Handout
C. Dial-A-Ride Service Area Map
D. Out-of-town Trip Generators
E. “Transit Operator’s Notice” of Reasonable Modifications/Accommodation Requirements for Fixed Route Transit
F. City-Owned Vehicle List
G. Sample – City Master Agreement
H. Fixed Route Driver Trip Sheets and Data Spreadsheets I. Dial-A-Ride Driver Trip Sheets and Data Spreadsheets J. Department of Labor Letter of August 10, 2012
K. City’s “Reasonable Modification/Accommodation Requirements” L. Unusual Incident Report

City of El Monte – Transit and Paratransit Operations - RFP 6 of 77

FORMS

1. 1A through 1D (and Optional Form 1E) Cost Proposal for Fixed Route Transit and Cost Proposal for Dial-A-Ride

2. Proposal Letter/Certificate of Acceptance

3. Proposal Check Sheet

4. Performance Bond

5. Certification Regarding Lobbying

6. False Claims/False Claims Act Certification

7. Civil Litigation History/Civil Litigation Certification

8. State of California Drug Free Workplace Certification

9. Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters

10. Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members

APPENDIX

1. RC – DBE Instructions

2. Federal Contract Clauses

3. Compliance with Laws and Requirements

City of El Monte – Transit and Paratransit Operations - RFP 7 of 77

REQUEST FOR PROPOSALS (RFP)
EL MONTE TRANSIT AND PARATRANSIT OPERATIONS - 2022

I. DESCRIPTION OF THE PROJECT

The City of El Monte (hereafter referred to as “the Cit y”) is soliciting proposals from qualified firms to provide transportation services as outlined in Part I. Section B, Scope of Services. All proposals shall be for the complete management, maintenance and the operation of Fixed Route Transit (FRT) and Paratransit/Dial-A-Ride (DAR) services.

The City reserves the right to award separate contracts for the operation of fixed route transit services and Dial-A-Ride services.

This Request for Proposal (hereby referred to as “RFP”) is soliciting separate cost proposals for fixed route transit and paratransit/Dial-A-Ride services for a period of five (5) years, with three (3) one -year options to extend (hereinafter “Term” or “Agreement Term”).

Proposers may respond to this RFP either one of the following two ways:
• Proposals submitted by one Proposer to provide fixed route transit and/or paratransit services within their company; or
• Proposals submitted by p artnerships between multiple Proposers to jointly provide the fixed route transit and paratransit services. Und er this scenario, there will be only one prime Contractor with Subcontractor(s) providing a portion of the work.

City of El Monte – Transit and Paratransit Operations - RFP 8 of 77

A. BACKGROUND

With a population of approximately 116,000 residents, t he City of El Monte is the tenth largest city in Los Angeles County . The City, which lies between two major freeways (I- 60 and I-10), is located in the San Gabriel Valley, east of Los Angeles.

The City of El Monte began providing local transit services Monday – Saturday in 1988 and paratransit services Monday – Sunday in 1989. Sunday fixed route transit was provided in December 2014, with funds initially provided through FTA’s JARC Grant.

These programs are currently funded with Prop A Local Return funds.

FIXED ROUTE SERVICE DESCRIPTION

In December 1988, El Monte Transit, formerly known as the “El Monte Trolley Company,” began Monday – Saturday fixed route transit operations with four routes. Significant growth led to the introduction of an additional route in November 1990 for a total of five routes (Red, Blue, Yellow, Green and Orange) serving the City, shown in Exhibit A.

Over 376,350 passengers were transported in fiscal year 18 -19, with 21,400 revenue hours. Seven (7), 32’ compressed natural gas transit buses are used to meet contracted transit needs.

RED ROUTE
The Red Route has been in operation since 1988. The Red Route operates in a clockwise loop through the northwest portions of El Monte. Its major trip generators include office buildings along Valley Boulevard, shopping centers along Lower Azusa Avenue, Arroyo High School, Lambert Park, Metro Bus Station and several elementary schools along the route before returning to the El Monte Trolley Station (7.7 miles per loop).

BLUE ROUTE
The Blue Route has been in operation since 1988. The Blue Route operates in a clockwise loop through the northeast portions of El Monte. Its major trip generators include the businesses and shopping centers along Peck Road, several elementary schools and Zamora Park before returning to the El Monte Trolley Station (8.0 miles per loop).

YELLOW ROUTE
The Yellow Route has been in operation since 1988. The Yellow Route operates in a counterclockwise loop through the southeast portions of El Monte . Its major tr ip generators include government and office buildings along Valley Boulevard; El Monte’s Aquatic, Community and Senior Centers; Five Points Shopping Center ; El Monte High School; Mountain View High School; Mt. View Park; Arceo Park and several elementary City of El Monte – Transit and Paratransit Operations - RFP 9 of 77

schools along the route before returning to the El Monte Trolley Station (6.5 miles per loop).

GREEN ROUTE
The Green Route has been in operation since 1988. The Green Route operates in a clockwise loop through the southwest portio ns of El Monte. Its major trip generators include government and office buildings along Valley Boulevard and Garvey Avenue, Five Points Shopping Center, Fletcher Park , M etro Bus Station and several elementary schools along the route before returning to the El Monte Trolley Station (5.8 miles per loop).

ORANGE ROUTE
In response to heavy transit demand in the southeast portion of the City, t he Orange Route began operations in November 1990. The Orange Route operates in a clockwise loop through the southeast portions of El Monte. Its major trip generators include government and office buildings along Valley Boulevard, Mountain View High School, El Monte High School ; El Monte’s Aquatic, Community and Senior Citizen Centers; Arceo Park and several elementary schools along the route before returning to the El Monte Trolley Station (6.7 miles per loop).

DIAL-A-RIDE (DAR) PARATRANSIT SERVICE DESCRIPTION

The City of El Monte has operated a paratransit Dial-A-Ride service since 1989. El Monte’s Dial-A-Ride is currently a demand-response system serving the residents of the City of El Monte with curb-to-curb transportation service. Service is available to El Monte residents who are at least 55 years of age or disabled residents of any age. The City maintains a client database of approximately 4,685 DAR registrants. In fiscal year 18-19, 20,278 DAR passengers were transported, with 9,042 paid revenue hours. Five (5) wheelchair accessible vans and one (1) small paratransit bus are used to meet program needs. Exhibit B is the City’s “Dial-A-Ride Transportation” Program handout.

Qualified El Monte residents may use DAR to travel anywhere within the City of El Monte, and up to five (5) miles out of the City for medical appointments. A map of the service area is shown in Exhibit C.

The majority of El Monte DAR trip generators are for healthcare. A detailed list of some out-of-town trip generators is provided in Exhibit D.

MAINTENANCE AND FUELING FACILITIES

Fixed Route Transit:

City of El Monte – Transit and Paratransit Operations - RFP 10 of 77

El Monte Transit buses are owned by the City of El Monte. All vehicles are operated and maintained at the current Contractor’s operations facility. The City provides CNG fuel for all City-owned buses, with fuel dispensed from El Monte’s CNG refueling station located at 3629 Cypress Avenue in El Monte.

Dial-A-Ride Program:

The Dial-A-Ride vehicles are owned by the City of El Mont e. All vehicle s are operated and maintained at the current Contractor’s operations facility. Contractor provides fuel for all vehicles.

B. SCOPE OF SERVICES

The City is soliciting proposals for fixed route transit services and paratransit services for a Contract Services Agreement (hereinafter “Agreement” or “Contract”) for a term of five (5) years, with three (3) one-year options to extend. The Agreement will become effective immediately upon execution by all parties (hereinafter “Effective Date”). Contractor shall begin operation services beginning on July 1, 2022 (hereinafter “Operations Date”).

Starting on the first day of the Agreement Term, the Contractor shall provide safe, efficient and economical bus service according to the fixed route maps and schedules published and approved by the City.

The Contractor shall also provide safe, efficient and economical paratransit Dial-A-Ride service for El Monte’s elderly and disabled passengers.

As an integral part of providing both fixed route and paratransit services, the Contractor shall:
• Comply with all service standards and provisions outlined in the RFP; • Take steps necessary to ensure the safety and reasonable comfort and convenience of the public utilizing these services;
• Charge only such fares as may be directed by the City; • Comply with all policies, practices, procedures, terms and conditions as may be directed by the City with regard to collection, security for disposit ion of fares and any other service revenues;
• Comply with all policies, practices, pro cedures, terms and conditions as may be directed by the City with regard to matters such as passes, tickets, coupons, tokens, transfers, transfer systems, interconnections between different modes of transportation and interconnections between different transportation agencies; • Comply with all policies, practices, procedures, terms and conditions required by City of El Monte – Transit and Paratransit Operations - RFP 11 of 77

use of Federal, State, and other funds;
• Comply with all policies, p ractices, procedures, terms and conditions as may be directed by the City with regard to the availability and distribution of schedules and other printed material for such service and related transportation services, including distribution of such schedule s and materials on vehicles providing services under the Agreement;
• Conduct such serv ices, and its business and operations as they relate to such services, in a safe, sound, economical, efficient, and customer-friendly manner; • Comply with all City efforts to improve efficiency; and • Comply with all applicable provisions of Federal, State a nd local law s and regulations including, but not limited to , the following : 49 Code of Federal Regulations (C.F.R.) Parts 27, 37, and 38; 49 C.F.R. Part 609; 28 C.F.R. Parts 35 and 36; and 41 C.F.R. Part 101 -19; 49 U.S. C 5333 (b) Transit Employee Protection

FIXED ROUTE OPERATIONS

The Contractor shall provide all facilities, equipment, supplies, services and personnel necessary to operate El Monte transit services unless specifically identified in this document.

Schedules
The fixed route transit servic e operate s per printed schedule provided by the City.

Schedules are printed with departure times at “time points” along the route. Schedules are attached as Exhibit A.

Additional Stops
Additional transit stops along each route are made at Metro and Foothill bus stops and at nearside corners of controlled intersections.

Service Holidays
Fixed route services do not operate on the following holidays:
▪ New Year’s Day (first day of January)
▪ Presidents’ Day (February)
▪ Easter Sunday
▪ Memorial Day (last Monday in May)
▪ Independence Day (fourth day of July)
▪ Labor Day (first Monday in September)
▪ Thanksgiving Day (fourth Thursday in November)
City of El Monte – Transit and Paratransit Operations - RFP 12 of 77

▪ Christmas Day (twenty-fifth day of December)
* Service will end at 5:30 p.m. on Christmas Eve and New Year’s Eve

Required Driver Services (Fixed Route Transit)

In addition to operating the vehicle and performing a pre-trip inspection of the vehicle prior to operation, including cycling of the wheelchair ramp, fixed route drivers are required to perform the following functions:
• Operate wheelchair lift and secure wheelchair passengers; • Accurately input and maintain detailed passenger and trip information using daily run/trip sheets (Exhibit H) . Failure to maintain accurate daily trip sheets and reports will result in penalties/liquidated damages to the Contractor; • Provide accurate completed daily run/trip sheets to the Contractor’s Fixed Route Operations Manager, who will review and make any needed corrections to the driver’s data input (fuel and mileage odometer readings, etc.). The Manager must sign each form, verifying the information is accurate. The Manager must correctly total the number of passengers by payment method and include a signature verifying the accuracy of the information on the forms, prior to submitting the information to City staff. Failure to provide accurate information to the City (no more than a 5% error rate) will result in penalties/liquidated damages to the Contractor;
• Change destination sign information as needed;
• Collect fares;
• Clearly call out bus st ops (which are time points , major cross streets or at El Monte Transit/Metro/Foothill transfer points) upon app roach, per the City’s “ Transit Operator Notice” of “Reasonable Modification/ Accommodation Requirements for Fixed Route Services,” Exhibit E; • When one or more individual s are standing at a designated City bus stop that also serves other transit agencies (M etro and/or Foothill Transit), a driver is required to stop, open doors and call out the stop location and route – Passengers are not required to flag the driver down per Exhibit E; • When one or more individual s are standing at a City bus stop, drivers are to stop and announce the stop location and route – Passengers are not required to flag the driver down;
• Submit “Unusual Incident Reports” to City after out -of-ordinary incidents arise during the service;
• Hand out and collect on-board passenger surveys;
• Hand out service notifications and promotional gifts; City of El Monte – Transit and Paratransit Operations - RFP 13 of 77 • Fill schedule holders daily before pullout; and
• Other data collection as necessary.

Current Service Statistics
Contractors are requested to submit proposals to operate El Monte’s Fixed Route Transit Program for five (5) years. The City of El Monte seeks to improve on the fixed route transit service delivery. Table 1 shows the Fixed Route Transit Operating Statistics for the last three (3) years.

TABLE 1: Fixed Route Operating Statistics
Table 1: Fixed Route Transit Operating Statistics (Totals may be rounded) Adjustments/Variance in Vehicle Service Hours and/or Service The City may elect, at its discretion, to modify or change the service criteria. Modifications may include, but are not limited to:
• Adding or deleting service area or routes
• Increasing, decreasing, or changing operating hours
• Expanding or decreasing service hours.

If the number of Vehicle Revenue Hours (VRH) varies by more than 25%, the City and Contractor will renegotiate the V RH rate for that contract year. Only the marginal costs (driver wages and vehicle maintenance) will be renegotiated.

Charter Service
Contractor may, from time to time, be requested to provide special transportation service in addition to those described in this RFP. The Contractor shall provide this service under the same terms and conditions of the contra ct, unless agreed to otherwise. The

FIXED ROUTE
TRANSIT FY 18-19 FY 19-20 FY 20-21
Actual Vehicle
Revenue Miles 178,388 175,564 181,003
Vehicle Revenue
Hours 21,266 21,326 21,307
Total Miles 184,443 184,893 187,378
Total Trips 25,940 26,045 26,010
Total Passengers 376,359 297,821 143,568
Operating Expense $962,628 $1,048,172 $1,143,185
Farebox Return $146,800 $114,929 $56,367
City of El Monte – Transit and Paratransit Operations - RFP 14 of 77 Contractor will not be allowed to use any vehicles for charter service, unless directed to do so by the City. Examples of the City’s possible approved charter services are:
• Transporting residents or employees during emergencies • City of El Monte sponsored events
Emergency Operations
The El Monte Transit vehicles may be called upon to provide emergency transportation during City emergencies. The Contractor shall provide the City with the following:
• A lockbox located at the Contractor’s site, with keys (if applicable) to all City-owned vehicles;
• Keys and alarm codes to access the Contractor’s facilities, key lockbox, and vehicles (if applicable);
• All vehicles will be fueled and ready for service; each vehicle must have a full tank prior to morning service, with the exception of out-of-service vehicles displaying red tags/signage placed on the steering wheel;
• An up-to-date list of all local drivers’ names and phone numbers to be called into service if needed, at any time day or night, within a 60-minute window; • A current list to the City of cell and home phone numbers for key staff; and • Vehicles deployed in a manner described by the City of El Monte.

The City will pay each driver who provides emergency transportation service a minimum of four hours-worth of work.

City-Owned Vehicles
The City of El Monte will furnish City-owned vehicles as specified in Exhibit F. Contractor shall use and operate all City equipment only in accordance with the terms and provisions of the RFP, all applicable Federal, State and local laws and regulations, and solely for the purpose of providing transportation services and other services on behalf of the City.

Title to the vehicles and equipment are registered in the name of the City, and at all times remain the sole property of the City of El Monte. Contractor shall not permit any of the vehicles to become subject to any lien, charge or encumbrance. The City shall retain duplicate s ets of keys for all v ehicles (if applicable). In the event of an after -hours emergency, the City shall have access to all City-owned transit vehicles located at the Contractor’s facilities.

The Contractor shall require that due care is taken in operating and maintaining City vehicles to ensure that the effective vehicle life and road performance is maximized.

City of El Monte – Transit and Paratransit Operations - RFP 15 of 77

PARATRANSIT/DIAL-A-RIDE (DAR) OPERATIONS
The Contractor shall provide all facilities, vehicles, fuel, equipment, supplies, services and personnel necessary to operate the El Monte Dial -A-Ride service, unless specifically identified in this document. City-owned vehicles will be provided by the City.

Hours of Operation
Dial-A-Ride service operates IN CITY during the following hours:

Monday - Friday: 7:00 a.m. - 6:00 p.m.

Saturday: 8:00 a.m. - 4:00 p.m.

Sunday: 8:00 a.m. - 4:00 p.m.

Last pickups are one-half hour before closing.

Dial-A-Ride service operates OUT OF CITY during the following hours:

Monday – Friday (only): 8:00 a.m. - 5:00 p.m.

Last pickups for out-of-town service is 4:30 p.m.

Service Holidays
Dial-A-Ride service does not operate on the following holidays:
• New Year’s Day (first day of January)
• Presidents’ Day (February)
• Easter Sunday
• Memorial Day (last Monday in May)
• Independence Day (fourth day of July)
• Labor Day (first Monday in September)
• Thanksgiving Day (fourth Thursday in November)
• Christmas Day (twenty-fifth day of December)
• Service ends at 5:30 P.M. on Christmas Eve and New Year’s Eve (Monday – Friday)
Required Driver Services (Paratransit/Dial-A-Ride)
In addition to taking the passenger to and from their destination and performing a pre-trip safety inspection of vehicle s, Dial-A-Ride drivers are required to perform the following functions:
• Help passengers in and out of vehicle
• Operate wheelchair lift and secure wheelchair passengers • Collect fares
• Carry and store up to five (5) shopping bags into vehicle for each passenger
City of El Monte – Transit and Paratransit Operations - RFP 16 of 77 • Input and m aintain accurate trip log (s). Failure to maintain accurate dai ly trip sheets and reports will result in penalties/liquidated damages to the driver and/or Contractor (Exhibit I)
• Submit timely “Unusual Incident Reports” to the City, subsequent to each out- of-ordinary incident occurring while in-service
• Hand out service notifications, passenger surveys and promotional gifts • Other data collection as needed
Current Service Statistics
The City of El Monte seeks to improve on Dial-A-Ride service delivery. Table 2 shows the Dial-A-Ride Operating Statistics for the last three (3) years.

TABLE 2: Dial-A-Ride Operating Statistics
Table 2: Dial-A-Ride Operating Statistics (Totals may be rounded) Adjustments to Service
The Dial-A-Ride service may be adjusted throughout the Agreement Term to better serve our clients. The City may elect, at its discretion, to modify or change the service criteria.

Modifications may include, but are not limited to:
• Adding or deleting service areas
• Increasing, decreasing or changing operating hours and/or services offered to residents
• Expanding or decreasing service hours
If the number of Vehicle Revenue Hours (VRH) varies by more than 25%, the City and Contractor will renegotiate the VRH rate (amount paid to Contractor). Only the marginal DIAL-A-RIDE FY 18-19 FY 19-20 FY 20-21
Vehicle Revenue Miles 72,487 61,480 40,998
Vehicle Revenue Hours 9,042 7,057 4,927
Total Miles (Not NTD) 88,977 68,432 46,095
Total Passenger Trips 18,277 16,211 9,469
Total Passengers 20,278 18,128 10,242
Operating Expense $513,039 $470,359 $355,920
Farebox Return $11,310 $10,249 $6,328
Passengers Per VRH 2.24 2.24 2.08
City of El Monte – Transit and Paratransit Operations - RFP 17 of 77 costs (driver wages and maintenance) will be taken into consideration when renegotiating the VRH rate.

Performance Requirements
Passengers per Vehicle Service Hour:
• Regardless of how t rips are to be provided on the DAR system, the Contractor must meet or exceed the City’s standard of 2.25 passengers per vehicle service hour for the first two (2) years and a minimum of 2.5 passengers per vehicle service hour thereafter. Penalties/liquidated damages may be assessed every month if requirement is not met (See Part I. Section C).

Wait-Time Window:
• The wait -time window for DAR trips will be from five ( 5) minutes before the reservation time to 15 minutes after the reservation time (20 minutes) . Trips not meeting this window will be deemed as late and penalties/liquidated damages may be assessed if the monthly on-time performance falls below 97%.

Registration Database
City of El Monte staff handles registration for the DAR system. This includes processing applications and determining eligibility. The City will provide to Contractor a copy of the current database of DAR registrants, which is in a Microsoft Office Access database format. The database includes all information that is included on the DAR registration form and any updates that have been made. The Contractor will be responsible for maintaining the integrity and confidentiality of their database and making a daily backup copy.

Trip Reservation and Dispatching
Telephone Number
• The Contractor will assume financial responsibility for the existing Dial -A-Ride customer service telephone number, which provides local telephone service to residents of El Monte.

Reservations and Customer Service
• The Contractor will provide trained staff to answer the DAR reservation/customer service phone number during all Dial -A-Ride operating hours. All DAR staff must be able to clearly communicate in English. There must always be a staff member(s) immediately available who is fluent in Spanish. If in-house staff is unable to assist all residents, Contractor shall provide an interpreting service to allow communications with El Monte residents of all languages. All calls must be answered within three (3) City of El Monte – Transit and Paratransit Operations - RFP 18 of 77 rings. Customers shall not be put on hold for long er than three ( 3) minutes.

Penalties/liquidated damages may be assessed if these requirements are not met.

Accepting Trip Requests and Scheduling
• Registered Dial-A-Ride customers must be allowed to schedule all out-of-town pickup and return trips in advance (from 24 hours up to one week prior to desired trip). Same- day service is demand response. No more than 20% of the trips during any day can be subscription-based
service. The City will determine a priority system and guidelines for subscription trips.

Dispatch Recordkeeping
• Dispatch supervisors will maintain records that enab le the Contractor to provide necessary data to the City upon request. This will include but not be limited to:
o Total trip request calls
o Number of trip denials
o Reason for trip denial
o Number of trips scheduled
o Number of subscription trips scheduled
o Trip Information
o Customer name and DAR Identification Number
o Vehicle used
o Trip origin and destination
o Scheduled pickup time
o Actual pickup time
o Actual arrival time (at destination)
o Unusual Incidents (Exhibit L)
o Other information as requested.

Fixed Route Notification
Staff must be trained on all the local and regional fixed route transit services/agencies (El Monte Transit, Foothill Transit , Metro, etc. ) within the DAR service area. In order to provide options to City residents, Contractor will be required to give transit information phone numbers to DAR registrants who request to make paratransit trips which alternatively could be provided by El Monte Transit, Foothill Transit or Los Angeles Metro fixed route transit services.

Staff will offer to mail El Monte Transit schedules to customers who are interested in these services. The Contractor will stock current Transit schedules and will mail schedules within 24 hours of a customer’s request.

City of El Monte – Transit and Paratransit Operations - RFP 19 of 77

GENERAL SERVICES REQUIREMENTS FOR TRANSIT AND PARATRANSIT

Vehicle Fueling
All City-owned vehicles provided for transit service will be fueled by the Contractor at the City’s CNG refueling station located at 3629 Cypress Avenue in El Monte or at a designated location determined by City Staff. The City vehicles provided for paratransit services must be fueled by the Contractor at the Contractor’s expense.

Vehicle Maintenance
The Contractor is responsible for maintaining and keeping all vehicles used to provide service under this Contract in excellent mechanical condition. Contractor shall ensure that their employees, vehicles, facilities and equipment meet all applicable laws, codes and safety standards as set by Federal, State and local governments.

The Contractor, at its sole cost and expense, shall provide lubricants, parts, repairs, paint, supplies, labor , road-call services and all other necessary equipment required for the maintenance and operation of the vehicles and equipment utilized in providing contracted transit and paratransit services. All parts and supplies will be Original Equipment Manufacturer (OEM) or approved equals.

The Contractor shall provide a clear and detailed City -approved system of a tiered level ongoing preventive maintenance program, appropriate to the fleet, which meet or exceeds CHP and manufacturer’s standards. Contractor shall mainta in a separate maintenance file for each vehicle containing all maintenance records pertaining thereto.

Contractor shall submit the scheduled maintenance and prevent ive maintenance schedule to the City. Vehicle inspection records for each vehicle must include at minimum the following:
• Inspection Date
• Vehicle Mileage
• Description of Work Performed
• Parts and Supplies Used
• Name and signature of mechanic performing the work
• Signature of Contractor’s Maintenance Manager indicating that the work was performed to the standards specified herein

Mechanic Requirements
The Contractor must always have at least one mechanic (Maintenance Manager included) on staff which has an ASE (Automotive Service Excellence) Medium/Heavy Truck “Master Technician” designation. Contractor must also have at least one mechanic which has an ASE Certification in Heating, Ventilation and Air Conditioning (HVAC) Systems. All mechanics must have alternative fuel maintenance training in Compressed City of El Monte – Transit and Paratransit Operations - RFP 20 of 77

Natural Gas (CNG). Mechanics and service workers must have the appropriate licenses to operate all vehicles.

Pre-Trip Inspection
Contractor shall require each driver to inspect each vehicle with regard to safety, function, and appearance prior to the start of service each day. A daily Pre -Trip Inspection form shall be completed prior to start of service and submitted to the Maintenance Manager for all vehicles. Contractor shall immediately repair or replace, prior to placing into service, any vehicle with a safety or operational problem.

Warranty Maintenance
Neither the City nor the Contractor is the manufacturer of the City’s equipment or the manufacturer’s agent, and neither the City nor the Contractor makes any express or implied warranty of any nature regarding the City’s equipment, including, but not limited to: its merchantability or fitness for any particular purpose; its design or condition; its workmanship; its freedom from latent defects; its compliance with the requirements of any law, rule, specification, or contract; or its non -infringement of any patent, trademark or license.

Provided that the City or the manufacturer has supplied required warranty documents to the Contractor, the Contractor shall take all actions required to preserve any and all manufacturers’ warranties regarding the City’s equipment.

Refueling
City staff shall train the Contractor’s personnel in safety and proper compressed natural gas (CNG) refueling techniques for the Fixed Route Transit Program, prior to fueling the City vehicles. The Contractor shall train the appro priate personnel in proper gasoline fueling techniques for the Dial-A-Ride Program. Contractor shall ensure that under no circumstances shall passengers be allowed onboard the vehicles during refueling. To be prepared for any after -hour emergencies, Contractor shall ensure that each vehicle ha s a full fuel tank before the start of the next service day.

Wheelchair
The Contractor shall ensure that Wheelchair Lifts are operational on all vehicles in the fleet. Penalties/L iquidated Damages may be assessed i f wheelchair lifts fail while in service, and not immediately removed from service and replaced with a backup vehicle.

Climate Control Systems
Contractor shall maintain the heating and air conditioning units in proper working condition so that they are av ailable at any time during the service hours and offer the most comfortable environment inside the vehicle regardless of the outside climatic City of El Monte – Transit and Paratransit Operations - RFP 21 of 77

conditions. Contractor shall require that drivers continually monitor climate control units during the day to ensu re that they are operating properly. In -service vehicles without working heating or air conditioning will be exchanged within one loop or sooner or Penalties/Liquidated Damages may be assessed.

Other Vehicle Systems
The Contractor is responsible for maintaining all other systems onboard the vehicles. This includes:
o Radios
o Public Address Systems
o Destination signs
o Fire suppression equipment
o Security cameras, digital surveillance system , data collection software and hardware, etc.

Vehicle Interior
Contractor shall maintain the interior passenger compartment in good repair. It shall be free of exhaust fumes and deposits from the engine or engine compartment. Contractor shall also ensure that all corners and seams are securely fastened to the floor at all times; that the doors, stop notification devices and public address system work properly. The driver’s area shall be clean at all times. E ach driver’s personal items should be kept in a secure area and out of sight. The dashboard is to be free of papers, tras h and loose materials. The driver’s seat shall be maintained in accordance with the standards stated below for passenger seats. The interior will be checked for damage and cleared of trash at the conclusion of each trip or “loop.” The Contractor or any of its staff may not attach or place any markings on the interior of the vehicle.

Contractor shall perform the following maintenance daily:
• Sweep, clean and remove all trash, gum, sticky substances, fore ign objects, dirt and dust
• Clean driver’s area and dashboard so it is free of dust, stains or grease • Clean all interior and exterior windows , r emoving dust, fingerprints, smudges, writing, water spots, streaks and unpleasant odors
• Clean passenger seats to the extent that they are dust free and free of all fore ign substances
• Clean all ledges, stanchions, handrails, modesty panels, passenger signal strip/cord and remove dust, grease, gum or sticky substances

Contractor shall perform the following interior maintenance each week:
• Replace window (or Inserts) if ANY markings are present City of El Monte – Transit and Paratransit Operations - RFP 22 of 77

• Replace or repair seat (or Inserts) if ANY markings are present • Repair seats if there are ANY rips or tears
• Remove graffiti from ALL interior and exterior surfaces of the vehicle • Replace window glass if scratched, broken or cracked
• Repair or replace damaged schedule holders (fixed route only)

Contractor shall perform the following interior maintenance monthly or sooner if needed:
• Shampoo fabric seats

Exterior
Contractor shall be responsible for assuring that all of the vehicle body c omponents, appurtenances, and frame shall be sound and undamaged and retain original colors. The exterior body shall be free of cracks, dents, scrapes, graffiti and any other markings not approved by the City. The Contractor or any of it s staff may not att ach or place any markings on the exterior of the vehicle without written permission from the City.

Contractor shall perform the following maintenance as needed:
• Clean and/or paint wheel rims after brake jobs

Contractor shall perform th e following mainten ance a minimum of two-three days per week:
• Wash vehicle

Contractor shall perform the following interior maintenance each week:
• Ensure destination signs are working and repair if necessary

Contractor shall perform the following exterior maintenance twice per year:
• Wax vehicle

City Inspections
The City shall have the right to inspect any and all vehicles or cause same to be inspected at any time with or without prior notice to Contractor. The City shall also have the right to demand from time to time a written statement from the Contractor setting forth the condition of the City equipment or any part of it. The Contractor shall furnish such a statement to the City within 10 days after receipt of the City’s demand. Should the City or its designee determine, in its sole discretion, that any City-owned equipment has not been maintained in accordance with the Agreement, the City or its designee shall report all deficiencies to the Contractor in writing. Except for safety-related deficiencies, which shall be corrected as soon as reasonably possible prior to placing the vehicle in service, the Contractor shall have 14 days to correct the reported deficiencies and to notify the City in writing of the correction.

City of El Monte – Transit and Paratransit Operations - RFP 23 of 77

Vehicle Out-of-Service Criteria
The Contractor sh all not operate any vehicle that the City designates as unsafe for service. Vehicles must pass a City inspection after repairs are made and before the vehicle can go back into service. The Contractor is subject to Penalties/Liquidated Damages for having vehicles that are pulled out of service and not repaired and replaced back into service within twenty-one (21) days. The following is the list of criteria used by the City’s Mechanical Maintenance Administrator to determine if a vehicle is unsafe for service:
• Failing a CHP Inspection
• Any violation of Title 49 Code of Federal Regulations, North American Commercial Vehicle Critical Safety Inspection Items and Out Of Service Criteria • Any fuel leak
• Any liquid leakage beyond a minor seepage
• Removal of any component, without replacement, that has not been approved by the City’s designated mechanical maintenance agency
• Identification of any sub standard repair or condition tha t could put the City of El Monte, their employees or the public at risk of health hazard or injury • Overfilling of engine or transmission fluid
• And that which is provided under all local, state and federal regulations

California Highway Patrol Inspections
The Contractor shall maintain satisfactory California Highway Patrol (CHP) terminal inspection throughout the life of the Contract (proof of CHP certification is required). The Contractor must make all vehicles available for inspection by the CHP as necessary. The Contractor must also follow CHP maintenance record guidelines and make all records available for inspection. Penalties/Liquidated Damages may be assessed every t ime a vehicle fails a CHP inspection or re-inspection. The Contractor must notify the City within four ( 4) hours of an inspection failure and state what is being done to correct the deficiency. A copy of the CHP inspection reports shall be forwarded to the City within 24 hours.

Road Calls/Re-route Notification
In the event of a vehicle failure while in service, Contractor shall deploy a vehicle immediately upon notification to replace the failed vehicle. The failed vehicle shall display “Out of Service” o n the front and side Destination Signs. Contractor shall n otify the City within 15 minutes in the event that a vehicle fails while in service or while traveling to or from service. Failure to do so will result in Penalties/Liquidated Damages.

City of El Monte – Transit and Paratransit Operations - RFP 24 of 77

In the event that a re-route becomes necessary (due to road closure, construction, train, etc.), Contractor will immediately notify the City with re-route proposal for City approval.

Miles between Road Calls
Contractor shall monitor miles between road calls for each vehicle used in revenue service. The City will use this information to calculate a monthly average road call interval for both fixed route and paratransit services.

Return of City Vehicles
In the event the initial Agreement Term or any extension thereaft er is terminated or expired, Contractor shall abide by the following conditions:
• All City-owned vehicles and related records shall be surrendered and delivered to the City immediately
• The vehicles must be in appropriate mechanical con dition as specified in Part II, Section I and throughout the RFP. Contractor is responsible for returning vehicles in an acceptable appearance and mechanical condition per Exhibit G, “Sample City Master Agreement”

If Contractor fails to abide by the conditions, any payments du e will be held and, if necessary, amounts may be deducted to cover the cost of providing vehicles or making necessary repairs as per the “Contract Service Agreement” and the RFP.

OPERATIONAL EMERGENCIES

The Contractor shall be responsible for th e enforcement of policies with regard to operational emergencies. The City may revise or establish additional policies. Contractor shall be responsible for the handling and resolution of all operational emergencies and contingencies including, but not limited to, the following:

1. Hazardous Conditions
Transit Operators shall report all hazardous road conditions (i.e., downed trees, potholes and uneven road surfaces, malfunctioning signals, etc.) in the City to the ir supervisor.

Contractor, in turn, shall immediately notify the City of such conditions and shall take necessary precautions to safeguard passengers and personnel.

2. In-Service Vehicle Failures
Contractor shall require the Transit Operators to report any in -service vehicle failure to their supervisor. The supervisor will attempt to ascertain the problem, use good judgment, and instruct the Transit Operator to take appropriate corrective action. If necessa ry, the supervisor will immediately send a spare vehicle to the location, and the Transit Operator City of El Monte – Transit and Paratransit Operations - RFP 25 of 77

and passengers will change vehicle and continue in -service. Contractor, if necessary, shall send a mechanic to the location in order to take corrective measu res and/or supervise the towing of the vehicle. Contractor shall report any in-service vehicle failures to the City immediately and not later than the start of the next service day.

3. Wheelchair Lift Failure
Contractor shall be responsible for the prope r operation and maintenance of all wheelchair lifts. Contractor shall require Transit Operators to report all in -service lift failures to the Contractor's supervisor. If the lift fails while attempting to board a wheelchair passenger, the supervisor shall promptly arrange for alternate transportation for the passenger in the wheelchair inconven ienced by the lift breakdown. If the lift fails while attempting discharge of a wheelchair passenger, the Transit O perator shall manually operate the lift and notify the supervisor. The supervisor shall arrange a vehicle change as quickly as reasonably possible following any lift failure. Contractor shall report all in-service lift failures to the City no later than the start of the next service day.

4. Passenger Disturbances
Contractor shall instruct Transit Operators to report nonpayment of fares; graffiti or other vandalism on the vehicles; pushing, shoving and other disturbing or dangerous conduct; and other serious passenger disturbances to the Transit Operator’s supervisor or dispatcher. The supervisor shall use good judgment in handling the passen ger disturbance by appraising the situation, issuing appropriate instructions to the Transit Operator and request law enforcement assistance if necessary.

5. Medical Assistance to Passengers
Contractor's employees shall use good judgment in responding to passenger accidents, injuries or illnesses occurring on the vehicles. In the event of a passenger requiring medical assistance, the Transit Operator shall immediatel y advise the Contractor's supervisor by radio of the situation and location of the vehicle , and the supervisor shall notify the County Fire Department/Paramedics for assistance. An incident report shall be completed documenting the incident with a copy to the City no later than the start of the next service day.

6. Accidents
Contractor shall require all Transit Operators to report any accident or incident involving the vehicle to the Contractor's supervisor. The supervisor shall use good judgment in handling the situation and shall immediately notify police or fire department if necessary.

The supervisor shall report all accidents to the City by telephone immediately. Both the Transit Operator and supervisor will complete an accident report approved by the City, with copy to the City no later than the start of the next service day. The Contr actor shall submit all accident-related reports to the DMV as required.

City of El Monte – Transit and Paratransit Operations - RFP 26 of 77

ADMINISTRATION REQUIREMENTS FOR FIXED ROUTE AND PARATRANSIT

SERVICES

Project Management
Contractor shall provide the necessary man agement, field supervisors, and administrative personnel with expertise to customary industry standards. Contractor shall manage services in accordance with the guidelines and parameters established herein.

The Contractor shall submit a staffing plan to the City. The City reserves the r ight to approve the final staffing plan submitted by the Contractor.

Supervision
The full-time supervision of the transit services and day-to-day operations shall be vested in the Contractor and shall consist of, but not be limited to, an assigned General Manager.

Under this position will be a Fixed Route Operations Manager, a Paratransit Operations Manager and a Maintenance Manager. Contractor shall assign individual(s) to this operation and those individual(s) shall show, by decision and action, t o be competent in all aspects of services.

Key Personnel
The General Manager, Fixed Route Operations Manager, Paratransit Operatio ns Manager, and Maintenance Manager are all key personnel and will be individually approved in writing by the City before ass uming these positions. These individuals are of critical importance to a successful service operation and are a significant component of the contractor selection process. As a result, Fixed Route Operations Manager and Paratransit Operations Manager, also referred to as “Project Manager(s),” shall be assigned solely to this Agreement and may not be reassigned to any other operation internally or to an associated firm of Contractor without prior written approval of the City, or be assigned tasks outside of the Agreement requirements with the City of El Monte as this may prohibit adequate time required for proper administration, management, maintenance, etc., tasks necessary for providing quality transit and paratransit services to our El Monte community . This paragraph shall not app ly in the event said individual (s) either voluntarily or involuntarily terminate s employment with Contractor. Violation of this paragraph may result in penalties/liquidated damages or other remedies up to and including termination of the Agreement.

The C ity may, at its sole discretion, accept or reject any individual proposed by the Contractor both during the contract startup and for any replacement during the life of this contract. The City may also, at its sole option, require t he replacement of any key personnel.

City of El Monte – Transit and Paratransit Operations - RFP 27 of 77

Reservationists
Dedicated reservationists shall be assigned to this Agreement, ensuring that accurate program information is related to residents and that customer service levels consistently meet Contractor and City expectations.

Employee Selection and Supervision
Contractor shall be responsible for the employment and supervision of al l employees necessary to perform the service operations contemplated under the agreement to be executed with the C ity. Such responsibilities shall include emplo yee recruitment, screening, selection, training, supervision, employee relations, evaluation, retention and termination.

Contractor shall use appropriate driver screening and selection criteria in order to employ drivers. These criteria will include Depar tment of Motor Vehicles license check and physical examination sufficient to meet all applicable requirements for transit and paratransit service vehicle operations.

Contractor shall at all times have in effect an employee substance abuse/alcohol abuse-testing program for all employees in safety-sensitive positions including personnel engaged in the operation, maintenance and control of vehicles and equipment used in the performance of services per all Federal, State and local requirements.

Contractor shall make all reasonable efforts to ensure that employees having contact with the public in the course of their duties are of good moral character. Any such employee who is convicted of a felony or a crime involving moral turpitude before or during the time of his/her employment shall not be permitted to operate any vehicles used in the performance of contracted services.

Contractor shall be responsible to recruit a sufficient number of bilingual employees to ensure that the bilingual communications requirements are met.

Contractor shall at all times comply with applicable state and federal employment laws, including section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964, as amended.

Transit Operator Requirements
Contractor shall employ only such persons as are competent and qualified to provide all services in accordance with the requirements of this RFP and City policies, practices, procedures and standards. All employees shall meet all applicable qu alifications established by the federal, state and local laws and regulations.

City of El Monte – Transit and Paratransit Operations - RFP 28 of 77

Contractor shall conduct pre-employment DMV checks of all personnel hired for service and shall join the California DMV Pull Notice Program, whereby the Contractor shall be notified of any activity on a Transit Operator’s driving record. Contractor shall provide annual pull-notice printouts for each driver who operates vehicles under this contract.

New drivers or drivers that transfer into the programs under this contract will present a DMV printout, no older than 7 days, prior to beginning to drive vehicles under this contract.

Any Transit Operator exceeding the California DMV point system or with a revoked or suspended license will not be allowed to operate the City’s service. Contractor shall notify the City of the results of these checks.

The City reserves the right to require reassignment of drivers or removal completely from service at its sole discretion. Any driver providing service under this Contract wil l at all times be:
• Legally licensed and qualified to operate the vehicles to which they are assigned.

This includes the following requirements:
o Have no reckless driving violations;
o Have no more than three (3) moving violations during the five (5) year period preceding the City permit/licensing renewal;
o Have no more than one (1) moving violation within the twelve (12) month period immediately preceding the City permit/licensing renewal; and o Have n ever been convicted of a drug or alcohol offense, verified by a California Department of Justice cr iminal background check or had his or her license suspended due to a drug or alcohol offense. • Sober and have no addiction to the use of alcohol or controlled substances. If driver is found to be under the influence while driving, they will be subject to immediate termination for cause
• Not subject to any outstanding warrants for arrest
• Alert, careful, courteous and competent in their driving and customer relations habits
• Free from using any personal electronic devices while driving . At no time shall the driver use their cell phone for texting (reading and writing), e -mailing or answering/making phone calls while driving. If driver is found using a personal electronic device, penalties/liquidated damages may be accessed, including driver suspension or termination for cause
• Sensitive to passengers’ needs, including assisting passengers upon their request
• Neat and clean in appearance and in uniform acceptable to the City. Transit Operators shall wear name tags clearly displaying their names while performing their duties
City of El Monte – Transit and Paratransit Operations - RFP 29 of 77

• Knowledgeable about the service area street network
• Able to read, write, speak and understand English adequately as solely determined by the City. Bilingual skills in Spanish, Chinese and Vietnamese are desirable • Able to handle complaints and problems as required
• Drivers must post a driver nameplate in the vehicle, so it is visible to passengers • Transit Operators may not request or in any way solicit tips from customers.

Permits and Miscellaneous Licenses
The Contractor and their employees will hold and provide copies of valid permits, licenses, certificates and other documents as are required by Federal, State, County, City and other governmental or regulatory bodies to legally engage in the services to be provided under this contract. Contr actor will notify the City of any suspension, termination, lapses, non -renewals or restriction of required licenses, certificates, or other documents which may be cause for termination of this Contract. Contractor i s responsible for payment of all related permit and licensing fees.

Drug & Alcohol Testing
Contractors who perform safety -sensitive functions must comply with FTA’s substance abuse management program under 49 C.F.R. part 655 “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.” Contractors providing testing services involving the performance of safety sensitive activities must comply with 49 C.F.R. pa rt 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.” The Contractor must provide an ongoing program for drug and alcohol testing of drivers and other personnel in compliance with the State and US Department of Transportati on Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40) and comply with the Federal Motor Carrier Safety Administration (FMCSA) rule for employees who hold Commercial Driver’s Licenses (CDLs) (49 CFR part 382). o Proof of compliance form, (Form 8), is not required to be filled out and submitted with proposal as FTA monies are not currently funding these programs. If future FTA funds are utilized, Form 8 will be required by contractor.

Driver Uniforms
The Contractor must provide uniforms to all drivers. At minimum the uniform will include coordinating shirts and uniform pants that identify the Contractor’s name and the employee’s name. No denim, jeans or short pants will be acceptable as part of a uniform.

If jackets or cold weather gear is worn it must also be uniformed and clearly identify the Contractor’s name and the employee ’s name. If hats are worn, they must be uniformed with Contractor logo. These uniforms will be subject to City approval.

City of El Monte – Transit and Paratransit Operations - RFP 30 of 77

Driver Training
Transit Operators must be trained in all operational procedures relating to the system.

Training must include techni ques for dealing with the public in a helpful and courteous manner, basic information about the routes and the City of El Monte, and sensitivity and empathy training directed towards the needs of elderly and disabled passengers, in compliance with the Americans with Disabilities Act. Contractor shall describe how it will maintain an ongoing employee safety and training program.

Transit Operators shall be trained to operate all types of vehicles, wheelchair lifts, ramps and securement systems, as well as, other equipment which they may be expected to use in fixed route services. This requirement pertains to all Transit Operators, both regularly assigned and relief Transit Operators.

Contractor shall provide all drivers with initial and ongoing training in , at minimum, the following topics:
• Vehicle operation
• Safe vehicle maneuvering
• Defensive driving
• General vehicle handling and safety
• Emergency first aid
• Cardiopulmonary Resuscitation (CPR)
• Passenger assistance techniques (including operation of lift equipment) • Passenger relations / customer service
• ADA requirements and sensitivity training

Contractor to ensure that ongoing training required by federal, state and/or other governmental or regulatory bodies is provided to staff to maintain proper licenses, certificates, etc., and that detailed driver training records are kept by the Contractor and accessible upon request for review by City staff and the CHP.

City Policy Training
All drivers will be provided an orientation to the City policies related to pas senger assistance requirements, sensitivity issues, fares and other policies. City staff will work with driver training staff to ensure that necessary topics are included in the orientation and may participate on a periodic basis in the orientation sessions and/or safety meetings to review such policies or present changes in policies that impact drivers.

Employment Contracts, Labor Agreements, Labor Protection and Civil Rights The Contractor may deal with and enter into written agreements with its employee s.

Contractor shall notify the City of any labor negotiations being conducted with its employees, shall keep the City fully informed of the status and progress of such City of El Monte – Transit and Paratransit Operations - RFP 31 of 77

negotiations, shall permit the City to observe such negotiat ions if the City so requests , shall confer and consult with the City about the negotiating positions taken by Contractor in such negotiations if the City so request s and shall not enter into or agree to modify or amend any labor agreement without the City’ s prior written approval. Th e City shall not directly negotiate with collective bargaining agents recognized by the Contractor without the Contractor’s consent provided, however, that this provision shall not be construed to prohibit communications or negotiations relating to the City’s obligations and rights under any applicable State laws.

Labor Protections: Transit Employee Protection, Title 49 U.S.C. 5333(b) requires that the interests of employees affected by assistance under most FTA programs shall be protected under arrangements the Secretary of Labor concludes are fair and equitable.

Employee protections under Section 5333(b) are required for FTA funded grants.

Civil Rights and Equal Opportunity: The Contractor agrees to comply with all applicable Civil Rights Statutes and implementing regulations.

Advertising / Promotions
The City will be responsible for advertising and promoting the transit and paratransit programs and will provide the funds and materials nec essary to carry out this responsibility. The Contractor will di stribute promotional materials or assist in public relation activities from time to time and only at the request of the City.

City of El Monte Fixed Route Transit and Paratransit Fares Fixed Route Fares:
• The current transit fare is $0.50 cents per person
The fare for children 5 years and older is $0.50; 4 years and under are free with each paying adult (two maximum per adult).

Paratransit Fares:
• DAR passenger fares differ by service area and trip type:
o One-way trip within the City of El Monte $ 0.50
o One-way trips out of the City of El Monte (medical only) $1.00 Fare Collection and Cash Handling Procedures
The fixed route fleet utilizes fareboxes to collect fares. The Contractor will use a City- approved method for collecting Dial-A-Ride fares. The Contractor will collect and deposit all fare revenues. Fare collection training shall be conducted by the Contractor and proper fare collection shall be enforced by all project personnel.

City of El Monte – Transit and Paratransit Operations - RFP 32 of 77

Farebox revenue shall be retained by Contractor and deducted from the monthly invoice billed to the City. The City will review any and all procedures submitted relating to the collection, recording, depositing and reporting of all cash receipts.

Contractor shall be responsible for providing security over collected funds , equipment in service and all inventoried fareboxes and associated equipment. Contractor shall develop, place into service and monitor procedure controls and security devices that will prevent theft or expose pilferage. Should there be any discrepancies between the actual revenue counts and the estimated revenue counts from the ridership data, and an investigation proves failure to adequately protect the City’s revenues by Contractor, then Contractor is responsible for monetary reimbursement to City.

Radio System
The Contractor is responsible f or any base stations or handheld radios needed for operations. The Contractor will also provide the City one handheld radio programmed to receive all frequencies used for operations.

The Contractor is also responsible for obtaining and paying for the necessary frequencies for the radio system. The cost of proper upkeep of the radios and replacement if damaged is the sole responsibility of Contractor. Contractor shall submit a list for approval of all radio frequencies and call letters to be used for each vehicle.

Payment
The City will pay the Contractor on a “Vehicle Revenue Hour” (VRH) basis, also referred to as “Revenue Hour,” for the fixed route and paratransit services. Transit Vehicle Service Hours are calculated as t he hours of operation of each vehicle during the scheduled operating hours (which includes scheduled layovers). Hours spent deadhea ding to and from the service area or from one route to another, training time, fueling time, lunchtime and storing vehicles d o not constitute service. Missed transit service will also be deducted. Paratransit revenue time will begin when first passenger boards the vehicle and will end when the last passenger is dropped off.

The Contractor will submit a detailed invoice to t he City by the tenth (10th) day of each month. The City will pay the Contractor within sixty (60) working days from the date of submission, provided that the invoice is complete and contains all necessary backup information, reports and other required documents.

All revenues co llected during any month shall be retained by Contractor and (1) accounted for in the monthly report for the month during which it was collected; and (2) shown on the monthly invoice required by this section as a deduction from any amount due to Contractor from the City.

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Trolley Tokens: Contractor shall return all Trolley Tokens collected to the City by the 10th of each month and Contractor shall provide corresponding token fare documentation.

The City will deduct from invoices any penalties/liquidated damage payments due, based upon the City’s determination of performance in relation to the penalties/liquidated damage clauses of the RFP and Agreement.

The City will verify all data provided by Contractor and reimbursements/adjustments due to the City or the Contractor will be made after the close of each fiscal year (No later than September 30th of each year).

Data Collection & Reporting

Fixed Route Operating Data:
• Data collection and reporting on operational matters will be collected and tabulated for services to El Monte residents. Contractor will submit all reports to the City as requested. These reports will include those required by different funding agencies, as well as other reports /data the City may from time to time reque st related to operating performance.

• The following reports must be submitted ACCURATELY (Inaccurate documents/reports/trip sheets will be returned to the Contractor for corrections to be made and documents/reports/trip sheets must be returned to the City within 14 days or penalties/liquidated damages may be assessed):
o Unusual Incident Report (Daily) - Daily report of any out-of-the-ordinary incidents arising in the service to include, but not be limited to, disputes with or among passengers
o Down Vehicle Report (As-Needed) - The Contractor shall send a down vehicle report (faxed or emailed) within one hour of a vehicle going down while in service
o Monthly Operating Summary (Monthly) - The Contractor will submit this report with the monthly invoice. It must in clude, at a minimum, the following information:
▪ Total Monthly Ridership by Route, Bus Run (Loop), and Day ▪ Total Vehicle Revenue Hours (VRH) by Route, Bus Run, and Day
▪ Total Vehicle Revenue Miles (VRM) by Route, Bus Run, and Day
▪ Passengers per VRH by Route and Day
City of El Monte – Transit and Paratransit Operations - RFP 34 of 77

▪ Passengers per VRM by Route and Day
▪ Fares categorized by Route, Bus Run, and Day
▪ Wheelchair Passengers
▪ Token Passengers
▪ Bike Passengers
▪ Free Rides (children 4 and under – two free children with each paying adult)
▪ Access Services Riders (Participants only not Personal Care Attendants PCAs)
▪ Rio Hondo “GO RIO” Participants
▪ Employees riding free with the City Rideshare ID
▪ And other data required by FTA for the National Transit Database (NTD) and the City

(Fixed route transit sample El Monte Daily Trip Sheets and daily/monthly data spreadsheets are attached as Exhibit H for all data currently required).

Paratransit Operating Data:
• Data collection and reporting on operational matters will be collected and tabulated for services to El Monte residents. Contractor will submit all reports to the City as requested. These reports will include those required by different funding agencies, as well as other reports the City may from time to time request related to operating performance.

The following reports mus t be submitted ACCURATELY in hard -copy form (inaccurate documents/reports/trip sheets will be returned to the Contractor for correct ions to be made, and documents/reports/trip sheets must be returned to the City within 14 days or penalties/liquidated damages may be assessed):
o Unusual Incident Report (Daily) - Daily report of any out -of-the-ordinary incidents arising in service to include, but not be limited to, disputes with or among passengers
o Down Vehicle Report ( As-Needed) - The Contractor shall send a Down Vehicle Report within 15 minutes of a vehicle going down while in service o Monthly Operating Summary (Monthly) – The Contrac tor shall submit this report with the monthly invoice. The report must include at a minimum, the following information:
▪ Total Trips Requested
▪ Number of Trips Requested / Number of Trips Provided
▪ Trip Denials (including reason)
▪ Total Passenger Boardings
▪ Total Vehicle Revenue Hours
City of El Monte – Transit and Paratransit Operations - RFP 35 of 77

▪ Total Vehicle Revenue Miles
▪ Total Revenues Collected
▪ Number of No-Shows/Cancels
▪ Dedicated Passenger Average Trip Length
▪ And other data required by the NTD and the City

(Dial-A-Ride sample trip sheets and daily/monthly data spreadsheets are attached as Exhibit I for all data currently required)

National Transit Database (Fixed Route & Paratransit)
The Contractor shall gather required National Transit Database (NTD) data information throughout the year and prepare and submit data on a monthly basis to the CITY.

Records and Audits
Recordkeeping / Audit Controls
• The following recordkeeping and audit controls must be met:
o Contractor shall maintain financial records and reports relating to funds received during the contract
o Contractor shall maintain book s, records, documents, and other accounting procedures and practices which reflect all costs of any nature expended in the performance during the contract
o Records shall be subject to audit or inspection by duly authorized City, County, State or Federal personnel
o Contractor shall maintain all books, records and other rel evant documents related to the contract for four (4) years after final payment o All financial records directly related to the w ork performed in this contract shall be made available to the City upon request

• The Contractor must keep the minimum service records in addition to others required in this proposal:
o Contractor will provide access to , or copies of, daily driver trip sheets or any other operational records deemed necessary or requested by the City
o Upon request, the Contractor will supply the City with Contractor’s personnel policies, including reimbursement of policies for sick pay, overtime pay and wage scale. A list of current personnel will be maintained and submitted as requested by the City. The Contractor’s personnel policies will be in conformance with State and Federal laws

Service Accidents and Incidents
Accident Reporting:

City of El Monte – Transit and Paratransit Operations - RFP 36 of 77

• In the event of a traffic accident involving revenue or non -revenue equipment, immediate notification to police is mandatory. Contractor will notify the City within 10 minutes and present all necessary reports to the City within a twenty- four hour period
Incidents, Service Interruption and Missed Service Reporting:
• Contractor will log all incidents and service interruptions. The City will set criteria for when they must be contacted about incidents, depending on the severity of the incident . A monthly report outlining incidents, service interruptions and missed service will be provided

Customer Service
Customer Service Forms:
• Customer comments or complaints received by the Contractor or the City will be documented o n the “City of El Monte Customer Service Form.” The Contractor will return to the City a written response of the Contractor’s investigation/results of such comments or complaints within the time -frames specified below, unless otherwise instructed by the City:

Priority 1: Contractor to provide “written results” to the City within 24 hours from the date and time of receipt of a Customer Service Form

Priority 2: Contractor to provide “written results” to the City within 3 working days from the date and time of receipt of a Customer Service Form

Telephone Reservation and Information System
Contractor shall provide telephone equipment, all telephone information and dispatch personnel necessary to effectively respond to incoming calls at a quality and a level consistent with transit and paratransit (Dial-A-Ride) patron demand and in strict accordance with the operating days and hours set forth herein.

Contractor shall make special efforts to respond to telephone service and information requests from patrons who have hearing disabilities. Contractor will provide TDD equipment for communications with patrons who have hearing disabilities and will provide the capability to receive and accommodate telephone calls from callers speaking English, Spanish, Chinese, Vietnamese and all other languages during hours when Dial-A-Ride reservations may be made.

Contractor shall provide a telephone system with a minimum of three lines in rotary. A separate TDD number will need to be provided by the successful proposer. Upon termination of the agreement with the City of El Monte, the City reserves the rights to City of El Monte – Transit and Paratransit Operations - RFP 37 of 77

these telephone numbers as indicated above herein, and Contractor agrees to transfer said telephone numbers upon request.

On-Time Performance – Fixed Route Transit Service

The City has experienced problems with on-time performance of fixed route buses, specifically leaving bus stops before the scheduled departure times (“Running Hot”). This practice is unacceptable to the City. In order to eliminate this practice, the Contractor shall introduce a process to monitor, evaluate and ensure on -time performance for each of the five (5) routes. The Contractor shall provide a “Monitoring On-time Performance Plan” to the City to observe the drivers and ensure on-time performance. Elements of the plan may include the following:
• Implement a Secret Rider program, where a secret rider boards at least one (1) bus on each of the five routes at least one (1) time per month (minimum of five trips/month) to observe on-time performance. Secret riders must board buses at different times of days (some mornings, some afternoons) with different drivers, to ensure that there is a broad view of how the drivers are meeting their on-time performance goals. Inform drivers that a Secret Rider program is being implemented, so they are aware and mindful of their schedule • Implement a Follow -Behind Program, where designated staff could follow behind at least one (1) bus on each of the five (5) routes at least one (1) time per month (minimum of five trips/ month). Follow buses at different time of day, with different drivers, to ensure that there is a broad view of how the drivers are meeting their on-time performance goals
• Develop on-time performance goals for each driver and each route. Develop penalties for drivers who do not meet their on -time performance goals, which may include having discussions with Project Manager, retraining and suspension/termination for cause
• Develop a Tracking Form for monitors to complete and provide to the City

SERVICE STANDARDS

Contractor shall strive at all times to provide service in a manner that will increase system productivity while achieving or surpassing customer service expectations. Recognizing that the goals of productivity and customer service levels may conflict, the standards set within the RFP are reasonably attainable by Contractor, fair to the customer and consistent with City expectations.

At the option of the C ity of El Monte , the City may enforce the penalties indicated for substandard performance. Fa ilure to enforce any penalty for any such sub standard performance shall not serve to invalidate said criteria nor preclude future enforcement of City of El Monte – Transit and Paratransit Operations - RFP 38 of 77

that penalty. The City agrees that the penalties outlined in this RFP will not be enforced for the first 60 days of the Agreement.

Contractor and the City shall periodically meet to evaluate performance of the system based upon standards. If the standards are not fulfilling their intended purpose, standards shall be adjusted based upon recommendations made by Contractor with concurrence and final decision b y the City. Should it be found that the Contractor’s performance has contributed to the Contractor’s failure to achieve these standards , penalties will be assessed.

PENDING ISSUES / CONSIDERATIONS

The following issues, new programs and possible service changes may impact this contract and should be taken into consideration in the submission of any proposal.

COVID-19 Response
In response to COVID-19, a number of measures were put into place to help protect Transit Operators and customers. These m easures have included: requiring face coverings (Transit Operators and customers); enhancing cleaning of buses during and after service; blocking off certain seats on vehicles; etc.

The majority of the measures implemen ted are expected to continue as long as the pandemic continues. It is anticipated that fares and front door boarding will resume when permanent driver protective areas are installed.

Electrification Plan/ Zero Emission Bus (ZEB) Acquisition The California Air Resources Board Innovative Clea n Transit (ICT) Rule requires that beginning in 2026 25% of the City’s transit vehicle orders must be Zero Emission Buses (ZEB), with 100% of vehicle orders by 2029, and that 100% of the fleet be ZEB by 2040.

By 2023, this rule also requires that the City submit a ZEB Roll-Out Plan.

During the Agreement Term, the City may purchase ZEB’s; however, this is contingent upon the outcome of the study, grant funding opportunities, or direction of City Council. The selected Contractor will be expected to be able to provide the expertise and staff training necessary to successfully operate ZEB’s, at no additional cost to the City.

Interest in Microtransit and TNC Service Alternatives
The City has been considering possible servic e alternatives that would utili ze microtransit and Transportation Network Companies (TNCs), such as Uber and Lyft, to increase the efficiency and attractiveness of Dial -A-Ride and fixed route transit services at little or no increase in total system costs. Offerors with experience implementing and operating service City of El Monte – Transit and Paratransit Operations - RFP 39 of 77

alternatives utilizing microtransit and/or TNCs are invited to describe their experience and possible applications of these services to the City’s transit program.

C. PENALITIES/LIQUIDATED DAMAGES

The Contractor will strive at all times to provide service in a manner which will ensure responsive service to transit and paratransit customers, while at the same time maximize service reliability and safety. In order to identify key areas of concern to the City, various performance standards are described below for which penalty or liquidated damage fines may be assessed when service falls below the standard. “Penalty/Liquidated Damage” clauses described below may be assessed by the City no sooner than sixty (60) days after the initiation of the service.

The City of El Monte’s failure to assess penalties or liquidated damages shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this RFP.

The City may assess penalties/liquidated damages retroactively, up to 12 months.

Commencing Service
In the event the Contractor fails to commence service on July 1, 2022, the Contractor shall pay the City liquidated damages in the amount of $2,500 for each service day of delay.

Reservations and Customer Service
The DAR reservation/customer service phone number shall be attended during Dial -A- Ride operating hours. All DAR staff must be able to clearly communicate in English. There must al ways be a s taff member(s) immediately available who is fluent in Spanish. If Contractor’s in-house staff is unable to assist residents of all languages, Contractor must utilize an interpreting service to ensure that residents’ program needs are met (at the Contractor’s cost).

Penalty/Liquidated Damages: One Hundred Dollars ($100) per incident will be assessed if Contractor fails to provide program assistance to residents of all languages.

Telephone Hold Times
90% of calls shall be answered in less than three (3) minutes. 100% of all calls shall be answered in five (5) minutes or less.

Penalty/Liquidated Damages: One Hundred Dollars ($100) per month for each full or partial percentage point below the performance targets listed above.

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On-Time Performance / Rerouting (Fixed Route)
The City has set an on-time performance level of 95%. On-time performance is defined as departing from a scheduled time point less than one minute early and arriving at a scheduled time point no more than five (5) minutes late. The City will base the on-time performance on randomly sampled trips.

Penalty/Liquidated Damages: One Hundred Dollars ($100) per month for each full or partial percentage point below the 95% performance target.

Contractor is to inform the City with recommendation for all route detours prior to rerouting.

Penalty/Liquidated Damages: One hundred dollars ($100) per incident will be assessed if Contractor fails to contact the City and receive approval prior to required re-route.

Missed Service and Road Call Notification (Fixed Route) The City has set a minimum trip completion rate of 99%. This figure will be determined using figures reported by the Contractor. A trip where service was not operated will be considered missed.

Penalty/Liquidated Damages: One thousand dollars ($1,000) per month for each full or partial percentage point below the 99% performance target.

Penalty/Liquidated Damages: Two hundred and fifty dollar ($250) per incident will be assessed if the Contractor fails to contact the City as RFP’s “Road Call Notification” requires.

Vehicle Replacement - Down Vehicle or Pulled Vehicle
The Contractor is to immediately replace vehicles that are down and/or pulled out of service.

Penalty/Liquidated Damages: Two hundred and fifty dollars ($250) per incident will be assessed if the Contractor fails to replace a vehicle that was taken out of service (no more than 2 loops missed) in a timely manner.

Vehicle Out-of-Service Criteria
The Contractor shall not operate any vehicle that the City , code, regulation, etc., designates/indicates/references as unsafe for service.

City of El Monte – Transit and Paratransit Operations - RFP 41 of 77

Vehicles must pass a City inspection after repairs are made and before the vehicle can go back into service. The Contractor is subject to penalties/liquidated damages for having vehicles that are pulled out of service and not repaired and replaced back into service within twenty-one (21) days.

Penalty/Liquidated Damages: One hundred dollars ($100) per day beyond the maximum twenty-one days (21) out of service, without the City’s written approval.

On-Time Performance (Paratransit)
The City has set an on-time performance level of 97% for paratransit. On-time performance is defined as arriving to pick up a passenger no more than five (5) minutes before, and up to 15 minutes after the scheduled pick-up time. The City will base the on- time performance on field observations and the information reported by the Contractor.

Penalty/Liquidated Damages : One hundred dollars ($100) per month for each full or partial percentage point below the 97% performance target.

Missed Trip (Paratransit)
The City has set a trip completion target of 99% for paratransit. A missed trip will be defined as not arriving within 30 minutes of the scheduled pick -up time. The City will base the on -time per formance on field observations and information reported by the Contractor.

Penalty/Liquidated Damages: One thousand dollars ($1,000) per month for each full or partial percentage point below the 99% performance target.

Passengers / Vehicle Revenue Hour – VRH (Paratransit)
The City requires that the Contractor exceed a target of two and a quarter (2.25) passengers per V RH for the first year and two and a half (2.5) passengers per V RH thereafter (monthly average). The City will base this figure on infor mation reported by the Contractor.

Penalty/Liquidated Damages : One thousand dollars ($1,000) per month for having an average of less than 2.25 passengers per VRH for the first year and two and a half (2.5) passengers per VRH thereafter.

CHP Vehicle Inspection Failure (Fixed Route & Paratransit) To ensure safe, quality operations, the Contractor will be expected to pass all California Highway Patrol terminal inspections.

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Penalty/Liquidated Damages: One thousand dollars ($1,000) for each vehicle per day that fails a CHP vehicle inspection or re -inspection shall be assessed, until a satisfactory inspection report is obtained, and the vehicle is again available for service.

Wheelchair Lifts (Fixed Route & Paratransit)
The Contractor must maintain wheel chair lifts on all vehicles to operate in a safe manner. If a wheelchair lift malfunctions, the vehicle must be immediately removed from service and not placed back in service until repairs are made and wheelchair lift is fully and safely functioning . The City will determine compliance through Contractor reports, pullout inspections and random testing on route.

Penalty/Liquidated Damages : Two -hundred-fifty dollars ($250) per occurrence if any vehicle with a malfunctioning wheelchair lift is not immediately remove d from service and a replacement vehicle immediately returned to service.

Complaints (Fixed Route & Paratransit)
The standard for City -verified service complaints, exclusive of customer questions, comments or suggestions, will be receiving five (5) or fewer valid complaints within a calendar month. Multiple reports of the same occurrence will only count as one complaint.

The City will determine compliance by tracking customer service forms. The City will make the ultimate determination if a complaint is valid.

Penalty/Liquidated Damages : One thousand dollars ($1,000) per each substantiated service complaint as determined by the City, above the five (5) allowable per month.

Written Responses to Comments/Complaints
Contractor to provide the City with written results /responses of all customer complaints per Part I, Section B of RFP, “Customer Service.”

Penalty/Liquidated Damages : Two -hundred-fifty dollars ($250) per occurrence if Contractor’s responses to comments/complaints are not received by the City in a timely manner as outline in the RFP.

Key Personnel Retention
The Key Personnel are crucial to the day-to-day operations.

The City is requiring the Project Manager be 100% dedicated to the Agreement.

Penalty/Liquidated Damages : Twenty -Five thousand dollars ($25,000) if any Key Personnel are reassigned or promoted to another position by the Contractor without City consent during the Agreement Term or if Project Manager is not 100% dedicated to the City of El Monte – Transit and Paratransit Operations - RFP 43 of 77

Contract (which includes tasking 100% Project Manager(s) with tasks not relating to the Contract or services and tasks outlined in the RFP).

Accurate Data Submittals
Contractor must provide accurate data to the City. As inaccuracies have been problematic for the City, the Contractor shall implement steps to minimize these occurrences, including:

1. As the buses do not currently have automated passenger counting systems onboard, the Contractor must provide, at a minimum, a hand tally counter for each bus. Each counter must have the ability to count for at least eight (8) different rider payment types (paying riders, free riders, access pass, etc.).

2. Developing a formal training program, including a training manual, for both new and existing drivers, on how to correctly complete the paper trip sheets, including mileage information and number of riders for each type of trip.

3. Train staff supervisor whose job it is to review and total trip sheet information, to accurately calculate and total trip sheet rows and columns, and to make any corrections to incorrect driver input prior to sending the forms to the City.

In the future, the City plans to introduce on-bus technology that will automate their current manual process, in order to reduce reporting errors. Proposers with current access to automated processes may include such information in their RFP response.

If Contractor fails to pro vide accurate data to the City by way of El Monte Trolley D aily Trip Sheets (95% accuracy rate) and monthly reports, the City will provide Contractor with a written n otice requiring immediate improvement in reporting accuracy; if adequate improvement is not made within 30 days from delivery of the City’s written notice to the Contractor, penalty/liquidated damages will be assessed.

As the City of El Monte operates a t otal of five (5) routes per day for their fixed route service, 30 or 31 days per month, the City can expect to receive 150 – 155 trip sheets on a monthly basis. With a 95% accuracy rate, no more than eight (8) inaccurate trip sheets/month will be acceptab le to the City. For each inaccurate trip sheet the City receives in excess of eight (8) per month, the City will impose penalty/liquidated damages.

Inaccurate documents/reports/trip sheets will be returned to the Contractor for corrections to be made, an d documents/reports/trip sheets must be returned to the City within 14 days. If Contractor fails to provide documents after 14 days, the City will provide the Contractor with a written notice requiring immediate deliv ery of the documents; if the documents are not returned within 24 hours of the City’s written notice to the Contractor, penalty/liquidated damages will be assessed.

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Penalty/Liquidated Damages: One thousand dollars ($ 1000) for the first month, if Contractor fails to provide accurate paperwork/data to the City. After the first occurrence, inaccurate trip sheets (eight (8) or more in a one -month period) provided to the City in subsequent months shall be assessed one thousand dollars ($1000), plus an additional two hundred and fifty dollars ($250) per inaccurate trip sheet provided by the Contractor to the City.

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II. INSTRUCTIONS, CONDITIONS AND NOTICES TO PROPOSERS

A. GENERAL ADMINISTRATIVE INFORMATION

The Proposer shall represent and warrant that it is sufficiently informed as to all matters affecting the performance of the work and the furnishing of labor, supplies, material or equipment called for in this proposal; that the proposal has been checked for errors and omissions, that the facts stated in the proposal are current and as intended and are a complete and correct statement of the facts stated therein for performing the work or furnishing the labor, supplies, materials or equipment required by the RFP. The Proposer waives any claim for the return of its proposal due to errors or omissions claimed to have been made in its proposal or for any other reason.

Each prospective Proposer understands and agrees that the City of El Monte, its elected and appointed officers, agents, employees and volunteers shall not be liable for:

• Any costs incurred by a Proposer in the preparation, delivery or presentation of a proposal.

• Any costs incurred by a Proposer in meeting the criteria as a result of making or submitting a pr oposal or subsequently in entering into a formal contract with the City of El Monte.

• Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the Proposer in the preparation of a proposal pursuant to this RFP.

• It is the Proposer responsibility to carefully examine the requirements, specifications, and conditions expressed in the RFP and fully inform themselves as to the quality and character of services required.

• Any changes made to the RFP will be made only by written addendum, duly issued by the City of El Monte. All addenda will be posted on PlanetBids.

• All responses to this RFP will become the property of the City of El Monte and will be retained or disposed of accordingly.

• The City of El Monte is an equal opportunity employer.

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• The City of El Monte reserves the right to modify or cancel this RFP, either in part or in its entirety, and to waive any informality in a proposal when to do so would be in the best interest of the City, and to negotiate directly with any of the firms making a proposal. Nothing in this RFP or the proposal process shall be construed in any manner as obligating the City to accept any proposal.

Unauthorized conditions, limitations, provisions attached to this RFP, or an incomplete package will render it non -responsive and may be cause for its rejection. No telephone , faxed or emailed proposals or modifications will be considered. The successful proposer shall abide by and obey all applicable federal, state, and city laws, including, but not limited to, the non-discrimination provisions of the laws of the United States of America, the State of California, and the City of El Monte.

The Proposer to whom the Agreement is awarded shall be required to enter into a written agreement with the City of El Monte in a form approved by the City Attorney, City Council and City Manager. The RFP, or any part thereof, and the proposer’s responses may be incorporated into and made a part of the final agreement; however, the City reserves the right to further negotiate the terms and conditions of the Agreement with the selected Proposer.

All proposals shall be firm offers and may not be withdrawn for a period of 180 days following the deadline date for submission of proposals noted herein.

All proposals submitted in response to this RFP will become the property of the City of El Monte. The Proposer must identify, in writing, all copyrighted material, trade secrets or other proprietary information that it claims is exempt from disclosure under the Public Records Act, California Government Code Section 6250, et seq. Any Proposer claiming such an exemption must also state in its proposal that the Proposer agrees to defend any action brought against the City for its refusal to disclose such material, trade secrets or other proprietary information to any party making a request, therefore. Any Proposer who fails to include such a statement shall be deemed to have waived its right to an exemption from disclosure as provided by said act.

The A greement shall be by and between the C ity and the Proposer and shall not be intended, nor be construed to create the relationship of agent, servant, employer/employee, partnership, joint vent ure, or association, as between the City and Proposer.

The Skills, training, knowledge and experience of Contractor are material to the City’s willingness to enter into the Agreement. Accordingly, City has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to City of El Monte – Transit and Paratransit Operations - RFP 47 of 77

be undertaken by Contractor or on behalf of Contractor in the performance of the Agreement. In r ecognition of this interest, Contractor agrees that it shall not assign or transfer, either direct ly or indirectly or by operation of law, the Agreement or the performance of any of Contractor’s duties or obligations under the Agreement without the prior written consent of the City. In the absence of City’s prior written consent, any attempted assignment of transfer shall be ineffective, null and void and shall constitute a material breach of the Agreement.

In the event of a dispute based upon the successful Proposer’s/Proposers submission of a proposal and the City’s acceptance of same and to the fullest extent permitted by law, the successful Proposer/Proposers will be required to indemnify, defend and hold harmless at its expense, including the provision of legal counsel, the City, its agents, employees and officers from liability, claims, demands, damages and costs if such dispute or action arises solely upon the award of the proposal in compliance with federal, state and local laws.

B. PROPOSALS

In addition to addressing the Scope of Services section , proposals must also include all required information, policies, procedures, manual, forms, etc., as outlined in the RFP .

Proposals must be kept to 75 pages, excludi ng resumes, the required Forms and Appendix specified in this RFP to be returned with the Proposal Package. Further, the audited financial statement, driver training manual, and safety manual will not be counted towards the 75-page limit.

Background and Experience of the Proposer
Discuss the overall capabilities of the company. Include a brief description of the company’s history and recent relevant experience as it applies to the Scope of Services.

Proposed Personnel and Management Plan
The Proposer shall include an organizational chart showing the names of all proposed management staff. This shall include a “Project Manager(s)” who may be the City’s central contact person on day-to-day operations for both the fixed route and paratransit services.

The Fixed Route and Paratransit Manager(s) or “Project Manager(s)” shall be fully and solely dedicated to this contract for the term of the contract. A resume for the General Manager, Fixed Route Manager, Paratransit Manager, and Maintenance Manager must be included in the proposal. The resume should include the following:

• Name of staff member;
• Experience;
• Training;
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• Total effort of staff mem bers’ time allotted to the contract expressed in percentages; and
• Number of hours weekly.

Employee Training:

Provide a description of all employee training programs including driver, maintenance, management, reservationist, dispatch, road supervisor, and safety training. One complete copy of the driver trai ning program and safety program must be included with the proposal.

Employee Wages & Benefits:

Provide the salary range and benefits for the following positions:
• Fixed Route Driver
• Paratransit Driver
• Operations Supervisor
• Reservationist
• Road Supervisor
• Clerk
• Mechanic
• Service Worker

Proposer shall describe hiring policies and procedures, including approach and philosophy to minimize employee turnover and to maintain a stable work force.

Staffing Levels:

Provide a comprehensive list of all positions (as Full-Time Equivalent figures) and a brief description of the job assignments. Include every position to be provided within your proposal.

Maintenance Program/Strategy
In this section Proposers should discuss their maintenance program and str ategy including:
• Responding to road calls;
• Warranty coverage/inventory management;
• Recruitment of vehicle maintenance staff; and
• Vehicle maintenance hours of operation throughout Agreement Term.

Maintenance of Equipment:

Describe how vehicle maintenance will be performed at the Proposer’s facility during the first two years of the Contract. Outline which work will be in-house and which work will be City of El Monte – Transit and Paratransit Operations - RFP 49 of 77

performed in another manner. Provide descriptions for the type of equipment to be used for the maintenance.

Maintenance Personnel:

Indicate the number of personnel dedicated to maintaining all vehicles. Indicate the total number of full -time employees by position. Provide information on employee classifications and min imum quali fications. Also provide resumes for any “lead mechanics” that will be in charge when the Maintenance Manager is not onsite.

Preventive Maintenance Program:

Present the prevent ive maintenance plan including inspection classes, specific actions, and intervals; daily work assignment plan; and the procedures to insure fleet readiness and reliability.

Backup Transit Bus:

Indicate make and model of backup transit bus, if any, Proposer proposes to use to ensure uninterrupted fixed route transit services while maintenance is performed on City vehicles. The City to approve proposed transit bus and verify insurance coverage prior to placement into service.

Dial-A-Ride/Paratransit Operation Plan
Overall Operation Plan:
• Proposer shall provide a description of how its company proposes to provide the City’s Dial-A-Ride service.

Dispatching/Software:

Provide a description of how vehicles will be dispatched. List any software/hardware to be used for dispatching. If the system uses Global P ositioning System (G PS), please mention the type of GPS technology used and whether real -time GPS data can be provided to the City.

Facility/Fueling Description
The Proposer shall provide a detailed description of their proposed facility(s) where non- CNG vehicles are to be fueled, where all vehicles are to be maintained, and where all vehicles are to be stored during the Agreement Term. Include the address of the facility and describe the size and features of the facility, maintenance capabilities , storage capacity and the n umber of vehicles to be stored there, administrative office space, security and any other significant features.

The facility should meet the following minimum requirements:

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• The facility should be located within a five-mile ra dius of the El Monte Trolley Station located at 3679 Center Avenue, El Monte 91731. Th e El Monte transit buses may be called upon to provide emergency transportation during City emergencies (“Emergency Operations” under “Scope of Work” ). With sufficient justification, the City will consider other locations outside this radius.

Implementation/Transition Plan
The Proposer shall submit an implementation /transition and operational plan and schedule. These step -by-step plans shall include, at minimum, the following: staffing, personnel training, vehicle maintenance and storage, fueling, cleaning and washing, uniforms, farebox collection, licensing and permits, insurance, road calls, accidents/incidents, documentation and reporting. Also include any and all procedures relating to the collection, recording, depositing and reporting of all cash receipts.

The implementation schedule shall include all key dates and tasks that Proposer needs to complete prior to the startup date July 1, 2022.

Cost Proposal Form
All Proposers must complete Forms 1A through 1E , Cost Proposals (Attached). The monthly cost for each year of the contract should be used to create an annual cost for each service.

List of References
Proposer shall l ist five (5) current or former clients for whom similar or c omparable services have been performed. Include the name, mailing address and telephone number of the principal contact person for the contract. Also include the dates of service, description and location of the facilities serviced and a description of th e services provided.

Proposer shall also provide a list of all transit and paratransit services provided within the states of California, Arizona, Nevada, Oregon and Washington for the last five (5) years (including expired contracts). Proposer shall provide the name of the service operated, type of service, contracting agency name and years operated.

Financial Responsibility
The Proposer shall provide an audited financial statement to demonstrate the financial status of the Proposer in order to provide the required services through the Agreement Term and to finance the costs of services being proposed. This financial statement shall be, at a minimum, a compiled balance sheet and income statement signed by a certified public accountant (See Part III, “Re quired Qualification of Proposer” for additional requirements).

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Performance Bond
The Proposer shall deliver to the City , at the time of or prior to the execution of the Agreement, a Performance Bond issued by a surety company authorized to do business in the State of California in the amount of $150,000 and approved by the City ’s Risk Management Department . Said bond shall be conditioned upon the full and faithful performance by the Proposer of each covenant, promise, term, condition, undertaking set forth in the Agreement. The Performance Bond is attached and incorporated hereto this RFP (See Form 4).

Verbal Agreement or Conversation
No prior or current verbal conversations or agreements with any officer, agent or employee of the C ity shall affect or modify any terms or obligations of this RFP or any contract resulting from this procurement.

Proposals which fail to provide documentation responding to all of the required items outlined in the RFP may be considered non-responsive and rejected.

C. SUBMITTALS

Please submit one original and five (5) copies of the proposal. Proposals are not to exceed 75 pages in length (double-sided page to count as two pages) excluding resumes, the required Forms and Appendices to be returned with the Proposal. The aud ited financial statement, driver training manual, and safety manual will not be counted towards the 75 -page limit. Please use recycled paper and print on both sides, when possible.

Proposals must also include the following Forms and Appendices:

FORMS

1. 1A through 1D (and Optional Form 1E) Cost Proposal for Fixed Route Transit and Cost Proposal for Dial-A-Ride

2. Proposal Letter/Certificate of Acceptance

3. Proposal Check Sheet

4. Performance Bond

5. Certification Regarding Lobbying

6. False Claims/False Claims Act Certification

7. Civil Litigation History/Civil Litigation Certification

8. State of California Drug Free Workplace Certification City of El Monte – Transit and Paratransit Operations - RFP 52 of 77

9. Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters

10. Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members

APPENDIX

1. RC – DBE Instructions

2. Federal Contract Clauses

3. Compliance with Laws and Requirements

All proposals must be sealed in a package show ing the following information on the outside:

Addressed to: City Clerk
City of El Monte
City Hall East
11333 Valley Boulevard
El Monte, CA 91731
Attn: Sarah Zadok, Transportation Operations Manager

• Proposer’s name, address, fax number, phone number and email address. • “Proposal for the City of El Monte Fixed Route and Paratransit Services Contract 2022” and proposal due date.

The proposal package must be mailed or delivered to the above address prior to the closing date and time for r eceipt of proposals. Proposers mailing or shipping their proposals must allow sufficient delivery time to ensure timely receipt of their proposals by the time specified. Late proposals will not be accepted.

The City reserves the right to reject all prop osals for any reasons whether or not said proposals are responsive or non -responsive. The City reserves the right to reject any proposal which is non-responsive to this RFP. The City may, but shall not be required to, solicit additional information, orally or in writing, from one or more of the applicants relating to the content of their proposal. The City may, but shall not be required to, meet with one or more of the applicants prior to a preliminary selection of one or more applicants with which the City may choose to negotiate.

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D. NON-MANDATORY PRE-PROPOSAL CONFERENCE & QUESTIONS

Pre-Proposal Conference

A non-mandatory pre-proposal virtual conference will take place at 1:30PM Pacific Time, Thursday, October 28, 2021. The meeting will be held online using Microsoft Teams. Log-in credentials for the MS Teams meeting will be posted on PlanetBids.

Bidders are strongly encouraged to participate in the pre-proposal meeting.

Questions, Changes and Clarifications

Questions or clarifications regarding this Request for Proposals must be submitted no later than 2:00 PM (PT) Monday, November 1, 2021 via PlanetBIds.

Responses to any inquiries will be issued with an Addendum posted on PlanetBids no later than 5:00 PM, Tuesday, November 9, 2021.

If the request is received within 72 hours of the pre-proposal conference, these questions may be addressed in that forum. Proceedings of the pre-proposal conference will be distributed to all known interested parties, as well as any changes, clarifications or any addenda to the RFP.

E. CLOSING DATE

Proposals must be received by the City of El Monte no later than 4:00 p.m., Tuesday, November 23, 2021. Late proposals will not be accepted and will be returned unopened.

Proposals must be submitted in a manner addressing each and every item outlined in the RFP.

The City will not accept proposals submitted by facsimile copy or electronically.

Responsibility for submitting the proposal and pricing to the City on or before the above stated time is SOLELY AND STRICTLY that of the P roposer. The City will in no way be responsible for the delays in the delivery of the mail or delays caused by any other occurrence. The City will not be responsible for premature opening of proposals not properly marked.

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F. SELECTION PROCESS

This section describes the selection process by which proposals will be evaluated and a selection made for a pot ential award. Proposals will be evaluated by an Evaluation Committee comprised of a minimum of two City staff, the City’s consultant, and possibly a third-party familiar with the subject matter. The City may elect to request additional materials and/or hold additional discussions and/or interviews with Proposers determined to be within the competitive range, in order to confidently make the decision to award the contract to the Proposer whose proposal is determined to be in the overall best interest of the City of El Monte.

Proposals will be evaluated based upon consideration of the criteria of “Minimum Qualifications” and “Selection Criteria.” Final determination of a Proposer’s qualification will be made based upon all the selection criteria and inform ation received during the evaluation and interview process. Award will be given to a responsive and responsible Proposer for the proposal which is found to be most advantageous to the City on a “best value” basis, with price and other factors listed below considered. Accordingly, the City may not necessarily make an award t o the Proposer with the highest technical ranking, nor award to the Prop oser with the lowest cost proposal, if doing so would not be in the overall best interest of the City.

The “Selection Criteria” are listed in the relative order of importance. As proposals are determined by the City to be more equivalent in their technical merits, the evaluated price becomes incrementally more important ; when technical proposals are evaluated as essentially equal, price may be a deciding factor.

Minimum Qualifications
The following are the requirements for responsible Prop osers, all of which must be met by the Proposer:
• Sufficient financial strength, resources and the capability to finance the work to be performed and complete the Agreement in a satisfactory manner; • Ability to obtain required insurance, with coverage values that meet or exceed the City’s minimum requirements;
• Evidence that the human and physical resources will be sufficient to perform the Agreement as specified and assure the level of service required; and • Evidence that the Proposer possess es the qualifications and experience necessary to perform adequately and meet the Agreement requirements based on past performance and client references.

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Selection Criteria

A City-formed Evaluation Committee will review and evaluate all proposals submitte d in accordance with this RFP. Evaluation of the proposals will be based on the competitive selection process, in which the evaluation of proposals will not be limited to price alone.

This committee will use the following selection criteria to evaluate the proposals:

Cost Proposal (30%)
• Reasonableness of the total price and competitiveness of this amount with other offers received
• Adequacy of data in support of figures quoted
• Reasonableness of unit price (where applicable)
• Basis on which prices are quoted
• Accuracy

Qualifications and Experience of Contractors/Subcontractors (30%) • Demonstrated experience in performing work of a similar nature • Safety record
• Experience working with public agencies
• Strength and stability of firm
• Strength, stability, experience and technical competence of subcontractors (if applicable)
• Demonstrated experience with projects of a similar nature to meet on -time performance and data collection requirements
• Demonstrated experience in initiating a new service and adapting to changing service requirements
• Demonstrated experience with unique technologies present, including CNG - fueled vehicles and real-time arrival information technology • Demonstrated experience in compliance with all applicable federal, state and local codes, rules and regulations
• References with demonstrated success in providing similar services • Assessment of client references and information provided

Responsiveness of Proposal to RFP / Work Plan (20%)
• Depth of Proposer’s understanding of the City’s requirements as set forth in the Scope of Work and within this RFP
• Overall quality of the work-plan
• Logic, clarity and specificity of the work-plan
• Appropriateness of labor distribution among the activities • Ability to meet all service start dates
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• Reasonableness of service operations as proposed
• Proposed Implementation/start-up plan and schedule
• Bus cleaning program
• Preventive maintenance program
• Facility location and amenities
• Training program
• Safety program
• Quality control and quality assurance programs
• Utility of suggested technological innovations
• Producing required forms, manuals, procedures and miscellaneous information

Qualifications of Project and Management Staff (20%)
• Qualifications and experience of project staff, particularly Key Personnel • Key personnel’s level of involvement in performing related work outlined in the Proposer’s background and experience
• Overall quality of the staffing plan
• Labor relations record
• Employee selection and retention program
• Disciplinary program
• Concurrence in the restrictions on changes in managers (“Key Personnel”) • Wage and benefit levels paid to employees

Interview Process
The City may conduct interviews with all Proposers submitting a complete and responsive proposal, if required. These interviews will be approximately one hour in length. The City will have a panel comprised of City staff , the City’s consultant who is assisting in this process, and, if available, expert(s) from other entities in the fixed route and paratransit fields. All Key Personnel must attend (or participate in) the Proposer interview.

G. PROPOSAL PROTEST PROCEDURE

A Proposer may protest a proposal award if he/she believes that the a ward was inconsistent with City policy or the proposal’s specifications or was not in compliance with State or Federal law or guidelines.

A protest must be filed in writi ng with the City Manager or her designee within five (5) business days after webpage posting of recommended Contract award. The Proposer shall submit all documents supporting or justifying the protest. A Proposer’s failure to file City of El Monte – Transit and Paratransit Operations - RFP 57 of 77

a timely protest shall constitute waiver of his/her rights to protest the award of the Contract.

Any Proposer submitting a proposal may file a protest of the City’s intent to award the Contract, provided that each and all of the following conditions are met:
• The protest must be submitted in writing to the City Clerk’s Office (e -mailed protests will not be acce pted) before 5:00 p.m. of the fifth business day following the webpage posting of recommended Contract award
• The initial protest document must contain a complete statement of any and all bases for the protest including, without limitation, all facts, suppo rting documentation, legal authorities and argument(s) in support of the grounds for the protest; any matters not set forth in the written protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence
• The protest must refer to the specific portions of all documents which form the basis of the protest
• The protest must include the name, address and telephone number of the person representing the protesting party

The protestor is solely responsibl e for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the Internet may be referenced with an appropriate link.

Protests shall be submitted in accordance with the requirements of this RFP and any directions included in the solicitation. Protests shall be addressed to the Director of Public Works or designee.

The Director of Public Works or designee shall be responsible for overseeing the decision process and for the content of the decision. The Public Works Director shall ensure that all relevant parties within City have been involved in the decision -making process and shall, as circumstances require, obtain the concurrence of the City Manager or other personnel in a decision prior to its issuance.

City may decide a protes t solely upon the written submission. The protest submission should, therefore, include all materials necessary to support the protester’s position.

If the procurement uses federal funds, a notice of receipt of a protest must be given to the appropriate FTA regional office.

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The procedure and time limits set forth in this Section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute waiver of any right to further pursue the protest, including filing a California Government Code Claim or legal proceeding.

H. DRAFT AGREEMENT

The successful Proposer to whom an awar d is made will be required to enter into a n Agreement with City substantially similar to the Sample Agreement provided as Exhibit G to the RFP. This RFP and the selected Proposer’s proposal package will be made a part of the ultimate Agreement.

Execution of Agreement
If the Proposer is an individual, he or she shall execute the Agreement personally. If the Proposer is a partnership, the Agreement shall be executed by all partners, or by a managing general partner lawfully empowered to bind the partnership. If the Proposer is a corporation, two officers of the corporation must execute it, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed t o the Agreement, or if it is executed by a person other than an officer, there must be attached to the Agreement a certified copy of a resolution of the corporation authorizing such officer or person to execute written agreements for and on behalf of the corporation. If the Proposer is a joint venture, the Agreement must be executed on behalf of each participating firm by officers or other officials who have full and proper authorization to do so.

I. VEHICLE LEASE TERMS

Basic Lease Terms
The Agreement con templates and encompasses a lease of city -owned vehicles to the successful proposer. Initially, the City hereby leases to the Contractor seven (7) transit- style buses, five (5) paratransit vans and one (1) paratransit bus (collectively, the “buses” or individually, a “bus”), which shall be dedicated and used by the Contractor solely and exclusively for the purpose of providing the public mass transportation service set forth in the Agreement. Under no circumstances, may the Contractor use the aforementione d buses for any purpose other than the purpose set forth in the Agreement. The buses may not be used or operated in any other jurisdiction other than the City of El Monte and may not be used in the service of any other pe rsons or entities other than those persons contemplated under the Agreement. The vehicle identification numbers of the buses are attached and incorporated hereto as Exhibit F. The Parties acknowledge, understand and agree that the Agreement is inclusive of the City’s related RFP and the Contractor’s corresponding response to the RFP.

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Vehicle Lease Term

The lease of City vehicles to the successful Proposer will commence no sooner than the Effective Date of the Agreement and terminates automatically at the termination or expiration of the Agreement or any extension term of the Agreement. Contractor shall deliver possession of the City vehicles to the City promptly upon the termination of the Agreement, but in no event later than five ( 5) days following the effective date of the termination.

Compensation

In consideration for the City’s lease of the buses, the Contractor shall pay the City the sum of One Dollar ($1.00).

Maintenance, Repairs and Operating Expense

Consistent with any and all maintenance requirements set forth in the Agreement or any extension, amendment or modification thereto (including the RFP), Contractor shall pay for all maintenance and repairs to keep the buses in good working order and condit ion and shall pay any other expenses associated with operating the vehicle. Contractor shall comply with all maintenance requirements set forth in the Agreement, and upon the termination of the Agreement shall return the buses to the City in good condition, with no excessive or unacceptable wear and use.

Wear and Use Standards
Excessive or unacceptable wear and use includes, but is not limited to:
a. glass breakage or discoloration
b. damage or deterioration of body, fenders, metal work, trim or paint c. torn dash, floor covers, seats, upholstery or interior work d. any wheels or tires that are missing or not in safe condition, or e. any damage that makes the vehicle either unsafe or unlawful to operate

Vehicle Insurance
Contractor shall comply with all insurance requirements set forth in the Agreement or any extension thereto, including any insurance required under the RFP.

Theft, Destruction, and Substitution
The Contractor assumes full responsibility for the theft, loss or destruction of the buses or any one of them while under Contractors’ possession or control, including but not limited to those periods in which the buses are being operated by Contractor. In the event City of El Monte – Transit and Paratransit Operations - RFP 60 of 77

of such theft, loss or destruction to the buses or any one of them, Contractor shall be required to compensate City for the full replacement cost of the vehicle.

Inspection
(a) City may, but does not assume the obligation to, inspect the buses at any time. If City asks to inspect a bus, Contractor will advise City in writing of the location of the bus and allow the inspection. If the bus is damaged or there is excessive or unacceptable wear and use, City will decide if the bus is reasonably repairable. If the bus is reasonably repairable, Contractor shall promptly have the necessary repairs made.

(b) Contractor further agrees to pay for a third -party inspection of the buses upon their return to City by Contractor following the expiration or termination of this Agreement or any extension of the same. Contractor agrees to pay for all such repairs recommended by the third-party inspector in order to bring th e vehicle into good operating condition. If Contractor cannot reasonably comply with this paragraph withi n the five -day period for the return of the buses, Contractor shall notify City of the need for additional time. City in its sole discretion may grant such additional time as may be needed to return the buses in good condition, provided the grant of such addit ional time is made in writing.

Contractor’s failure to r eturn the buses to City within the five -day return period , absent timely notification to the City of the need for additional time, and approval, shall constitute an event of default and a material breach of this Agreement.

Default
Contractor’s failure to comply with or perform any term, condition or duty of this Agreement or any extension, amendment or modification thereto shall constitute an event of default. If Contractor is in default, City may pursue any and all rights and remedies provided by law, including the right to sue Contractor for damages and/or recovery of the buses or any one of them as set forth in the template of the Agreement which is attached to this RFP.

Indemnification
The Contractor will also be bound to the indemnificat ion duties set forth in the template of the Agreement which is attached to this RFP.

J. FEDERAL FUNDING REQUIREMENTS
At any time during the Term of the Agreement or any extension term thereof, City may secure FTA grant funding to supplement funding used to compensate Contractor for the services contemplated in this RFP and sample Agreement. To facilitate the City’s ability to apply such funding to the services and tasks contemplated under the RFP and sample Agreement, the City and Contractor (hereinafter, the “Parties”) agree to at all times comply with those specific federal statutes and regulations, as the same may be amended City of El Monte – Transit and Paratransit Operations - RFP 61 of 77

from time to time, referenced and described in the FTA Grant Requirements (the “FTA Grant Requirements”) which are incorporated hereto as Appendix 2. By its submission of a proposal in response to the RFP and by the execution of the Agreement, each Proposer acknowledges, represents and agrees that the Proposer has reviewed the FTA Grant Requirements; understands the requirements, terms and conditions set forth therein and will comply with all such restrictions, terms and conditi ons; and will diligen tly keep itself of apprised of any potential changes to the FTA Grant Requirements and comply with the same.

K. COMPLIANCE WITH LAWS AND REQUIREMENTS
In performance of the services described herein, the Parties shall comply with all applicable federal, state and local laws and requirements including, but not limited to:

Equal Employment Opportunity, ADA, and Drug and Alcohol Testing Requirements. The complete text for compliance with laws and requirements is presented in Appendix 3.

City of El Monte – Transit and Paratransit Operations - RFP 62 of 77

III. REQUIREMENTS AND REQUIRED QUALIFICATIONS OF PROPOSERS

Proposals for the management and operation of the Fixed Route Transit and Dial-A-Ride services will be evaluated by CITY to determine whether or not they meet the following required qualifications. Proposals which fail to provide documentation responding to all of the required items set out below, and in the RFP, may be considered non-responsive and will be rejected.

A. Experience

In order to be considered eligible and qualified, Proposer must have a minimum of five (5) years of experience in the field of providing public transportation services for systems similar to that contemplated herein. The Proposer should demonstrate familiarity with the management and operation of Fixed Route and Para transit Dial -A-Ride services, including all related tasks such as vehicle control and dispatch, training, safety, vehicle maintenance, etc. The Proposer must have the capability to provide qualified person nel to manage and operate the City of El Monte Fixed Route Transit and Dial-A-Ride services.

A statement of qualifications demonstrating the foregoing and listing the Proposer’s experience in the public transit field, together with the names, addresses an d telephone numbers of at least five (5) other clients for whom similar services are being provided, shall be furnished with the proposal.

B. Organization

The Proposer should submit a description of the firm’s organizational structure, history, legal status (i.e., partnership, corporation, etc.), list o f owners and officers, capabilities and experience and management philosophy. The City is particularly interested in the Proposer’s approach to managing local fixed route transit and paratransit Dial-a-Ride operations, organizational resources and expertise available, and the primary businesses or range of diversified businesses in which the Proposer’s firm is involved.

C. Resource Allocation

Proposer’s proposed allocation of contract resources must dem onstrate an understanding of Scope of Services requir ements as described in this RFP and attachments thereto. Proposer must submit a detailed budget breakdown on the COST PROPOSAL FORMS.

City of El Monte – Transit and Paratransit Operations - RFP 63 of 77

D. Staffing

Proposer shall at all times be responsible for maintaining appropriate staffing levels, employing sufficien t, qualified and properly trained personnel to perform the management, administrative, call -taking, scheduling and dispatch, operating and maintenance functions necessary to operate El Monte’s tra nsit and paratransit /Dial-A- Ride operations.

The Proposer must submit a proposed staffing plan and organization chart indicating all management and staff employee positions, the number of full-time equivalent employees at each position (full-time equivalent employee) and salary and benefit schedules for each employee classification.

The staffing plan must include the resumes of all key personnel proposed for the contract, including vehicle maintenance supervision, showing all relevant education, traini ng and experience.

Proposer should also describe other pers onnel to the extent that their particular experience, skill and availability will affect the performance of this contract.

Proposer should also specifically address any technical resources and staff that will be available to assist with their local management at no additional cost to the City.

Proposer shall ensure that all employees operating transit service vehicles, administering the reservations, scheduling and dispatch and maintaining the revenue vehicles are trained to competence as appropriate for their positions and responsibilities.

E. Hiring and Personnel Policies

The Proposer shall use appropriate screening and selection criteria for employing personnel. Criteria shall include the California Department of Motor Vehicles (DMV) records, criminal background checks, pre -employment drug screening and physicals of all employees assigned to the City’s contracted pro grams. Personnel policies shall help ensure that all employees perform their duties in a safe, legal, courteous and professional manner at all times. Proposer shall provide the City with a copy of its employee handbook.

F. Accounting and Reporting

The Proposer must propose an adequate management information system to implement and maintain data collection, accounting and reporting requirem ents as specified in the Agreement (Exhibit G) and the RFP.

City of El Monte – Transit and Paratransit Operations - RFP 64 of 77

G. Financial Responsibility

Proposer shall provide a financial statement for the business entity submitting the proposal, as prepared by a certified public accountant, for its prior fiscal year, consisting of a balance sheet, profit and loss statement and such other financial statements as may be a ppropriate, which shall demonstrate that the Proposer possesses adequate financial ability and stability to enable the Proposer to fulfill its obligations in connection with the management and operation of Fixed Route Transit and Paratransit/Dial-A-Ride services under the terms of the agreement to be executed with the City. The City makes no representation that it will be able to maintain the confidentia lity of proposers’ financial information. A Proposer that submits financial information which it asks to have treated as confidential should submit a statement justifying its treatment as confidential under the California Public Records Act, citing relevan t sections of the Act, and label it as a separate exhibit, clearly identified as confidential as a trade secret or otherwise and cross - referenced in the proposal.

City reserves the right to require a Proposer which has deficiencies with respect to the City’s criteria for financial strength and stability to provide financial information regarding one or more principals or guarantors of Proposer, which principals or guarantors, upon approval by City, would be required to execute a guaranty of Proposer’s obligations upon award of the contract.

H. Reservations & Dispatch Function

Proposer’s proposal shall describe and detail how paratransit Dial -a-Ride service trip requests , cancellations and inquiries, and general requests for transit information will be ans wered. The proposal shall specify the technology and systems to be used to record, organize and maintain paratransit Dial -a-Ride service client records, trip reservations and dispatch records. Proposals shall also detail the languages that the Proposer’s reservations/dispatch center staff will be able to immediately support and how callers using other languages will be accommodated and how quickly such language services w ill be able to respond.

All Proposer’s must have reservation/dispatch center staff flu ent in English and Spanish, with immediate access to outside interpreters for all other languages.

I. Equipment

The Proposer shall provide all equipment other than service vehicles to operate the City’s Fixed Route Transit and Dial-A-Ride services.

City of El Monte – Transit and Paratransit Operations - RFP 65 of 77

J. Maintenance, Storage and Refueling of Vehicles

Each proposal shall specify the location where the Proposer contemplates maintaining and storing all vehicles, including Fixed Route Transit service buses, paratransit vans and bus es owned by the City. The Proposer’s proposal shall identify and describe the features of the proposed facility. At a minimum, such facility should have all the requirements as set forth in Part I, Section B (Scope of Services). Each Proposer shall disclose in its proposal the legal status of any and all facilities identified in support of its proposal, that is, whether the facility is presently owned or leased by Proposer or whether there is guarantee that the stated facility will be available for the Fixed Route Transit and Dial-A-Ride services.

The foregoing notwithstanding, the City’s Fixed Route Transit service buses shall be refueled at the City’s facility located at 3629 Cypress Avenue in El Monte , unless otherwise instructed by the City.

K. Maintenance Program

The Proposer must have the capability to carry out the complete maintenan ce program as outlined in this RFP. The Proposer must document in the proposal its maintenance record -keeping and accounting system, and procedures for administering a preventive maintenance program.

L. Safety Program

Proposer must have an ongoing, comprehensive safety program that shall be documented and described in the proposal. Each proposal shall include a copy of any written polices of the Proposer which set forth the Proposer’s ongoing, comprehensive safety program.

M. Screening and Selection Program

Each proposal must describe and document the Proposer’s screening program for vehicle operator’s employees including the Proposer’s substance abuse/alcohol abuse screening program. Each Proposer shall include a copy of any written policies which set forth the Proposer’s screening program.

N. Training and Retraining Program

Each PROPOSER must have a training program that will assure that all personnel will meet satisfactory standards and knowledge for performing Fixed Route Transit and Dial -A-Ride services. The training program must be documented in the City of El Monte – Transit and Paratransit Operations - RFP 66 of 77

proposal, and each proposal shall explain how replacement personnel to accommodate turnover are to be trained without detriment to t he transit and paratransit programs or the quality of training. The Proposer shall include a copy of any written policies of Proposer that set forth the Proposer’s training program.

O. Data Collection

Proposer shall describe and detail how it will meet or exceed all data collection, record-keeping, and reporting requirements specified herein.

P. Innovation and Route Reconfiguration
Proposer shall describe their ability and experience working with cities on innovations such as applications for real-time bus arrivals, route maps, and schedule; and on route reconfiguration.

Q. Implementation/Transition Plan and Time Schedule

Each Proposer shall submit an implementation/transition plan and time schedule setting forth the sequence of events and associated t ime requirements proposed to be undertaken from the point of contract award through the first full month of system operations under the new Agreement. The time schedule must demonstrate how the transition to the new Proposer on July 1 , 2022, will be accomplished with no disruption to the overall transit and paratransit programs.

City of El Monte – Transit and Paratransit Operations - RFP 67 of 77

IV. CONTRACTOR DUTIES AND RESPONSIBILITIES: MAINTENANCE

Contractor shall perform the duties and accept the responsibilities set forth below in connection with the maintenance of vehicles and equipment used in the performance of its agreement with the City. The omission of a duty or responsibility herein below shall not relieve the Contractor of its obligation to perform such duty or accept such responsibility, so long as it is usual, customary and generally accepted within the public transportation industry as being an integral element of operating public transit and paratransit systems.

Contractor’s duty and responsibility to maintain all vehicles and equipment shall not be delegated to any other person, firm or corporation without explicit written City approval.

A. Maintenance – General

Contractor shall be responsible for the maintenance of all vehicles, communication systems, on-board camera and data collection systems, farebox system, and all other equipment, furnishings, and accessories required in connection with its operation of El Monte’s transit and paratransit services in a clean, safe, sound, and operable condition at all times, and fully in accordance with any manufacturer- recommended maintenance procedures and specifications, as well as with the applicable requirements of any federal or state statute or regulation. In this regard, Contractor shall provide all labor, repairs, parts, supplies, maintenance tools a nd equipment, lubricants, solvents, service facilities and such other components and services which may be required to fulfill its main tenance responsibilities, at Contractor’s sole cost and expense.

B. Maintenance and Operations Facility

Contractor shall establish and maintain an operations and maintenance facility per the RFP. In addition to those requirements, said facility shall, at a minimum, meet the following requirements to support the maintenance of transit and paratransit vehicles used in the performance of the agreement with the City:
• All tools and equipment necessary to perform periodic repairs and the preventive maintenance activities for gasoline and CNG powered vehicles. • All tools and equipment necessary to perform periodic service and adjustments and make mechanical repairs.
• Facilities and equipment necessary to clean the vehicles and equipment in accordance with the specifications.

City of El Monte – Transit and Paratransit Operations - RFP 68 of 77

C. Maintenance Management and Personnel

1. Maintenance Management

Contractor shall designate and provide the services of a qualified Maintenance Manager, subject to the approval of the City. This individual may be the lead mechanic and shall be assigned to the maintenance operations of the Contractor on an acceptable fleet to mechanic ratio.

The Maintenance Manager shall provide proactive resource management including but not limited to preventive maintenance scheduling and supervision, repair supervision, technical training, and such other activities as may be necessary to ensure the performance of the Contractor’s maintenance duties and responsibilities.

The Maintenance Manager shall have a minimum of three (3) years’ experience managing and supervising the maintenance functions of a shop similar in size and complexity to the services herein described. The Maintenance Manager shall have a minimum of five (5) years journeyman level experience with gasoline and CNG engines, air conditioning systems, wheelchair lifts and farebox systems. This experience shall include work on vehicles similar to those used in the City of El Monte transit services.

Should the services of the Maintenance Manager become unavailable to the Contractor, the resume and qualifications of the proposed replacement shall be submitted to City for approval as soon as possible, but in no event later than five (5) working days prior to the departure of then incumbent Maintena nce Manager, unless Contractor is not provided with such notice by the departing employee, in which case said resume and qualifications will be provided to the City within 5 days of the Manager’s departure. The City shall respond to the Contractor within five (5) working days following receipt of these qualifications concerning acceptance of the candidate for replacement of the Maintenance Manager.

2. Maintenance Personnel
In addition to the Maintenance Manager, the Contractor shall hire and employ other maintenance and service personnel as necessary to properly maintain and service the vehicles used in the performance of the agreement with the City.

Maintenance personnel assigned to work on vehicles and equipment used by Contractor shall have the necessary skills to:

a. Conduct preventive maintenance inspections and
complete associated paperwork;
City of El Monte – Transit and Paratransit Operations - RFP 69 of 77

b. Inspect vehicle engines, transmissions, and other mechanical, elect rical and electronic parts and components;
c. Diagnose vehicle engine, transmission, electrical and electronic component system problems; and
d. Repair vehicle engines, transmissions, and other mechanical, electrical and electronic parts and components.

D. Preventive Maintenance

Contractor shall document and submit a proactive preventive maintenance program for review and approval by the City prior to the effective date of the Agreement. As a minimum, the Contractor’s preventive maintenance program shall ad here to the preventive maintenance schedules and standards of the industry and shall be sufficient so as not to invalidate or lessen warranty coverage of any El Monte Transit vehicle or associated equipment. Adherence to preventive maintenance schedules sh all not be regarded as reasonable cause to defer maintenance in specific instances where the Contractor’s employees observe that maintenance is needed in advance of scheduled maintenance.

The Contractor shall not defer maintenance for reasons of shortage of maintenance staff or operable vehicles, nor shall service be curtailed for the purpose of performing maintenance without prior written consent of the City. Preventive maintenanc e and running repairs shall receive first priority in the use of the Contractor’s maintenance resources. The Contractor shall adjust the work schedules of its employees as necessary to meet all scheduled services and complete preventive maintenance activities according to the schedule approved by the City.

E. General Maintenance Policies

• All wheelchair lift-related equipment shall be inspected, serviced and lubricated at intervals necessary to ensure that the wheelchair lifts are fully operational whenever the vehicle is used in revenue service.
• Brake inspections and adjustments shall be performed at intervals that ensure the safe and efficient operation of the braking system. • All components of the vehicle bodies, appurtenances and frames shall be maintained in a safe, sound and undamaged condition at all times. • All mec hanical, electrical, fluid, air and/or hydraulic systems shall be maintained in a safe and fully functional, as designed, condition at all times. • The interior passenger compartment shall be free of exhaust fumes from the engine, engine compartment and exhaust system of the vehicle.

City of El Monte – Transit and Paratransit Operations - RFP 70 of 77

• Heating, ventilation and air conditioning (HVAC) systems shall be maintained and used to ensure that the passenger compartment temperature is comfortably maintained under all climatic conditions at all times on all in-service hours. The Contractor shall maintain the A/C systems in an operable condition throughout the entire year.
• All parts, materials, tires, lubricants, fluids, oils and procedures used by the Contractor on all vehicles and equipme nt shall meet or exceed OEM Specifications and requirements.

F. Daily Vehicle Servicing

Contractor shall perform daily vehicle servicing to all vehicles and equipment used in revenue service. Daily servicing shall include, but not be limited to:
• Fueling
• Engine oil, coolant, water and transmission fluid check/add • Farebox check
• Wheelchair lift check
• Brake and brake line check
• Light and Flasher check
• Interior sweeping and dusting
• Exterior and interior visual inspection
• Check all vehicle performance defects reported by drivers to identify potential safety and reliability items requiring immediate attention

Contractor shall develop, implement and maintain a written checklist of items included in the daily servicing of each vehicle. The checklist shall be utilized and kept on file for City and California Highway Patrol review. This checklist requirement may incorporate, or supplement CHP required driver’s pre-trip safety inspections.

G. Daily Driver’s Inspection

13 CCR 1234 lists t he records required by regulation to be k ept by motor vehicle carriers. Section 1234, 13 CCR reads, in part: (e) Daily Vehicle Inspection Reports:

Motor carriers shall require drivers to submit a documented daily vehicle inspection report pursuant to section 1215(b). Reports shall be carefully examined, defects shall be corrected before the vehicle is driven on the highway and carriers shall retain such reports.

13 CCR 1215 (a) reads: “Prior to operation, the driver shall inspect each vehicle daily to ascertain that it is in safe condition, it is equipped as required by all provisions of law, and all equipment is in good working order.” The requirement to perform a daily City of El Monte – Transit and Paratransit Operations - RFP 71 of 77

pre-trip inspection applies to all drivers of all vehicles listed in 34500 CVC, without exception. There is no legal provision f or this task to be delegated to someone other than the driver, such as to a mechanic who may arrive at work early to sta rt all of the vehicles and “check them out.”

The Drivers Daily Vehicle Inspection Report is not required to be submitted or otherwise documented until the end of the driver’s work period. This is so that any defects that become apparent during the course of the work period can be included in the report. This report is required whether or not any defects are found.

H. Vehicle Cleaning

Contractor shall maintain all vehicles in a clean and neat condition at all times.

Any damage to seat upholstery and graffiti shall be repaired/removed immediately upon discovery. Ceilings and walls shall be thoroughly cleaned at least once per month, or more often as necessary.

Vehicles shall be kept free of vermin and insects at all times. Contractor shall exterminate all vermin and insects from all vehicles immediately upon their discovery, utilizing safe and non-hazardous materials.

Contractor shall perform complete vehicle detailing on each vehicle, twice per year on a schedule approved by the City. Detailing shall include, at a minimum: the cleaning of all interior surfaces using an appropriate cleaner and treatment using an appropriate protectant; cl eaning of the vehicle exterior followed by the application of an appropriate polish and wax; and cleaning, polishing and treatment of all wheels, rims and tires.

Contractor shall schedule vehicle detailing in a manner that does not adversely affect service operations.

I. Fuel

Contractor shall fuel all Fixed Route transit vehicles belonging to City and used by the Contractor in the performance of the A greement with the City. Contractor shall be responsible for all fueling costs associated with the vehicles belonging to the City and used by the Contractor in the performance of the Agreement wit h the City for paratransit Dial-A-Ride vehicles.

City of El Monte – Transit and Paratransit Operations - RFP 72 of 77

Contractor shall maintain accurate records of all fuel utilized for fueling revenue vehicles.

J. Vehicle Towing

In the event that towing of any vehicle is required due to mechanical failure or damage, the Contractor shall be responsible to provide such towing at the Contractor’ sole expense.

K. Emissions Control Programs

Contractor shall perform and certi fy such tests of equipmen t required to meet City, other local, state, and federal require ments related to exhaust smoke and engine emissions.

Contractor shall be responsible to maintain any applicable California Air Resources Board (CARB) Voluntary Compliance Program objectives subject to El Monte Transit and Paratransit operations.

Contractor shall be responsible for administration of a S mog Check progra m for El Monte Transit and Paratransit program vehicles. Contractor shall be responsible for emissions testing and shall further be responsible to conduct repairs as required to meet emissions standards.

L. Maintenance Evaluations

Contractor shall allow City access to Contractor’s facilities and records to monitor Contractor’s maintenance performance, as City deems necessary. City may perform regular, unannounced maintenance inspections of vehicles and equipment maintained by Contractor that are used in this project using both City personnel and independent consultants to assist in determining the Contractor’s maintenance performance. City shall be permitted to view and copy any vehicle maintenance records, inspect vehicles and equipment, and r equest the Contractor’s personnel to drive vehicles as is necessary to evaluate the condition of vehicles and eq uipment used in the performance of the Contractor’s agreement with the City.

M. Out-of-Service Designation

A vehicle shall be designated as unfit for revenue service if, upon inspection, any of the following conditions are found:
• Brakes out of adjustment
City of El Monte – Transit and Paratransit Operations - RFP 73 of 77

• Loose steering components
• Wheelchair lift and related equipment not functioning properly • Air conditioner unable to maintain a reasonable and comfortable temperature • Heating or defrosting inoperable
• “Missed” Preventive Maintenance Inspection
• Tires with tread depth of less than 2/32” for back tires and 4/32” for front tires • Failure to clean each vehicle as outlined above
• Failure to repair vehicle body damage within twenty -one days of the date damage occurred
• Inoperable Emergency Exits/Doors/Windows
• Inoperable two-way radio
• Inoperable farebox
• Failure to achieve a satisfactory rating in any category of the annual California Highway Patrol Safety Compliance report (CHP 343)
• Removal from road -worthy status by CHP of any vehicle used u nder the agreement with City
• Any condition not in compliance with ADA
• Any condition not in compliance with applicable federal or state regulations

Vehicles shall continue to have the Out-of-Service Designation until it is brought into compliance, subject to approval by the City.

Contractor shall not be paid for hours operated in revenue service by vehicles that are in an Out-of-Service condition. City may, at its sole discretion, correct any unresolved Out-of-Service condition and withhold the costs related to such correction(s) from payment to the successful proposer.

N. Maintenance Records and Reports

Contractor shall prepare, maintain, make available to City, and reduce to written form, records and data relative to vehicles and equipment mainte nance. Maintenance records shall be maintained on all vehicles indicating all warranty work, preventive maintenance and repairs performed on each vehicle. All such records and reports shall be prepared and maintained in such a manner so as to fulfill any applicable state or federal requirements, as well as any needs of City to enable it to accurately evaluate Contractor’s maintenance performance and the operating expense associated with various vehicles and equipment.

Records of all maintenance and inspe ctions shall be made available to the City, the CHP and/or such other regulatory agencies with jurisdiction when requested. City maintains the right to inspect, examine and test, at any reasonable time, any vehicles City of El Monte – Transit and Paratransit Operations - RFP 74 of 77

used in performance of the Agreement and any equipment used in the performa nce of maintenance work in order to ensure compliance with the Agreement . Such inspection shall not relieve the successful proposer of the obligation to continually monitor the condition of all vehicles and to identify an d correct all substandard or unsafe conditions immediately upon discovery.

Contractor shall transport any or all vehicles and equipment to any required inspection facilities when requested. In the event that the successful proposer is instructed by the City or any other regulatory agency to remove any equipment from service due to mechanical reasons, Contractor shall make any and all specified corrections and repairs to the equipment and resubmit the equipment for inspection and testing before it is again placed in service.

Contractor shall prepare maintenance records and reports in a form and according to a schedule approved by the City. Such records and reports shall include, but not be limited to, the following:

• Daily vehicle inspection and servicing checklist
• Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed
• Road call reports, or work order, for each road call identifying date and time, vehicle number, problem and mileage of vehicle
• Monthly vehicle summary to be included as part of the Monthly Management Report, listing, at a minimum, the operation status of each vehicle, vehicle mileage, vehicle mileage since last preventive maintenance inspection, vehi cle fuel and lubricants consumption, vehicle road calls and maintenance or repair work done during that month
• Semi-annual fleet summary listing each vehicle : vehicle mileage; vehicle year-to- date total miles; vehicle year -to-date fuel consumption and mil es per ga llon; vehicle year-to-date maintenance costs and cost per mile; route service, total road calls and miles per road call
• Contractor’s summary of maintenance problems, particularly components with high incidences of in -service failures and steps taken or recommendations to reduce such problems and in-service failures

Contractor shall submit to the City copies of the California Highway Patrol (CHP) Annual Safety Compliance Report (CHP 343) and Vehicle Inspection Reports (CHP 343a) within one (1) b usiness d ay of the conclusion of any such CHP insp ection.

Contractor shall attain satisfactory rating in each category o f the Safety Compliance Report (maintenance records, driver records, regulated equipment and terminal).

City of El Monte – Transit and Paratransit Operations - RFP 75 of 77

Contractor shall expeditiously c orrect an y deficiencies noted on any CHP vehicle inspection report.

Receipt of an unsatisfactory rating on a CHP terminal inspection may constitute grounds for penalties/liquidated damages by the City, up to and including contract termination.

O. Vehicle Maintenance Recordkeeping

Contractor shall maintain an up -to-date vehicle file for each vehicle containing, at a minimum, the following information:
• Make
• Model
• Serial number/ fleet number
• License number
• Date received
• Date placed in service
• Life miles
• Vehicle repairs
• Preventive Maintenance Inspection Reports
• Daily “Vehicle Condition” Reports
• Work Orders

The “Preventive Maintenance Inspection” Reports shall be kept indefinitely and provided to the City at the end of the contract. Daily “Vehicle Condition” Reports shall be kept indefinitely and provided to the City at the end of the contract.

Copies of the “Preventive Maintenance Inspection” Reports shall be made available to the City upon request , including all work accomplished with the manu facturer’s instructions and warranty conditions and daily “Vehicle Condition” Reports.

Contractor shall submit the entire vehicle file to the City upon request and upon expiration or termination of this agreement.

P. Environmental Compliance

For the purposes of this Section:
"Applicable Environmental Laws" means any and all laws concerning the protecti on of human health and the environment which include, but will not be limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, City of El Monte – Transit and Paratransit Operations - RFP 76 of 77

et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §§1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Hazardous Materials Transportation Ac t, 49 U.S.C. §§ 1471 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 through 2629; and the Safe Drinking Water Act, 42 U.S.C. 300f through 300j; as they have been or will be amended from time to time, and the regulations implementing such statutes; and any similar state, county, municipal or other local laws and ordinances concerning the protection of human health and the environment and the regulations implementing such statutes.

"Hazardous Substance(s)" means any substance, material, chemical or waste that is or will be listed or defined as hazardous, toxic or dangerous under any Applicable Environmental Law, or any petroleum products, or any substance, material, chemical or waste which is or may become, directly or indirectly, by chemical re action or otherwise, hazardous, toxic or dangerous to life, health, property or the environ ment by reason of toxicity, flammability, explosiveness, corrosiveness or any other reasons.

In performing its maintenance obligations under this Contract, Contractor shall be responsible for the proper storage, handling, use, transportation and disposal of all Hazardous Substances in accordance with Applicable Environmental Laws, including without limitation, all lubricants, solvents, motor oil and other petroleum p roducts.

Contractor shall only dispose of such materials at facilities which are permitted or licensed in accordance with Applicable Environmental Laws. Furthermore, in the event that Contractor engages the services of a disposal company for the transportation and disposal of any Hazardous Substances, Contractor shall ensure that such company is properly licensed and that it transports and disposes of Hazardous Substances in accordance with the terms of this Contract , applicable codes and/or regulations, et c.

Contractor shall maintain procedures for its employees and any subcontractors who handle Hazardous Substances and shall retain records regarding compliance with the responsibilities contained herein.

Q. ADA Compliance

In the performance of its agreeme nt with the City, the Contractor shall ensure compliance at all times with the Provision of Service requirements of the Americans with Disabilities Act [37 CFR Subpart G, Sections 37.161 through 37.167] including, but not limited to:
• Maintenance of accessible features
• Keeping vehicle lifts in operative condition
• Lift and securement use
• Assisting individuals with disabilities in use of securement systems, ramps and lifts City of El Monte – Transit and Paratransit Operations - RFP 77 of 77

• Permitting individuals who do not use wheelchairs, including standees, to use a vehicle’s lift or ramp to enter the vehicle
• Announcing of stops on fixed route buses
• Permitting service animals to accompany individuals with disabilities in vehicles and facilities
• Making available adequate information concerning transportation services in accessible formats or technology
• Not prohibiting an individual with a disab ility from traveling with a respirator or portable oxygen supply
• Ensuring that adequate time is allowed for individuals with disabilities to complete boarding or disembarking from the vehicle
• Adhering to the City’s Reasonable Modification (Exhibit K)

EXHIBIT A
Route Maps & Time Schedules

There will be no bus service on the following holidays: New Year’s Day, President’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

On Christmas Eve and New Year’s Eve bus service will end at 5:30 p.m.

City of EL Monte Trolley Station (626) 448-4909
3679 Center Avenue, El Monte, CA 91731
www.ElMonteCA.gov
Trolley Station Office Hours:

Monday - Thursday 8:00 a.m. – 5:00 p.m.

Saturday & Sunday 9:30 a.m. – 4:00 p.m.
(Closed for lunch 12:30 - 1:15 p.m.)
*Trolley Station office hours of operation subject to change.

For transit connections, please visit:
www.google.com/transit
Rev. 9/21

DAYS
OF

SERVICE
Trolley
Station
Santa
Anita
&
Bryant
Bryant
&
Elrovia
Peck
&
Hemlock
Cogswell
&
Emery
Ramona
&
Durfee
Ramona
&
Peck
Tyler
&
Ramona
Trolley
Station
Monday -
Friday 6:00 a 6:04 a 6:08 a 6:12 a 6:18 a 6:23 a 6:29 a 6:35 a 6:40 a Monday -
Friday 6:50 a 6:54 a 6:58 a 7:02 a 7:08 a 7:13 a 7:19 a 7:25 a 7:30 a Monday -
Friday 7:40 a 7:44 a 7:48 a 7:52 a 7:58 a 8:03 a 8:09 a 8:15 a 8:20 a Monday -
Friday 8:30 a 8:34 a 8:38 a 8:42 a 8:48 a 8:53 a 8:59 a 9:05 a 9:10 a Monday –
Sat./Sun. 9:20 a 9:24 a 9:28 a 9:32 a 9:38 a 9:43 a 9:49 a 9:55 a 10:00 a Monday –
Sat./Sun. 10:10 a 10:14 a 10:18 a 10:22 a 10:28 a 10:33 a 10:39 a 10:45 a 10:50 a Monday -
Sat./Sun. 11:00 a 11:04 a 11:08 a 11:12 a 11:18 a 11:23 a 11:29 a 11:35 a 11:40 a Monday -
Sat./Sun. 11:50 a 11:54 a 11:58 a 12:02 p 12:08 p 12:13 p 12:19 p 12:25 p 12:30 p Monday -
Sat./Sun. 12:40 p 12:44 p 12:48 p 12:52 p 12:58 p 1:03 p 1:09 p 1:15 p 1:20 p Monday -
Sat./Sun. 1:30 p 1:34 p 1:38 p 1:42 p 1:48 p 1:53 p 1:59 p 2:05 p 2:10 p Monday -
Sat./Sun. 2:20 p 2:24 p 2:28 p 2:32 p 2:38 p 2:43 p 2:49 p 2:55 p 3:00 p Monday -
Sat./Sun. 3:10 p 3:14 p 3:18 p 3:22 p 3:28 p 3:33 p 3:39 p 3:45 p 3:50 p Monday -
Sat./Sun. 4:00 p 4:04 p 4:08 p 4:12 p 4:18 p 4:23 p 4:29 p 4:35 p 4:40 p Monday -
Sat./Sun. 4:50 p 4:54 p 4:58 p 5:02 p 5:08 p 5:13 p 5:19 p 5:25 p 5:30 p Monday -
Sat./Sun. 5:40 p 5:44 p 5:48 p 5:52 p 5:58 p 6:03 p 6:09 p 6:15 p 6:20 p Monday -
Friday 6:30 p 6:34 p 6:38 p 6:42 p 6:48 p 6:53 p 6:59 p 7:05 p 7:10 p

Map not to scale

Time Points ● Fare: 5 years and older .50¢;

1. El Monte Trolley Station 4 years and under are free with each

2. Santa Anita Ave. & Bryant Rd. paying adult (two maximum).

3. Bryant Rd. & Elrovia Ave.

4. Peck Rd. & Hemlock St. ● Trolley Tokens are sold in Value Packs

5. Cogswell Rd. & Emery St. to provide greater savings to our riders.

6. Ramona Blvd. & Durfee Ave.

7. Ramona Blvd. & Peck Rd.  $20 Value Pack - 44 tokens ($22 Value)

8. Tyler Ave. & Ramona Blvd.  $10 Value Pack - 22 tokens ($11 Value)

9. El Monte Trolley Station  $5 Token Pack - 10 tokens ($5 Value)

Buses are:

Wheelchair accessible
Bicycle accessible

• If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita información en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Nếu cần thông tin ở ngôn ngữ khác, hãy liên lạc số (626) 448-4909/(626) 580-2217 • 若需要其他語言版本的資訊，請致電(626) 448-4909/(626) 580-2217

Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance.

There will be no bus service on the following holidays: New Year’s Day, President’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

On Christmas Eve and New Year’s Eve bus service will end at 5:30 p.m.

Rev. 9/21
DAYS
OF

SERVICE
Trolley
Station
Valley
&
Mt. View
Lexington
&
Garvey
Merced
&
Towneway
Rio Hondo
&
Mildred
Tyler
&
Ramona
Ramona
&
Santa Anita
Trolley
Station
Monday -
Friday 6:00 a 6:07 a 6:15 a 6:20 a 6:24 a 6:28 a 6:30 a 6:32 a Monday -
Friday 6:50 a 6:57 a 7:05 a 7:10 a 7:14 a 7:18 a 7:20 a 7:22 a Monday -
Friday 7:40 a 7:47 a 7:55 a 8:00 a 8:04 a 8:08 a 8:10 a 8:12 a Monday -
Friday 8:30 a 8:37 a 8:45 a 8:50 a 8:54 a 8:58 a 9:00 a 9:02 a Monday –
Sat./Sun. 9:20 a 9:27 a 9:35 a 9:40 a 9:44 a 9:48 a 9:50 a 9:52 a Monday –
Sat./Sun. 10:10 a 10:17 a 10:25 a 10:30 a 10:34 a 10:38 a 10:40 a 10:42 a Monday -
Sat./Sun. 11:00 a 11:07 a 11:15 a 11:20 a 11:24 a 11:28 a 11:30 a 11:32 a Monday -
Sat./Sun. 11:50 a 11:57 a 12:05 p 12:10 p 12:14 p 12:18 p 12:20 p 12:22 p Monday -
Sat./Sun. 12:40 p 12:47 p 12:55 p 1:00 p 1:04 p 1:08 p 1:10 p 1:12 p Monday -
Sat./Sun. 1:30 p 1:37 p 1:45 p 1:50 p 1:54 p 1:58 p 2:00 p 2:02 p Monday -
Sat./Sun. 2:20 p 2:27 p 2:35 p 2:40 p 2:44 p 2:48 p 2:50 p 2:52 p Monday -
Sat./Sun. 3:10 p 3:17 p 3:25 p 3:30 p 3:34 p 3:38 p 3:40 p 3:42 p Monday -
Sat./Sun. 4:00 p 4:07 p 4:15 p 4:20 p 4:24 p 4:28 p 4:30 p 4:32 p Monday -
Sat./Sun. 4:50 p 4:57p 5:05 p 5:10 p 5:14 p 5:18 p 5:20 p 5:22 p Monday -
Sat./Sun. 5:40 p 5:47 p 5:55 p 6:00 p 6:04 p 6:08 p 6:10 p 6:12 p Monday -
Friday 6:30 p 6:37 p 6:45 p 6:50 p 6:54 p 6:58 p 7:00 p 7:02 p City of EL Monte Trolley Station (626) 448-4909
3679 Center Avenue, El Monte, CA 91731
www.ElMonteCA.gov
Trolley Station Office Hours:

Monday - Thursday 8:00 a.m. – 5:00 p.m.

Saturday & Sunday 9:30 a.m. – 4:00 p.m.
(Closed for lunch 12:30 - 1:15 p.m.)
*Trolley Station office hours of operation subject to change.

For transit connections, please visit:
www.google.com/transit

Time Points ● Fare: 5 years and older .50¢;

1. El Monte Trolley Station 4 years and under are free with each

2. Valley Blvd. & Mt. View Rd. paying adult (two maximum).

3. Lexington Ave. & Garvey Ave.

4. Merced Ave. & Towneway Dr. ● Trolley Tokens are sold in Value Packs

5. Rio Hondo Pkwy. & Mildred St. to provide greater savings to our riders.

6. Tyler Ave. & Ramona Blvd.

7. Ramona Blvd. & Santa Anita Ave.

8. El Monte Trolley Station  $20 Value Pack - 44 tokens ($22 Value)  $10 Value Pack - 22 tokens ($11 Value)
 $5 Token Pack - 10 tokens ($5 Value)
Buses are:

Wheelchair accessible
Bicycle accessible

Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance.

DAYS
OF

SERVICE
Trolley
Station
Peck
&
Ramona
Ferris
&
Durfee
Magnolia
&
Parkway
Klingerman
&
Peck
Garvey
&
Tyler
Tyler
&
Valley Mall
Trolley
Station
Monday -
Friday 6:00 a 6:04 a 6:10 a 6:16 a 6:24 a 6:31 a 6:35 a 6:40 a Monday -
Friday 6:50 a 6:54 a 7:00 a 7:06 a 7:14 a 7:21 a 7:25 a 7:30 a Monday -
Friday 7:40 a 7:44 a 7:50 a 7:56 a 8:04 a 8:11 a 8:15 a 8:20 a Monday -
Friday 8:30 a 8:34 a 8:40 a 8:46 a 8:54 a 9:01 a 9:05 a 9:10 a Monday –
Sat./Sun. 9:20 a 9:24 a 9:30 a 9:36 a 9:44 a 9:51 a 9:55 a 10:00 a Monday –
Sat./Sun. 10:10 a 10:14 a 10:20 a 10:26 a 10:34 a 10:41 a 10:45 a 10:50 a Monday -
Sat./Sun. 11:00 a 11:04 a 11:10 a 11:16 a 11:24 a 11:31 a 11:35 a 11:40 a Monday -
Sat./Sun. 11:50 a 11:54 a 12:00 p 12:06 p 12:14 p 12:21 p 12:25 p 12:30 p Monday -
Sat./Sun. 12:40 p 12:44 p 12:50 p 12:56 p 1:04 p 1:11 p 1:15 p 1:20 p Monday -
Sat./Sun. 1:30 p 1:34 p 1:40 p 1:46 p 1:54 p 2:01 p 2:05 p 2:10 p Monday -
Sat./Sun. 2:20 p 2:24 p 2:30 p 2:36 p 2:44 p 2:51 p 2:55 p 3:00 p Monday -
Sat./Sun. 3:10 p 3:14 p 3:20 p 3:26 p 3:34 p 3:41 p 3:45 p 3:50 p Monday -
Sat./Sun. 4:00 p 4:04 p 4:10 p 4:16 p 4:24 p 4:31 p 4:35 p 4:40 p Monday -
Sat./Sun. 4:50 p 4:54 p 5:00 p 5:06 p 5:14 p 5:21 p 5:25 p 5:30 p Monday -
Sat./Sun. 5:40 p 5:44 p 5:50 p 5:56 p 6:04 p 6:11 p 6:15 p 6:20 p Monday -
Friday 6:30 p 6:34 p 6:40 p 6:46 p 6:54 p 7:01 p 7:05 p 7:10 p

There will be no bus service on the following holidays: New Year’s Day, President’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

On Christmas Eve and New Year’s Eve bus service will end at 5:30 p.m.

City of EL Monte Trolley Station (626) 448-4909
3679 Center Avenue, El Monte, CA 91731
www.ElMonteCA.gov
Trolley Station Office Hours:

Monday - Thursday 8:00 a.m. – 5:00 p.m.

Saturday & Sunday 9:30 a.m. – 4:00 p.m.
(Closed for lunch 12:30 - 1:15 p.m.)
*Trolley Station office hours of operation subject to change For transit connections, please visit:
www.google.com/transit
Rev. 9/21

Time Points ● Fare: 5 years and older .50¢;

1. El Monte Trolley Station 4 years and under are free with each

2. Peck Rd & Ramona Blvd. paying adult (two maximum).

3. Ferris Rd. & Durfee Ave.

4. Magnolia St. & Parkway Dr. ● Trolley Tokens are sold in Value Packs

5. Klingerman St. & Peck Rd. to provide greater savings to our riders.

6. Garvey Ave. & Tyler Ave.

7. Tyler Ave. & Valley Mall  $20 Value Pack - 44 tokens ($22 Value

8. El Monte Trolley Station  $10 Value Pack - 22 tokens ($11 Value)  $5 Token Pack - 10 tokens ($5 Value)
Buses are:

Wheelchair accessible
Bicycle accessible

• If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita información en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Nế u cần thông tin ở ngôn ngữ khác, hãy liên lạc số (626) 448-4909/(626) 580-2217 • 若需要其他語言版本的資訊，請致電(626) 448-4909/(626) 580-2217

Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance.

DAYS
OF

SERVICE
Trolley
Station
Valley
Blvd.
&
Arden
Bisby
&
Arden
Arden
Way
&
Lower
Azusa
Lower
Azusa
&
Cedar
Hemlock
&
Peck
McGirk
&
Cypress
Tyler
&
Valley
Mall
Ramona
&
Santa
Anita
Trolley
Station
Monday -
Friday 6:00 a 6:04 a 6:07 a 6:11 a 6:18 a 6:23 a

6:27 a 6:32 a 6:36 a 6:40 a
Monday -
Friday 6:50 a 6:54 a 6:57 a 7:01 a 7:08 a 7:13 a 7:17 a 7:22 a 7:26 a 7:30 a Monday -
Friday 7:40 a 7:44 a 7:47 a 7:51 a 7:58 a 8:03 a 8:07 a 8:12 a 8:16 a 8:20 a Monday -
Friday 8:30 a 8:34 a 8:37 a 8:41 a 8:48 a 8:53 a 8:57 a 9:02 a 9:06 a 9:10 a Monday –
Sat./Sun. 9:20 a 9:24 a 9:27 a 9:31 a 9:38 a 9:43 a 9:47 a 9:52 a 9:56 a 10:00 a Monday –
Sat./Sun. 10:10 a 10:14 a 10:17 a 10:21 a 10:28 a 10:33 a 10:37 a 10:42 a 10:46 a 10:50 a Monday -
Sat./Sun. 11:00 a 11:04 a 11:07 a 11:11 a 11:18 a 11:23 a 11:27 a 11:32 a 11:36 a 11:40 a Monday -
Sat./Sun. 11:50 a 11:54 a 11:57 a 12:01 p 12:08 p 12:13 p 12:17 p 12:22 p 12:26 p 12:30 p Monday -
Sat./Sun. 12:40 p 12:44 p 12:47 p 12:51 p 12:58 p 1:03 p 1:07 p 1:12 p 1:16 p 1:20 p Monday -
Sat./Sun. 1:30 p 1:34 p 1:37 p 1:41 p 1:48 p 1:53 p 1:57 p 2:02 p 2:06 p 2:10 p Monday -
Sat./Sun. 2:20 p 2:24 p 2:27 p 2:31 p 2:38 p 2:43 p 2:47 p 2:52 p 2:56 p 3:00 p Monday -
Sat./Sun. 3:10 p 3:14 p 3:17 p 3:21p 3:28 p 3:33 p 3:37 p 3:42 p 3:46 p 3:50 p Monday -
Sat./Sun. 4:00 p 4:04 p 4:07 p 4:11 p 4:18 p 4:23 p 4:27 p 4:32 p 4:36 p 4:40 p Monday -
Sat./Sun. 4:50 p 4:54 p 4:57 p 5:01 p 5:08 p 5:13 p 5:17 p 5:22 p 5:26 p 5:30 p Monday -
Sat./Sun. 5:40 p 5:44 p 5:47 p 5:51 p 5:58 p 6:03 p 6:07 p 6:12 p 6:16 p 6:20 p Monday -
Friday 6:30 p 6:34 p 6:37 p 6:41 p 6:48 p 6:53 p 6:57 p 7:02 p 7:06 p 7:10 p

There will be no bus service on the following holidays: New Year’s Day, President’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

On Christmas Eve and New Year’s Eve bus service will end at 5:30 p.m.

Rev. 9/21

City of EL Monte Trolley Station (626) 448-4909
3679 Center Avenue, El Monte, CA 91731
www.ElMonteCA.gov
Trolley Station Office Hours:

Monday - Thursday 8:00 a.m. – 5:00 p.m.

Saturday & Sunday 9:30 a.m. – 4:00 p.m.
(Closed for lunch 12:30 - 1:15 p.m.)
*Trolley Station office hours of operation subject to change.

For transit connections, please visit:
www.google.com/transit

Time Points ● Fare: 5 years and older .50¢;

1. El Monte Trolley Station 4 years and under are free with each

2. Valley Blvd. & Arden Dr. paying adult (two maximum).

3. Bisby & Arden Dr.

4. Arden Way & Lower Azusa Rd. ● Trolley Tokens are sold in Value Packs

5. Lower Azusa Rd. & Cedar Ave. to provide greater savings to our riders.

6. Hemlock St. & Peck Rd.

7. McGirk Ave. & Cypress Ave.  $20 Value Pack - 44 tokens ($22 Value)

8. Tyler Ave. & Valley Mall  $10 Value Pack - 22 tokens ($11 Value)

9. Ramona Blvd. & Santa Anita Ave.  $5 Token Pack - 10 tokens ($5 Value)

10. El Monte Trolley Station

Buses are:

Wheelchair accessible
Bicycle accessible

Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance.

DAYS
OF

SERVICE
Trolley
Station
Elliott
&
Tyler
Fineview
&
Durfee
Parkway
&
Magnolia
Maxson
&
Elliott
Valley
&
Mtn. View
Valley
&
Johnson
Trolley
Station
Monday -
Friday 6:00 a 6:06 a 6:12 a 6:18 a 6:24 a 6:31 a 6:34 a 6:40 a Monday -
Friday 6:50 a 6:56 a 7:02 a 7:08 a 7:14 a 7:21 a 7:24 a 7:30 a Monday -
Friday 7:40 a 7:46 a 7:52 a 7:58 a 8:04 a 8:11 a 8:14 a 8:20 a Monday -
Friday 8:30 a 8:36 a 8:42 a 8:48 a 8:54 a 9:01 a 9:04 a 9:10 a Monday –
Sat./Sun. 9:20 a 9:26 a 9:32 a 9:38 a 9:44 a 9:51 a 9:54 a 10:00 a Monday –
Sat./Sun. 10:10 a 10:16 a 10:22 a 10:28 a 10:34 a 10:41 a 10:44 a 10:50 a Monday –
Sat./Sun. 11:00 a 11:06 a 11:12 a 11:18 a 11:24 a 11:31 a 11:34 a 11:40 a Monday –
Sat./Sun. 11:50 a 11:56 a 12:02 p 12:08 p 12:14 p 12:21 p 12:24 p 12:30 p Monday –
Sat./Sun. 12:40 p 12:46 p 12:52 p 12:58 p 1:04 p 1:11 p 1:14 p 1:20 p Monday –
Sat./Sun. 1:30 p 1:36 p 1:42 p 1:48 p 1:54 p 2:01 p 2:04 p 2:10 p Monday –
Sat./Sun. 2:20 p 2:26 p 2:32 p 2:38 p 2:44 p 2:51 p 2:54 p 3:00 p Monday –
Sat./Sun. 3:10 p 3:16 p 3:22 p 3:28 p 3:34 p 3:41 p 3:44 p 3:50 p Monday –
Sat./Sun. 4:00 p 4:06 p 4:12 p 4:18 p 4:24 p 4:31 p 4:34 p 4:40 p Monday –
Sat./Sun. 4:50 p 4:56 p 5:02 p 5:08 p 5:14 p 5:21 p 5:24 p 5:30 p Monday –
Sat./Sun. 5:40 p 5:46 p 5:52 p 5:58 p 6:04 p 6:11 p 6:14 p 6:20 p Monday -
Friday 6:30 p 6:36 p 6:42 p 6:48 p 6:54 p 7:01 p 7:04 p 7:10 p

There will be no bus service on the following holidays: New Year’s Day, President’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

On Christmas Eve and New Year’s Eve bus service will end at 5:30 p.m.

Rev. 9/21

City of EL Monte Trolley Station (626) 448-4909
3679 Center Avenue, El Monte, CA 91731
www.ElMonteCA.gov
Trolley Station Office Hours:

Monday - Thursday 8:00 a.m. – 5:00 p.m.

Saturday & Sunday 9:30 a.m. – 4:00 p.m.
(Closed for lunch 12:30 - 1:15 p.m.)
*Trolley Station office hours of operation subject to change.

For transit connections, please visit:
www.google.com/transit

Time Points ● Fare: 5 years and older .50¢;

1. El Monte Trolley Station 4 years and under are free with each

2. Elliott Ave. & Tyler Ave. paying adult (two maximum).

3. Fineview St. & Durfee Ave.

4. Parkway Dr. & Magnolia St. ● Trolley Tokens are sold in Value Packs

5. Maxson Rd. & Elliott Ave. to provide greater savings to our riders.

6. Valley Blvd. & Mountain View Rd.

7. Valley Blvd. & Johnson Ave.  $20 Value Pack - 44 tokens ($22 Value)

8. El Monte Trolley Station  $10 Value Pack - 22 tokens ($11 Value)  $5 Token Pack - 10 tokens ($5 Value)
Buses are:

Wheelchair accessible
Bicycle accessible
• If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita información en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Nếu cần thông tin ở ngôn ngữ khác, hãy liên lạc số (626) 448-4909/(626) 580-2217 • 若需要其他語言版本的資訊，請致電(626) 448-4909/(626) 580-2217

Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance.

EXHIBIT B
Dial-A-Ride Program Handout
City of El Monte

TRANSPORTATION SERVICES DIVISION
3990 Arden Drive
El Monte, California 91731
(626) 580-2217

DIAL-A-RIDE TRANSPORTATION
The City of El Monte offers a Dial-A-Ride service for Senior Citizens (55 years of age and older) and disabled (any age) residents of El Monte. If you are disabled and under the age of 55 you must obtain a Physician’s Verification Form from the Transportation Office and have your physician complete the form and return it to our office with your completed Dial-A-Ride application. If your disability is a temporary disability please have your doctor state duration of disability on the Physician’s Verification.

Please note that this service is a curb-to-curb service, and our drivers are able to assist clients in and out of the vehicle only.

To apply for a Dial-A-Ride card or to report any service problems with the Dial-A-Ride Program, please call the Transportation Office at (626) 580-2217, Monday through Thursday, between the hours of 6:00 a.m. and 4:30 p.m. To arrange for transportation, you may call Dial-A-Ride directly at (626) 307-3224.

When calling the number on your card for transportation, please provide your Dial-A-Ride I.D. number, located on the front of your card in the lower left-hand corner. You must present your Dial-A-Ride card to the driver prior to departure for your scheduled trip. The driver may refuse service if you do not have your card with you. Please report lost or stolen cards to this office so that it can be voided and a new card issued. Also, please contact the Transportation Office to report a change of address.

Personal Care Attendant "PCA":

Personal Care Attendants will travel with their designated Dial-A-Ride participant free of charge. All participants who require a Personal Care Attendant will not be permitted to travel without their PCA.

Eligibility for “Personal Care Attendant Required” participants and their PCA will be determined at the time of registration.

ESCORTS:

If you are in need of assistance for traveling purposes, your escort must also apply for and be issued a Dial-A-Ride card. Escorts may only use Dial-A-Ride when they are accompanying a valid Dial-A-Ride cardholder. Escorts are required to pay the appropriate fare. If you will be escorting a Dial-A-Ride participant that is a minor child six years or younger under the weight of 60 pounds, you are responsible for providing the required safety seat for that child.

IN-TOWN:

Dial-A-Ride service hours are 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. 4:00 p.m.

Saturday and Sunday. Dial-A-Ride’s in-town transportation fee is $0.50 each way.  There will be no service on the following holidays: New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.  Christmas Eve and New Year’s Eve service will end at 5:00 p.m.

OUT-OF-TOWN:

Out-of-Town Dial-A-Ride service is available Monday through Friday. Pick-ups begin at 8:00 a.m. and the last pick-up will be at 4:30 p.m. Out-of-town service is limited to a five-mile radius outside of El Monte City Hall and is limited to medical appointments only. This service is provided on a reservation basis only; reservations must be made 24 hours in advance. There may be up to a one-hour response time for pick-ups for this service. Dial-A-Ride’s out-of-town transportation fee is $1.00 each way.

MOBILITY ASSISTANCE:

For Citizens in need of a wheelchair-lift van, service is available for both out-of-town and in-town service.

When calling Dial-A-Ride for transportation, please advise the dispatcher of your request for a wheelchair- lift van. We recommend that you call 24 hours in advance to assure availability. If you are in need of assistance to maneuver your wheelchair, you must have a personal care attendant or escort to assist you (see “PERSONAL CARE ATTENDANT” and/or “ESCORT” section above).

Please call (626) 580-2217 for service information in alternative formats, such as large print, braille and verbal assistance.

Thank you for choosing the City of El Monte’s Dial-A-Ride Service.

Rev. 8-11-21

EXHIBIT C
Dial-A-Ride Service Area Map

EXHIBIT D
Out-of-Town Trip Generators
Out-of-Town Trip Generators
Listed below is a brief description of Dial-A-Ride Out-of-Town Service Area and Trip Generators.

Out-of-town service is provided for medical services only. The trip generators are a variety of medical facilities approximately 5 miles from the El Monte City Hall. This has been established as all of the City of Baldwin Park, Temple City, the City of Rosemead and medical facilities within the following boundaries:

NORTH as far as Santa Anita Ave and Santa Clara Street in Arcadia Includes: Methodist Hospital, various medical offices
NORTHWEST as far as Las Tunas and Mission Road in San Gabriel Includes: San Gabriel Medical Center
NORTHEAST as far as the City of Hope National Medical Center EAST as far as Cameron Street and Sunset in West Covina Includes: Kaiser Hospital/ Medical Centers; Queen of the Valley Hospital SOUTHEAST as far as Valley Blvd and Proctor Ave in the City of Industry Includes: No frequent trip generators at this time
SOUTH as far as Workman Mill Road and Beverly Blvd in the City of Whittier Includes: Greater El Monte Hospital
WEST as far as Garfield Avenue and Garvey Blvd in Montebello Includes: Beverly Hospital, various medical offices along Garfield

EXHIBIT E
"Transit Operator's Notice" of Reasonable Modification/ Accommodation Requirements for Fixed Route Services

OPERATOR NOTICE
FTA approved new regulation regarding
“Reasonable Modification/Accommodation Requirements for Fixed Route Services” EFFECTIVE JULY 13, 2015

Page 1 of 3 ends

Baldwin Park City CouncilFebruary 7, 2024

Baldwin Park City Council
February 7, 2024