Baldwin Park City Council
March 6, 2024

New Federal Regulation:
 Allows customers to request a modification to any existing policy or rule to enable use of a service that they would otherwise be unable to utilize.  Requests may be made in service or in advance.
 A request may be denied if it meets one of four (4) criteria.  July 13, 2015, is the implementation date.
 Must designate at least one person to coordinate efforts to comply.  Information must be made available to public (fully accessible process).  Not required to use term “reasonable modification.”
 Operators may consult with management before making a determination.

Please ensure that all ADA instructions are followed as previously trained, but also know that customers will be able to request modification to any existing policy or rule to enable use of a service that they would otherwise be unable to utilize. Requests may be made in service or in advance. City staff is currently preparing policies and procedures for review and approval outlining implementation of new ADA requirements: Request process, request determination process, approval/denial codes, complaint process, etc., ensuring compliance with new FTA regulation.

Compliance complaints are to be directed to the City of El Monte Transportation Services Division at (626) 580-2217 or 3990 Arden Drive, El Monte, CA 91731 until further notice.

ALL DRIVERS ARE TO BEGIN:

Assisting customers with disabilities:
 Review requests to provide accommodations that assist customers with disabilities in use of services that they otherwise would be unable to utilize (It’s about access, not convenience).

Example of accommodations or modification:

Requests that would be APPROVED:

1. Allow customer with diabetes or other medical issues to eat and drink on the bus.

2. Allow customers to take medication; administer insulin injections/conduct finger stick blood test.

3. Allow customer to board separately from their device if they exceed weight capacity of wheelchair ramp.

ALL DENIALS FOR REASONABLE MODIFICATION/ACCOMODATIONS MUST BE APPROVED BY YOUR SUPERVISOR.

Requests may be denied for the following reasons ONLY:

1. Fundamentally alters the nature of the service.

2. Creates a direct threat to the health and safety of others (urine, feces).

3. Results in an undue financial burden.

4. Individual is still able to fully use services if modification/accommodation is denied.

OPERATOR NOTICE
FTA approved new regulation regarding
“Reasonable Modification/Accommodation Requirements for Fixed Route Services” EFFECTIVE JULY 13, 2015

o Example 1 –Fundamentally altering service:

Requests that would be DENIED:

1. Takes bus off its route for a pick-up/drop-off.

2. Flag down/mid-block pick-up/drop-off; location unrelated to a bus stop.

3. Operator caring for service animals.

4. Operator providing a personal care attendant.

5. Hand carrying a customer or their mobility device.

6. Customer boards pushing wheelchair with bags in seat.

7. Requests a partial wheelchair securement.
o Example 2 –Creates a direct threat to health/safety of others:

Requests would be DENIED:

1. Allowing a customer using a cart to block the aisle.

2. A customer boarding with an uncontrolled animal.

3. Lap and shoulder belt without wheelchair securement.

4. Exceeding size/number of oxygen tanks (policy to soon be in place will limit tanks to one large or two small tanks due to space (Exceptions may be made per supervisor approval).
o Example 3 –Undue Financial Burden:

Request would be DENIED:

1. Providing services beyond normal operating hours or to areas not currently served by your service (extending operating route or times)
o Example 4 –If a customer is able to fully use service without modification/ accommodation the request may be DENIED:

Request would be DENIED:

1. Request for a special stop at a location 100 feet closer to destination when current stop is fully accessible.

Operator’s additional assistance required with customers with disabilities:

1. If a request is made in service, operator to contact dispatcher for guidance, if necessary.

2. Once policy is in writing and in place, customers are to be encouraged to make requests in advance using the request form to ensure there will be no delay in service operator may have to contact dispatch and wait for direction from a supervisor.

Examples of policies that will soon be placed in writing to accommodate customers with disabilities which you should now follow:

1. Board/alight near a stop impacted by construction, parked cars, etc.

2. Handle fare for a customer with a disability (if they cannot reach the farebox you will assist by placing their fare in the farebox for them).

OPERATOR NOTICE
FTA approved new regulation regarding
“Reasonable Modification/Accommodation Requirements for Fixed Route Services” EFFECTIVE JULY 13, 2015

3. Drivers are to assist a customer with a disability with their packages. (AS THERE CURRENTLY IS NOT A POLICY IN PLACE FOR THE NUMBER OF ALLOWABLE

ITEMS/PACKAGES TO BE CARRIED ONTO THE BUS, PLEASE INFORM ALL PASSENGERS THAT ITEMS/PACKAGES MUST FIT WITHIN THEIR IMMEDIATE AREA).

BEGIN IMMEDIATELY – OPERATOR TO ANNOUNCE STOP LOCATION AND ROUTE:
 When one or more individuals are standing at a designated City bus stop that also serves other transit agencies (MTA and/or Foothill Transit), a driver is required to stop, open doors and call out the stop location and route – Passengers are no longer required to flag the driver down!  When one or more individuals are standing at a City bus stop, drivers are to stop and announce the stop location and route –Passengers are no longer required to flag the driver down! To ensure ADA compliance, MTA will place “MYSTERY RIDERS” on City buses and will report back deficiencies, requiring immediate remedy.

Print Name
Signature Date

EXHIBIT F
City-Owned Vehicle List

CITY-OWNED TRANSPORTATION SERVICES VEHICLE LIST
Asset
ID No.

Year Make & Model Fuel Brakes VIN # GVWR
Vehicle
Ending
Mileage
(FY2020-21)
Vehicle
Length
(ft.)
Vehicle Capacity
1 53 2016 El Dorado National
EZ Rider II CNG Air 1N9MNALG2GC084137 34,000 lbs. 158,042 32 29 passengers or
23 passengers w/ 2
wheelchairs &
11 Standee
2 54 2016 El Dorado National
EZ Rider II CNG Air 1N9MNALG4GC084138 34,000 lbs. 117,992 32 29 passengers or
23 passengers w/ 2
wheelchairs &
11 Standee
3 55 2016 El Dorado National
EZ Rider II CNG Air 1N9MNALG6GC084139 34,000 lbs. 155,533 32 29 passengers or
23 passengers w/ 2
wheelchairs &
11 Standee
4 56 2016 El Dorado National
EZ Rider II CNG Air 1N9MNALG2GC084140 34,000 lbs. 99,107 32 29 passengers or
23 passengers w/ 2
wheelchairs &
11 Standee
5 57 2016 El Dorado National
EZ Rider II CNG Air 1N9MNALG4GC084141 34,000 lbs. 144,736 32 29 passengers or
23 passengers w/ 2
wheelchairs &
11 Standee
6 58 2016 El Dorado National
EZ Rider II CNG Air 1N9MNALG6GC084142 34,000 lbs. 120,397 32 29 passengers or
23 passengers w/ 2
wheelchairs &
11 Standee
7 59 2016 El Dorado National
EZ Rider II CNG Air 1N9MNALG8GC084143 34,000 lbs. 163,254 32 29 passengers or
23 passengers w/ 2
wheelchairs &
11 Standee
8 4435 2017 Ford E-450 Starcraft
Allstar Gasoline Hydraulic 1FDFE4FS8HDC49335 14,500 lbs. 48,705 24 21 passengers or 17 + 2
wheelchair or 19 + 1
wheelchair
9 4436 2016 MV-1 (Mobility Venture)
DX (ADA Van) Gasoline Hydraulic 57WMD2C69GM100436 6,600 lbs. 47,354 20 5 passengers or 3
passengers w/ 2
wheelchairs
10 4451 2016 MV-1 (Mobility Venture)
DX (ADA Van) Gasoline Hydraulic 57WMD2C60GM10051 6,600 lbs. 52,164 20 5 passengers or 3
passengers w/ 2
wheelchairs
11 4458 2016 MV-1 (Mobility Venture)
DX (ADA Van) Gasoline Hydraulic 57WMD2C64GM100358 6,600 lbs. 55,728 20 5 passengers or 3
passengers w/ 2
wheelchairs
12 4461 2016 MV-1 (Mobility Venture)
DX (ADA Van) Gasoline Hydraulic 57WMD2C64GM100361 6,600 lbs. 59,128 20 5 passengers or 3
passengers w/ 2
wheelchairs
13 4481 2016 MV-1 (Mobility Venture)
DX (ADA Van) Gasoline Hydraulic 57WMD2C67GM100581 6,600 lbs. 48,142 20 5 passengers or 3
passengers w/ 2
wheelchairs

EXHIBIT G
Sample - City Master Agreement
Contract No.
1 2021

CONTRACT SERVICES AGREEMENT
(Contractor: INSERT NAME)
(Nature of Engagement: Fixed-Route Transit and Paratransit Dial-A-Ride Services) THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 2021 by and between the CITY OF EL MONTE, a municipal corporation (hereinafter, “CITY”) and INSERT CONTRACTOR NAME (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, on or about September of 2021, CITY issued a Request for Proposals for the complete management, maintenance and operation of the City’s Fixed-Route Transit and Paratransit Dial-A-Ride Services (hereinafter “2021 RFP”); and WHEREAS, in response to the 2021 RFP, CONTRACTOR submitted a proposal; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the El Monte City Council at its Regular Meeting of ___, 2021 under Agenda Item No. _____.

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

SECTION 1. TERM.

A. This Agreement shall have a term of five (5) years commencing from the effective date that this Agreement is fully executed (“hereinafter, “Effective Date”). Upon the agreement of both Parties and upon approval of City Council, and subject to the same terms and conditions, this Agreement may be extended for a maximum of three (3) one (1) year extensions. Nothing in this Section shall operate to prohibit Contract No.
2 or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Section 21, below.

SECTION 2. SCOPE OF SERVICES.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with complete management, maintenance and operation of the City’s Fixed-Route Transit and Paratransit Dial-A-Ride Services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “Request for Proposals Transit and Paratransit Operations” (hereinafter the “CITY RFP”) and the written proposal of CONTRACTOR entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONTRACTOR PROPOSAL”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product Contract No.
3 prepared or obtained by CONTRACTOR in the performance of this Agreement.

Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.

E. CONTRACTOR shall perform the Work continuously and with due diligence.

CONTRACTOR shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents.

F. CONTRACTOR shall at all times enforce strict discipline and good order among CONSULTANT’s employees.

G. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

SECTION 3. COMPENSATION.

A. CITY shall compensation CONTRACTOR for the Fixed-Route transit services – only in accordance with the annual hourly services rates set forth in CONTRACTOR’s INSERT DATE “INSERT TITLE OF COST PROPOSAL FOR FIXED-ROUTE - ONLY” (hereinafter “Cost Proposal for Fixed-Route - Only”), which is attached and incorporated hereto as Exhibit “C”.

B. CITY shall compensate CONTRACTOR for the Dial-A-Ride/Para services - only in accordance with the annual hourly billing rate set forth in CONTRACTOR’s INSERT DATE “INSERT TITLE OF COST PROPOSAL FOR DIAL-A-RIDE/PARA – ONLY” (hereinafter “Cost Proposal for Dial-A-Ride/Para - Only”), which is attached and incorporated hereto as Exhibit “D”.

C. CITY shall compensate CONTRACTOR for the Fixed-Route services - combined in accordance with the annual hourly billing rate set forth in CONTRACTOR’s INSERT DATE “INSERT TITLE OF COST PROPOSAL FOR FIXED-ROUTE - COMBINED” (hereinafter “Cost Proposal for Fixed-Route – Combined”), which is attached and incorporated hereto as “Exhibit E”.

D. CITY shall compensate CONTRACTOR for the Dial-A-Ride services -combined in accordance with the annual hourly billing rate set forth in CONTRACTOR’s INSERT DATE “INSERT TITLE OF COST PROPOSAL FOR DIAL-A-RIDE/ PARA - COMBINED” (hereinafter “Cost Proposal for Dial-A-Ride/ Para – Combined”), which is attached and incorporated hereto as “Exhibit F”.

E. CITY shall compensate CONTRACTOR for the Dial-A-Ride per trip - optional in accordance with the annual per trip rate set forth in CONTRACTOR’s INSERT DATE “INSERT TITLE OF COST PROPOSAL FOR DIAL-A-RIDE/PARA PERTRIP - OPTIONAL” (hereinafter “Cost Proposal for Dial-A-Ride/Para Per-Trip – Optional”), which is attached and incorporated hereto as “Exhibit G”.

F. Section 3(A) through (E) notwithstanding, CONTRACTOR’s total compensation for the performance of all Work contemplated during the initial five (5) year term of this Contract No.
4 Agreement, shall not exceed the total budgeted aggregate sum of INSERT TOTAL AMOUNT (hereinafter, the “Not-to-Exceed Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and approved by the City Council. In the event CONTRACTOR’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONTRACTOR’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

G. PAYMENT OF COMPENSATION: The Not-to-Exceed Sum shall be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-to-pocket expenses incurred. If the amount of CONTRACTOR’s monthly compensation is a function of hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. In the amount of CONTRACTOR’s monthly compensation is a function of hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in the recently concluded month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within twelve (12) calendar months of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amount included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amount included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR, except as provided in Section 3(E), “Liquidated Damages,” below and as outlined in the CITY RFP.

H. LIQUIDATED DAMAGES: The Parties recognize that providing safe, timely and reliable transit services is an essential part of CONTRACTOR’s performance under this Agreement and that CONTRACTOR’s failure to continuously meet performance standards will cause incalculable damage to CITY and transit system patrons. Accordingly, the amount of liquidated damages which CONTRACTOR shall be required to pay is described in the Penalties/Liquidated Damages Form which is attached and incorporated hereto as Exhibit “H”.

SECTION 4. BUS LEASE.

A. BASIC TERMS:

1. In order to facilitate CONTRACTOR’s performance of the Work, CITY hereby leases to CONTRACTOR the following : (a) seven (7) transit-style buses; (b) 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 transit service contemplated under this Agreement and as more Contract No.
5 particularly set for in the Scope of Services. Vehicle Identification Numbers (hereinafter “Vehicle Identification Numbers”) of the Buses are attached and incorporated hereto as “Exhibit “I”.

2. Under no circumstances, may CONTRACTOR use the Buses for any purpose other than the purposes set in this 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 persons or entities other than CITY and its riders.

3. CONTRACTOR shall deliver possession of the Buses to the City promptly upon the expiration or termination of this Agreement but in no event later than five (5) days following the effective date of the expiration or termination of this Agreement, as applicable.

4. Only CONTRACTOR and CONTRACTOR’s employees are authorized to operate the Buses. CONTRACTOR covenants and agrees: (a) that it shall keep the Buses free of all fines, liens and encumbrances; and (b) to pay any such fines or remove any such liens and encumbrances immediately.

5. If CONTRACTOR fails to comply with the terms of the Agreement, CITY may pay to remove or settle any such fines, liens or encumbrances and any amounts so paid by CITY shall be offset against any compensation otherwise owed to CONTRACTOR under Section 3, above.

CONTRACTOR covenants and agrees that CONTRACTOR will use the Buses in a manner that is illegal, improper, or for hire. CONTRACTOR may not remove the Buses from the County of Los Angeles, CONTRACTOR may not alter, mark or install equipment or sticker/decals on or in the Buses without CITY’s prior written consent or where applicable, the consent of the El Monte City Council.

B. COMPENSATION: In consideration for CITY’s lease of the Buses, CONTRACTOR shall pay CITY the sum of One Dollar ($1.00) for the initial term of this Agreement.

C. MAINTENANCE, REPAIRS AND OPERATING EXPENSES: CONTRACTOR shall be responsible for all maintenance and repair costs required to keep the Buses in good working order and condition as well as any other expenses associated with operating the Buses. Upon expiration or termination of this Agreement, CONTRACTOR shall return the Buses to the CITY in good condition with no excessive or unacceptable wear and use as described in Section 4(D), below.

I. 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 a safe condition; or (e) any damage that makes the vehicle either unsafe or unlawful to operate.

Contract No.
6 J. THEFT, DESTRUCTION, AND SUBSTITUTION: CONTRACTOR assumes full responsibility for the theft, loss or destruction of the Buses or any one of them while under CONTRACTOR’s possession or control, including, but not limited to, those periods in which the Buses are being operated by CONTRACTOR. In the vent of such theft, loss or destruction of the Buses, or any one of them, CONTRACTOR shall be required to compensate CITY for the full replacement cost of the Bus or Buses.

K. OWNERSHIP: The Parties acknowledge and understand that at all times CITY remains the owner of the Buses. CONTRACTOR may not and shall not transfer, sublease, rent or do anything to interfere with CITY’s ownership of the Buses without CITY’s prior written consent. CONTRACTOR shall execute any and all additional documentation as CITY may request or deem necessary in order to demonstrate and establish CITY’s ownership interest in the Buses.

L. SUBLEASING: CONTRACTOR shall not sublease any of the Buses without the prior written consent of the CITY. If CITY, at its sole discretion, permits CONTRACTOR to sublease any of the Buses, CONTRACTOR shall ensure that any sublease agreement contains a provision making the sublease subject to all relevant provisions set forth in this Agreement, including provisions relating to insurance requirements and Indemnification.

M. INSPECTION:

1. 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 upon inspection, CITY determines that one of the Buses is damaged or there is excessive or unacceptable wear and use, CITY, in its sole discretion, will decide if the Bus may reasonably be repaired. If CITY determines a Bus is reasonably repairable, CONTRACTOR shall promptly have the necessary repairs made at CONTRACTOR’s sole cost.

2. 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. CONTRACTOR agrees to pay for all repairs recommended by the third-party inspector in order to restore the Bus or Buses to good operating condition and in compliance with the provisions of this Section 4. If CONTRACTOR cannot reasonably comply with its repair obligations within the five (5) day period for the return of the Buses as set forth above in Section 4(A)(3), CONTRACTOR shall notify CITY of the need for additional time. CITY, in its sole discretion, may grant such additional time as may be necessary to complete the repairs needed in order to return the Buses in good condition; provided the grant of such additional time is made in writing. CONTRACTOR’s failure to return the Buses to CITY within the five-day return period absent timely notification to the CITY of the need for additional time shall constitute an event of default and a materials breach of this Agreement.

Contract No.
7 SECTION 5. REFUELING SERVICES.

A. BASIC REFUELING TERMS:

1. CITY agrees to provide all necessary personnel and equipment to refuel CONTRACTOR’s natural gas operated vehicle(s) at CITY’s Refueling Center at the times set forth in Section 5(C) below.

2. The vehicles authorized to use the Refueling Center are listed in the Vehicle Refueling List (hereinafter, “Vehicle Refueling List”) which is attached and incorporated hereto as Exhibit “J”. CONTRACTOR will instruct each of its driver using the Refueling Center to accurately enter the information set forth in the system when refueling CONTRACTOR’s vehicles.

3. CONTRACTOR also acknowledges, understands and agrees that CITY’s provision of natural gas shall be subject to availability and CITY does not guarantee CONTRACTOR a set or fixed supply of natural gas. In the event that CITY is unable to provide refueling services at its Refueling Center; CITY shall authorize the refueling of CONTRACTOR’s natural gas operated vehicle(s) at an alternative location of CITY’s sole choice. If CITY’s CNG station is unavailable/non-operational, CITY shall reimburse CONTRACTOR for such refueling charges upon submittal of receipt or other documentation of refueling costs.

B. VEHICLE REQUIREMENTS: As a necessary precondition to CONTRACTOR’s use of the Refueling Center, CONTRACTOR agrees to determine the vehicle’s exact fueling capacity and p.s.i. (pounds per square inch) rating (either 3,000 p.s.i. or 3600 p.s.i) and place such information on the inside of the door of the vehicles(s).

C. REFUELING TIMES: Unless otherwise agreed to by the Parties in writing, CONTRACTOR’s designated natural gas operated vehicles shall be authorized to use the Refueling Center Monday through Saturday at the mutually agreed upon times as set forth in the Refueling Center Hours (hereinafter, “Refueling Center Hours”) which is attached and incorporated hereto as Exhibit “K”.

SECTION 6. STANDARD OF CARE. CONTRACTOR represents, acknowledges and agrees as follows:

A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;
B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et Contract No.
8 seq.). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; H. CONTRACTOR agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and City Representative at all reasonable times. All work prepared by CONTRACTOR shall be subject to inspection and approval by City Representative or their designee.

I. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

SECTION 7. FEDERAL FUNDING. At any time during the Term of this Agreement or any extension term thereof, CITY may secure FTA grant funding to supplement funding used to compensate CONTRACTOR for the services contemplated herein. To facilitate the CITY’s ability to apply such funding to the services and tasks contemplated under this Agreement, the Parties agree to at all times comply with those specific federal statutes Contract No.
9 and regulations, as the same may be amended from time to time, referenced and described in the FTA Grant Requirements (the “FTA Grant Requirements”) which are incorporated hereto as Exhibit “L”. By its submission of a proposal in response to the RFP and by the execution of this Agreement, the CONTRACTOR acknowledges, represents and agrees that has reviewed the FTA Grant Requirements; understands the requirements, terms and conditions set forth therein and will comply with all such restrictions, terms and conditions; and will diligently keep itself of apprised of any potential changes to the FTA Grant Requirements and comply with the same.

SECTION 8. REPRESENTATIVES.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be INSERT CITY REPRESENTATIVE (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative.

Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, INSERT CONTRACTOR REPRESENTATIVE, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.

The Contractor Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

SECTION 9. CONTRACTOR’S PERSONNEL
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

Contract No.
10 C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

E. CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

SECTION 10. ABANDONMENT BY CONTRACTOR. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONTRACTOR shall delivery to CITY immediately and without delay, all materials, record and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses, which CITY may incur as a result of CONTRACTOR’s cessation or abonnement.

SECTION 11. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND REPORTING.

A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

Contract No.
11 2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the Contract No.
12 apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.

G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY’s review and records.

H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Contract No.
13 Division of Labor Standards Enforcement or by the CITY.

SECTION 12. PROHIBITED INTERESTS. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

SECTION 13. INDEPENDENT CONTRACTOR.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

Contract No.
14 E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

SECTION 14. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.

SECTION 15. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

SECTION 16. REMOVAL OF EMPLOYEES OR AGENTS. If any of
CONTRACTOR’s officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall promptly removed by CONTRACTOR Contract No.
15 and shall not be reassigned to perform any of the Work.

SECTION. 17. ASSIGNMENT. The Skills, training, knowledge and experience of CONTRACTOR are material to CITY’s willingness to enter into this Agreement.

Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR’s duties or obligations under this 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 this Agreement.

SECTION 18. INDEMNIFICATION.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or any other costs arising out of or in any way related to the performance of this Agreement, including in connection with the operation, maintenance, or refueling of a natural gas vehicle which results in, or is related to (i) any injury to persons (including but not limited to, personal injury, bodily injury or death) arising out of or in any way connected with the operation or maintenance of a natural gas vehicle by CONTRACTOR or OPERTAOR’s officers, employees, agents, subcontractors or volunteers; (ii) the will misconduct of or the negligent acts or omissions of CONTRACTOR or CONTRACTOR’s officers, employees, agents, subcontractors, or volunteers in the performance of this Agreement; (iii) the breach of this Agreement by CONTRACTOR or CONTRACTOR’s officers, employees, agents, subcontractors, or volunteers; (iv) the violation of, or failure to comply with, any federal state or local laws, statutes, codes, rules, regulations and ordinances by CONTRACTOR or CONTRACTOR’s officers, employees, agents, subcontractors, or volunteers; (v) damages, wear or other injury to CONTRACTOR’s real or personal property in connection with CONTRACTOR’s consumption and use of CITY’s natural gas fuel or the utilization of CITY’s natural gas refurling equipment or facilities; (vi) damage or injury to the real or personal property of this parties arising out of or in any way connected with the operation or maintenance of any CITY-refueled natural gas vehicle by CONTRACTOR or CONTRACTOR’s officers, employees, agents, subcontractors, or volunteers; (vii) the emission of gases or other fluid or gaseous emissions (including without limitation hazardous emissions) from any of CONTRACTOR’s CITY-refueled vehicles; any illness, sickness, disease or other physical ailment claimed or suffered by any officer, employee, agents, subcontractor, or volunteer who comes in contract with any natural gas consumed by CONTRACTOR or any natural gas fumes or vapors emitted by the same; any damages or economic loss arising out of CITY’s inability or unwillingness to provide CONTRACTOR with natural gas when requested. Accordingly, the Contract No.
16 provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR’s commitment to indemnify, defend and protect CITY as set forth herein.

B. To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend Indemnitees from and against all liability, loss, damage, expense, cost of every nature arising out of or in connection with CONTRACTOR’s performance of Work hereunder, or its failure to comply with any of its obligations contained in this Agreement, including those connected with the operation, maintenance or refueling of a natural gas vehicle by CONTRACTOR or CONTRACTOR’s officers, employees, agents, subcontractors or volunteers at CITY’s facilities. CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by CONTRACTOR to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

C. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.

D. CITY shall have the right to offset against the amount of any compensation due to OPERTATOR under this Agreement, any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to pay CITY promptly any indemnification arising under this Agreement and related to CONTRACTOR’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement; or (ii) comply with applicable workers’ compensation laws. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Contract No.
17 Indemnities.

E. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

F. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.

G. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

SECTION 19. INSURANCE.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with minimum limits of Ten Million Dollars ($10,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of Five Million Dollars ($5,000,000) per accident for bodily injury and property damage.

3. Worker’s Compensation insurance as required by the State of California.

Contract No.
18 B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.

E. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

Contract No.
19 K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.

N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

SECTION 20. RECORDS AND INSPECTION. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work. CONTRACTOR shall maintain financial records and reports relating to funds received during the Agreement. CONTRACTOR shall maintain books, records, documents, and other accounting procedures and practices which reflect all costs of any nature expended in the performance during the Agreement. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

SECTION 21. TERMINATION.

A. Termination for Convenience. By execution of this Agreement and following the provisions set forth on FTA Report No. 0105, the following provisions are in the CITY’s best interest. CITY may immediately terminate this Agreement for convenience, and without cause by giving CONTRACTOR a thirty (30) days written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. CONTRACTOR may not terminate this agreement except for cause as provided under Section 19(B), below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished Documents and Data as defined in Section 20, below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work.

CONTRACTOR shall be required to provide Documents and Date within fifteen Contract No.
20 (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the party of CITY pursuant to Section 19(B), below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

B. Termination for Cause. By execution of this Agreement and following the provisions set forth on FTA Report No. 0105, the following provisions are in the CITY’s best interest. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify:
(i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

1. CONTRACTOR shall cure the following Event of Defaults within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
Contract No.
21 ii. Within twenty-four (24) hours of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to resume or restore transit service to its regularly scheduled places or times when such service has been halted, suspended or otherwise disrupted for reasons not attributable to CITY, if such service cannot be resumed or restored within 24 hours from CITY’s issuance of a Default Notice, CONTRACTOR shall immediately submit to CITY a written request for additional time to restore service and such notice shall indicate: (i) reason(s) for the halting or disruption of services; (ii) what steps CONTRACTOR has taken to resume and restore service to its regular schedule; (iii) what steps CONTRACTOR must take to restore and resume services; and (iv) how long CONTRACTOR estimates it will take to restore/resume service to the CITY. In its sole and absolute discretion CITY may grant additional time for the restoration and resumption of regular service provided that no such extension of time shall exceed two (2) calendar days from the conclusion of the first 24-hour cure period.
iii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to expiration of the 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 19(B)(1)(iii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit “B” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

2. In addition to any other failure on the part of CONTRACTOR to perform any duty, obligation, service or task set under this Agreement (or the failure to timely perform or properly perform any such duty, obligation service or task), an Event of Default on the part of CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONTRACTOR and/or its employee’s disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as it relates to CONTRACTOR, whether voluntary or involuntary; (v) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vi) CITY’s Contract No.
22 discovery that a statement, representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.

3. CITY shall cure any Event of Default asserted by CONTRACTOR within fortyfive (45) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period.

The foregoing notwithstanding, an Event of Default dealing with the CITY’s failure to timely pay any undisputed sums to CONTRACTOR as provided under Section 3 above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.

4. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

5. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

6. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
Contract No.
23 iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

7. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

8. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether the same or other covenant, warranty, agreement, term, condition, duty or requirement is contained in this Agreement. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

9. The termination of this Agreement pursuant to any provision of this Section or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

SECTION 22. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY.

All Documents and Data shall be and shall remain the property of CITY without restriction or limitation upon their use of dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of OPERAOR in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to, Documents and Date stores digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs and other intellectual property embodied in all Documents and Data. CONTRACTOR shall require all subcontractors and subconsultant working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement.

SECTION 23. CONFIDENTIALITY. All data, documents, discussion, or other Contract No.
24 information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent of disclosure as legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR shall not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any social media platform, magazine, trade paper, newspaper, television or radio production or other similar medium without the prior consent of CITY.

SECTION 24. FALSE CLAIMS ACT. CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3729 et sew. and the California False Claims Act, Government Code Section 12650 et seq.

SECTION 25. CITY’S RIGHT TO EMPLOY OTHER CONSULTANT. CITY reserves the right to employ other contractors in connection with the various projects worked on by CONTRACTOR
SECTION 26. FORCE MAJEURE. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

SECTION 27. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of El Monte
City Hall – West, 2nd Floor
11333 Valley Boulevard
El Monte, CA 91731
Phone: 626-580-2058
Attn: [INSERT DEPT] Director

INSERT CONTRACTOR NAME

INSERT ADDRESS
Attn: INSERT PERSON OF

CONTACT NAME
Phone: INSERT PHONE
Contract No.
25 NUMBER
SECTION 28. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

SECTION 29. ATTORNEY FEES. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

SECTION 30. ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

SECTION 31. GOVERNING LAW; JURISDICTION. 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.

SECTION 32. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

SECTION 33. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

SECTION 34. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Contract No.
26 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF EL MONTE, a municipal
corporation
By:

Alma K. Martinez
City Manager
Date:

CONTRACTOR NAME
By: ______________________________
Name:____________________________
Title:_____________________________
Date:

APPROVED AS TO FORM:

By:_____________________________
Richard Padilla
Assistant City Attorney
Date:

Contract No.
27 EXHIBIT “A”

CITY RFP
Contract No.
28 EXHIBIT “B”

CONTRACTOR PROPOSAL
Contract No.
29 EXHIBIT “C”
COST PROPOSAL FOR FIXED ROUTE –ONLY
Contract No.
30 EXHIBIT “D”
COST PROPOSAL FOR DIAL-A-RIDE –ONLY
Contract No.
31 EXHIBIT “E”
COST PROPOSAL FOR FIXED ROUTE – COMBINED
Contract No.
32 EXHIBIT “F”
COST PROPOSAL FOR DIAL-A-RIDE/PARA – COMBINED
Contract No.
33 EXHIBIT “G”

COST PROPOSAL FOR DIAL-A-RIDE/PARA PER TRIP (OPTIONAL)
Contract No.
34 EXHIBIT “H”

PENALTIES/LIQUIDATED DAMAGES FORM
Contract No.
35 EXHIBIT “I”

VEHICLE IDENTIFICATION NUMBERS
Contract No.
36 EXHIBIT “J”

VEHICLE REFUELING LIST
Contract No.
37 EXHIBIT “K”
“REFUELING CENTER HOURS”
Contract No.
38 EXHIBIT “L”

FTA GRANT REQUIREMENTS

EXHIBIT H
Fixed Route Driver Trip Sheets &
Data Spreadsheets

EXHIBIT I
Dial-A-Ride Driver Trip Sheets &
Data Spreadsheets

EXHIBIT J
Department of Labor Letter of
August 10, 2012

EXHIBIT K
City's "Reasonable Modification /
Accommodation Requirements"
1 City of El Monte
Public Works Department
Transportation Services Division
Notice of City of El Monte’s Transit/Paratransit Compliance with New Reasonable Modification / Accommodation Requirements
The Federal Department of Transportation has published a new regulation concerning the obligation of transit agencies to provide reasonable modification of policies or practices to accommodate the needs of individuals with disabilities. This new regulation has the potential to impact every City of El Monte employee that comes into contact with our customers with disabilities.

The regulation (49 CFR Parts 37.169) provides that customers with disabilities may request a reasonable modification of our policies and practices in order to use our services. This new regulation is not designed to make our services more convenient to us but is specifically designed to assist those that may be unable to use fixed route services without a modification or accommodation of a City of El Monte transit or paratransit policy.

It is anticipated that many of the situations that may arise are already covered in El Monte’s many guides for Bus Operators. For example, some customers with disabilities request that the Bus Operator handle their fare as they are boarding a City bus. El Monte’s policy already addresses this request by requiring that Bus Operators provide such assistance. This is a good example of a potential accommodation successfully addressed by El Monte’s existing transit and paratransit policies.

Reasonable Modifications / Accommodations Request Process Customers with disabilities are encouraged to request a reasonable modification of a City of El Monte policy in advance. Requests should be made to the City of El Monte’s Transportation Services Division by email at [email protected], by telephone at 626-580-2217 or by mail at 3990 Arden Drive, El Monte CA 91731.

In many cases, however, Bus Operators or other frontline staff will receive the request for a reasonable modification of a rule or policy while in service. Bus Operators must contact the Bus Operator Committee (BOC) before authorizing a request for a modification of a City transit/paratransit policy or rule. The City of El Monte’s Bus BOC will review and determine if the request for an accommodation or modification is provided. Operators and other frontline staff will not be responsible for making such determinations.

Other frontline staff should contact their supervisor for information on how the request should be handled.

Denial of Requests for Reasonable Modifications / Accommodations Requests for reasonable modifications or accommodations will be denied if they meet one of the four following criteria:

1. Fundamentally alter the nature of the service, program, or activity.

2. Create a direct threat to the health or safety of others. 2 3. If granting the request would cause an undue financial and administrative burden on the City of El Monte.

4. If the individual would still be able to fully use the services provided by the City if the request was denied.

As previously mentioned, Bus Operators and other frontline staff will not be responsible for making determinations. The BOC will determine if such requests should be accommodated.

Customers with disabilities may file complaints regarding denied requests for a reasonable modification or accommodation with the City of El Monte’s Transportation Services Division by telephone at 626-580-2217 or via email at [email protected].

Examples of Accommodations / Modifications that will usually be approved:

Eating and Drinking
 If customers with diabetes or other medical conditions request to eat or drink on City vehicles or in a City facility in order to avoid adverse health consequences, the request should be granted. For example, a person with diabetes may need to consume a small amount of orange juice in a closed container or a candy bar in order to maintain blood sugar levels.

Medicine
 A customer’s request to take medication while on City vehicles or in a City facility should be granted. For example, customers should be allowed to administer insulin injections and conduct finger stick blood glucose testing. City employees do not need to provide assistance, as that would be a fundamental alteration of their function.

Separate Boarding
 Customers with disabilities using mobility devices must be allowed to board separate from their device if they, combined, exceed the weight capacity of a vehicle. City policies require that Bus Operators provide boarding and alighting assistance to customers. In addition, they are required to board and alight the mobility device, as required by policy; as long as doing so does not create a direct threat to themselves or another individual.

Examples of Accommodations / Modifications that will usually be denied:

Outside of the Service Area
 A customer’s request for a bus to divert from a route or extend beyond the service hours may be denied as it would constitute a fundamental alteration of City service.
3 Caring for Service Animals
 A request by a customer with a service animal for a City and/or contracted employee to take charge of the animal may be denied.

Caring for a service animal is the responsibility of the customer or a Personal Care Attendant (PCA).

Hand Carrying
 Except in emergency situations, a customer’s request to be lifted out of his or her mobility device should be denied because of the safety, dignity and privacy issues implicated by hand carrying a customer.

Hand carrying a customer is the responsibility of a Personal Care Assistant and is outside the scope of the City and/or contracted employee’s duties and a fundamental alteration of City services.

Waiving Fare Payment
 A request by a customer with a disability to waive the fare when boarding will be denied. Accommodating this request is a fundamental alternation to City policy.

Providing a Personal Care Attendant
 Requests by a customer with a disability for the City to provide a Personal Care Attendant will be denied. Accommodating this request is a fundamental alternation to City service.

Additional Questions on the the City of El Monte’s Transit/Paratransit Reasonable Modification / Accommodation Procedure:

If you have any questions or require clarification, please contact El Monte’s Transportation Services Division by email at [email protected] or by telephone at 626-580-2217.

EXHIBIT L
Unusual Incident Report

UNUSUAL INCIDENT REPORT
An Unusual Incident Report (UIR) should be completed if an incident occurs that involves a Transportation Division client, volunteer, vendor property or vehicle. An unusual incident is an incident that involves an injury to contractor staff or client, hospitalization from an incident, death, property damage including theft and vandalism to an Transportation Division asset, and any other incident that may be considered newsworthy by the media or incur liability to the City of El Monte. If there is an immediate threat to anyone’s safety or a crime is in progress—DIAL 911. If the threat or criminal activity is NOT immediate, contact the local police via non-emergency phone and file a report. Complete this form, including supporting documentation and email to: [email protected] and [email protected] Within one work day for incidents involving: injury to a client in the care, custody and control of the Transportation Division; or injury to the general public that occurs in the performance of the scope of services of this Contract.

NOTE: An Unusual Incident Report is a confidential, internal document and cannot be released to anyone outside the City without the specific approval of the City.

NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED DATE OF INCIDENT TIME OF INCIDENT LOCATION OF INCIDENT (No., Street, City, State, Zip)

DRIVER NAME AND ID NUMBER COMPANY NAME AND ADDRESS

COMPANY TELEPHONE TAXI COMPANY FAX COMPANY EMAIL

WAS LAW ENFORCEMENT NOTIFIED
Yes No (If Yes, by whom?)
NAME OF LAW ENFORCEMENT AGENCY POLICE REPORT NO.

BRIEFLY DESCRIBE THE INCIDENT IN CHRONOLOGICAL DATE/TIME ORDER, INCLUDING PAST INCIDENTS THAT MAY HAVE LEAD TO THE CURRENT INCIDENT BEING DESCRIBED. Include separate sheet if necessary, type or print clearly and include description of property damage, if applicable.) _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ Signature of Individual Making the Report: __________________________________________ Date: __________ FORM 1
Cost Proposal Forms
City of El Monte – Transit and Paratransit Operations - RFP Forms 1A - 1E:

COST PROPOSAL
City of El Monte – Transit and Paratransit Operations - RFP 1 of 6
Form 1: Cost Proposal
Whereas the City reserves the right to award separate contracts for the operation of fixed route transit services and Dial-A-Ride services; and Whereas the City has been considering possible service alternatives that would utilize microtransit and transportation network companies (TNCs) to increase the efficiency and attractiveness of the Dial-A-Ride service specifically; and Whereas the City reserves the right to award one or more contracts that reflect the most advantageous cost outcomes for the City.

Now, therefore, the following five (5) Cost Proposal forms provide for bidders to submit Cost Proposals reflecting:

Form 1-A Fixed Route* – ONLY Hourly
Form 1-B Dial-a-Ride/Para – ONLY Hourly
Form 1-C Fixed Route* – COMBINED Hourly
Form 1-D Dial-a-Ride/Para – COMBINED Hourly
Form 1-E Dial-a-Ride/Para (OPTIONAL) Per Trip
All Proposers must complete Forms 1-A through 1-D (inclusive).

Form 1-E is Optional. At the discretion of the bidder, Form 1-E allows bidders the autonomy to determine the most cost effective and efficient distribution of dedicated vs. non-dedicated (i.e., subcontracted or supplemental taxi, TNCs, etc.) services.

A copy of forms is available in electronic (Excel) format upon request. * Note: Fuel is provided by and at the expense of, the City for the Fixed Route CNG vehicles. (The DAR vehicles are gasoline and the contractor is responsible for fueling and paying for fuel for DAR vehicles.)
City of El Monte – Transit and Paratransit Operations - RFP 2 of 6
2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3

OPERATIONS
Driver Payroll $ $ $ $ $ $ $ $
Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $
Other Operations Staff Payroll $ $ $ $ $ $ $ $
Other Operations Staff Benefits &
Payroll Expenses $ $ $ $ $ $ $ $
Driver Training Payroll $ $ $ $ $ $ $ $
Driver Training Benefits & Payroll
Expenses $ $ $ $ $ $ $ $
Supplies $ $ $ $ $ $ $ $
Vehicle Costs - Maintenance $ $ $ $ $ $ $ $
Fuel to be provided by the City at the
City's expense
Communications Equipment $ $ $ $ $ $ $ $
Miscellaneous Operations Costs $ $ $ $ $ $ $ $
TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $
OTHER COSTS $ $ $ $ $ $ $ $
Administration/Management Payroll $ $ $ $ $ $ $ $
Administration/Management Benefits &
Payroll Expenses $ $ $ $ $ $ $ $
Insurance $ $ $ $ $ $ $ $
Facility Rent $ $ $ $ $ $ $ $
Utilities $ $ $ $ $ $ $ $
Other/Overhead Costs $ $ $ $ $ $ $ $
Profit/Fee $ $ $ $ $ $ $ $
TOTAL OTHER COSTS $ $ $ $ $ $ $ $
TOTAL ANNUAL COST $ $ $ $ $ $ $ $
Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX

PROPOSED COST PER
VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $
Form 1-A: COST PROPOSAL - Fixed Route Only (hourly)
City of El Monte – Transit and Paratransit Operations - RFP 3 of 6
2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3

OPERATIONS
Driver Payroll $ $ $ $ $ $ $ $
Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $
Other Operations Staff Payroll $ $ $ $ $ $ $ $
Other Operations Staff Benefits &
Payroll Expenses $ $ $ $ $ $ $ $
Driver Training Payroll $ $ $ $ $ $ $ $
Driver Training Benefits & Payroll
Expenses $ $ $ $ $ $ $ $
Supplies $ $ $ $ $ $ $ $
Vehicle Costs - Maintenance $ $ $ $ $ $ $ $
Vehicle Costs - Fuel $ $ $ $ $ $ $ $
Communications Equipment $ $ $ $ $ $ $ $
Miscellaneous Operations Costs $ $ $ $ $ $ $ $
TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $
OTHER COSTS $ $ $ $ $ $ $ $
Administration/Management Payroll $ $ $ $ $ $ $ $
Administration/Management Benefits &
Payroll Expenses $ $ $ $ $ $ $ $
Insurance $ $ $ $ $ $ $ $
Facility Rent $ $ $ $ $ $ $ $
Utilities $ $ $ $ $ $ $ $
Other/Overhead Costs $ $ $ $ $ $ $ $
Profit/Fee $ $ $ $ $ $ $ $
TOTAL OTHER COSTS $ $ $ $ $ $ $ $
TOTAL ANNUAL COST $ $ $ $ $ $ $ $
Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX

PROPOSED COST PER
VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $
Form 1-B: COST PROPOSAL - DAR/Para Only (hourly)
City of El Monte – Transit and Paratransit Operations - RFP 4 of 6
2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3

OPERATIONS
Driver Payroll $ $ $ $ $ $ $ $
Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $
Other Operations Staff Payroll $ $ $ $ $ $ $ $
Other Operations Staff Benefits &
Payroll Expenses $ $ $ $ $ $ $ $
Driver Training Payroll $ $ $ $ $ $ $ $
Driver Training Benefits & Payroll
Expenses $ $ $ $ $ $ $ $
Supplies $ $ $ $ $ $ $ $
Vehicle Costs - Maintenance $ $ $ $ $ $ $ $
Fuel to be provided by the City at the
City's expense
Communications Equipment $ $ $ $ $ $ $ $
Miscellaneous Operations Costs $ $ $ $ $ $ $ $
TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $
OTHER COSTS $ $ $ $ $ $ $ $
Administration/Management Payroll $ $ $ $ $ $ $ $
Administration/Management Benefits &
Payroll Expenses $ $ $ $ $ $ $ $
Insurance $ $ $ $ $ $ $ $
Facility Rent $ $ $ $ $ $ $ $
Utilities $ $ $ $ $ $ $ $
Other/Overhead Costs $ $ $ $ $ $ $ $
Profit/Fee $ $ $ $ $ $ $ $
TOTAL OTHER COSTS $ $ $ $ $ $ $ $
TOTAL ANNUAL COST $ $ $ $ $ $ $ $
Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX

PROPOSED COST PER
VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $
Form 1-C: COST PROPOSAL - Fixed Route Combined (hourly) City of El Monte – Transit and Paratransit Operations - RFP 5 of 6
2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3

OPERATIONS
Driver Payroll $ $ $ $ $ $ $ $
Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $
Other Operations Staff Payroll $ $ $ $ $ $ $ $
Other Operations Staff Benefits &
Payroll Expenses $ $ $ $ $ $ $ $
Driver Training Payroll $ $ $ $ $ $ $ $
Driver Training Benefits & Payroll
Expenses $ $ $ $ $ $ $ $
Supplies $ $ $ $ $ $ $ $
Vehicle Costs - Maintenance $ $ $ $ $ $ $ $
Vehicle Costs - Fuel $ $ $ $ $ $ $ $
Communications Equipment $ $ $ $ $ $ $ $
Miscellaneous Operations Costs $ $ $ $ $ $ $ $
TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $
OTHER COSTS $ $ $ $ $ $ $ $
Administration/Management Payroll $ $ $ $ $ $ $ $
Administration/Management Benefits
& Payroll Expenses $ $ $ $ $ $ $ $
Insurance $ $ $ $ $ $ $ $
Facility Rent $ $ $ $ $ $ $ $
Utilities $ $ $ $ $ $ $ $
Other/Overhead Costs $ $ $ $ $ $ $ $
Profit/Fee $ $ $ $ $ $ $ $
TOTAL OTHER COSTS $ $ $ $ $ $ $ $
TOTAL ANNUAL COST $ $ $ $ $ $ $ $
Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX

PROPOSED COST PER
VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $
Form 1-D: COST PROPOSAL - DAR/Para Combined (hourly)
City of El Monte – Transit and Paratransit Operations - RFP 6 of 6
2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3

OPERATIONS
Driver Payroll $ $ $ $ $ $ $ $
Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $
Other Operations Staff Payroll $ $ $ $ $ $ $ $
Other Operations Staff Benefits &
Payroll Expenses $ $ $ $ $ $ $ $
Driver Training Payroll $ $ $ $ $ $ $ $
Driver Training Benefits & Payroll
Expenses $ $ $ $ $ $ $ $
Supplies $ $ $ $ $ $ $ $
Vehicle Costs - Maintenance $ $ $ $ $ $ $ $
Vehicle Costs - Fuel $ $ $ $ $ $ $ $
Communications Equipment $ $ $ $ $ $ $ $
Miscellaneous Operations Costs $ $ $ $ $ $ $ $
TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $
OTHER COSTS $ $ $ $ $ $ $ $
Administration/Management Payroll $ $ $ $ $ $ $ $
Administration/Management Benefits &
Payroll Expenses $ $ $ $ $ $ $ $
Insurance $ $ $ $ $ $ $ $
Facility Rent $ $ $ $ $ $ $ $
Utilities $ $ $ $ $ $ $ $
Other/Overhead Costs $ $ $ $ $ $ $ $
Profit/Fee $ $ $ $ $ $ $ $
TOTAL OTHER COSTS $ $ $ $ $ $ $ $
TOTAL ANNUAL COST $ $ $ $ $ $ $ $
Number of Trips (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX Proposed Number of Trips -
Dedicated Service
Proposed Number of Trips - NonDedicated Service
Proposed Cost Per Trip -
DEDICATED $ $ $ $ $ $ $ $
Proposed Cost Per Trip - NONDEDICATED $ $ $ $ $ $ $ $

PROPOSED AVERAGE COST
PER TRIP $ $ $ $ $ $ $ $
Form 1-E: COST PROPOSAL - DAR/Para Per Trip (Optional)
FORM 2
Proposal Letter/Certificate of Acceptance
FORM 2

PROPOSAL LETTER/CERTIFICATE OF ACCEPTANCE

PROPOSER
NAME: ________________________________________________________ City of El Monte
11333 Valley Blvd.

El Monte CA 91731
In response to the Request for Proposal (RFP), for Transit and Paratransit Operations Service, we the undersigned hereby declare that we have carefully read and examined the RFP documents, and hereby propose to perform and complete the work as required in the Contract.

We the undersigned agree to supply the Scope of Work at the costs indicated in our cost proposal if our Proposal is accepted within ninety days from the date specified in the proposal.

If awarded a Contract, the undersigned agrees to execute a Contract, which will be prepared by the City for execution, within 10 calendar days following Notification of Award, and will deliver, to the City prior to the commencement of Scope of Work the necessary original Certificate of Insurance.

The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable):

Addenda
No(s)._________________________________________________________________________

Proposer represents that the following person is authorized to negotiate on its behalf with the City in Connection with this RFP:

Name Title Phone
The undersigned certifies that it has examined and is fully familiar with all of the provisions of the RFP Documents and is satisfied that they are accurate; that it has carefully checked all the words and figures and all statements made in the Proposal Requirements; that it has satisfied itself with respect to other matters pertaining to the proposal which in any way affect the work or the cost thereof.

The undersigned hereby agrees that the City will not be responsible for any errors or omissions in these RFP Documents.

By: ______________________________________________
Signature
______________________________________________
Type or Print Name
______________________________________________
Business Address
______________________________________________
City, State, Zip Code
______________________________________________
Telephone Number
______________________________________________
FAX Number
FORM 3
Proposal Check Sheet
FORM 3
Proposal Check Sheet
Explain in detail any NO answers. Attach additional pages to the form if necessary.

General Requirements
Have you completed and enclosed the Cost Proposal (Form 1)? Yes No
Have you completed and enclosed the Proposal Letter (Form 2)? Yes No
Have you completed and enclosed the Proposal Check Sheet (Form 3)? Yes No
Have you enclosed all required Attachments, Forms, etc.? Yes No
Have you enclosed at least three current client references? Yes No
Have you enclosed at least one previous client reference? Yes No
Have you included your Certification Regarding Lobbying? Yes No
Have you included your False Claims Act Certification?
Yes No
Have you included your Civil Litigation Certification?
Yes No
Have you included your DBE Certifications, if applicable? Yes No
Does your company currently possess a business license for the City of El Monte? Yes No
Does your company currently provide transportation service to El Monte Residents? Yes No
Does your company have previous experience in providing transportation service to El Monte resident? Yes No
Operations Facility
Is your operations facility located in the El Monte service area? Yes No
Have you provided the address and complete description of your proposed operations facility? Yes No

Have you provided a list of all other operations provided from the proposed operations facility? Yes No
Recruiting & Training
Do all of your drivers receive 80 hours of classroom instruction and operation training? Yes No
Does your company employ a full-time training staff?
Yes No
Does your company employ a full-time driver recruiter?
Yes No

Does your company participate in the California DMV Employer Testing Program? Yes No
Do all of your drivers receive at least 12 hours of annual refresher training? Yes No
Does your company currently employ El Monte resident?
Yes No
Safety
Have you included a copy of your company’s safety plan? Yes No
Does your company employ trained accident investigators? Yes No
Insurance
Does your company provide at least $5,000,000 Automobile Liability coverage? Yes No
Does your company provide at least $10,000,000 General Liability coverage? Yes No
Does your company provided $1,000,000 Workers Compensations coverage to all employees? Yes No
Billing & Reporting
Does your company use auditing procedures to ensure the accuracy of fare collection and billing? Yes No
Are audit procedures fully described in your proposal?
Yes No
Project Staffing
Have you identified the Project Manager in your proposal and provided a complete description of his/her experience and qualifications? Yes No Have you identified and described the experience and qualifications of all backup personnel and other supervisors that will provide service to the City? Yes No Have you included a detailed organization chart which shows the number of all staff (including drivers, dispatchers and receptionist) providing service to the city? Yes No Have you identified your maintenance manager and/or road supervisor and clearly described his/her experience and qualifications? Yes No Have you included wage and benefit information for vehicle maintenance staff and/or road supervisors? Yes No
Have you identified the number and experience of vehicle mechanics? Yes No
Have you provided a Manpower Analysis?
Yes No
Does the Manpower Analysis clearly identify the other commitments/projects that staff members are required to complete? Yes No

Other
Does your company survey its customers for satisfaction/needs ratings? Yes No
Have you provided copies of survey results and sample surveys in your proposal? Yes No
Have you included copies of your safety policy, Drug and Alcohol testing policy, accident reporting forms, management reports and all other relevant documents? Yes No FORM 4
Performance Bond
FORM 4

PERFORMANCE BOND
We, ____________ of _______________, _________________ (principal), as principal, and _______________ assurance corporation, limited, with its chief office in the City of _________, _________ (surety), as surety, are held and firmly bound to the City of El Monte (obligee) in the penal sum of one hundred and fifty thousand dollars ($150,000), which sum is agreed to be the maximum liability here, lawful money of the United States of America, well and truly to be paid, and for the payment of which we and each of us here bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The principal has entered into a certain contract in writing, bearing date ______, 2022, with the obligee for the providing comprehensive local transit service for the City of El Monte, beginning ____________ , 2022 and ending _____________, 2027, a copy of the RFP and Agreement is attached and is referred to and made a part hereof.

The surety, for value received, agrees that no change to the terms of the contract, or to the work to be performed under it or the other documents accompanying it, shall in any way affect its obligation on this bond, and it waives notice of any such change to the terms of the contract of the work, or to the other documents. Consequently, if the above bound principal performs the work contracted to be done under the contract, performs all of the terms of the contract upon its or [his or her] part to be performed, then this obligation to be void, otherwise to remain in full force.

No right of action shall accrue under this bond to or for the use of any person other than the obligee named here.

Signed and sealed on [date].
_________________, Principal
By __________, its _________
___________, Surety
By _______________, Attorney-in-Fact
[Corporate Seal]
[Acknowledgments, etc.]
FORM 5
Certification Regarding Lobbying
FORM 5
1 of 2

CITY OF EL MONTE
Request for Proposals
APPENDIX A, 49 CFR PART 20—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contracts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions [as amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 91/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This is certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file that required certification shall be subject to a civil penalty of not less than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. §1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such expenditure or failure.]
FORM 5
2 of 2
The Contractor, _____________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
____________________________ Signature of Contractor’s Authorized Official ____________________________ Name and Title of Contractor’s Authorized Official ____________________________ Date
FORM 6
False Claims/False Claims Act Certification
FORM 6

CITY OF EL MONTE

CITY HALL
11333 VALLEY BOULEVARD
EL MONTE, CALIFORNIA 90201
City of El Monte
False Claims/False Claims Act Certification

FALSE CLAIMS/

FALSE CLAIMS ACT CERTIFICATION
(TRANSIT & PARATRANSIT OPERATIONS RFP)
Proposer shall provide either the certification requested below or the information requested on the next page. Failure to certify or provide the requested information may result in a determination that the Proposer is non-responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. “False Claims Act”, as used herein, is defined as either or both the Federal False Claims Act, 31 U.S.C. Sections 3729 et seq., and the California False Claims Act, Government Code Sections 12650 et seq.

FALSE CLAIMS ACT CERTIFICATION
If the Proposer has no False Claims Act violations as described above, complete the following:

I, _________________________________, am the ____________________________ (Print name of person responsible for submitting proposal) (Title with proposing entity) of, ________________________________________________ (hereinafter, “Proposer”). (Print name of Proposing Entity)
In submitting a proposal to the City of El Monte, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act as defined above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this _______ day of___________ at___________________________________ (month and year) (city and state)
By______________________________________________________________________ (Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

FALSE CLAIMS ACT VIOLATIONS INFORMATION
(1) Date of Determination of Violation:
______________________________________________________________________________ ______________________________________________________________________________ (2) Identity of tribunal or court and case name or number, if any:
______________________________________________________________________________ ______________________________________________________________________________ (3) Government Contract or project involved:
______________________________________________________________________________ ______________________________________________________________________________ (4) Government agency involved:
______________________________________________________________________________ ______________________________________________________________________________ (5) Amount of fine imposed:
______________________________________________________________________________ ______________________________________________________________________________ (6) Exculpatory Information:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

DECLARATION
I, ____________________________________, the ___________________________________ (Print name of person responsible for submitting proposal) (Title with proposing entity) of, ________________________________________________ (hereinafter, “Proposer”) (Print name of Proposing Entity)
declare under penalty of perjury that the above information is true and correct.

Executed this _______ day of___________ at ______________________________________ (month and year) (city and state)
by _________________________________________________________________________ (Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

END OF DOCUMENT
FORM 7
Civil Litigation History/Civil Litigation
Certification
FORM 7

CITY OF EL MONTE

CITY HALL
11333 VALLEY BOULEVARD
EL MONTE, CALIFORNIA 91731

CIVIL LITIGATION HISTORY/

CIVIL LITIGATION CERTIFICATION
(TRANSIT and PARATRANSIT OPERATIONS SERVICES RFP)
Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible. For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a procurement contract within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics’ liens or stop notices. Provide on the following page labeled “Civil Litigation History Information:” (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (iii) the outcome of the litigation, e.g., whether the case is pending, a judgment was entered, a settlement was reached, or the case was dismissed.

CIVIL LITIGATION CERTIFICATION
If the Proposer has no civil litigation history to report as described above, complete the following:

I, _________________________________, the _____________________________________ (Print name of person responsible for submitting proposal) (Title with proposing entity) of, ________________________________________________ (hereinafter, “Proposer”) (Print name of Proposing Entity)
In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this _______ day of___________ at ______________________________________ (month and year) (city and state)
by _________________________________________________________________________ (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) City of El Monte
Transit and Paratransit Operations
RFP

CIVIL LITIGATION HISTORY INFORMATION
(1) Name of case: __________________________________________________________________ _____________________________________________________________________________________ Court case identification number: _________________________________________________________ (2) Jurisdiction in which case was filed: _________________________________________________ _____________________________________________________________________________________ (3) Outcome of the case: ____________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ (1) Name of case: __________________________________________________________________ _____________________________________________________________________________________ Court case identification number: _________________________________________________________ (2) Jurisdiction in which case was filed: _________________________________________________ _____________________________________________________________________________________ (3) Outcome of the case: ____________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

DECLARATION
I, ______________________________________, the _________________________________________ (Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of, ________________________________________________ (hereinafter, “Proposer”) (Print name of Proposing Entity)
declare under penalty of perjury that the above information is true and correct.

Executed this _______ day of___________ at ______________________________________ (month and year) (city and state)
by _________________________________________________________________________ (Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

END OF DOCUMENT
FORM 8

STATE OF CALIFORNIA DRUG FREE

WORKPLACE CERTIFICATION
1 of 2
Form 8

STATE OF CALIFORNIA DRUG FREE WORKPLACE CERTIFICATION
Company/Organization Name:________________________________________________ (“Proposer”) The Proposer named above hereby certifies compliance with U.S. DOT regulations 49 CFR Part 29, Subpart F and Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named Proposer or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations of the prohibition.

2. Establish an on-going Drug-Free Awareness Program as required to inform employees about all the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available drug counseling, rehabilitation, and employee assistance Programs,
(d) Penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

3. Every employee who works on the proposed contract or grant will receive a copy of the company's drug-free policy statement.

4. Notify each employee that as a condition of employment financed with Federal assistance provided in the proposed contract, the employee will be required to:
(a) Abide by the terms of the company's policy statement, and (b) Notify the employer (Proposer) in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after that conviction.

5. Notify FTA in writing, within in ten (10) calendar days after receiving notice required by paragraph 4 (b) from an employee or otherwise receiving actual notice of that conviction. The Proposer, as employer of any convicted employee, must provide notice, including position title, to every project officer or other designee on whose project activity the convicted employee was working. Notice shall include the identification number(s) of each affected vehicle and related equipment and accessories.

6. Taking one of the following actions within thirty (30) calendar days of receiving notice under paragraph 4 (b) with respect to any employee who is convicted:
2 of 2
(a) Taking appropriate personnel action against that employee, up to an including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (b) Requiring the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and
(c) Making a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraph 1,2,3,4,5, and 6 of this certification. The Proposer agrees to maintain a list identifying its headquarters location and each workplace it maintains in which activities provided by this contract are conducted and make that list readily accessible to the State Department of Transportation.

CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the Proposer or grant recipient to the above-described certification. I am fully aware that this certification executed on the date and in the city below, is made under penalty of perjury under the laws of the State of California.

Executed on __________________________at __________________________, California Date City
Signature: ____________________________
Print Name: ___________________________
Title: _________________________________
FORM 9

CERTIFICATION OF PRIMARY PARTICIPANT

REGARDING DEBARMENT, SUSPENSION, AND

OTHER RESPONSIBILITY MATTERS
38 FORM 9

CERTIFICATION OF PRIMARY PARTICIPANT REGARDING

DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The Primary Participant (applicant for an FTA grant or cooperative agreement, or potential contractor for a third party contract), ____________________________________certifies to the best of its knowledge and belief that it and its principles:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by an Federal debarment or agency.

2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for default. (If the primary participant (applicant for and FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.)

THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR

COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT),_________________________________, CERTIFIES OR

AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OR THE

STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND
UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTION 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature of Authorized Official ___________________________________________ Title of Authorized Official ______________________________ FORM 10
Communications with City Council, Advisory
Committee and City Staff Disclosure of Contacts
with Council Members
City of El Monte
Transit and Paratransit Operations RFP

CITY OF EL MONTE

CITY HALL
11333 VALLEY BOULEVARD
EL MONTE, CALIFORNIA 91731

COMMUNICATIONS WITH CITY COUNCIL, ADVISORY COMMITTEE AND CITY STAFF

DISCLOSURE OF CONTACTS WITH COUNCILMEMBERS
(TRANSIT AND PARATRANSIT OPERATIONS RFP)

1. Following the deadline for submission of proposals and continuing until the City Council awards the last contract, if any: (i) El Monte City Council members, members of the City’s executive management team and staff members will not hold any discussions or any meetings, conferences or other like gatherings with any Proposer, except as this RFP allows or otherwise contemplates; and (ii) a Proposer must not communicate, in any manner, with the individuals identified in romanette, above, except as contemplated under the terms of the RFP. Proposers may write to the City Council as a whole after staff recommendations are made public by staff in anticipation of a public meeting.

2. From the date the RFP is issued to the date on which the City awards the last contract, if any, a Proposer must not directly or indirectly give, furnish, donate, or promise any money, compensation, gift, gratuity, or anything of value to the individuals listed under romanette (i) of paragraph 1, above, for the purpose of, or which has the effect of:
• Securing or establishing an advantage over other Proposers; • Securing or recommending the selection of the Proposer’s Proposal; or • Securing or recommending the Contract’s award to the Proposer. • Violations of Paragraphs 1 or Paragraph 2 or both, will constitute grounds for rejection.

3. Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. During the one-year period immediately preceding the date of the deadline for submitting proposals, list the date of all meetings or other communications the following persons have had with any one or more members of the El Monte City Council or any City employee regarding the provision of transit and paratransit operations the City of El Monte: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Please also identify the name(s) of the City Council members or City employees with whom such persons have met with or communicated with regarding the provision of transit and paratransit operations services to the City of El Monte.

FORM 10
City of El Monte
Transit and Paratransit Operations RFP

CERTIFICATION REGARDING MEETINGS OR COMMUNICATIONS WITH CITY OFFICIALS OR

EMPLOYEES
If the Proposer has had not had any meetings or other communications with the persons mentioned above regarding the provision of transit and paratransit operations to the City of El Monte with the one-year period immediately preceding the submission of this Proposal, complete the following:

I, , am the ___________________________________
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of___________________________________________________________ (hereinafter, “Proposer”). (Print Name of Proposing Entity)
In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has met with or communicated with any member of the El Monte City Council or any City employee regarding the provision of the transit and paratransit operations for the City of El Monte during the one-year period immediately preceding the submission of this Proposal to the City of El Monte.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this day of at
(month and year) (city and state)
by
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer) City of El Monte
Transit and Paratransit Operations RFP

HISTORY OF MEETINGS OR COMMUNICATIONS WITH EL MONTE CITY COUNCIL MEMBERS AND/OR

CITY EMPLOYEES REGARDING THE PROVISION OF TRANSIT AND PARATRANSIT OPERATIONS

SERVICES TO THE CITY OF EL MONTE DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING

THE SUBMISSION OF THIS PROPOSAL
List the date of all such meetings or communications, the City Council member or City employee with whom you met with (attach extra pages if necessary)
_____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________

DECLARATION
I, , the
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of (hereinafter, “Proposer”)
(Print Name of Proposing Entity)
declare under penalty of perjury that the above information is true and correct.

Executed this day of at
(month and year) (city and state)
by
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

END OF DOCUMENT
APPENDIX 1

RC-DBE INSTRUCTIONS
1 APPENDIX 1

RC-DBE INSTRUCTIONS
For
Metro Subrecipient Agencies
October 2020
2 RC-DBE LANGUAGE

RACE-CONSCIOUS INSTRUCTIONS
FOR

DOT-ASSISTED CONTRACTS
The CITY has established a RC-DBE contract goal for this Agreement of 9.0%.

1. DEFINITIONS
a. The term “Disadvantaged Business Enterprise” or DBE means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). b. The Term “Race Conscious Disadvantaged Business Enterprise” or RC-DBE. DBE classes have been determined to have a statistically significant disparity in their utilization in previously awarded transportation contracts. RC-DBE’s include all DBE groups, specifically: Black Americans, Native Americans, Asian-Pacific Americans, Hispanic Americans, Subcontinent Asian Americans, and Women
c. The term “Agreement” also means “Contract”.
d. Agency also means the local entity entering into this contract with the Consultant. e. The term “Proposer” shall mean prime contractor or prime consultant submitting a bid or proposal to recipient organization. The terms “Bidder” or “Offeror” may also be used in lieu of “Proposer”.
f. The term “Small Business” or “SB” is as defined in 49 CFR 26.65.

2. AUTHORITY AND RESPONSIBILITY
a. DBE’s and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (see 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Contractor should ensure that DBE’s and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The Proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. b. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBE’s.
3 3. SUBMISSION OF RC-DBE INFORMATION
If there is a RC-DBE contract goal on this contract, the Proposer, in order to be considered responsible and responsive, must make good faith efforts to meet the goal established for the contract. If the goal is not met, the Proposer must document adequate good faith efforts and submit documentation at the time of bid or proposal due date. If the Proposer fails to submit good faith effort documentation at the time of bid or proposal due date, the Proposer will be considered non-responsive. Only RC-DBE firms certified through the CUCP will be counted towards the contract goal; however, all DBE participation shall be collected and reported.

For contracts with RC-DBE contract goals, the resulting contractor shall utilize the specific DBEs listed unless the contractor obtains Metro’s written consent and unless the Metro’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

All Proposers are required to submit the following items to the City:

1. The name and addresses of DBE firms that will participate in the contract;

2. A description of the work that each DBE will perform. Each DBE must be certified in the NAICS code applicable to the work the firm will perform on the contract;

3. The dollar amount of the participation of each DBE firm;

4. Written documentation of the proposer’s commitment to use the DBE subcontractor (the signed RC-DBE Commitment Form and/or other documentation) whose participation it submits to meet a RC-DBE contract goal;

5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind of work and amount of work provided in the proposer’s commitment; and

6. If the contract goal is not met, evidence of good faith efforts to do so.

The above information shall be provided at the time noted below:

1. Under sealed bids, as a matter or responsiveness, or with initial proposals under contract negotiation procedures, or

2. No later than 5 days after bid opening as a matter of responsibility.

4. RC-DBE PARTICIPATION GENERAL INFORMATION
It is the Proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and Metro’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:
a. A RC-DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). b. A certified RC-DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. 4 c. A RC-DBE Proposer not bidding as a joint venture with a non-DBE, will be required to document one or a combination of the following;
i. The Proposer is a RC-DBE and will meet the goal by performing with its own forces. ii. The Proposer will meet the goal through work performed by RC-DBE subcontractors, suppliers or trucking companies.
iii. The Proposer, prior to bidding, made adequate good faith efforts to meet the goal. d. A RC-DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.
e. A RC-DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a RC-DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. f. The Proposer shall list only one subcontractor for each portion of work as defined in their bid and all RC-DBE subcontractors should be listed in the bid list of subcontractors. Firms to be counted toward the DBE Goal must be certified by bid/proposal due date. g. A prime contractor who is a certified RC-DBE is eligible to claim all of the work in the agreement toward the RC-DBE participation except that portion of the work to be performed by non-DBE subcontractors.
h. In order to identify certified DBEs, you must only use the California Unified Certification Program Database (CUCP). Certifications from other agencies or organizations will not be accepted.

5. RESOURCES
a. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

Proposers may call (916) 440-0539 for web or download assistance. b. Access the CUCP database from the Department of Transportation, Civil Rights, Disadvantaged Business Enterprise Program website at: https://dot.ca.gov/programs/civilrights/dbe-search. i. Click on Access the DBE Query Form located on the first line in the center of the page
ii. Click on the Start DBE Firms Query
5 iii. Searches can be performed by one or more criteria iv. Follow instructions on the screen

6. MATERIALS OR SUPPLIES PURCHASED FROM DBEs COUNT TOWARDS DBE

CREDIT, AND IF A DBE IS ALSO A RC-DBE, PURCHASES WILL COUNT TOWARDS THE RC-DBE CONTRACT GOAL UNDER THE FOLLOWING CONDITIONS:
a. If the materials or supplies are obtained from a RC-DBE manufacturer, 100 percent of the cost of the materials or supplies count towards the goal. A RC-DBE manufacturer is a firm that operates, or maintains a factory, or establishment that produces on the premises that materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications.
b. If the materials or supplies purchased from a RC-DBE regular dealer, count 60 percent of the cost of the materials or supplies. A RC-DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specification and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of doing business. To be a RC-DBE regular dealer the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a RC-DBE regular dealer, in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. c. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not RC-DBE regular dealers within the meaning of this section.
d. Materials or supplies purchased from a RC-DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies required or fees or transportation charges for the delivery of materials or supplies on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBEs WILL COUNT TOWARDS

DBE CREDIT, AND IF A DBE IS A RC-DBE, CREDIT WILL COUNT TOWARDS THE RC-DBE CONTRACT GOAL UNDER THE FOLLOWING CONDITIONS:
a. The RC-DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular agreement, and there cannot be a contrived arrangement for the purpose of meeting the RC-DBE contract goal. b. The RC-DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the agreement.
6 c. The RC-DBE receives credit for the total value of the transportation services it provides on the agreement using trucks it owns, insures, and operates using drivers it employs. d. The RC-DBE may lease trucks from another RC-DBE firm including an owner-operator who is certified as a RC-DBE. A RC-DBE who leases trucks from another RC-DBE receives credit for the total value of the transportation services the lessee RC-DBE provides on the agreement. e. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement.
f. The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. g. For the purposes of this section, a lease must indicate that the RC-DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the RC-DBE, as long as the lease gives the RC-DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the RC-DBE.

8. TRANSIT VEHICLE MANUFACTURERS (TVM):
a. City shall require each Transit Vehicle Manufacturer (TVM), as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to complete a TVM Certification Form acknowledging that it has complied with the requirements of 49 CFR 26.49 section. City shall maintain the TVM Certification Form on file for DBE Program compliance. City shall check the FTA Civil Rights webpage (https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transitvehicle-manufacturers) to validate TVMs that have an FTA approved DBE program and overall goal submissions. City is required to submit TVM certification with its SemiAnnual Report when there is a TVM award during the reporting period. b. Subrecipients are required to submit within 15 days of making an award, the name of the successful bidder, and the total dollar value of the contract in the manner prescribed in the grant agreement. Metro’s Grant Administration Department will complete the TVM Report and will submit the report on behalf of the City to FTA using the FTA Vehicle Award Form at the following website link:
https://www.surveymonkey.com/r/vehicleawardreportsurvey. Please contact your Metro Grants representative regarding TVM reporting should you have any questions. 7 9. DBE SUBCONTRACTING FLOW DOWN REQUIREMENTS:
a. CONTRACT ASSURANCE
Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. b. PROMPT PAYMENT PROVISIONS
The DBE Program, 49 CFR, Part 26, requires that any delay or postponement of payment over 30 days may take place only for good cause and with City’s prior written approval. The California Business and Professions Code, under Section 7108.5, requires that on public works projects, a prime contractor or subcontractor pay to any subcontractor not later than seven (7) days after receipt of each progress payment, unless otherwise agreed to in writing.

Any violation of this provision shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a Subcontractor. Any delay or postponement of payment from the above-referenced timeframes may occur only for good cause following written approval from City. Failure to comply with this provision without prior approval from City will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, withholding of payment to the Contractor of two percent (2%) of the invoice amount due per month, for every month that full payment is not made in accordance with these prompt payment requirements.

Prompt Progress Payments to Subcontractors
Contractor will include a contract clause that will require Subcontractors to pay each lower tiered Subcontractor participating on the Project for satisfactory performance of its contract no later than 7 days from the receipt of each payment the Subcontractor receives from Contractor. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of City. This clause applies to both DBE and non-DBE Subcontractors.
8 You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor no later than 30 days after the subcontractor's work is satisfactorily completed.

Prompt Payment of Withheld Funds to Subcontractors
The City shall identify one of the provisions below and include the selected provision in their federal-aid contracts to ensure prompt and full payment of retainage, if applicable, to subcontractors in compliance with 49 CFR 26.29.

Ƒ3URYLVLRQ– No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Ƒ3URYLVLRQ – No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Ƒ3URYLVLRQ– The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor.

This clause applies to both DBE and non-DBE subcontractors. 9 c. TERMINATION/SUBSTITUTION
The contractor must promptly notify the City, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor without prior written consent of the City. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City. The contractor must give the DBE five days to respond to the contractor’s written notice and advise the City and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the contractor’s action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a respond period shorter than five days. The City shall review the termination/substitution request based on the reasons provided in 49 CFR 26.53. The contractor will include a contract clause stating: The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the written consent of the City and that, unless the written consent of the City is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
d. FAILURE TO COMPLY
Failure of the Contractor to comply with any DBE requirement of 49 CFR Part 26 as amended, may subject Contractor to formal enforcement action or appropriate sanctions by City, such as the termination of the contract, progressive payment withholding until deficiencies are remedied, and any additional enforcement allowed by the contract.

10 INSTRUCTIONS - BIDDER'S LIST OF SUBCONTRACTORS
(DBE AND NON-DBE) PART I AND PART II
(CONSTRUCTION CONTRACTS)
ALL PROPOSERS:

The U.S. Department of Transportation (DOT) requires CITY to maintain a “Bidders List” containing information about all firms (DBE and non-DBE) that bid, propose or quote on CITY’s DOT-assisted contracts, in accordance with 49 CFR Part 26.11, for use in the Metro’s overall triennial DBE goalsetting process. Therefore, the Proposer shall provide the requested information for every firm who submitted a quote, bid, or proposal, including the primary Proposer, whether successful or unsuccessful in their attempt to obtain a contract:
a. Firm name;
b. Firm address;
c. Phone number
d. A description of the work that each DBE will perform; e. Range of annual gross receipts for the last year;
PART I - Identifies all subcontractors (DBE and Non-DBE) that provided a quote, bid, or proposal.

PART II - Identifies all subcontractors (DBE and Non-DBE) that provided a quote, bid, or proposal but were not selected to participate as a subcontractor on the project.

It is the Proposers responsibility to verify that the RC-DBE(s) falls into one of the following six groups in order to count towards the RC-DBE contract goal: 1) Black American; 2) Asian-Pacific American; 3) Native American; 4) Hispanic American, 5) Subcontinent Asian American, and 6) Women.

11 RFP FORM A – BIDDERS LIST

Proposer RFP Number
The U.S. Department of Transportation (DOT) requires CITY to create and maintain a Bidders List containing information about all firms (DBEs and non-DBEs) that bid, propose, or quote on CITY’s DOT-assisted contracts in accordance with 49 C.F.R., Part 26.11. The “Bidders List” is intended to be a count of all firms that are participating, or attempting to participate, on DOT-assisted contracts, whether successful or unsuccessful in their attempt to obtain a contract.

The Proposer is to complete all requested information for every firm that submitted a bid, proposal, or quote, including the Proposer itself and any proposed subconsultants. The Bidders List form shall be submitted with each proposal submitted by the Proposer to CITY and for all bids, proposals, or quotes received by the Proposer for the preconstruction phase of this Project. Please note that CITY will request that this form be executed again if Proposer is awarded construction work on the Project as new subcontractors will then need to be identified. s. The Bidders List content will not be considered in evaluating the proposal or determining award of any contract.

1.0 Proposer’s Information
Name of Prime’s Firm:

Phone: ( ) -
Firm Address: Email Address:

Type of work/services/materials provided:

City ST ZIP
Number of years in business:

Contact Person: Title:

Is the firm currently certified as a DBE under 49 C.F.R., Part 26? Yes No
Check the box below for your firm’s annual
gross receipts last year:

Proposer has DBE Certification in the following
categories (place an “X”):

Black American Asian Pacific American
Native American Women
Hispanic American Subcontinent Asian American
Other
Less than $1 million
Less than $5 million
Less than $10 million
Less than $15 million
More than $15 million
12 RFP FORM A (CONT’D) – BIDDERS LIST
Note: Each proposed subconsultant shall complete this form, and the Proposer will submit it with its proposal.

1.0 Subconsultant’s Information
Name of Subconsultant’s Firm:

Phone: ( ) -
Firm Address: Email Address:

Type of work/services/materials provided:

City ST ZIP
Number of years in business:

Contact Person: Title:

Is the subconsultant’s firm currently certified as a DBE under 49 C.F.R.,
Part 26? Yes No
Check the box below for your firm’s annual
gross receipts last year:

Subconsultant has DBE Certification in the following
categories (place an “X”):

Black American Asian Pacific American
Native American Women
Hispanic American Subcontinent Asian American
Other
Less than $1 million
Less than $5 million
Less than $10 million
Less than $15 million
More than $15 million
If necessary, this Bidders List form can be duplicated to include all firms (DBEs and non-DBEs) that have submitted a bid, proposal, or quote on this DOT-assisted Project, whether successful or unsuccessful in their attempt to obtain a contract.
13 INSTRUCTIONS - LOCAL AGENCY PROPOSER RC-DBE COMMITMENT ALL PROPOSERS:

PLEASE NOTE: It is the proposer’s responsibility to verify that the RC-DBE(s) falls into one of the following groups in order to count towards the RC-DBE contract goal:
1) Black Americans; 2) Asian-Pacific Americans; 3) Native Americans; 4) Hispanic Americans, 5) Subcontinent Asian Americans, and 6) Women. This information must be submitted with your proposal. Failure to submit the required RC-DBE commitment will be grounds for finding the proposal nonresponsive.

A “RC-DBE” is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: Black Americans, Native Americans, Asian-Pacific Americans, Hispanic American, Subcontinent Asian American, or Women.

The form requires specific information regarding the consultant contract: Local Agency, Location, Project Description, Proposal Date, Proposer’s Name, and Contract RC-DBE goal.

The form has a column for the Work Item Number and Description or Services to be subcontracted to RC-DBEs (or performed if the proposer is a RC-DBE). The RC-DBE prime contractors shall indicate all work to be performed by RC-DBEs including work to be performed by its own forces, if a RC-DBE. The RC-DBE shall provide a certification number to the Consultant and notify the Consultant in writing with the date of decertification if their status should change during the course of the contract. Enter RC-DBE prime consultant and subconsultant certification numbers. The form has a column for the Names of certified RC-DBEs to perform the work (must be certified on the date proposals are due and include RC-DBE address and phone number).

There is a column for the percent participation of each RC-DBE. Enter the Total Claimed RCDBE Participation percentage of items of work submitted with proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the RC-DBE, describe exact portion of time to be performed or furnished by the RC-DBE.) Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer’s good faith efforts to meet the goal in order to be considered for award of the contract.

Exhibit 10-O1 must be signed and dated by the consultant submitting the proposal. Also list a phone number in the space provided and print the name of the person to contact. 14 FORM B

LOCAL AGENCY PROPOSER RC-DBE COMMITMENT
This form must be submitted with the proposal.

Local Agency Location
Project Description
Proposal Date
Proposer’s Name
Contract RC-DBE Goal (%) 9.0%
Work Item
Number
Description or Services
to be Subcontracted
(or contracted if the
Proposer is a RC-DBE)
DBE
Certificate
Number and
Expiration Date
Name of Each RC-DBE
(must be certified prior to submissioninclude
RC-DBE address
and phone number)
Percent
Participation
of Each RC-DBE
FOR AGENCY TO COMPLETE Total Claimed RC-DBE Commitment: % Agency Proposal Number
Federal-Aid Project Number
Federal Share
Proposal Date
Agency certifies that the DBE certifications have been verified and all information is complete and accurate/unless noted otherwise.

Signature of Proposer
( ) -
Signature of Agency Representative Date Date Phone Number Agency Representative (please print or type) Person to Contact (please print or type) ( ) -
Phone Number
Distribution: (1) Original - Agency files Local Agency Proposer RC-DBE Commitment (Consultant Contracts) – Rev 062113 15 a. The names and dates of each publication in which a request for RC-DBE participation for this project was placed by the Proposer. Attach copies of advertisements or proofs of publication:

Publications Dates of Advertisement
____________________________________________________________________ ____________________________________________________________________ b. The names and dates of written notices sent to certified RC-DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the RC-DBEs were interested. Attach copies of solicitations, telephone records, fax confirmations etc.

Names of RCDBEs
Solicited
Date of Initial
Solicitation
Follow Up
Methods and
Dates
FORM C

RC-DBE INFORMATION - GOOD FAITH EFFORTS
Federal-aid Project No. ______________ Bid Opening Date: __________________ CITY has established a Race-Conscious Disadvantaged Business Enterprise (RC-DBE) goal of 9.0% for this project Good Faith Efforts documentation must be submitted with the Bid/Proposal or Contractor will be deemed non-responsive to the DBE requirements.

Lowest, second lowest and third lowest Proposers shall submit the following information to document adequate good faith efforts. Proposers should submit the following information even if the “Local Agency Bidder – RC-DBE Commitment” form indicates that the Proposer has met the RC-DBE contract goal. This will protect the Proposer’s eligibility for award of the contract if the administering agency determines that the Proposer failed to meet the goal for various reasons, e.g., a RC-DBE firm was not certified at bid opening, or the Proposer made a mathematical error.

Submittal of only the "Local Agency Bidder RC-DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.

The following types of actions will be considered as part of the Proposer's Good Faith Efforts to obtain RC-DBE participation:
16 c. The items of work which the Proposer made available to RC-DBE firms, including, where appropriate, any break down of the contract work items (including those items normally performed by the Proposer with its own forces) into economically feasible units to facilitate RC-DBE participation. It is the Proposer's responsibility to demonstrate that sufficient work was made available to facilitate RC-DBE participation as follows (please provide documents that sufficiently evidence the effort):

d. The names, addresses and phone numbers of rejected RC-DBE firms, the reasons for the Proposer's rejection of the RC-DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each RCDBE if the selected firm is not a RC-DBE.

1. Names, addresses and phone numbers of rejected RC-DBEs and the reasons for the Proposer's rejection of the RC-DBEs:
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________

2. Names, addresses and phone numbers of firms selected for the work identified above:
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Items of Work Proposer
Normally
Performs Item
(Y/N)
Breakdown of Items Amount
($)
Percentage
Of
Contract
17 e. Efforts made to assist interested RC-DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to RC-DBEs:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ f. Efforts made to assist interested RC-DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the RC-DBEsubcontractor purchases or leases from the prime contractor or its affiliate:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ g. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using RC-DBE firms. Attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.

Name of
Agency/Organization
Method/Date of
Contact
Results
_______________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ ________________________________________________________________________ h. Any additional data to support a demonstration of good faith efforts please include here.
____________________________________________________________________ ____________________________________________________________________ Proposers are advised to attach all requested documents to this form.

Include any and all supplemental materials necessary in order to demonstrate Good Faith Efforts. 18 INSTRUCTIONS – SUMMARY OF MONTHLY DBE PAYMENTS

INFORMATION SUBRECIPIENT FORM D
SUCCESSFUL PROPOSER:

This form requires specific information regarding the disadvantaged business enterprise subcontractors paid on this construction contract.

The form must be completed for all DBEs – including all RC-DBEs paid for each monthly period.

The form requires that the Reporting Period (month/year) be included. A Report Number should also be completed. This field should include a sequential number with the first form having number “1”.

The date prepared should also be included.

IMPORTANT: Identify all DBE firms that were paid during the reporting period for the project-- including all RC-DBEs listed on the RC-DBE Commitment form (Exhibit 15G(1)), regardless of tier.

Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid.

There is a column for the “Dollars Paid This Month”. Enter the Total amount paid for each DBE firm for the reporting period. Also include the total amount paid to date, which shall include the amount paid for the current reporting period.

Include the Schedule Activity ID for construction contracts. Include a brief description for the type of work performed. The original dollar amount committed to the DBE firm should be included in the appropriate Column and any increase or decrease in the subcontract amount resulting from a change order shall be included in the “Dollar +/- resulting from Change order Activity” column.

SUBRECIPIENT Form D must be signed and dated by the prime contractor’s representative that is responsible for reporting DBE compliance matters. The form must be submitted no later than the 15th day of each month.
[Note attached form incorrectly identified as “Form 103.”]

19 FORM D
20 FORM D - Continued
APPENDIX 2

FEDERAL CONTRACT

CLAUSES
1 APPENDIX 2

FEDERAL CONTRACT CLAUSES
Although federal funding is not currently being requested to fund this contract, the City of El Monte may choose to obtain future FTA grant funding to supplement funding for existing services or to expand services provided under this agreement. In order to meet federal funding requirements that may be required as a result of future funding sources, the Contractor must comply with all of the following requirements. The Contractor should be aware that requirements which are stated as requirements of the “Agency” “City,” and/or “Recipient,” Contractor (hereinafter “the Parties” or “the Party”) are requirements which are placed upon the City by the funding source and which will be made the responsibility of the Contractor (as applicable) through this agreement, as the Operator providing the funded services. [Numbering of clauses and clause language is based on FTA Report No. 0105, FTA Best Practices Procurement and Lessons Learned Manual, October 2016.]

1. ACCESS TO RECORDS AND REPORTS
a. Record Retention. The Contractor will retain, and will require its Subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required.
d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.

4. BUY AMERICA
The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11.

The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.

In accordance with 49 C.F.R. § 661.12, for the procurement of rolling stock (including train control, communication, and traction power equipment) use the following certifications:
2 Certificate of Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 C.F.R. § 661.11.

Date:

Signature:

Company:

Name:

Title:

Certificate of Non-Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 C.F.R. § 661.7.

Date:

Signature:

Company:

Name:

Title:

6. CHARTER SERVICES
The Contractor agrees to comply with 49 U.S.C 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance and prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:

1. Federal transit laws, specifically 49 U.S.C. § 5323 (d);

2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;

3. Any other federal Charter Service regulations; or

4. Federal guidance, except as FTA determines otherwise in writing, The Contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:

1. Barring it or any sub-contractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;

2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or

3. Any other appropriate remedy that may apply.

The Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.

7. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT The Contractor agrees:

1. It will not use any violating facilities;

2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;”

3. It will report violations of use of prohibited facilities to FTA; and

4. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution control Act as amended, (33 U.S.C. §§1251 -1387)
3 8. CIVIL RIGHTS AND EQUAL OPPORTUNITY
CITY is an Equal Opportunity Employer. As such, the CITY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirementsimposed by Federal laws or regulations, the CITY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity).

Such action shall include, but not be limited to, the following employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S.

Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

9. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs and with section 1101(b) of SAFETEA LU, 23 U.S.C. § 101. A separate contract 4 goal of 3.6% DBE participation has been established for this procurement. The City, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority’s (Metro’s) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). City is required to include all other DBE requirements and flow-down clauses in their solicitation and contract(s) as identified in the DBE Attachment (Attachment 7) for DOT-Assisted Contracts and Disadvantaged Business Enterprise Implementation Agreement for Subrecipients.

10. CONTRACT WORK HOURS AND SAFETY STANDARDS
The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of the Act, 40 U.S.C. §3701 et seq., and U.S.

DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.

The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employee during working hours on the job.

The Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.

11. ENERGY CONSERVATION
The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

13. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement),” 2 D.F.F. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in any federally assisted Award.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
5 The certification in this clause is a material representation of fact relied upon by the City it is later determined by the City the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees tocomply with the requirements of 2C.F.R. part 180, subpart C, as supplemented by 2C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

15. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
The Parties acknowledge and agree that, notwithstanding any concurrence by the FederalGovernment in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract andshall not be subject to any obligations or liabilities to the Parties (whetheror not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Parties agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractors who will be subject to its provisions.

18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Parties acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes,it may make, or causes to be made, pertaining to the underlying contract of the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right toimpose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extentthe Federal Government deems appropriate.

The Parties also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(I) on the Contractor, to the extent the Federal Government deems appropriate.

The Parties agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,except to identify the sub-contractor who will be subject to the provisions.

19. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS The Parties agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):

1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S.

DOL is a condition of the Contract.

2. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide 6 a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract.

3. Special Arrangements. The conditions of 49 U.S.C § 5333(b) do not apply to Parties providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right tomake caseby-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as itdeems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required.

20. RECYCLED PRODUCTS
The Parties agree to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.

21. SAFE OPERATION OF MOTOR VEHICLES
Seat Belts Use
The Parties are encouraged to adopt and promote on-the-job seat belt use policies and programs forits employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased by the Parties.

Distracted Driving
The Parties agree to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle the Parties own, lease, or rent, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.

22. SCHOOL BUS OPERATIONS
The Parties agree to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with privateoperators of school buses, except as permitted under:

1. Federal transit laws, specifically 49 U.S.C. § 5323(f);

2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605;

3. Any other Federal School Bus regulations; or

4. Federal guidance, except as FTA determines otherwise in writing.

If Parties violate this School Bus Agreement, FTA may:

1. Bar the Parties from receiving Federal assistance for public transportation; or

2. Require the Parties to take such remedial measure as FTA considers appropriate.

When operating exclusive school bus service under an allowable exemption, the Parties maynot use federally funded equipment, vehicles, or facilities.

The Parties should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. 7 24. SUBSTANCE ABUSE REQUIREMENTS
The Parties agree to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or City to inspect the facilitiesand records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Parties agree further to certify annually its compliance with parts 655 before (insert date) and to submit the Management InformationSystem (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance, the Parties shall use the “SubstanceAbuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements,” which is published annually in the Federal Register.

25. TERMINATION
Termination for Convenience
The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the City’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid the Contractor. If the Contractor hasany property in its possession belonging to City, the City will account for the same, and dispose of it in the manner City directs.

Termination for Convenience (Professional or Transit Service Contracts) The City, by written notice, may terminate this contract, in whole or in part, when it is in the City’s interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractorsetting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the City that the Contractor had an excusable reason for not performing,such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.

Termination for Default (Transportation Services)
If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default.The Contractor will only be paid the contract price for services performed in accordance with the mannerof performance set forth in this contract.
8 If this contract is terminated while the Contractor has possession of City goods, the Contractor shall, upon direction of the City, protect and preserve the goods until surrendered to the Cityor its agent. The Parties shall agree on payment for the preservation and protectionof goods. Failure to agree on an amount will be resolved under the Dispute clause.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City.

Opportunity to Cure
The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to City satisfaction the breach or default of any of the terms, covenants, or conditions of the Contract within [10 days] after receipt by Contractor of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Contractor and its sureties for said breach or default.

Waiver of Remedies for any Breach
In the event that City elects to waive its remedies for any breach by Contractor of any covenant,term or condition of this contract, such waiver by City shall not limit City’s remedies for anysucceeding breach of that or of any other covenant, term, or condition of this contract.

26. VIOLATION AND BREACH OF CONTRACT
Rights and Remedies of the City
The City shall have the following rights in the event that the City deems the Contractor guilty of a breach of any term under the Contract.

1. The right to take over and complete the work or any part thereof as City for and at the expense of the Contractor, either directly or through other Contractors;

2. The right to cancel this Contract as to any or all of the work yet to be performed;

3. The right to specific performance, an injunction or any other appropriate equitable remedy; and

4. The right to money damages.

For purposes of this Contract, breach shall include [City to define].

Rights and Remedies of Contractor
Inasmuch as the Contractor can be adequately compensated by money damages for any breach of the Contract, which may be committed by the City, the Contractor expressly agrees that no default, act or omission of the City shall constitute a material breach of this Contract, entitling Contractor to cancel or rescind the Contract (unless the City directs Contractor to do so) or to suspend or abandon performance.

Remedies
9 Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the City will have all remedies in law and equity, including the right to specific performance, without further assistance, andthe rights to termination or suspension as provided herein. The Contractor recognizes that in the eventof a breach of this Agreement by the Contractor before the City takes action contemplated herein,the City will provide the Contractor with sixty (60) days written notice that the City considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respondand to take necessary corrective action.

Disputes
Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City’s City Manager. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position.

The decision of the City Manager shall be binding upon the Contractor andthe Contractor shall abide be the decision.

Performance during Dispute
Unless otherwise directed by City, Contractor shall continue performance under this Contractwhile matters in dispute are being resolved.

Claims for Damages
Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

Remedies
Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdictionwithin the State in which the City is located.

Rights and Remedies
The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Parties shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

27. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Parties shall not perform any act, fail to perform any act, or refuse to comply with 10 any requests by the City which would cause the City to be in violation of the FTA terms and conditions.

28. FEDERAL CHANGES
Federal Changes - The Parties shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. The Parties' failure to so comply shall constitute a material breach of this Agreement.

29. PROMPT PAYMENT

1. Prompt Payment to Subcontractors
a. The Parties are required to pay all Subcontractors for all work that the Subcontractors has satisfactorily completed, no later than thirty (30) business days after the Contractor has received payment from the City.
b. In addition, all Retainage amounts must be paid by the Contractor to the Subcontractors no later than thirty (30) business days after the Sub-Contractor has, in the opinion of the Transit Manager, satisfactorily completed its portion of the Work.
c. A delay in or postponement of payment to the Sub-Contractor requires good cause and prior written approval of the Transit Manager.
d. The Parties are required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes. e. The City will not pay the Contractor for work performed unless and until the Contractor ensures that the Subcontractors have been promptly paid for the work they have performed under all previous payment requests, as evidenced by the filing with the City of lien waivers, canceled checks (if requested), and the Contractor’s sworn statement that it has complied with the prompt payment requirements. Contractor must submit a prompt payment affidavit, (form as provided in this Exhibit “A”) which identifies each sub-contractor (both DBE and non-DBE) and the date and amount of the last payment to such sub-contractor, with every payment request filed with the City, except for the first payment request, on every contract with the City.
f. Failure to comply with these prompt payment requirements is a breach of this Agreement, which may lead to any remedies permitted under law, including, but not limited to, Contractor debarment. In addition, Contractor’s failure to promptly pay its Subcontractors is subject to the provisions of 50 ILCS 505/9.

2. Reporting Requirements During the Term of the Contract a. The Contractor shall, within thirty (30) business days of contract award, or prior to any work being performed, execute formal subcontracts or purchase orders with the DBE firms included in the bid.

These written agreements shall be made available to the City. All contracts between the Contractor and its subcontractors must contain a prompt payment clause as set forth in Section 14 herein. b. During the term of annual contracts, the Contractor shall submit regular "Status Reports of DBE Subcontract Payments" in a form acceptable to the City. The frequency with which these reports are to be submitted will be determined by the City but in no event will reports be required less frequently than quarterly. In the absence of written notice from the City the Contractor’s first “Status Report of DBE Subcontract Payments” will be due ninety (90) days after the date of contract award, with additional reports due quarterly thereafter.
c. In the case of a one-time procurement with either a single or multiple deliveries, a “Status Report 11 of DBE Subcontract Payments,” in a form acceptable to the City, indicating final DBE payments shall be submitted directly to the City. The information must be submitted prior to or at the same time as the Contractor’s final invoice to the City department identified in the solicitation. (NOTICE: The original invoices must be submitted directly to the City’s department identified in the contract documents and the Status Report of DBE Subcontract Payments must be submitted directly to the Transit Manager.

Failure to follow these directions may delay final payment. d. The address for the City:

Public Works Department
Transportation Services Division
3990 Arden Drive
El Monte, CA 91731
Attn: Sarah Zadok, Transportation Operations Manager
APPENDIX 3

COMPLIANCE WITH LAWS AND

REQUIREMENTS
1 of 23
Appendix 3

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.

Equal Employment Opportunity
Regarding the performance of this contract, the Parties shall not discriminate against any employee or applicant for employment based on race, color, age, creed, sex or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment, layoff or termination, rates of pay or other forms of compensation and selection for training.

Drug and Alcohol Testing Requirements and DMV Pull-Notice Program The Parties must provide an ongoing program for drug and alcohol testing of drivers and other personnel in compliance with the State and US Department of Transportation Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40). The Parties shall comply with DMV Employer PullNotice Program requirements, meeting all Federal, State and local regulations.

Interpretation
The laws of the State of California shall govern all the rights and duties of the successful Proposer and City under the contract entered into pursuant to this RFP.

Retention of Existing Employees
Pursuant to Senate Bill No. 158 (California Labor Code, Chapter 4.6, Section 1070 to Part 3 of Division 2), City shall grant a ten percent (10%) written proposal preference to any Proposer who agrees to retain, for a period of at least ninety (90) days, the employees of the previous contractor. The Proposer shall declare, as part of their proposal, whether or not their firm shall retain the employees of the prior contractor for a period of at least ninety (90) days. Proposer shall ensure these transitioned employees will be utilized in similar positions and perform essentially same services as they did under the previous contractor. An "Employee" is defined as any person who works for a contractor under the prior contract but does not include executive, administrative or professional employees that are exempt from the payment of overtime compensation within the meaning of Subdivision (a) of Section 515 or any person who is not an employee as defined under Section 2(3) of the 2 of 23
National Labor Relations Act (29 U.S.C. Sec. 152(3)). In accordance with Senate Bill No. 158, the following obligations apply:

A successor Contractor or subcontractor who agrees to retain employees, pursuant to subdivision (a) [of Senate Bill No. 158] shall retain employees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee's performance or conduct while working under the prior contract or the employee's failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment or other standard hiring qualification lawfully required by the successor contractor or subcontractor.

If a successor contractor determines that fewer employees are needed than under the prior contract, qualified employees shall be retained by seniority within the job classification. In determining those employees who are qualified, the successor Contractor may require an employee to possess any license that is required by law to operate the equipment that the employee shall operate as an employee of the successor Contractor.

Nothing in this section requires the successor to pay the same wages or offer the same benefits provided by the prior contractor.

In accordance with the California Labor Code, the successful Proposer or subcontractor shall make a written offer of employment to each employee to be rehired. That offer shall state the time within which the employee must accept that offer, but in no case less than ten (10) days. An employee who has not been offered employment or who has been discharged in violation of this chapter, or his or her agent, may bring an action against the successor contractor in any superior court having jurisdiction over the successor contractor.

Within ten (10) working days after the contract has been awarded, the prior contractor and its subcontractor(s) shall provide to the Contractor and its Subcontractor(s) the name, address date of hire, wages, benefit level and job classification of each employee employed at the locations covered by the prior contractor’s contract. The City shall notify the prior contractor and its subcontractor(s) as soon as practicable to facilitate the transfer of this information.

The City shall have the right, in its sole discretion, to reject or require the removal either temporarily or permanently, by notice to the Contractor, any operator furnished by the Contractor, including any operator previously furnished by the 3 of 23
Contractor and accepted by the City. With respect to the service provided under the Contract, the Contractor shall promptly replace any operator not acceptable to or rejected by the City.

The Contractor will also be subject to the enforcement provisions of California Labor Code Section 1073 for any violations of this law.

In order to facilitate the provisions of the law, the City requires that upon the commencement of the Contract and throughout the full term of the Contract, which includes the information above, the Contractor or its Subcontractor(s) must indicate which employees were employed by the prior contractor and its subcontractor(s), if any. The Contractor and its Subcontractor(s) must also maintain a list of all employees of the prior contractor and its Subcontractor(s) that were not retained by the Contractor or its Subcontractor(s), and such list must indicate the reasons why such employees were not retained.

Upon request from the City, the Contractor and its Subcontractor(s) must provide such lists to the City within 10 days of such request. The City has the ability to request such lists throughout the term of the Contract.

The Contractor shall be responsible for defending, and shall hold the City harmless from, any claims or controversies alleging any violation or breach of Labor Code Section 1070 et seq., whether made by the Contractor’s own employees, the employees of its subcontractor(s), or employees of the prior contractor or its subcontractor(s), arising from or related to the terms and conditions of employment of employees hired to work for the Contractor as of the effective date for this contract. Notwithstanding any other provisions of the Contract, no cost of liability for which Contractor is responsible under this paragraph shall be deemed an allowable cost payable to the Contractor or claim or liability for which the Contractor is entitled to indemnification or reimbursement from the City. The Contractor shall be exclusively responsible for satisfaction of all obligations that may be owed to its employees of the prior contractor, pursuant to Labor Code Section 1070 et seq., both during and subsequent to the term of the Contract.

At least six months before the end of the initial term of the Contract, and each option term if exercised, the Contractor and its subcontractor(s) will provide the City with a list of employees providing service to the City pursuant to the transit and paratransit services contract. This list of employees shall indicate the length of services of each employee, their job title and description and their current salary.

This information may be distributed by the City to future bidders for a new contract 4 of 23
that will commence whenever the current contract term ends. The Contractor and its subcontractor(s) must provide monthly updates of the employee lists, after the original employee list has been submitted. The Contractor’s and its subcontractors’ obligation to provide monthly updates of the employee lists will last until the end of the contract term. If a new contract is awarded to a different Contractor at the end of the Contractor’s Contract, the Contractor must provide to the new Contractor the name, address, date of hire, wages, benefit level and job classification of each employee employed by the Contractor’s locations covered by the Contractor’s contract within three (3) working days after the Contractor has been notified by the City of the identity of the new contractor.
a. Compliance with Legal and Regulatory Requirements and Grant Conditions
In performance of the services described herein, Contractor shall be responsible to comply with all applicable Federal, State and local requirements including but not limited to, Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection, the Americans with Disabilities Act, Federal Transit Administration, Drug and Alcohol Testing requirements and other laws and regulations applicable to contracts utilizing federal funds and other local grants received by the City or by the Contractor at any time with respect to the services, equipment, real property and facilities provided for hereunder.

No Obligation by the Federal Government:
49 U.S.C.Part 18, FTA Circular 4220.1E
(1) The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
5 of 23
Program Fraud and False or Fraudulent Statements or Related Acts:
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Access to Records:

The following access to records requirements apply to this Contract:
(1) Since the City is not a State, but a local government, and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the City, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction 6 of 23
sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
(2) Where the Purchaser (City) enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.

19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
(3) Where any Purchaser (City) which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
(4) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(5) The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser (City), the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). (6) FTA does not require the inclusion of these requirements in subcontracts.

Sources of Authority:1 49 USC 5325 (a), 49 USC 5325 (a), 2 49 CFR 633.17, 49 CFR 633.17, 3 18 CFR 18.36 (i), 18 CFR 18.36 (i)
7 of 23
Federal Changes
49 CFR Part 18
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference to any future FTA Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between City and FTA, as they may be amended or promulgated from time to time during the term of the Contract. Contractor's failure to so comply shall constitute a material breach of the Contract.

CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.

The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment or a business opportunity, or deny program benefits because of race, color, religion, national origin, sex, sexual orientation, gender identity, age or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

Executive Order 13166 (2000) expanded Title VI to include persons with Limited English Proficiency (LEP).
8 of 23
The Parties agree to follow:

1. The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements and guidance

2. U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3

3. All other applicable federal guidance that may be issued (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:
(a) Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, or National Origin - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25,, and Federal transit laws, specifically 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
9 of 23
(b) Age - In accordance with The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits discrimination based on age; U.S.

Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625; The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals based on age in the administration of Programs, Projects, and related activities receiving federal assistance; U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90; and Federal transit law, specifically 49 U.S.C. § 5332 and Federal transit law, specifically 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12112 and 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and other applicable federal laws, regulations and requirements to access for seniors or individuals with disabilities, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

The Parties agree to follow:
a. FTA Circular 4704.1, Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients
b. Other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions against discrimination on the basis of disability
c. Drug or Alcohol Abuse Confidentiality and Other Civil Rights Protections - In accordance with The Drug Abuse Office and Treatment 10 of 23
Act of 1972, as amended, 21 U.S.C. § 1101 et seq.; The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C § 4541 et seq.; and The Public Health Service Act, as amended 42 U.S.C § § 290dd - 290dd-2, the Contractor agrees to comply with confidentiality and civil rights protections requirements.
d. Other Nondiscrimination Laws, Regulations, Requirements, and Guidance – The Contractor agrees to comply with other applicable federal nondiscrimination laws, regulations, and requirements, and follow federal guidance prohibiting discrimination.

The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary, to identify the affected parties.

Disadvantaged Business Enterprise (DBE)
49 CFR Part 26
Disadvantaged Business Enterprises
a. The Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The City of El Monte has identified a 9% DBE contract goal on this project.
b. The Contractor or subcontractor(s) shall not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of El Monte deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments

2. Assessing sanctions
11 of 23

3. Liquidated damages; and/or

4. Disqualifying the Contractor from future bidding as nonresponsible 49 CFR § 26.13 Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. A copy of all DBE Certifications is attached and required.
c. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the Contractor’s receipt of payment for that work from the City of El Monte.
d. The Contractor must promptly notify the City of El Monte whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work.

The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of El Monte.

Incorporation of Federal Transit Administration (“FTA”) Terms:

FTA Circular 4220.1E
FTA has developed the following incorporation of terms and language - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth herein are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of El Monte requests which would cause City of El Monte to be in violation of the FTA terms and conditions. 12 of 23
Federal Tax Liability and Recent Felony Convictions
Transactions Prohibited.

The Parties agree that, prior to entering into any Agreement with any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the Parties will obtain from the prospective Contractor or sub-contractor a certification that the Contractor or sub-contractor:

1. Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

2. Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months. If the prospective Third-Party Participant cannot so certify, the Parties agree to refer the matter to FTA and not to enter into any Agreement with the Contractor or sub-contractor without FTA’s written approval.

Flow-Down
The Parties agrees to require all Contractors or sub-contractors to flow this requirement down to participants’ at all lower tiers, without regard to the value of any sub-agreement.

Suspension and Debarment
The Agreement is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirements to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its proposal, which is attached hereto and made a part of this agreement, the Contractor certifies as follows:

The certification in this clause is a material representation of fact relied upon by the City of El Monte. If it is later determined that the proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of El Monte, the Federal Government may pursue available remedies, including but not limited to 13 of 23
suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 20, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower- tier covered transactions. Form 12 – Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction.

Breaches, Disputes, Defaults and Litigation Resolutions 49 CFR Part 18, FTA Circular 4220.1E
The Breaches, Disputes, Defaults and Litigation Resolutions requirements flow down to all tiers.

Notification to FTA: If a current or prospective legal matter that may affect the Federal government emerges, FTA grant recipients must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third-Party Participant to include an equivalent provision in its sub-agreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R §§ 180.220 and 1200.220 Lobbying Restrictions:
31 U.S.C. 1352, 49 CFR Part 19, 49 CFR Part 20
The Parties agree that neither will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the Underlying Agreement, including any extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended;
(ii) (ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and
(iii) (iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature; and
14 of 23
(2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Recipient’s or Subrecipient’s proper official channels.

Lobbying Certification and Disclosure of Lobbying Activities for third-party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)
Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.

Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995.

Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government Wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with nonFederal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier, up to the recipient.

APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) 15 of 23
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] 16 of 23
The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official
__________________________ Date
Environmental Protections
Federal transit laws, such as 49 U.S.C §5323©(2) and 23 U.S.C § 139, NEPA as amended 42 U.S.C §§ 4321 et seq., as limited by 42 U.S.C. §5159, and CEQ’s implementation regulations 40 C.F.R. part 1500-1508, Joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. part 771 and 40 C.F.R part 622, “Protection and Enhancement of Environmental Quality” 42 U.S.C § 4321 note (35Fed. Reg. 4247), Environmental Justice, and other environmental laws.

Contractor will comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including federal, state and local laws, ordinances, regulations, and requirements, and follow applicable guidance.

Clean Air Requirements:
42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.
17 of 23
Clean Water Requirements:
33 U.S.C. 1251
Clean Water
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Recycled Products
The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended, (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

Contract Work Hours and Safety Standards Act:
29 CFR 5.5(b)
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants from the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an amount that is not greater than $150,000.” 40 USC 3701(b)(3)(A)(iii).

The Act applies to construction contracts and, in very limited circumstances, nonconstruction projects that employ “laborers or mechanics on a public work.” These non-construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item 18 of 23
should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below.

The Parties agree to comply and assures that each will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to 81 Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The City of El Monte shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and 19 of 23
Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Payrolls and Basic Records
• The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. The records need not duplicate those required for construction work by the Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.
• The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy or transcribe records maintained under paragraph above of this clause. The Contractor or subcontractor also shall allow authorized representative of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours. (5) Subcontracts - The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (5) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (5) of this section.

Transit Employee Protective Provisions:
(1) The Contractor agrees to comply with applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable 20 of 23
to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311.

Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.
§ 5310(a)(2) for Elderly Individuals and Individuals with Disabilities If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S.

Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The
Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that the U.S. DOL letter (Exhibit J).
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas
21 of 23
If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA.

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.

Charter Service Operations:

The Contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation.

School Bus Operations:

Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities.

ADA Access:

Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities 22 of 23
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.

In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary, to identify the affected parties.

Energy Policy and Conservation:
42 U.S.C. 6321 et seq., 49 CFR Part 18
Energy Conservation - The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

Drug and 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. part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.” The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California or the City of El Monte to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The Contractor agrees further to certify annually its compliance with Parts 653 and 654 before March 15 and to submit the Management Information System (MIS) reports before March 15 to the City of El Monte City Manager or her designee. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
23 of 23
b. Race-Conscious Disadvantage Business Enterprises
A project-specific goal of 9.0% has been established for this RFP. We highly encourage the utilization of DBE firms on this procurement. All Proposers shall complete and submit “Bidder DBE Commitment,” and “Bidders List,” at the time of proposal submittal. Please reference required forms included in Appendix 1 entitled “RFP RC-DBE Instructions.”
1 The City of El Monte, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority’s (Metro’s) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). If applicable, Contractor shall furnish all documentation satisfactory to City of El Monte that the work committed to RC-DBE’s was actually performed by RC-DBE’s. Requests for progress payments shall include a summary of payments actually made to RC-DBE’s during the invoice period (Appendix 1) which includes a total of all payments made to all subcontractors under this Contract. RC-DBE participation shall be credited toward the overall RC-DBE goal only when payments are actually made to the RC-DBE firms.

CONTRACTOR shall submit on the 15th of every month to City of El Monte Contract Compliance Officer, Appendix 1. Upon completion of the Contract, Contractor shall submit “Final Report-Utilization of Disadvantaged Business Enterprises-First Tier Subcontractors,” Appendix 1, and submit with the final invoice.
2 Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by Contractor to carry out these requirements is material breach of this Contract, which may result in the termination of this Contract or such other remedy, as City of El Monte may deem appropriate.

SETTING THE STANDARD FOR

COMMUNITY TRANSIT
DECEMBER 14, 2021
SUBMITTED BY:

SOUTHLAND TRANSIT, INC.
3650 ROCKWELL AVENUE
EL MONTE, CA 91731

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
AND PARATRANSIT SERVICES CONTRACT - 2022
E-COPY

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 1

COVER LETTER
October 13, 2021
Sarah Zadok
Transportation Operations Manager
City of El Monte
11333 Valley Blvd.

El Monte, CA 91731
Re: Proposal for the City of El Monte Fixed Route and Paratransit Services Contract - 2022
Southland Transit is very pleased to present this proposal to the City of El Monte. We have a clear understanding of the requirements established for the City’s contracted Fixed Route and Paratransit/Dial-A-Ride services and are fully committed to exceeding them.

Southland Transit is a regional leader in providing community public transit services. As the City’s current operator of these services, we will bring that experience to the task of implementing system improvements, while continuing to provide exceptional service quality to its transit patrons.

We believe that the services we can offer to the City of El Monte are superior for many reasons, including:
 We have operated City’s Transportation Services 2002, and since beginning we have consistently maintained overall rider satisfaction. We have a detailed and thorough understanding of its rider needs.
 We are proposing a fully qualified and extensively experienced management team with direct experience managing this service, as well as similar services.

Our proposed team has demonstrated a high level of collaboration with City staff.  Our corporate office and operations facility is located in the City of El Monte, which both enables our operations staff to respond quickly to service issues and senior staff to be highly responsive with supporting the transit service and our project team.
 We operate multiple transit systems within the San Gabriel Valley and are positioned very well to move resources quickly, in order to continuously maintain high service delivery levels.

Additionally, our proposal includes initiatives that we firmly believe will advance the Agency’s Transit Services through the following elements:

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
liJ We are presenting a wage schedule that substantially exceeds minimum requirements, in order to attract and retain the most qualified, dedicated, customer focused and safe employees to deliver the Citis Transportation Services.
0 We have made a major fleet safety commitment to the system by including incident based surveillance technology that allows for real time tracking of incidents, as well as unique monitoring of driver safety habits. hereby certify that all information submitted is true and correct. I affirm that I am authorized to bind our company to this proposal, that the company will retain all current employe.es covered under CA Labor Code 1070 and that the company will execute a contract within ten (10) calendar days following Notification of Award. I also affirm that we understand the nature and purpose of the services described in the Request for Proposals (RFP), and hereby acknowledge the clarifications provided in addendums 1, 2 and 3.

Further, I authorize the company1s Vice PresidenUCOO, Jason Snow, to serve as our primary contact in negotiating contract terms and pricing on behalf of our company.

Jason can be reached by telephone at (626) 258-1387, by fax at (626) 258-1329, or by email at [email protected].

We appreciate the opportunity to continue our partnership with the City of -El Monte and very much look forward to discussing our work plan and qualifications with you. If there are any questions regarding this proposal please do not hesitate to contact us.

We thank you for your consideration.

Sincerely,
Timmy
Southland
Mardiros?ian,
Transit, Inc.

Presid~
3650 Rockwell Avenue
El Monte, CA 91731
Phone: 626.258.1310 I Fax: 626.258.1329 I Email: [email protected] SOUTHLAND TRANSIT, INC. 12

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 3

TABLE OF CONTENTS
Cover Letter............................................................................................... 1 I. Background and Experience .................................................................. 7 Company Background ............................................................................... 7 Firm Experience......................................................................................... 7 Range of Services ..................................................................................... 8 Municipal Transit:............................................................................ 8 Paratransit Operations (Dial-A-Ride)............................................... 8 Fixed Route Operations .................................................................. 9 Ability to Manage Performance.................................................................. 9 Operations Profile .................................................................................... 11 Corporate Philosophy .............................................................................. 12 Corporate Support ................................................................................... 12 Corporate Organization Chart ....................................................... 14 Timmy Mardirossian - Resume ..................................................... 15 Jason Snow, CCTM - Resume...................................................... 16 II. Proposed Personnel & Management Plan........................................... 18 Project Organization Chart....................................................................... 18 Experience and Capabilities of Planned Team ........................................ 19 Michelle Gamez - Resume............................................................ 20 Norma Mota - Resume.................................................................. 21 Linda Davis - Resume................................................................... 22 Patricio Mendez - Resume............................................................ 23 Babatunde Akinyele - Resume...................................................... 24 Project Team Commitment ...................................................................... 25 Recruitment and Training......................................................................... 26 Initial Screening Process............................................................... 26 Mechanics..................................................................................... 26 Road Supervisors.......................................................................... 27 Dispatch and Customer Service Employees ................................. 27 Ongoing Screening ....................................................................... 27 Management and Personnel Policies ...................................................... 27 Equal Employment Opportunity..................................................... 27 Employee Handbook..................................................................... 28 Open Door Policy.......................................................................... 28 Sexual Harassment Training......................................................... 28 Drug & Alcohol Abuse Policy ........................................................ 28 Safety & Training Program....................................................................... 29 Injury and Illness Prevention ......................................................... 29 Training Program .......................................................................... 31 Initial Driver Training ..................................................................... 31 Orientation .................................................................................... 31 Defensive Driving.......................................................................... 31 Curriculum..................................................................................... 32

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 4
Pre & Post Trip Vehicle Inspection................................................ 32 Elderly and Disabled Riders.......................................................... 32 Communications ........................................................................... 33 Fare Handling................................................................................ 33 Route and Service Area ................................................................ 33 Hazardous Materials and Blood borne Pathogens........................ 33 Body Mechanics and Safe Lifting.................................................. 33 Harassment in the Workplace ....................................................... 33 FTA Substance Abuse Requirements........................................... 34 Commercial Vehicle Proficiency.................................................... 34 Behind-the-Wheel Training ........................................................... 34 Refresher Training ........................................................................ 34 Evaluation ..................................................................................... 35 Mechanic Training......................................................................... 35 Road Supervisor Training ............................................................. 35 Dispatch and Customer Service Training...................................... 36 Labor Resources ..................................................................................... 37 Staffing & Retention................................................................................. 39 Benefit Programs .......................................................................... 39 Health Insurance........................................................................... 39 Dental/Vision Insurance ................................................................ 39 Paid Time Off ................................................................................ 40 Paid Holidays ................................................................................ 40 401(k)............................................................................................ 40 Bereavement Leave...................................................................... 40 Paid Jury Duty Service Leave ....................................................... 40 Sign-on/Retention Bonus .............................................................. 40 Referral Bonus .............................................................................. 41 Compliance with Labor Code 1070.......................................................... 41 DBE Subcontractors ................................................................................ 41 III. Maintenance Program/Strategy............................................................ 43 Vehicle Maintenance Program................................................................. 43 Parts/Fluids Specifications and Requirements.............................. 43 Revenue Vehicle Service Condition.............................................. 43 Revenue Vehicle Damage ............................................................ 44 Driver Daily Vehicle Condition Inspection (Daily Pre-Trip) ............ 44 Maintenance Personnel ................................................................ 45 Fuel Records................................................................................. 45 Warranty Work .............................................................................. 46 Revenue Vehicle Appearance, Cleaning, and Servicing ............... 46 Daily Vehicle Inspection and Servicing ......................................... 47 Wheelchair Lifts and Ramps ......................................................... 47 Preventive Maintenance Program................................................. 48 Preventive Maintenance Inspection – A........................................ 48 Preventive Maintenance Inspection - Brakes ................................ 49

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 5
Preventive Maintenance Inspection - Engine ................................ 49 Preventive Maintenance Inspection - Transmission...................... 49 Preventive Maintenance Inspection – Cooling System ................. 49 Preventive Maintenance Inspection – Electrical System............... 49 Preventive Maintenance Inspection – Air Conditioning System .... 50 Preventive Maintenance Inspection – Wheelchair Lift Equipment. 50 Preventive Maintenance Service – Steam Cleaning ..................... 50 Service Vehicle Maintenance Record Keeping ............................. 50 Vehicle Maintenance and Accident Reporting............................... 51 IV. Operations Plan ..................................................................................... 52 Understanding Expectations.................................................................... 52 Work Plan ................................................................................................ 53 Customer Service Center.............................................................. 53 Service Productivity and OTP ....................................................... 53 Telephone Service ........................................................................ 53 Telephone System ........................................................................ 53 Telephone Hold times ................................................................... 55 TDD and Language Line ............................................................... 55 Voice and Data Radios ................................................................. 56 Scheduling & Dispatch System................................................................ 56 Reservations ................................................................................. 56 Scheduling .................................................................................... 56 Dispatching ................................................................................... 57 Mobile Driver Assistant ................................................................. 57 Operations Monitoring................................................................... 58 Customer Self-Servicing ............................................................... 58 Reporting and Analytics ................................................................ 58 Billing and Auditing........................................................................ 58 Balancing Automation Scheduling with Customer Needs ............. 59 Providing Operations ............................................................................... 59 Passenger Disturbance & Driver On-Board Security..................... 59 Fleet Safety - Incident Based Surveillance System....................... 59 Responses to Vehicle Breakdowns............................................... 60 Meal/Rest Periods......................................................................... 60 Field Supervision........................................................................... 61 Meeting Performance Goals .................................................................... 61 Productivity and On Time Performance ........................................ 61 Complaint and Commendation Process........................................ 61 Data Collection and Reporting................................................................. 62 Monthly Management Report........................................................ 62 Passenger Complaints and Compliments ..................................... 63 Monthly Summaries ...................................................................... 63 Service Disruptions ....................................................................... 63 Trip Sheets.................................................................................... 63 Financial Records ......................................................................... 63

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 6
Invoicing........................................................................................ 63 Accounts ....................................................................................... 63 National Transit Database (NTD).................................................. 64 Fare Collection and Passenger Counts......................................... 64 Fare Box Malfunctions .................................................................. 65 V. Facility/Fueling Plan .............................................................................. 66 Facility Specifications.................................................................... 67 Facility Overhead/Diagram............................................................ 68 VI. Implementation and Transition............................................................. 69 VII. Cost Proposal Forms............................................................................. 70 Form 1-C Fixed Route Combined ............................................................ 70 Form 1-D DAR-Para Combined............................................................... 70 VIII. Agency References................................................................................ 71 Most Similar Projects .................................................................... 71 Fixed Route Projects..................................................................... 72 Project Overview - 5 Years ........................................................... 72 IX. Financial Responsibility........................................................................ 74 X. Required Forms ..................................................................................... 75 Proposal Letter/Certificate of Acceptance.........................................

Proposal Check Sheet ......................................................................

Performance Bond ............................................................................

Certificate Regarding Lobbying.........................................................

False Claims/False Claims Act Certification......................................

Civil Litigation History/Civil Litigation Certificate................................

State of California Drug Free Workplace Certification.......................

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

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

RC-DBE Forms .................................................................................

XI. Firm Exhibits..............................................................................................

Exhibit 1 – STI Employee Handbook.................................................

Exhibit 2 – STI Drug and Alcohol Policy............................................

Exhibit 3 – STI Safety & Training Manual..........................................

Exhibit 4 – STI Customer Service Manual.........................................

Exhibit 5 – STI Accident/Incident Investigation Procedure................

Exhibit 6 – STI Safety, Security and Emergency Preparedness Plan (SSEPP)............................................................................................

Exhibit 7 – STI Injury, Illness and Preparedness Plan (IIPP) ............

Exhibit 8 – Financial Statement.........................................................

Exhibit 9 – Sample Rider Survey.......................................................

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 7
I. BACKGROUND AND EXPERIENCE

COMPANY BACKGROUND
Southland Transit was formed in 2001 and is a privately held California corporation whose chief executives are Timmy Mardirossian and Jason Snow. The company is under the ownership of Mr. Timmy Mardirossian who maintains an active role as the company’s President and CEO. Mr. Mardirossian also manages several other companies under his common ownership that primarily offer complementary paratransit service, as well as taxi and airport shuttle services. The company’s conducts its business at 3650 Rockwell Avenue in the City of El Monte. The company’s telephone number is (626) 258-1310 and fax number is (626) 258-1329.

Southland Transit has built a reputation as one of California’s most effective transit companies, operating numerous small to medium sized paratransit and fixed route systems. Because we are locally owned and operated we can ensure that the highest levels of management are directly available to our clients and project managers. Every member of a project staff has direct support and assistance from company executives and corporate managers, every day.

FIRM EXPERIENCE
Southland Transit, Inc. is one of California’s most experienced community transit companies having operated 7 demand response services and 12 fixed-route services.

These operations are provided under contract with 9 Los Angeles County cities, the County of Los Angeles Department of Public Works, Riverside Transit Agency and the Los Angeles Metropolitan Transit Authority. Through these experiences we have developed a high level of expertise in the delivery of community transit services.

Southland Transit offers the experience of a national operator with the accessibility of a local operator. We can strengthen your operation in in the following ways.

Paratransit and Dial-A-Ride: We provide exceptional service to many municipalities and transit agencies, operating customized demand response services. Each service is unique and has its own challenges and we have been able to customize our operations to ensure we give each client and their passengers the necessary attention they deserve.

Fixed Route and Shuttle Services: We provide service on numerous fixed-route contracts. We have been successful on small and large projects. We firmly understand the demands and challenges that exist in each type of project, no matter the size.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 8

RANGE OF SERVICES
Southland Transit offers the experience of a national operator with the accessibility of a local operator. We can strengthen your operation in in the following ways.

Municipal Transit:

We have provided fixed route and paratransit
(Dial-a-Ride) service to multiple transit
agencies and are proud to have been the
operator that started the first fixed-route service
for the City of Baldwin Park. In Alhambra, El
Monte, Rosemead and Temple City we took
over the operations from large national
companies and immediately delivered
significantly improved services. With our LA
Metro and Riverside Transit Agency contracts
we have successfully provided services as part
of major regional transit systems.

Paratransit Operations (Dial-A-Ride):

In the Alhambra Senior Ride service, we improved system productivity by over 38% since taking over the service in 1998. This represents hundreds of thousands of dollars in annual savings from the old productivity level. These productivity gains were delivered while improving on-time performance
from the low 90% level to 98%.

In the City of Arcadia, we improved service from
the contractually required 4.8 passengers per
hour (PPH) to levels at times over 6.0 in one of
Southern California's busiest General Public
Dial-a-Ride operations providing over 190,000
rides per year, with a no denial policy in place.

This productivity gain was achieved while
delivering an equally impressive improvement in on-time performance, which now stands at over 96%. We also assisted this client with planning and implementing new fixed route services, while transitioning the Dial-A-Ride service to a traditional service model that exclusively supports their elderly and disabled community.

Finally, In the City of Rosemead we reduced total annual hours to run the Dial-A-Ride Service by 500, compared to the former provider. This was achieved through more productive reservations and scheduling practices.

The above are just some of our highlights that have a particular focus on senior and ADA operations, which we hope will provide insight as to our partnership efforts.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 9
Fixed Route Operations:

We have provided service on a number of small to medium sized fixed route operations throughout Southern California since 2001. In every case, we have improved on time performance through a commitment to
maintenance and by working with our clients to
ensure that route time points were aligned with
realistic traffic and ridership patterns.

We have been the operator of LA Metro's East
Contract Region for the past twelve years and
continue to maintain the highest On Time
Performance rankings among Metro’s
contracted and directly operated services. In
fact, nearly one-third of our company’s business is delivered through this contract at our dedicated facility.

In cites of Alhambra, El Monte, and West Covina, we took over the operations from large national transit companies and were immediately able to deliver significantly improved services.

We have been the only operator of Baldwin Park Transit Services and have done all of the route scheduling and much of the route planning for this system, growing this service from four small cutaway buses to six medium duty transit buses.

Southland Transit took over operation of the Alhambra Community Transit (ACT) fixedroute system in 1998. Ridership increased every year that we have operated the system due to the cooperating marketing efforts with City staff, which included a summer fun pass system, rider newsletters, and an active customer service survey program.

Essential to growth and development of this system has been our improvements in maintenance of the CNG fleet and our work to change the schedules to reflect changes in traffic flow and thereby make schedule adherence consistent. These two factors have made the service more reliable for the riders.

ABILITY TO MANAGE PERFORMANCE
Southland Transit is a local transit firm and operates multiple transit systems within the San Gabriel Valley. Our corporate offices are located in El Monte and we are well positioned to move resources quickly, in order to continuously maintain high service delivery levels to all of our clients.

Each of our contracts is supported by an independent management team, each of whom are guided and overseen by our various corporate departments. Southland Transit possesses all of the tools and resources necessary to ensure that the City’s Transit services can be delivered successfully in light of our other contracts.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 10
We believe that we can provide stronger operations support than any of our larger national competitors. These firms typically position their local manager to spend a great deal of their time managing financial performance. By contrast our managers’ report directly to the company’s executives and spend most of their time directly with their employees and clients. Our primary commitment is to provide high quality, costeffective transit services to our clients in Southern California and we believe we do that better than any other firm, national or local.
 Vehicle Maintenance: Our vehicle maintenance performance is a strong as any of our competitors. We have taken on the challenge of the growing use of alternate fuels and established successful programs with both propane and compressed natural gas (CNG). Our maintenance programs have supported vehicles across the full spectrum from paratransit minivans to 40 foot low floor CNG coaches. Our record of performance on California Highway Patrol (CHP) inspections and third party maintenance inspections has been exemplary.  Safety and Training: Our community transit operations have established an exemplary safety record that has allowed us to maintain cost effective insurance coverage for our clients. Our drivers undergo extensive training, with an emphasis on safety.
 Deployment of High Technology Dispatch: Southland has used GPS and wireless communication with on-board computers to enhance productivity and service reliability in dial-a-ride and flex-route service. We do not believe that any firm in California can match our record of performance in the successful implementation and use of automated dispatching systems for demand response service.
 National Transit Database (NTD) Reporting: Many of our current contracts require NTD reporting and we are well-versed in the required reporting process.

In many of our existing community transit operations we have had to assume primary responsibility for reporting the data to MTA because our smaller cities typically have no staff to handle these reporting functions. We have worked closely with Metro staff to meet all audit requirements.  Regulatory Compliance: We regularly train managers on managing in compliance with state and federal law. In addition, we pride ourselves in complying with all applicable federal laws and requirements, including, but not limited to, Equal Employment Opportunity, ADA, and Drug and Alcohol Testing Requirements.
 Local Corporate Support Team: Southland Transit, Inc. is based in the San Gabriel Valley. Our regional presence has allowed us to establish support systems for recruiting, training, safety, reporting, and vehicle maintenance that

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 11
allow our project managers to focus on the needs of their clients, and for company executives to be responsive and available to our clients when necessary.
 Secured, Fully Equipped and Nearby Facility: Our proposed facility is located at 3650 Rockwell Avenue in El Monte and houses all of Southland Transit’s San Gabriel Valley community transit operations. It is both secured and fully equipped, offering maintenance on-site 24 hours a day, 7 days a week.  Senior Management Experience: Southland Transit’s senior management team offers over 40 years of combined experience with providing community based transit services. No senior management team can compete with our knowledge of transit services in the San Gabriel Valley.

We believe that we can provide stronger operations support than any of our larger national competitors. These firms typically position their local manager to spend a great deal of their time managing financial performance. By contrast our managers’ report directly to the company’s executives and spend most of their time directly with their employees and clients. Our primary commitment is to provide high quality, costeffective transit services to our clients in Southern California and we believe we do that better than any other firm, national or local.

OPERATIONS PROFILE
Southland Transit is a California S Corporation. The company independently maintains a workforce of 293 employees, of which 74 are City of El Monte residents. We, together with our affiliates, collectively employ a total of 881 employees, including drivers, call center staff and mechanics, and operate passenger transportation services from the following sites:

Site Parking (Sq ft) Structures (Sq ft) Vehicles Employees El Monte, CA (Headquarter) 147,423 14,620 251 408
Baldwin Park, CA 76,520 11,471 60 99
Perris, CA 105,778 10,222 116 97
Los Angeles, CA (Alameda) 55,710 6,280 120 203
Los Angeles, CA (Hooper) 19,773 7,147 14 24
Sun Valley, CA 40,607 18,634 45 18
Moreno Valley, CA Client Lot N/A 1 1
Montclair, CA 64,181 5,411 51 31

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 12

CORPORATE PHILOSOPHY
We treat every project in a unique manner that addresses the particular needs of that project. We emphasize availability to our clients and a cooperative effort in addressing their concerns and issues that may arise.

We groom our project managers to understand that their relationship and collaboration with each client, and support of their passengers, is paramount in the task of providing top shelf community transit service. We are careful not to distract our managers with unnecessary layers of supervision and internal reporting, which fundamentally separates us from our competitors. This results in each of our client enjoying an unmatched level of responsiveness and accountability.

CORPORATE SUPPORT
Southland Transit is committed to client partnership. Our executives share in this commitment and approach every project in a unique manner that addresses the particular needs of that project and client. We emphasize availability to our clients, and a cooperative effort in addressing the client concerns and issues. As the corporate offices are located in Southern California, our clients have unparalleled access to not only project staff but also to corporate personnel.

Timmy Mardirossian, President/CEO
Mr. Mardirossian has over 40 years of experience in the transportation field and provides strategic direction to the company. Additionally, Mr. Mardirossian is the chief executive of San Gabriel Transit, which is also a California corporation that was founded in 1953 and was one of the first companies to provide public paratransit services in Southern California. Through Timmy’s leadership, San Gabriel Transit has built a strong reputation by effectively operating some of the most difficult demand response operations in the industry, including Access Services.

Jason Snow, CCTM, Vice President/COO
As Southland Transit’s Vice President and Chief Operating Officer, Jason directs all of the company’s operations and provides direct support to its managers and clients.

Jason has over 20 years of transit experience, including the direct management of individual paratransit and fixed route transit systems that range from 5 to 300 buses.

Jason began his career as a bus operator in 1996 and has progressed through all levels of operations and safety management, allowing him to draw on first-hand experience to support Southland Transit project teams.

Steve Neimand, General Counsel
In a company the size of Southland Transit managing workers’ compensation claims and processes can mean the difference between success and failure. Steve’s role at our company is to provide on-site training to managers and supervisors on Workers’ Compensation as well as disseminate written material and notification of upcoming

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 13
seminars on the subject. He processes and forwards all new injury claims to appropriate insurance company and then reviews and monitors all open claims on a regular basis, scheduling claims reviews with each insurance company.

Wayne Seale, Director of Maintenance
Wayne has been with Southland Transit since its inception in 2001 and has maintained continuous responsibility for the development of our facility and vehicle maintenance programs. Wayne has over 40 years of automotive repair experience and holds ASE Master Technician certification. Wayne’s office is located at our El Monte facility and he provides daily maintenance support to our project teams and clients.

Ermine Manvelyan, Human Resources Manager
Ermine oversees our Human Resource and Compliance programs, as well as administers our benefits programs. Ermine has received training in wage and hour law and is directly available to all managers and supervisors to assist with questions and issues pertaining to employee performance, benefits, wage compliance and complaints.

Elin Mardirosian, Risk Manager
Elin is responsible for ensuring that company incidents and accidents are reported and properly tracked for claims and submission to clients, as required. Elin actively monitors compliance with established reporting systems, in order to ensure claims are brought to resolution.

Haik Ohanian, Information Technology
Haik has recently joined our company and will strengthen our IT department through his extensive leadership and technical expertise. Haik has nearly 20 years of technical experience, having lead the unit responsible for providing direct IT support to Los Angeles County Supervisors, and most recently leading operations and contract deliverables for a major IT consultancy firm. Haik understands how IT infrastructure varies by client and is well versed with interpreting contract requirements, as well as developing and supporting solutions that are unique to the needs of each of our projects and clients.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 14
Corporate Organization Chart
Wayne Seale
Maintenance Director
Ermine Manvelian
Human Resources
Steve Neimand
General Counsel
Haik Ohanian
IT Director
Elin Mardirosian
Risk Management
Corporate Support Staff
Juan Garcia
Maintenance Manager
Tamara Mendoza
Operations Manager
Joleen Judd
Dir Safety & Training
Jaime Lopez
General Manager
LA Metro
Diana Ortegon
AGM/Operations Mgr
Babatunde Akinyele
Safety/Training Mgr
Mario Ordonez
Maintenance Manager
Quillar McGoy
Call Center Manager
Alfredo Villa
General Manager
Riverside Transit Agency
Michelle Gamez
Senior Project Manager
Temple City, LA County, La Puente
Norma Mota
Project Manager
El Monte
Jose Ruiz
Project Manager
Alhambra, Baldwin Park, Pico Rivera
Babatunde Akinyele
Safety & Training Coordinator
Jason Snow
Vice President/COO
Timmy Mardirossian
President/CEO

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 15
Timmy Mardirossian - Resume President/CEO
Southland Transit, Inc./San Gabriel Transit, Inc. El Monte, CA 2001 - Present President/CEO 1991 - Present
Responsible for overall management, planning, and development for a $90,000,000 per year full service transportation firm. Southland Transit/SGT specializes in quality ground transportation with over 600 taxicabs, a fleet of over 250 Access Services ADA vehicles, eight fixed route projects, the operation of over thirteen municipal dial-a-ride contracts and three regional center transportation projects.

California Transit, Inc., Los Angeles, CA 2008 - Present President
CTI operates the Central region for Access Services, Inc. Operating 100 Access Services vehicles CTI transports over 1,400 passengers per day.

Super Shuttle San Fernando Valley (Arcadia Transit, Inc), Sun Valley, CA 1994 - Present President
Developed corporate strategy for a reliable shared ride airport transportation system which has grown to 60 vehicles serving Los Angeles International Airport and the Burbank Glendale Pasadena Airport, and many of the major tourist destinations of southern California. Super Shuttle of the San Fernando Valley provides over 250,000 trips per year and is proud to provide CNG vans as part of its fleet.

Tri City Transportation Systems, Inc., Sun Valley, CA 1996 - Present President
Tri City operates Checker Yellow Cab of Burbank and Glendale. Responsible for corporate planning, profit and loss, and market development for a 100 taxicab fleet operation.

Network Paratransit Systems, Inc. San Bernardino, CA 1997 - Present President
Developed corporate strategy for taxicab operations in San Bernardino and Riverside counties.

Developed business plan for franchise operations in Ontario later expanding operations to include Ontario Yellow Cab. Currently Bell Cab operates approximately 100 cabs in San Bernardino and Riverside counties.

G&S Transportation, Inc., Sun Valley, CA 1990 - Present President
City Cab in the cities of Glendale, Burbank and Pasadena.

Beverly Hills Cab Company, Inc., Los Angeles, CA 1979-1991 President/Chief Operating Officer
During 12 years with Beverly Hills Cab, held all levels of management positions while overseeing acquisitions and was responsible for significant growth strategy.

EDUCATION
California State University of Los Angeles, Bachelor of Mechanical Engineering 1981

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 16
Jason Snow, CCTM - Resume Vice President/COO
Highly responsive Transit Operations Executive with a proven success record of developing and managing cohesive, lean and highly effective teams to deliver safe and efficient transportation services, under contract with public and private passenger transport agencies.

Experienced with for profit and non-profit sectors to provide fixed-route, flex-route and ADA paratransit services. Reputation for progressing organizational effectiveness through continual evaluation of service performance and internal processes, in order to introduce best practices and clear organizational accountability for safe, compliant and reliable transportation delivery.

PROFESSIONAL EXPERIENCE
Vice President/COO
Southland Transit, Inc. – El Monte, CA October 2016 to present Senior management representative responsible for the daily operation of Southern California’s most experienced provider of community transit contract services. Provides leadership and support to project teams to ensure that they have necessary resources to continually deliver exceptional service to customers.

Assistant General Manager – Orange County Transit Authority | Fixed Route First Transit - Anaheim, CA January 2015 to October 2016 Responsible for the administration and daily oversite of operations delivering large urban fixed route service utilizing a combined fleet of 270 full sized CNG/LNG transit coaches and supported by a workforce of nearly 400 union drivers, dispatchers, supervisors. Managed a seamless transitioned of employees from former contract provider and began service without disruption. Developed operations control methods and procedures, training programs and KPI tracking metrics that quickly resulted in sustained improvement of on time performance.

General Manager, Multiple Contracts
MV Transportation - Salinas, CA March 2014 to October 2014 Responsible for the management, operation and maintenance of fixed route, trolley, paratransit and shuttle services utilizing a combined fleet of 90 cut-away, trolley and hybrid buses, and supported by a workforce of 130 employees who being represented by 3 unions. Services provided to local Transit Agency, Regional Center and two private firms. Resolved major AR backlog of more than $2M within first 90 days. Established compliance with CBA terms for driver scheduling within first month, while simultaneously improving labor efficiency through development and implementation of new run-cut that clearly outlined work assignment and selection procedures.

General Manager, Multiple Contracts Keolis Transit America, Inc.

Long Beach, CA September 2011 to March 2014
Responsible for the management, operation, and maintenance of fixed route, dial-a-ride, shuttle and demand response services utilizing a fleet of 95 coaches and supported by 120 employees.

Services provided in support of 11 accounts, including Los Angeles County DPW, 2 Cities, 2 Universities and 3 Regional Centers. Implemented multiple procedural and work process changes to maximize labor effectiveness and efficiency, as well as improve employee focus, system safety and overall cost-effectiveness.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 17
General Manager, RTA - Commuter Link | Fixed Route
Transportation Concepts, Inc - Riverside, CA 2010 to 2011 Responsible for the management and operation of contracted fixed route and commuter link services throughout agency service area (including San Diego), utilizing a fleet of 84 alternative fuel coaches and supported by a workforce of 150 employees, including 130 Teamsters.

Successfully transitioned service between incumbent and successor companies, while maintaining service performance levels for on-time roll out and scheduled routes completed at over 98 percent.

Southland Transit, Inc.

Vice President of Operations 2009 to 2010
Senior management representative responsible for the bus operations of a regional transit contracting firm, encompassing a fleet of more than 350 coaches, including full size transit coaches using alternative fuels, and an employee base exceeding 600. Principal responsibility maintaining 29 service contracts held primarily with municipal and other public sector clients.

Primary responsibility for PnL performance, with a combined 32 million dollar annual budget.

General Manager, LA Metro - East Contract Region | Fixed Route | Express Route Southland Transit, Inc - Baldwin Park, CA 2005 to 2009
Direct responsibility for start-up of the operation with virtually no incumbent employees.

Managed the conversion of this operation from a fleet of entirely diesel to alternate fuels, including both CNG and propane. Managed the installation of automated bus washing, CNG Time-Fill station, as well as equipment required for client's TAP fare card & ATMS installation.

Project exceeded the performance of MTA's own San Gabriel Valley sector for all key performance criteria, including specifically on-time performance, miles between maintenance failures and miles between accidents.

Regional Director of Operations
Southland Transit, Inc - Southern CA 2003 to 2005
Responsible for providing management support for start-up and operations of the company outside the Los Angeles basin; including those in Ventura, San Luis Obispo, Lancaster and San Diego. Worked with clients and project managers to insure attainment of project objectives.

Regional support of contracts with the Cities of Arcadia, Monrovia, West Covina, Baldwin Park, La Puente, Temple City and the Whittier operation for the County of Los Angeles.

EDUCATION AND PROFESSIONAL DEVELOPMENT
Community Transportation Association of America
Certified Community Transit Manager (CCTM)
University of Arizona, Eller Executive Education
High Impact Leadership
Pepperdine University, Graziadio School of Business Management Paratransit/Transit Management
University of Nevada, Reno, College of Extended Studies Management, Supervision and Business Law
USDOT, Transportation Safety Institute
Certified Mass Transit Instructor
FTA Substance Abuse and Program Compliance
Instructor Recertification Course in Bus Operator Training

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 18
II. PROPOSED PERSONNEL & MANAGEMENT PLAN

PROJECT ORGANIZATION CHART
Wayne Seale
Maintenance Director
Ermine Manvelyan
Human Resources
Haik Ohanian
IT Director
Elin Mardirosian
Risk Management
Steve Neimand
General Counsel
Jason Snow
Vice President/COO
Payroll/Benefits Assistant
.5 FTE
Reporting Assistant
.5 FTE
Road Supervisors
.5 FTE
Bus Operators

12.12 FTE
Norma Mota
Project Manager
Fixed Route Operations
Dispatch/Reservations

3.55 FTE
Van Operators

2.80 FTE
Linda Davis
Assistant Manager
DAR Operations
BTW Instructor
.25 FTE
Route Trainers
Designated Drivers
Babatunde Akinyele
Safety/Training Coordinator
.2 FTE
Maint Clerk
.2 FTE
Technicians

1.75 FTE
Contracted Bus Washers
.95 FTE
Patricio Medez
Maintenance Coordinator
.2 FTE
Michelle Gamez
Senior Project Manager
City of El Monte
Contract Monitoring Staff

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 19

EXPERIENCE AND CAPABILITIES OF PLANNED TEAM
Southland Transit’s proposed project team is largely comprised of Key individuals who presently serve the City of El Monte in delivery of its Fixed Route and DAR services, and have all demonstrated exemplary performance. Their expertise will be backed by the full support of our corporate management team who are previously identified in this proposal.
 Senior Project Manager: Michelle Gamez is an experienced and committed manager with a deep understanding of Municipal Transit Systems and passengers. Michelle works closely with assigned project staff and stands ready to coordinate a smooth service transition. In holding this position she is responsible directly to the City’s Staff for all tasks described in this proposal, including but not limited to, supervision of all project staff, oversight in the preparation of operational reports and other required information, full participation in community outreach efforts, and response to City officials on any system concerns.
 Project Manager, Fixed Route Operations: Norma Mota has served as project manager for the City’s contracted transportation services for more than 15 years.

Norma was born and raised right here in the City of El Monte and has a highly familiar with the area and passenger needs. Norma’s primary role will be to respond to all daily inquiries from the City and its passengers, as well as to ensure that Fixed Route service is properly staffed and operates according to all published routes and timetables. Norma will also work closely with City staff to recommend or assist with route realignment, as deemed necessary.  Assistant Manager, DAR Operations: Linda Davis has been involved with the City of El Monte’s contracted transportation services since prior to Southland being awarded the contract in 2002. Linda understands the service from where the wheels meet the road, having served in virtually all positions, including driver, dispatcher and manager. Linda’s experience and rapport with system employees makes her an exceptional fit. Linda’s primary role will be to ensure that DAR service is properly scheduled, staffed and delivered, according to contract requirements.
 Maintenance Coordinator: Patricio Mendez is maintenance professional with over 10 years of experience providing heavy duty vehicle maintenance, including buses.
 Safety & Training Coordinator: Babatunde Akinyele, is a passenger transportation safety professional who leads our central training and field support activities from his office in El Monte. In this role he provides classroom and BTW training, as well as coordinates field supervision, driver evaluations and inservice training.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 20
Michelle Gamez - Resume Senior Project Manager
SENIOR TRANSIT MANAGER with significant experience in providing general public dial-a-ride and fixed route transit service in highly productive environments using automated dispatching.

Experienced with project reporting, both customer required reports and NTD reporting.

Responsible for selection and training of customer service and dispatch staff for the company’s consolidated call center.

PROFESSIONAL EXPERIENCE
Southland Transit, Inc.

Senior Project Manager 2009 to present
Responsible for overall operation of the company’s general public dial-a-ride services.

Interviewed, selected & trained customer service team leaders and reservationists in effective use of the Trapeze system. Developed the company’s approach to the effective use of Trapeze in a dial-a-ride environment. Interviewed potential operators and selected for training.

Investigated accidents and/or incidents & provided reports to clients. Handled customer comments and complaints. Developed direct relationships with problem clients to insure their issues were not disruptive to the service. Worked with the other project managers to develop facility wide solutions, in particular the movement of the vehicle washing and cleaning crews from being managed by the maintenance staff to the operations staff resulting in a more accountable and organized vehicle cleaning/detailing program.

Project Manager- Alhambra and Rosemead 2012 to 2013
Responsible for the daily operations of the Alhambra and Rosemead Services. Provide supervision for operators and call center. Produced monthly billing reports to suit client needs.

Compiled information for and to adhere to NTD reporting requirements.

Call Center Manager 2003 to 2008
Managed consolidated call center operation using Trapeze automated dispatching for the Cities of Monrovia, Alhambra, West Covina and the Downey Regional Medical Center. Trained all team leaders and reservationists in the proper operation of the Trapeze system. Monitored telephone performance, system productivity and on-time performance. Managed the service implementation for the dispatch portion of the West Covina Project.

Dispatcher 2002 to 2003
Worked as a reservations call taker and later a dispatcher on the Alhambra Transit system.

During this period system was changing from a manual system to Trapeze as part of a technology demonstration project.

EDUCATION AND TRAINING
University of the Pacific, Eberhardt School of Business Transit Paratransit Management Program Certificate
Drug & Alcohol Reasonable Suspicion Training
Sexual Harassment Awareness/Prevention Training
STI Basic Supervision Course
Trapeze Dispatch Software Training
LACMTA NTD Training

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 21
Norma Mota - Resume Project Manager, Fixed Route Operations TRANSIT MANAGEMENT PROFESSIONAL with significant experience in providing both fixed route and demand responsive services. Experienced with project reporting, both customer required reports and NTD rep01iing. Worked extensively with staff at client cities and transit agencies. Managed the performance of dispatchers, driver supervisors and drivers. Able to speak Spanish fluently, as well as being literate in Spanish.

PROFESSIONAL EXPERIENCE
Southland Transit, Inc.

Project Manager, El Monte 2005 to present
Responsible for all aspects of the company's operation in support of the fixed route and dial-aride systems for the City of El Monte. Worked closely with City staff to improve reporting systems and provide a high level of service quality. Delivered consistent improvement in the productivity of dial-a-ride systems. Worked with City staff to develop routing modifications to accommodate low floor buses.

Project Manager, Baldwin Park 2003 to 2005
Responsible for both drivers and field operations in support of the Cities of Baldwin Park, Temple City and the County of Los Angeles as well as dispatch operations for all of the above plus the Cities of La Puente, Cerritos, Lawndale and unincorporated East Los Angeles.

First Transit, Inc. 2002 to 2003
Office Manager, Foothill Transit Operation
Responsible for all project reporting and financial functions at this large operation providing service to the Foothill Transit Zone. Supervises administrative staff and provides reports to project management as well as client staff. Was responsible for the entire recruiting operation.

First Transit, Inc. 1991 to 2002
Assistant Manager, City of El Monte Operation
Handled all project reporting, financial accountability and personnel functions. Provided orientation to multiple project managers and routinely did the project manager job during times when no manager was assigned. Handled employee/staff discipline as well as complaints from the public and the client. In the last two years of the project was responsible for all nonmaintenance employees, including drivers.

Training & Education
University of the Pacific, Eberhardt School of Business Transit Paratransit Management Program Certificate
Community Trans. Assoc. of America (CTAA)
Understanding Passengers Who Have Experienced Trauma
California Assoc. for Coordinated Transportation (CalACT) Drug & Alcohol Program Manager
USDOT, Transportation Safety Institute
Reasonable Suspicion and Post Accident Testing Determination Leadership & Supervisory Skills for Women
LACMTA NTD Reporting Course
Front Line Leadership Training

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 22
Linda Davis - Resume Assistant Manager, Dial-A-Ride Operations TRANSIT/PARATRANSIT OPERATIONS MANAGER with proven success in managing effective community transit service, scheduling and conducting quality, productive dial-a-ride service and working with governmental clients to insure the effectiveness and transparency of contracted services. Works closely with transit users and the public to answer questions or concerns on a positive basis. Has worked extensively with both fixed route transit drivers and dial-a-ride drivers to maintain schedule integrity and a positive community image. Highly skilled in the use of scheduling and dispatch software for dial-a-ride.

PROFESSIONAL EXPERIENCE
Southland Transit, Inc. 2002 - Present
Operations Manager, City of El Monte Transit System
After coming over from the previous contractor as a supervisor and dispatcher, steadily added responsibilities and has been functioning as overall Operations Manager since the primary facility was established in El Monte in 2004. Handles all driver scheduling and driver sign-ons to insure effective service coverage. With the assistance of call center staff provides monitoring of both fixed route and dial-a-ride performance throughout the day.

First Transit, Inc.

Dispatch Supervisor, El Monte Division 1995 - 2002
Dispatched drivers for fixed route and dial-a-ride services. Also responsible for scheduling, cash handling, attendance records, answering telephones and other office duties. Trained dispatchers and routers.

Dial-a-Ride Driver, El Monte Division 1994 -1995
Safely and courteously provided transportation service for the elderly and physically challenged passengers using the City of El Monte dial-a-ride.

Fixed Route Driver, El Monte Division 1992-1994
Provided safe and on-time fixed route service to patrons of the El Monte Trolley transit system.

Durham Transportation, Inc.

Special Education School Bus Driver 1991-1992
Transported physically challenged students from home to school and return.

Education and Certifications
LPM Consulting, Inc.

Reasonable Suspicion & Post Accident Determination for Drug & Alcohol Testing Southland Transit, Inc.

Sexual Harassment Awareness for Supervisors
Commercial Driver’s License with Passenger Endorsement
Verification of Transit Training
Southland Customer Service and Dispatch Training
Rio Hondo College, Emergency Medical Technician Course 1990-1991

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 23
Patricio Mendez - Resume Maintenance Coordinator
TRANSIT MAINTENANCE FOREMAN with extensive experience in performing and overseeing heavy line vehicle maintenance. Has worked in transit vehicle maintenance specifically for more than 15 years.

PROFESSIONAL EXPERIENCE
Southland Transit, Inc. 2005 -
Present
Maintenance Coordinator/Lead Technician
Assigns and supervisors shop work assignments. Performs diagnostics of Engine, Transmission, Multiplex Electrical systems, as well as HVAC, charging, starting and cooling systems. Troubleshoots and repairs heavy duty air brake and suspension components.

Smog Pros
Technician 1999 -
2005
Customer service; Repair of electrical, ignition, charging and starting systems. Perform vehicle suspension, brake, alignment and tire repairs. Diagnose HVAC systems.

Repair vehicle emission systems. Assist customers with part identification and diagnosing drivability complaints. Assist with organizing and conducting annual merchandise inventory.

Freeway Port Motor
Technician 1996-
1999
Heavy line vehicle maintenance. Brake and lube service. Engine and transmission removal/replacement. Vehicle suspension and alignment repair.

Certifications and Skills
Bilingual – English/Spanish
Professional Management and Customer Service
Proficient with Cummins Insite / Allison DOC Software
Automotive Service Excellence (ASE)
Certified DVOM
Certified Transit Electrical Level II, III & IV
Certified Cummins 8.9 Level I & II
Certified CNG Fuel System Inspector
Certified EPA 609

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 24
Babatunde Akinyele - Resume Safety/Training Coordinator TRANSPORTATION SAFETY PROFESSIONAL with seven (7) years of significant training and supervisory experience. Experienced with developing, mentoring and supervising drivers, as well as with delivering high quality training in support of paratransit and fixed route transit services.

PROFESSIONAL EXPERIENCE
Southland Transit Inc., El Monte, CA 2014 – Present
Safety & Training Coordinator Oct 2015 – Present
Training and instructing of new operator to take their written test for Class B Commercial Drivers License. Conducting Safety meetings, conducting driving evaluation and retraining of operator (in class and behind the wheel (BTW).

Road Supervisor Mar 2015 –Oct 2015
Maintain performance standards as required by the FTA and FDOT. Maintain the safety of vehicle operations, employees and customers. Monitor operations including drivers, routes, and assignments; Respond to customer request and emergencies that may occur.

Bus Operator Sep 2014 – Mar 2015
Providing safe, courteous transportation service to customers and assisting those with or without mobility devices in boarding and exiting the vehicle.

Raytheon Space and Airborne Systems, El Segundo, CA 2004 -2012 Bond, Coat and Paint process Lab Supervisor 2009 – 2012 Supervised a highly talented staff, which supported the Space and Airborne Engineering labs and production centers for the whole El Segundo facility. This included precision cleaning, conformal coating, painting, bonding and encapsulating, Worked with the Correction Action Board (CAB) for quality and process improvements.

Electrical Assembly Operation (EAO) Project Manager 2008 – 2009 GNS Production Lab Supervisor 2004 – 2008

EDUCATION
AS, Electronic Engineering Technology – ITT Technical Institute

CERTIFICATION
Bus Operator Instructor - Transportation Safety Institute Certified Examiner – California Department of Motor Vehicles R6 Sigma Specialist Certified
Polymeric Applications Certified
Polymeric Application Inspection Certified

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 25

PROJECT TEAM COMMITMENT
The following table describes the relevant knowledge, availability and experience of our project team that will be responsible for the successful management of City’s contracted transportation services. As a demonstration of our commitment to this project we have selected the finest individuals within our company who are all ready to provide the best management and operation of this service beginning on day one. Further, we commit that each will remain dedicated to this project, as described below, and that fully dedicated staff will not be replaced without prior written consent from the City.

Proposed Key
Personnel
%
Dedicated
Weekly
Hrs Level of Responsibility and Availability

MICHELLE GAMEZ
Senior Project
Manager
15% 6.00
As Senior Project Manager, Michelle will oversee the
activities of directly assigned project staff and serve as a first layer corporate contact to the City. Michelle will ensure that the company remains compliant with
regulations and all contract requirements, as well as be directly responsive to the City’s Transportation Manager in this regard.

NORMA MOTA
Project Manager
Fixed Route
Operations
100% 40.00
As Project Manager, Norma will ensure that the City’s
Fixed Route system is operated safely and according to
published timetables. Norma will also work closely with and support the DAR Operations Manager to ensure
service is delivered consistent with all regulatory and contract requirements, as well as be the City’s first point of contact for day-to-day project matters/inquiries. We commit to not removing or reducing Norma’s availability for this project.

LINDA DAVIS
Assistant Manager
DAR Operations
100% 40.00
As DAR Operations Manager, Linda will be directly
responsible for assigned Call Center employees and
system drivers. In this role, Linda will ensure that trip requests are scheduled with a high level of customer
service and that assigned drivers are safe, prompt and
courteous while transporting passengers. We commit to
not removing or reducing Linda’s availability for this
project.
“TUNDE” AKINYELE
Safety/Training
Coordinator
20% 8.00
Babatunde is currently assigned to oversee our training department in El Monte. Babatunde is a TSI certified
Bus Operator Instructor, and is a certified DMV
examiner.

PATRICIO MENDEZ
Maintenance
Coordinator
20% 8.00
Patricio is currently assigned to oversee shop
maintenance in our El Monte. Patricio holds multiple
ASE certifications and will work closely with our Fleet Maintenance Director, Wayne Seale, to ensure vehicles
are properly maintained and available for service.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 26

RECRUITMENT AND TRAINING
We will use two primary sources to hire employees:

1. As the incumbent provider, we will retain current employees who continue to meet requirements.

2. New hire drivers with no prior passenger transportation experience. It is critical to our overall success that a viable program be established for training individuals without experience. It allows us to maintain balance in our recruitment efforts and be less dependent on the actions of other employers in filling our positions.

Initial Screening Process
The screening process for project employees meets all legal and contract specifications.

Applicants must complete our application and those seeking a position that requires commercial licensing will submit a current DMV printout (H6). Those who meet our minimum qualifications will be interviewed and those demonstrating the appropriate interest and character will be offered employment that is subject to their submitting to a complete background, as well as a pre-employment physical and drug screen. In addition, Driver applicants are screened using the Live Scan fingerprint system. Driver applicants must either possess a California CDL with appropriate endorsements, or meet the following minimum requirements for entry into CDL training:
5 years driving experience;
DMV record with no more than three (3) moving violations in preceding 5 years; No rail crossing convictions;
No reckless driving, DWI/DUI or drug abuse convictions or license suspensions due to such convictions in last ten years;
We seek drivers who are able to read, write and communicate in English; however, we appreciate the skills and versatility brought to the service by those who are able to communicate in more than one language.

Mechanics
We have had exceptional success in attracting highly qualified technicians to staff our maintenance operations because they are attracted to our commitment to doing the job right. Southland has no layers of bureaucracy to preclude them from participation in the development of effective maintenance policy.

Wayne Seale has been instrumental in working with our customers and our technicians to develop a maintenance plan that will produce clean, reliable equipment for Southland drivers. Wayne makes certain that the plan is followed and that the vehicles are maintained to the highest standards.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 27
We seek to recruit technicians who want to be part of an operation committed to continuous learning. Our expectation is that every maintenance employee will make continual progress to develop his or her knowledge and skills. Such development is then recognized in pay increases.

Road Supervisors
Road supervisors are generally chosen from the driver pool or, in the case of a contract take over, from qualified existing road supervisors. We choose individuals who are motivated and show supervisory potential. If the individual chosen has no previous supervisory experience s/he will be sent for a class on supervision through the Transportation Safety Institute. In-house the road supervisors are trained in the procedures for accident investigation, response to service problems, and informed of all service standards for the contract on which they will be working. They also attend a company training session regarding human resources issues and procedures at Southland.

Dispatch and Customer Service Employees
Our approach to hiring dispatch and customer service representatives is to seek individuals with computer familiarity, high energy, and bilingual capability. We have had great success in attracting committed, bright, talented workers, in part because we offer a competitive wage with health benefits and, more importantly, we respect the tremendous importance of the customer service department in the success of our company.

Ongoing Screening
Employee selection actually continues throughout the training process. We do not hesitate to remove trainees who are not achieving the desired level of proficiency in any area, including safe driving skills, interaction with riders, ability to read maps and navigate the service area, and ability to use assigned communications and IT equipment.

All safety sensitive employees remain subject to ongoing drug and alcohol testing and driving records are checked at least once per year through the California DMV Pull Notice program.

MANAGEMENT AND PERSONNEL POLICIES
Equal Employment Opportunity
At Southland Transit we take great pride in our commitment to equality and opportunity in the work place. Our employees represent the ethnic diversity of California.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 28
Performance in the work environment is the basis from which we judge our employees.

Managers and supervisors are trained in equitable management techniques, and their ability to supervise their employees in a nondiscriminatory and equitable manner is part of their job appraisal.

Employee Handbook
Southland is a California company and is concerned with insuring the highest level of compliance with both state and federal employment practice laws. It is quite common for national employers to note only federal laws in areas such as wage and hour rules, discrimination, leave policies, etc. California laws are frequently more protective of employee rights.

The Southland Transit, Inc. Employee Handbook addresses all issues of personal time off, leaves, pay practices, holidays, overtime, family leave, as well as the company’s safety, harassment, and anti-violence policies. The handbook was written to fully comply with both federal and state law. It can be found with the written policies submitted with this proposal.

Open Door Policy
Southland Transit maintains an “Open Door” policy to promote communication between employees and management. Employees who are having problems or wish to register a grievance can do so directly to senior management of the company. Their grievance will be heard and the employee’s supervisor is given 48 hours to provide a resolution in writing to the principals and the applicable parties. This practice enables employees to utilize and enhance problem solving and managerial skills. Southland Transit senior management believes this process promotes self-esteem and professional growth.

Sexual Harassment Training
Our Human Resources Manager conducts the mandatory sexual harassment training of supervisors and managers throughout our company. Furthermore, the company schedules classes on a regular basis to insure that new hire managers and supervisors, as well as those who are promoted from within, obtain this required training and meet the refresher requirements.

Drug & Alcohol Abuse Policy
Southland has an established anti-drug and alcohol misuse prevention program in accordance with the terms of Code of Federal Regulation (CFR) 49 Parts 40 and 655.

Testing includes mandatory pre-employment drug screens, random testing, and postaccident testing for all drivers and “safety sensitive” employees as defined by federal law. All drug and alcohol testing is done in accordance with the DOT requirements for split screen testing. In addition Southland has a written policy for a Drug Free workplace in its handbook.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 29
Managers and supervisors also undergo additional training to ensure that they fully understand the requirements and indications for “reasonable suspicion” testing, possible signs of drug and/or alcohol abuse. This allows continued monitoring of workers when reporting for duty and during the course of their workday. A copy of the complete policy can be found in with the written policies submitted with this proposal.

SAFETY & TRAINING PROGRAM
Southland Transit believes that the safe transportation of our customers is the principal responsibility of our company. This statement forms the basis of our safety philosophy.

During all aspects of service delivery, Southland Transit will demand that each of its employee place safety as the top priority. We will remind employees that it is our responsibility to protect the safety and health of our passengers. We have dinged a number of highly effective safety programs to ensure that we maintain safety for our employees and customers. Our safety program has three components.  Safety Awareness and Training,
 Accident Prevention and,
 Safety Awards
 Safe working habits, defensive driving, training and retraining on driving skills and attitude, lifting, accident prevention, etc., are regular subjects covered in our program, using the following platforms:

Safety Messages – Safety messages are regularly updated to focus employees on current topics and problem areas. These are typically announced over our radio system.

Safety Posters and Campaigns – Southland Transit will conduct special safety campaigns to highlight particular problems and reinforce safe work practices and driving skills.

Safety Meetings – These meetings are held monthly and all employees must attend.

Awards Recognition – Drivers are recognized during safety meetings for practicing safe operating procedures.

Injury and Illness Prevention
Southland Transit has a fully compliant Injury Illness Prevention Program in place as well as a Hazard Communication Program. The plan meets all requirements of good practice as well as state and federal laws. Under this plan regular walk through inspections of the facility and equipment inspections are undertaken, as well as investigation of all reported safety problems.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 30
Occupational, Environmental Health and Safety Plans and Programs – This program identifies specific programs designed to provide a safe and healthy workplace for employees.

Hazardous Materials Program – This program ensures that all employees are aware of the hazards and precautions associated with hazardous substances. The program includes the listing of hazardous substances, container labeling, maintenance of Material Safety Data Sheets, training, hazardous material spill response, and environmental compliance and waste control and disposal practices.

Facility Inspections – We periodically inspect our facilities for unsafe or unhealthy conditions and to arrange for corrective actions for unsafe or unhealthy conditions in a timely manner. The frequency of facility inspections is based upon the risk associated with the operating activity, but usually does not exceed more than one month.

Equipment Inspections –We have a preventive maintenance program in place to identify equipment malfunctions that could lead to accidents and/or injuries. The preventive maintenance program shall include scheduled inspections and replacement intervals that meet or exceed the recommendations of the equipment manufacturer.

Hazard Identification – We maintain a hazard identification and resolution program that provides a method of identifying bus system hazards, assessing their potential impact on the bus operations and efficiently eliminating or controlling them.

Accident Investigation – While we do everything possible in our training and ongoing safety meetings to avoid accidents, they do occur and we train our employees how to handle those situations. Every driver is trained in the handling of an accident situation.

The driver immediately contacts dispatch and/or the field supervisor when an accident occurs. Dispatch then coordinates an appropriate response, which will include calling City staff to report the accident. The driver is trained to seek appropriate information at the accident scene, which is reinforced by the arrival of a field supervisor or member of management personnel. Pictures are taken at the scene for thorough documentation.

Accidents which take place with consumers on board, or when an accident will cause a delay in service are reported immediately. If needed a field supervisor or cover driver will use another vehicle to keep service on time. Driver direction for handling accidents is part of the materials used in training and included in driver guides.

Emergency Response – We have prepared an emergency response plan to quickly establish control and chain of command in the event of emergencies. Site specific plans should identify local hazards, evacuation procedures, facility emergency management organization, and include information on emergency resources.

Proper Documentation – We have established methods to allow for timely reporting, resolution, and recording of hazards, injuries, and accidents, as well as a reporting system that allows employees to anonymously report workplace hazards in writing,

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 31
identify management resolution and response to the hazard, and a log to record the incident.

Training Program
We have prepared a comprehensive training program to provide safety training that includes classroom instruction with lesson plans and training materials. Our safety rules and guidelines plan informs employees of the hazards of their jobs and appropriate methods for reporting and controlling the hazards to prevent accidents and injuries. Our Safety and Training program identifies the training requirements for each classification of employee and identify the frequency of training and retraining required for each classification. Operator training shall be provided that focuses on defensive driving, rules pertaining to safe vehicle operation, pre-trip and pull-out inspections, emergency procedures, and injury and illness prevention. A copy of our Safety Rules and Guidelines Plan, as well as our Safety and Training Program manual can be found with the written policies provided with this proposal.

Initial Driver Training
The following is an overview of the initial driver training curriculum. This system is in use throughout our company and has been used to train transit drivers in service to operations throughout Central and Southern California. Classes follow the training materials from the National Transportation Safety Institute, with further development of materials from Transportation Management Associates for passenger assistance training and the Smith System for defensive driving.

Orientation
As we provide paid training, a trainee is an employee as soon as s/he enters training.

The initial session is to introduce the trainee to employee policies and procedures and to insure that all of the necessary initial paperwork is completed.

Defensive Driving
Our defensive driving instruction includes both the defensive driving course provided by the National Safety Council and the Smith System. In the two programs trainees learn techniques for avoiding accidents on the road, covering such things as attention to situations which can bring about accidents, making yourself aware of the actions of other drivers and pedestrians, the proper methods for crossing, entering and exiting the vehicle. We include the Smith System materials because they provide an exceptional tie in to behind-the-wheel training where our behind-the-wheel trainers use the proven Smith System process:
⇒ ALL: Aim high in steering
⇒ GOOD: Get the big picture

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 32
⇒ KIDS: Keep your eyes moving
⇒ LOVE: Leave yourself an out
⇒ MILK: Make sure they can see you
Curriculum
The Transportation Safety Institute, the training branch of the Federal Department of Transportation, has developed this 3-part curriculum. Every segment utilizes slide shows and a follow up exam.

Vehicle Operations: This segment discusses maneuvering techniques in several different operating environments with a variety of bus sizes. The primary focus is fixed-route operations with large vehicles in a variety of operating environments.

Customer Service: This second segment works with the first to give the driver trainee effective tools in handling customers, in both fixed and paratransit applications.

Emergency Management: This final segment covers the requirements for handling accidents and vehicle breakdowns. It also builds on the customer service segment in that it sets out methods by which the driver deals with these situations when the vehicle has passengers in congested situations.

Pre & Post Trip Vehicle Inspection
In class the trainee learns about the regulatory requirements related to the multiple items a driver must check such as tire tread depths, steering play ratio, air and hydraulic brake testing, etc. The most important part of this training continues with the trainees going through the “hands-on” portion, with buses.

Elderly and Disabled Riders
Empathy and Special Needs: The emphasis here is to train the driver how to respond to these passengers with care and consideration of special needs. Different approaches are used, such as having the trainee visualize what life would be like with a disability: if s/he were required to use a wheelchair, cane, seeing eye dog; if s/he were mobility impaired, lost balance, suffered from a cognitive impairment. The goal is to assist the driver in moving past pure sympathy or a demeaning view to understanding and the ability to aid and assist in a helpful manner.

Mobility Device & Securement: Trainees learn the correct use of vehicle lifts, ramps and restraint systems. Every trainee learns this both in the classroom and “hands-on” in the vehicles, acting as a driver and as a passenger. Emphasis is also put on the physical safety of the rider and the driver who is boarding the passenger, as well as completing the task without damage to the mobility device itself.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 33
ADA Training: The full range of requirements of the American with Disabilities Act as it impacts transit operations is covered here. Thus drivers learn about fares, service animals, discrimination, calling stops, steps to undertake when a wheelchair lift is inoperable so that the passenger is not stranded on the street.

Communications
This service will operate with radios, thus drivers will be trained in ten-codes and plain speak. In all cases the appropriate time to use the communication device is emphasized.

Fare Handling
Trainees are familiarized with the correct handling of fares, such as how to use fare boxes, whether assistance in handling currency is appropriate, and explanation of accounting for the number of passengers for reconciliation purposes if the contract so requires. Additionally, trainees are familiarized with the particular contract’s fare structure.

Route and Service Area
The classroom training is reinforced and supplemented during behind-the-wheel training. The ability to navigate is essential for a driver. Trainees learn how to use a Thomas Guide and learn to route themselves with a Thomas Guide. On fixed-route services they are familiarized with the particular routes on the service.

Hazardous Materials and Blood borne Pathogens
Trainees are familiarized with the hazardous materials that may be encountered in their job including the handling of body fluid spills that could lead to virus transfers, and use of the body fluid kit.

Body Mechanics and Safe Lifting
Drivers are required to use their body in many aspects of their job. To insure their safety we specifically train on the correct body mechanics for these tasks including the correct method for lifting, pushing, securing wheelchairs, and boarding and exiting the vehicle.

Harassment in the Workplace
Every employee, beginning as a trainee, is given information on harassment in the workplace. The goal is to make certain that employees know how to report any problems they have as well as to train employees on the many faces of illegal harassment and that Southland does not tolerate this in the workplace.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 34
FTA Substance Abuse Requirements
Drivers are taught the problems of substance abuse, with regard to the job, but also with an eye to its effect on quality of life. Southland’s Drug and Alcohol Policy is covered in detail. All rules and regulations are strictly enforced in accordance with DOT rules and regulations, as well as with the company policies.

Commercial Vehicle Proficiency
When the driver comes with a C-class license the trainee also undergoes the necessary training to obtain a Commercial Driver’s License.

Behind-the-Wheel Training
No driver operates on Southland service without undergoing behind-the-wheel training.

Members of our Safety and Training department select and train all behind-the-wheel trainers. There is at least one behind-the-wheel trainer at every Southland facility.

Behind-the-wheel training includes training at a secured parking facility through an obstacle course; road evaluation of the driver’s skills; and route training for the specific service. Additionally the trainee learns of the particular system requirements in effect.

Once the trainees begin behind-the-wheel training the safety department oversees the efforts, gets continual updates regarding how the training is progressing, and will do behind-the-wheel training themselves when needed.

Southland training emphasizes strenuous pre-testing and a formal final review prior to the trainees taking their final or CHP exams and moving on to “regularly scheduled” driver status. Our formal review is based on the observations of the behind-the-wheel trainer. Behind-the-wheel trainers spend more time with potential employees than any other person in the company. Thus we have given the trainer authority to make a “donot-hire” recommendation.

Refresher Training
Every service driver is evaluated by a behind-the-wheel trainer or training supervisor at least twice a year and undergoes retraining if appropriate. Retraining is also scheduled for any driver involved in a preventable accident or incident. There are monthly scheduled safety awareness classes to continually refresh and renew the skills necessary to be an effective, safe and courteous driver. Because we have created an atmosphere where the road operations and training functions work closely together, these safety classes are very productive. The sessions address issues that are particular to the service the drivers are on.

In the initial training as well as in the recurring sessions, drivers always have the opportunity to ask questions, and clarify issues. The most important part of training is not to follow a checklist, but to make certain that the participants in the training are

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 35
actually learning and incorporating the materials presented. Our training department does not pass on people who will not be effective team members.

Evaluation
In addition to our general observations and ride-alongs with drivers, we have developed a unique approach to driver evaluations, which allows us to measure the performance of the driver in several key categories. Our evaluation procedure involves a performance appraisal directed specifically at the assessment of those skills required by a demand responsive driver. The evaluation will be the basis for promotion and salary reviews as well as for driver improvement needs.

Mechanic Training
The Southland Transit, Inc. Safety Training Policy includes standards for the initial training of maintenance personnel. We require that maintenance personnel who operate a vehicle on a public roadway must have a license applicable to the vehicle operated.

Additionally all maintenance personnel undergo a minimum of 20 hours of original driver training including company orientation and policy, defensive driving, hazardous material handling, dealing with blood borne pathogens, sexual harassment, body mechanics, emergency procedures and drug and alcohol policy requirements.

Southland recognizes the growing complexities of servicing transit fleets. Today’s vehicles include computer systems and advanced cutting-edge engine technologies. In such an environment it is a challenge to keep the maintenance staff current with the industry changes. As quality maintenance is an essential element of service quality we are committed to the continual training and upgrading of our maintenance employees’ skills.

We use multiple sources for mechanic training including the courses and resources offered by the manufacturers, vendors, as well as the National Institute for Automotive Service Excellence (ASE), the Service Technicians Society, and the Transportation Safety Institute. We have established significant financial incentives for technicians to attain ASE certification. We identify training sources and work with the maintenance staff to arrange their schedule to attend training or study for certifications they need to further enhance their maintenance skills. After a member of staff develops a new expertise through training, s/he is asked then to share that information and expertise with the other employees.

Road Supervisor Training
At Southland we also qualify and train road supervisors to be behind-the-wheel trainers.

The purpose of this double training and use is twofold. First it is our belief that it is impossible to function effectively as a road supervisor without a thorough knowledge of the driver’s duties and responsibilities. Secondly it increases the accountability of

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 36
training. In many companies trainers are simply asked to produce drivers and the shortcomings of those trainees after graduation is really not the trainer’s problem. When a road supervisor is involved in the assessment of trainees by overseeing the behindthe-wheel training, the supervisor is less likely to pass a minimally qualified trainee to driver. Any problems seen in training are problems the road supervisor will have to oversee in daily service.

Dispatch and Customer Service Training
We are very aware of the multi-cultural atmosphere of California. Of our current Southern California customer over half of the representatives are bilingual in English/Spanish. The diversity of California, however, involves many languages beyond Spanish, thus our customer service representatives also have available to them the use of the Language Line. This service allows translation and full communication with people speaking over 200 different languages, by use of translators who are only a single call away at any time of the day or night.

Our training efforts include making the representative feel part of the overall transit operation, so we emphasize knowledge of how their job interacts with and affects the overall delivery of service. A handbook, training videos, training with experienced customer service representatives, and on-going team support reinforces the customer service skills. The handbook, which is maintained at each workstation, includes basic Customer Service techniques, guidance on dealing with callers who have disabilities, and handling of incidents.

Our training of Customer Service personnel includes the following components:
 How to answer calls in a professional and expeditious manner, including how to handle the irate caller, the indecisive caller, and the talkative caller.  Operation of the computer program and what information must be entered. We have very experienced Trapeze users in the company who have trained many new users. Each new hire begins as a customer service representative, as soon as their skills progress each is trained to handle the dispatch board, including the computer and its MDC connections or the radio. This cross training allows us the greatest flexibility in assigning employees to insure coverage for our customers.  Familiarization with the geographic maps covered by the service. This knowledge is absolutely essential for the system’s overall success and efficiency. Initial training is further reinforced by the availability of a map of the service area in the office.
 The requirements of the service policies and procedures including fare structure, no charge trips, reservation and scheduling procedures, no show policies, the

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 37
status of escorts, notification requirements for changed trips, and cancellation policies.
 Sensitivity in fielding the calls of elderly and disabled riders is an important part of training. We have developed training materials that include ADA requirements, appropriate language, and informing the customer service representatives about such issues as vehicle specifications, and wheelchair availability. It also addresses some of the more complicated issues such as the definition of and how to deal with the service animals that sometimes accompany a disabled rider.  In addition to the sensitivity training described above, particular emphasis is given to phone interactions. The videos address the common interactions a call taker will have with customers with emphasis on the difference between being helpful and being defensive or curt. Our handbook also looks at such issues as communicating over the phone when the caller has a cognitive disability. Visual cues and physical gestures can be of great assistance in communicating with the cognitively disabled, and phone interaction removes those visual cues. Thus it becomes even more essential for the call taker to be aware of the issues and problems that can occur, and particularly the methods to overcome them.  Training in the use of the TDD in order to facilitate communication with the riders who have hearing impairments. In addition they are trained in the use of the available Language Line, which allows full communication with riders speaking any number of different languages.
 Accident and incident procedures are a part of all Customer Service training.

Forms are kept at every workstation. Detailed step-by-step procedures are outlined in the Customer Service guide.
 We inform Customer Service staff of service changes as they occur. When policies are changed, or procedures must be reassessed for determination of their effectiveness, meetings are scheduled so that every member of the team is aware of the change.

LABOR RESOURCES
Our experience while operating this service for nearly two decades, combined with a drastically changing economy, has made it clear that a significant increase in wages are necessary to ensure a successful operation.

For that reason, wages are a major focus of our proposal. As you will find in the table below, we have made a substantial commitment to improving wages across the board, but with emphasis on our front line operations positions, including specifically drivers.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 38
We believe this is necessary to attract and retain a sufficient number of qualified people to do the job as we plan, and in compliance with the City’s requirements.

POSITION FTE
Ave
Hourly
Rate
DUTIES
Senior Project Manager 0.15 OVHD
Supervises and supports project staff to ensure
work that activities are aligned with client
expectations. Directly responsive to City's
Transportation Manager.

Project Manager (FR
Ops) 1.00 $34.38
Oversees daily operation of Fixed Route service
and ensures that service meets KPI's. Functions as
primary management representative to City staff
for daily inquiries and requests.

Asst. Manager (DAR
Ops) 1.00 $28.84 Oversees daily operation of paratransit/Dial-ARide service and ensures that service meets KPI's Safety/Training
Coordinator 0.20 $28.84 Oversees delivery of all operations safety and training programs Maintenance
Coordinator 0.20 $35.00 Oversees maintenance program to ensure vehicles are safe and in good repair Reporting Clerk 0.50 $17.50 Reviews and certifies trip data to ensure accurate reporting for system
Payroll/Benefits Clerk 0.50 $17.50 Enters payroll, distributes/collects benefit forms BTW Trainer 0.25 $19.00 Provides behind-the-wheel training to new operators
Road Supervisor 0.50 $19.00 Supports and supervises operators in field Dispatcher 1.78 $17.50 Communicates with drivers and provides route and other updates via radio and MDT
Reservations 1.78 $16.50 Takes telephone reservations and provides customer service
Bus/Van Operator 14.92 $18.25
Operates vehicles according to route and
timetable, provides front line customer service
and assists passengers as required
Vehicle Technicians 1.75 $32.00 Performs vehicle repairs and preventive maintenance
Utility/Service 0.95 $16.00 Performs vehicle cleaning, washing and sanitation

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 39

STAFFING & RETENTION
Employee retention is a major issue for effective transit operation. Operators have to be able to navigate, and experienced operators that know where they are going are very valuable. For the sake of service safety, quality, and productivity, we make a major commitment to keeping every operator who is good at this line of work. This is an area where Southland focuses its attention.

Benefit Programs
Our benefit program is highly competitive, and often superior, to that provided by other firms in our industry. Our package of employee benefits has proven to appeal to employees. In major part this is because we designed the benefit package to appeal to drivers. The plan is the same for all hourly employees. Eligibility to earn time off begins the first day of full time regular employment, which excludes training. A full time employee is defined as one who is regularly scheduled to work 35 hours a week. We also work hard to make certain that anyone who wants a full-time schedule is offered one, as we believe that full-time employees constitute a more stable and committed workforce. Our package includes the following:

Health Insurance
Employees are eligible to enroll in the health plan at the first of the month following 90 days regular employment (regular excludes initial training time) for employees scheduled to work 35 hours or more in a week. As a company we are committed to finding full time employment for every employee who wishes to work a full schedule, thus allowing the employees to participate in these benefits .
 With increasing costs we work to negotiate multiple coverage options for our employees. This allows the employee to choose among four levels of health care so each can choose coverage and cost that most clearly meets each employee's individual needs. To further reduce the cost we have a 125 plan that allows for the employee to pay for their portion of any benefit cost with pretax dollars.
 The company pays a significant portion of the cost of the employee’s coverage, and the employee may add dependent coverage at their own cost. We believe that the program and the relatively short period for eligibility give us a clear advantage in competing for operator talent.

Dental/Vision Insurance
Employees can purchase dental/vision coverage at inexpensive group rates. The employee may also pay for this benefit with pretax earnings under the '125 plan.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 40
Paid Time Off
Hourly non-exempt employees, who are regularly scheduled to work 35 or more hours a week, earn Paid Time-off (PTO) in amounts tied to the amount of time they are regularly scheduled to work. Paid personal leave can be used for any purpose and can, with prior approval be used by the employee as soon as it is earned. Our policy of starting the accrual immediately and allowing its use as soon as it is earned is a statement to the employees that the company honors and respects their contribution immediately.

Additionally our combination of traditional vacation and sick coverage encourages good attendance, as time used for illness cannot then be used for “vacation.” Conversely it is well received by employees because they never “lose” their sick time as personal time off accrual is paid at termination in accordance with state law.

Paid Holidays
Southland pays for six holidays a year. Regularly scheduled operators scheduled to drive on one of these holidays and who do not work because the system on which they work is closed receive holiday pay for the hours of work they miss in regards to the specific holiday. When an operator is assigned to a system that does not close for one of our recognized holidays, and the operator works that holiday, the equivalent hours are dropped into their Paid Time Off account.
401(k)
Southland has a 401 (k) plan for employees who have been with the company a year or more. Employees can defer pretax earnings into the plan as retirement saving.

Additionally, we have provided that employees may defer safety incentive payments into the plan, which has proven popular for operators who do not feel comfortable deferring a portion of their paycheck into the plan.

Bereavement Leave
Southland offers 2 days paid bereavement leave for identified relatives.

Paid Jury Duty Service Leave
Southland offers paid jury duty service for up to 5 days.

Sign-on/Retention Bonus
Economic circumstances have shifted drastically since the onset of the pandemic, which has resulted in a substantial reduction in available workers. The entire public transportation industry has seen an unexpected inflation in wage growth and labor shortages, especially among drivers, coming out of the pandemic. These changes are endemic to our industry and have made it necessary for nearly all agencies to drastically increase wage rates, in order to maintain a sufficient workforce.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 41
While we have already taken steps to increase wages offered to drivers, we firmly believe that additional incentives need to be in place while these circumstances continue. For that reason we will continue to offer drivers a sign-on bonus of five hundred dollars ($500), which is payable upon completion of training. We will further incentivize drivers to remain with us by offering an additional five hundred dollars ($500) upon completion of probation. These incentives will remain in place until driver turnover becomes stable, which will be determined us maintaining enough scheduled drivers to cover all services according to our bid roster.

Referral Bonus
We recognize that our employees can serve as a great source for recruiting outreach and have developed a referral bonus program to incentivize them to spread the word concerning our openings. As a result, employees will receive a five hundred ($500) referral bonus for each driver candidate who specifically identifies them as their referral on and at the time of their application. This referral will be paid once the new driver completes probation.

COMPLIANCE WITH LABOR CODE 1070
If awarded, STI is committed to retaining all current employees at the project as described in CA Labor Code 1070-1074.

DBE SUBCONTRACTORS
Southland Transit has made a large commitment to support the DBE and Small Business community. We work with numerous DBE partners on several subcontracts, two of whom have already demonstrated a proven success record in providing needed services under this project. Accordingly, our proposal meets the established contract goal by committing 3.6% of our proposed revenue to the following DBE partners:

1. Trans-Global Services, Inc. (TGS) will continue to provide janitorial and bus cleaning services. In addition, TGS will provide fully qualified service personnel perform pull in duties, as well as park buses within the facility. Southland has selected TGS as a Protégé under its Metro contract and added these responsibilities as part of that mentoring plan.

TGS has been in business since 2010 providing auxiliary support services such as janitorial, vehicle washing and cleaning, carpet and upholstery cleaning, and other miscellaneous services to various transportation providers and agencies.

Below are listed some of the agencies TGS has provided services for:

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 42
 California Transit, Inc. (Access Services)) providing janitorial and vehicle washing since 2011
 San Gabriel Transit, Inc. (Access Services) providing vehicle washing and cleaning since 2012
 Southland Transit, Inc. (L.A. County and cities) providing vehicle cleaning service since 2012
 Metro Division 95 – providing vehicle cleaning, waxing, detailing, fumigation and janitorial services.

TGS has also been contracted to provide enhanced vehicle sanitization services for all of the above entities for the duration of the ongoing pandemic, utilizing EPA-approved chemicals to thoroughly disinfect all vehicles and structures on a daily basis.

TGS is the current subcontractor performing bus cleaning and janitorial services for Metro Division 95, and has been doing so since July 1, 2017. TGS has displayed a high level of expertise and competence as shown by the consistently high scores received during Metro’s monthly cleanliness inspections. TGS has capable management in place to ensure that we always have the manpower, equipment, and supplies needed to meet or exceed expectations.

2. JCM & Associates will continue to supply Southland with operator, dispatcher and supervisor uniforms. JCM is an apparel distributor in Southern California that has supplied uniforms and corporate apparel to companies nationwide for over 33 years. Their mission is to provide high quality apparel, at competitive prices, and provide excellent customer service. JCM also embroiders logos of apparel in-house and offers a complete line of safety apparel, reflective apparel, and accessories. They have built their business on relationship and reputation.

As a result, many of their customers have been with them for decades. They have been certified as a DBE in 37 states and currently supplies our uniforms through Metro’s DBE program.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 43
III. MAINTENANCE PROGRAM/STRATEGY

VEHICLE MAINTENANCE PROGRAM
Maintenance excellence is a major commitment for Southland Transit, Inc. We have developed an outstanding reputation among clients for developing and maintaining standards that guarantee our maintenance quality is of the highest level. Our record with clients who subject vehicles to third party inspections is superior. We provide consistent quality maintenance that protects the riders and ensures quality on-time service.

Southland Transit provides a comprehensive maintenance plan, which is outlined below.

Parts/Fluids Specifications and Requirements
At a minimum a 30-day supply of all-preventive maintenance required materials and parts, filters, fluids, etc. is kept in kits to enable better inventory and quality control.

Brake lining, drums, hubs, seals and other related parts are stored in sufficient quantities to ensure that at least one complete kit for each vehicle type is in stock at all times.

An adequate stock of engine, transmission, cooling system, wheelchair, air-conditioning, heating, suspension, glass and seat parts are stocked based on local availability and order lead times. Small items such as light bulbs, clamps, and hardware are obtained through a supplier.

Blanket purchase orders are established with all oil and chemical companies, major parts and component supply companies, as well as local parts houses to ensure that we receive materials on a timely basis. Reorder lists are established based on usage, part availability and lead times. The maintenance manager is responsible for maintaining the inventory system and ordering materials.

Revenue Vehicle Service Condition
Southland Transit uses a Driver Daily Vehicle Inspection Report (DVIR) to manage service vehicle condition. Each operator fills out the DVIR on every shift they work. This form is subject to a very specific handling requirement by the California Highway Patrol (CHP). One copy of the form must be maintained by the maintenance office to provide verification that an inspection is completed every day and that relief operators complete a mini-inspection at the time they take over responsibility for the vehicle. If defects are noted, the second copy of the form is used by the maintenance staff for evaluation and/or correction of the defect. The Highway Patrol expects any corrective repairs to be documented by a repair order or repair ticket contained in the vehicle file. If defects are noted, the third copy of the form is retained in the vehicle so that the next operator is

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 44
aware of any defects that have been found. This is a federal DOT requirement. Once the repair is made the maintenance staff will make a note on the bus copy of the DVIR so that the operator knows the defect has been resolved. Together with the "A" inspection the DVIR comprises the foundation of the maintenance program described on the following pages.

Revenue Vehicle Damage
All major exterior or interior damage as a result of accidents, road conditions, vandalism or graffiti results in immediate removal of the vehicle from service. Repairs are completed prior to the vehicle returning to service and at the expense of company. A detailed inspection of the vehicle is conducted after repair to ensure that repairs have been properly performed and that no other physical or mechanical damage exists. Minor body damage is reported to maintenance through the operator's DVIRs and the fueler/washers' daily reports. The repair of all minor damage is scheduled for completion within the same week it is reported. Graffiti is removed immediately. An outside contractor will perform all major accident damage, body repair and painting. Selection of vendors for body repair and painting is subject to the approval of our client in the case of client owned vehicles.

Maintenance excellence is a major commitment for Southland Transit, Inc. We have developed an outstanding reputation among clients for developing and maintaining standards that guarantee our maintenance quality is of the highest level. Our record with clients who subject vehicles to third party inspections is superior. We will provide consistent quality maintenance that will protect the riders of the service. Our program exceeds many of the requirements set forth in the RFP.

Driver Daily Vehicle Condition Inspection (Daily Pre-Trip) Prior to putting a vehicle into service the driver is required to perform a detailed pre-trip inspection of their assigned vehicle. Any defects or concerns are noted on the Daily Vehicle Inspection Report (DVIR). The DVIR is a three-part form; the original is forwarded to the terminal office and filed by vehicle number; the second copy is forwarded to the lead mechanic for maintenance review/scheduling; and the final copy is retained in the vehicle until responded to in accordance with USDOT regulations.

Repairs are prioritized to ensure that all safety related defects are repaired before the vehicle is allowed to return to service. All non-safety related defects are scheduled for repairs in accordance with the priority assigned to the repair. In no circumstance is a vehicle returned to service after an A inspection with any outstanding defects. As part of this pre-trip inspection each driver cycles the wheelchair lift on his or her vehicle, if the vehicle has a lift, prior to the start of revenue service. In demand responsive services no vehicle is allowed in service with an inoperative lift. Drivers are thoroughly trained in pre-trip inspection requirements and are not allowed in revenue service until they can demonstrate full proficiency in conducting the appropriate inspection for the type or types of vehicles they will be called upon to operate.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 45
Maintenance Personnel
As quality maintenance is an essential element of service quality we are committed to the continual training and
upgrading of our maintenance employees’ skills. We use
multiple sources for mechanic training including the courses and resources offered by the manufacturers, vendors, as well as the National Institute for Automotive Service Excellence (ASE), the Service Technicians Society, and the Transportation Safety Institute. We have established financial incentives for technicians to attain ASE certification.

We identify training sources and work with the maintenance staff to arrange their schedule to attend training or study for certifications they need to further enhance their maintenance skills. After a member of our staff develops a new expertise through training, they are asked then to share that information and expertise with our other employees.

Our maintenance personnel have thorough knowledge of:
 Engines, transmissions, and related mechanical equipment.  Methods and procedures used in servicing mechanical equipment.  Vehicle chassis and bodies.
 Tools, precision, instruments, equipment, and procedures used in general repair and maintenance of vehicle equipment.
 Decimals, fractions, and specifications related to vehicle mechanics.  Specialized areas such as painting, upholstering, brakes, air conditioning, wheelchair lifts, fare boxes, and electronics.

In addition, our maintenance personnel have the following skills:
• Conduct preventive maintenance inspections and complete associated paperwork.
• Inspect vehicle engines, transmissions, and other mechanical, electric, and electric parts and components.
• Diagnose vehicle engine, transmission, electrical and electric component system problems.
• Repair vehicle engines, transmissions, and other mechanical, electric, and electronic parts and components.

Fuel Records
All expenses, gallons, and other pertinent fuel information is maintained and compiled monthly. These records are available for City viewing at any time.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 46
Where fuel is purchased directly by Southland the company will be responsible for obtaining state and federal tax exemptions applicable to the purchase and consumption of fuel for this contract.

Warranty Work
Southland Transit’s Director of Maintenance, Wayne Seale, has handled the warranty administration for our company and, if approved, on behalf of our clients. He has managed a number of major warranty efforts in his career, including an extensive campaign dealing with transmission and transaxle. We have found that the key to a successful warranty program is learning the specific criteria employed by each vehicle manufacturer and managing maintenance to the established criteria. Both our tracking systems and our experience will facilitate excellent performance in this area. Southland Transit will coordinate all warranty and maintenance issues with the manufacturer.

Applicable Vehicle Codes and Regulations
All vehicles utilized in this service are maintained in a safe condition for transportation of the public and meet all the requirements in the California Vehicle Code for passenger transportation vehicles. All replacement parts used to repair and maintain the vehicles conform to the California Vehicle Safety Standards and the California Administrative Code, Title 13.

Due to our long history of providing public transportation service our maintenance staff is specially trained to meet the requirements of the CHP Motor Carrier Safety Regulations and are subject to annual vehicle and terminal inspections.

Revenue Vehicle Appearance, Cleaning, and Servicing
Appearance and condition are paramount to operating an efficient and comfortable transportation system. Our program ensures the fleet is clean, well maintained and presentable to our customers and to the employees who use these vehicles to provide service to our customers. At the end of each service day, vehicles are fueled. The utility workers ensure that all fluids are checked and topped-off, tire condition and air pressure checked, and the overall condition of the interior and exterior inspected, with special attention being given to seat damage, graffiti, or other vandalism that may have taken place since the start of the day. Wheelchair lifts, fare boxes, and lights and flashers are checked. After the fluid and visual inspection is completed the utility worker will record the mileage, amount of fuel, oil and other fluids dispensed; sweep or mop the interior of the vehicle as necessary; clean the windows, seats, and operators' area; and remove any graffiti.

The vehicle interiors are swept, vacuumed, dusted or mopped daily to remove all dirt and debris. To the maximum practical extent possible, vehicle interiors are free of litter and debris throughout the day. All foreign matter such as gum, grease, dirt and graffiti are removed from the interior surfaces on a daily basis. Any damage to seat upholstery

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 47
is repaired immediately upon discovery. Ceilings and walls shall be thoroughly cleansed at least once per month, or more often if necessary.

Each weekend the interior of vehicles are checked and repaired and the replacement of window inserts, seat inserts, seat upholstery, graffiti, window glass and schedule holders are undertaken as needed.

The vehicle exterior is washed twice a week or more often as needed. Once a week the vehicle is subject to more extensive cleaning; at a minimum this cleaning includes ceiling panels, handrails, side panels, seat frames, wheel wells, operator area, modesty panels, door and step areas, destination sign glass, windows, floors, and AC grills.

When completed, the vehicle is parked in its assigned place and properly secured.

Daily Vehicle Inspection and Servicing
As mentioned previously, prior to putting a vehicle into service the operator is required to perform a detailed pre-trip inspection of their assigned vehicle. If any defects or concerns are noted on the Daily Vehicle Inspection Report (DVIR) a copy is forwarded to the Lead Mechanic, who then opens a work order and schedules the repairs. Repairs are prioritized to ensure that all safety related defects are completed before the vehicle goes into service. All defects reported by operators are addressed within 24 hours of being reported. All safety related defects are repaired before the vehicle is again placed into service. Each operator cycles all lifts on their vehicle prior to the start of revenue service. Except in emergency situations, a vehicle is not allowed in service with an inoperative wheelchair lift. In addition to wheelchair lifts being checked, brakes are checked, as well as lights and flashers. Operators are thoroughly trained in pre-trip inspection requirements and are not allowed in revenue service until they can demonstrate full proficiency in conducting the appropriate inspection for the type or types of vehicles they will be called upon to operate. The effective performance of these inspections is a major item of emphasis for our service monitors. Operators are also expected to leave their vehicle broom clean at the end of the day. DVIRs are available for the City and CHP to review at any time.

Wheelchair Lifts and Ramps
During each Preventive Maintenance Inspection a thorough check of the wheelchair and lift equipment is undertaken. Wheelchair lifts are tested with a minimum of 500 pounds deadweight and 750 pounds maximum weight to ensure compliance with the ADA requirements. On an annual basis a detailed inspection is done of every lift component to ensure that wear is within acceptable standards. This inspection is done with all shields and panels removed so that every element of the system can be seen and evaluated. Particular attention is paid to wear at pivot/swivel points, integrity of barrier mechanisms, fluid leakage, wiring integrity, and general structural integrity.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 48
Preventive Maintenance Program
Our preventive maintenance program consists of the following service and inspection elements:

Inspection/Service Description Frequency
Diver Daily Vehicle Condition Inspection Daily by each driver Vehicle Cleaning and Washing 1x/wk. min & as needed
Periodic Vehicle Detailing Service Per Contract or Annually Preventive Maintenance Service – A 30 Days/3,000 Miles
Preventive Maintenance Service – Brakes Customized to Duty Cycle Preventive Maintenance Service – Engine Per Manufacturer Specs Preventive Maintenance Service – Transmission 12,000 Miles Preventive Maintenance Service – Cooling System Annually Plus Testing Preventive Maintenance Service – Electrical System Annually Plus Testing Preventive Maintenance Service – AC Systems Annually
Preventive Maintenance Service – Wheelchair Lifts Annually Steam Cleaning As Required
Emission Control Compliance As required by law
Preventive Maintenance Inspection – A
Vehicles are inspected every 20 to 21 working days or, for higher mileage vehicles, 200- 250 miles in advance of the 3,000-mile mark. This schedule will result in a service interval that always exceeds that which is required in the specifications. We have found that our shops are better able to adapt to a schedule based on shop working days than on calendar days. This aggressive schedule exceeds all regulatory requirements and allows us to move more repairs into the preventive and predictive categories. The inspections use the vehicle manufacturers and component manufacturer’s recommended severe service cycles as well as all seasonal or campaign work that may be required. The vehicle repair history is reviewed and any scheduled predictive maintenance items or open defects are repaired at this time.

Tire maintenance is also accomplished at the A inspection including proper inflation, notation of any irregular wear pattern which might indicate necessary balance or alignment, immediate replacement of any tire which will, in the judgment of the technician, exceed authorized wear tolerance prior to the next scheduled inspection.

Tires are not allowed to be operated if they exceed more than 3/32 inch tread depth.

Tire rotation is accomplished at every other "A" inspection.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 49
Preventive Maintenance Inspection - Brakes
At the time that we take over a fleet of vehicles on a new contract a thorough examination of the vehicle history is made to develop a specific brake maintenance interval targeted to the duty cycle and repair experience. These intervals are evaluated on a continual basis and supplemented by careful inspection of brake condition on each “A” inspection. If the “A” inspection shows a need for earlier brake maintenance the inspection will be conducted either immediately or at another interval, which will allow us to effectively address the condition.

Careful measurements are taken and recorded at each brake inspection so that a wear profile can be developed for each type of vehicle in the fleet. This wear profile is then used to refine the preventive maintenance scheduling. The brake inspection incorporates a step where the foreman reviews the brake work just prior to reinstallation of the wheels and/or drums.

Preventive Maintenance Inspection - Engine
Engine technology has evolved to the point where no single policy can address all of the requirements for engine services. We develop a specific program, based on manufacturer’s severe service recommendations, for each facility, which addresses the engine models in the fleet. This program includes written forms providing effective direction for the technician in accomplishing the service.

Preventive Maintenance Inspection - Transmission
Transmissions are maintained in accordance with the individual manufacturer’s severe service recommendations and in all cases will include filter and fluid changes at the 12,000-mile interval required in the specifications. This aggressive schedule, combined with regular fluid analysis, will ensure optimal transmission life and minimize service interruptions for transmission failures.

Preventive Maintenance Inspection – Cooling System
Cooling system maintenance has become an important step for ensuring that the maximum life is obtained from engines. On an annual basis each cooling system will be tested to ensure that appropriate concentrations of cooling system additives are maintained to optimize engine life.

Preventive Maintenance Inspection – Electrical System
Accessible transit service is hard on electrical systems, due in great part to the frequent cycling of wheelchair lift equipment. On an annual basis each electrical system will be thoroughly tested to ensure optimal performance. This inspection will include a battery load test to disclose the need for replacement of any weakening batteries while also

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 50
comprehensively testing the charging system to ensure the battery will not fail due to system malfunction.

Preventive Maintenance Inspection – Air Conditioning System Air conditioning systems are maintained in specific conformity to each manufacturer’s requirements. Southland treats every vehicle with any portion of the Air Conditioning system inoperative as a “down bus” thus requiring repair before the vehicle is returned to service. We ensure that every one of our night shift mechanics have the full capability to diagnose and repair air conditioning systems. All repairs and maintenance functions are performed by certified mechanics in strict conformity to current environmental standards for air conditioning service. Monthly reporting on the Preventive Maintenance Monthly Form documents all air conditioning preventive maintenance. The single most important step in effective air conditioning system maintenance is insuring, at each "A" inspection that the condensers are cleaned out so as to insure effective airflow from the condenser fan. Annually, during the month of March and in this case upon taking over the vehicles, a specific campaign will be undertaken to ensure that each air conditioning system is adequately prepared to provide effective service throughout the season when air conditioning performance will be maximized. This inspection will include, state of charge, condition of compressors and compressor drive systems, and condition of the condenser.

Preventive Maintenance Inspection – Wheelchair Lift Equipment During each Preventive Maintenance Inspection a thorough check of the wheelchair lift equipment is inspected. Wheelchair lifts are tested with a minimum of 500 pounds deadweight and 750 pounds maximum weight to ensure compliance with ADA requirements. On an annual basis a detailed inspection is done of every lift component to ensure that wear is within acceptable standards. This inspection is done with all shields and panels removed so that every element of the system can be seen and evaluated. Particular attention is paid to wear at pivot/swivel points, integrity of barrier mechanisms, fluid leakage, wiring integrity, and general structural integrity.

Preventive Maintenance Service – Steam Cleaning
Each vehicle’s engine compartment and undercarriage will be subject to steam cleaning at least once a year, and more often as necessitated as part of responding to a fluid leak. Any vehicle that is subject to a fluid leak repair is referred for steam cleaning prior to its return to service. Our Maintenance Directors are especially attuned to insuring that steam cleaning does not become a replacement for the repair of minor fluid leaks.

Service Vehicle Maintenance Record Keeping
Southland Transit has developed its own proprietary maintenance management system.

The system was built in Microsoft Access in consultation with Simetra Systems, our long time data management and reporting system partner. Unlike many off the shelf

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 51
programs this system was designed specifically for passenger transportation vehicle maintenance and maintenance management. Our system features all of the following capabilities:
 Preventive maintenance scheduling for four separate
 Fuel consumption tracking (also provides mileage inputs for PM scheduling).  Repair order management with techs entering their repairs directly in system.
 Storage of frequently used repair operations to minimize input.  Storage of parts data to minimize inventory management data input.  Vehicle inventory management.
 Road-call reporting.
 Complete vehicle maintenance cost reporting.
 Maintenance schedule compliance reporting.
 Tracking of warranty repairs.

Vehicle Maintenance and Accident Reporting
Southland Transit maintains an individual file for each vehicle that documents, by date of action, all preventative maintenance functions including warranty work and any other pertinent maintenance data, including but not limited to fuel, lubricants and other fluid use. Maintenance work shall be performed as specified in this Agreement.

Records are kept in the individual vehicle file of any accident in which the vehicle has been involved, including the repair work required to return the vehicle to service.

All accidents that involve passenger injuries or vehicle damage which are expected to exceed $500 will be reported to the City within one (1) hour of occurrence of the accident. All other accidents and or incidents will be reported to the City within twenty four (24) hours. In the event of any accident, Southland Transit’s personnel are trained to comply with all applicable State laws, rules and regulations.

Southland Transit’s computerized maintenance management system maintains detailed maintenance records. Reports can be generated in a form that will be acceptable to the City. Our reporting system currently meets all requirements of the California Highway Patrol. Records and reports shall include, but not be limited to, the following:
 Daily vehicle inspection and servicing checklists;
 Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed;
 Road call reports, or work orders, for each road call identifying date and time, vehicle number, problem and mileage of vehicle;
 Monthly summary listing by vehicle: mileage, miles since last preventative maintenance inspection and road calls.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 52
IV. OPERATIONS PLAN

UNDERSTANDING EXPECTATIONS
As the current operator of City’s contracted transportation services, Southland Transit is highly familiar with the City’s service requirements. We have carefully reviewed the RFP, Scope of Work and Draft Agreement and thoroughly understand that:
 Southland Transit will be responsible for operations and dispatch functions, including real-time dispatching and GPS tracking, administration, personnel management, vehicle maintenance and repair, operations data collection and reporting, federal, state and local regulatory compliance, and coordination and cooperation with City staff.
 Southland Transit will furnish a facility from which to park assigned vehicles, conduct maintenance, dispatching operations and employee training. Southland will also furnish proposed dispatch systems and telephony equipment, software and service accounts, and all employees necessary to successfully perform the work contemplated by this RFP, including drivers, service workers, mechanics, dispatchers, supervisor and administrative personnel. In addition, all drivers will be fully qualified and trained in a manner that meets with all requirements established by this RFP.
 Safety, on-time performance, reliability of vehicles, including wheelchair lifts, and overall service quality are key areas of focus for the City’s transportation services, and that we must provide service according to the standards established in the Scope of Work.
 Southland Transit’s assigned management staff will assist and cooperate with City staff, as well as attend special trainings necessary deemed necessary by City staff.
 Southland Transit will provide special and emergency transportation services as requested by the City from time to time.
 Southland Transit will be required to comply with annual NTD reporting requirements on behalf of the City.
 Southland Transit is immediately responsible for ensuring successful program operations.
 Southland Transit will provide all services in a manner that meets state and federal regulations concerning non-discrimination for its employees and El Monte transit patrons.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 53

WORK PLAN
Customer Service Center
Southland is highly accomplished at providing customer service/dispatching that combines paratransit reservations, paratransit schedule review and paratransit dispatching. In most of our operations this function also includes mailing of brochures and dial-a-ride applications to callers. We operate multiple Customer Service Centers.

Our EI Monte Call Center handles scheduling and service calls for paratransit service for the City of Pico Rivera, Baldwin Park, La Puente, Temple City and EI Monte, as well as for three LA County contracts and Access Services, Inc.

There is a second Customer Service Center in EI Monte that supports the 365-day service for Access Services, Inc. the Consolidated Transportation Services Agency (CTSA) for Eastern Region of Los Angeles County.

As a company we refer to our dispatch and reservationist operations as Customer Service. We believe that this reminds each employee that the purpose of his or her job is to provide the best service possible to the rider.

Service Productivity and OTP
We believe that our approach to scheduling will create a strong balance between minimizing wasteful operating hours and improving availability of service. For that reason we are extremely confident that we can meet and regularly exceed the required performance standards established for the City’s Dial-A-Ride service.

Telephone Service
The customer service center is fully staffed to enable personnel to receive phone calls, assign trips, and perform any other duties necessary to efficiently operate the Dial-ARide Program. Southland provides an appropriate number of telephone lines so that busy signals are minimized for callers requesting information. Southland Transit will have an appropriate number of call-takers on duty to answer telephone calls. Additional lines and call-takers will be added if necessary to meet performance goals.

Southland Transit’s main telephone number is answered from 5:00 AM to 10:00 PM for communication between our dispatch personnel, the Operations Manager, and the City staff. During non-business hours, Southland has an answering device with a recorded message advising the caller to call back during the regular transit service hours.

Telephone System
We operate a high functioning cloud VoIP telephone system from Nextiva. This phone system allows us to track the
performance of our phone reservations staff on each of our

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 54
contracts. Nextiva VoIP service includes all basic features such as three-way calling, call hold/park, voicemail to email, etc. Some major features of the system are:
 Hosted PBX (Private Branch Exchange)
⇒ Telephone system is hosted in the cloud
⇒ Redundant data centers
⇒ Phone system is accessible over the internet; no hardware in-house, except phones
⇒ Increased scalability
⇒ Low data usage: 100 kbps of upload speed per active phone call  Auto Attendant
⇒ Provide an instant automated greeting that lets callers choose the person or department they want to reach
⇒ Make getting to the right person the first time, quick and easy to do ⇒ Customized greetings specifically designed for each separate service  Advanced Call Management & Call Routing
⇒ Call distribution technology that allows us to establish a team of specialists for each separate service
⇒ Ability to direct inbound calls to any person or team in real-time given a set of rules
⇒ Manage Call Center Call Queues
⇒ Identification prompts for representatives so that we do not answer the phone using the name of another system
 Call Analytics
⇒ Tools that measures individual and aggregate data related to incoming and outgoing calls to evaluate phone performance on their contract service
⇒ Call tracking includes inbound call volume, call time, hold time, speed of answer, lost calls, and many more metrics
⇒ Real-time & historical call logs
⇒ Performance metrics
⇒ Create custom reports
⇒ Call Center Manager can monitor all service performance and report such data to the respective City
 Call Screening
⇒ Filters incoming calls for matching criteria to determine whether it is accepted or rejected
⇒ It's a powerful phone system feature to avoid unwanted calls from telemarketers, spam callers, and robocalls

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 55
⇒ Anonymous call rejection, private call rejection, and number blocking are all useful features that empower your team to screen calls effectively ⇒ Avoid unsolicited calls and focus on serving your customers  Call Recording
⇒ Securely record two-way audio of phone conversations in the cloud ⇒ Recordings are all stored in the cloud and accessible remotely  Call Queue
⇒ Call sequencer that holds calls in queue line so that each is answered in order
⇒ Callers hear on-hold music or announcements until the next available agent can answer their call
⇒ Calls won't be lost to voicemail and they will know their place in line or the estimated wait time
 Phone Presence
⇒ Monitor the phone status of employees or colleagues
⇒ Let anyone who's available answer incoming phone calls Each of the transit operations serviced out of the office has a separate and identifiable phone number. The City’s Dial-A-Ride will retain its local number for service. As calls come in, the phone system identifies which service the caller is attempting to access and routes the call to the appropriate team. The call will be answered by team members saying “Good Morning/Afternoon, El Monte Dial-A-Ride, this is [Name].” The team member will then book the trip requested by the caller on the phone.

Telephone Hold times
Our call center is equipped with a monitor, which is also accessible to our Managers, that shows the current wait time and number of calls in the queue for each project. We have found that this visible feedback motivates the staff to work hard to keep the phone performance where it belongs. It also tells the staff when to ask for help at busy times.

Our call center is fully staffed, giving us the ability to move resources quickly to ensure an adequate number of reservationists can answer calls for the City’s Dial-A-Ride program.

TDD and Language Line
Southland Transit maintains service and equipment to provide communications with hearing impairments. We also maintain an account with a company to provide Language Line Services. This ensures passengers who do not speak English will have their needs met and we are able to book trips very seamlessly for them.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 56
The average time for a passenger to speak with someone on the language line is three to five minutes.

Voice and Data Radios
Vehicles will be equipped with a two-way radio system sufficient for clear communications throughout the service area at all times, and between the service area and the operations/maintenance base of Southland Transit. The radio equipment is available for dispatching as well as emergency situations (such as accidents and mechanical breakdowns).

Southland Transit is able to immediately dispatch substitute buses and/or police, fire, or medical help in the case of an emergency.

SCHEDULING & DISPATCH SYSTEM
We are proposing a transition to the 5M
dispatching system offered by TSS Paratransit,
in order to achieve the desired enhancements
outlined in the RFP; including real-time vehicle tracking, online reservations, mobile apps and the possibility to integrate data with other agency ITMS and ATMS technology. The 5M system is presently used by several paratransit operators in Los Angeles who collectively provide roughly 9,000 passenger trips per day. 5M software provides many advantages, especially improvement of the reservations process and the delivery of highly productive, on-time service.

Reservations
5M’s trip-matching and demand-balancing algorithm provides customers — at the time of booking — a choice of confirmed pick-up times without reservation agents or customers having to pre-schedule trips into runs. And if there are no matches, 5M provides a choice of times that will help balance out the demand profile peaks and valleys. Moreover, 5M provides the confirmed pick-up times in less than a second.

This means shorter call times and hold times, more shared rides and more productive service. And once confirmed pick-up times are selected, they are honored throughout the scheduling process, which enhances the customer experience. In addition, all changes to booked trips and service data are fully trackable.

Scheduling
Unlike any other system, 5M’s innovative scheduling algorithm predicts travel speeds based on day, time and direction. In short, 5M is continuously learning with each new day of travel. No need for guessing or tinkering with speeds. 5M’s scheduling algorithm also utilizes a unique incentive and penalty system that balances efficiency with service

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 57
quality in a way that’s tailored to your program, using service quality metrics not normally found in other systems. 5M’s scheduling algorithm also has available a premarking function that gives scheduling priority to certain types of trips, linking them with certain types of resources. 5M’s scheduling supports both zoned and unzoned service providers as well as trip exchanges between zoned providers. It generates full routes for dedicated vehicles and creates clusters for taxis and other non-dedicated service providers operating on the fly. And 5M’s batch scheduling is really fast (6,000 trips in 40 seconds) and very effective in producing highly productive runs, with the number of unassigned trips reduced to only a handful. All of this results in a reduced operational unit cost, potentially lower capital costs, and potentially reduced labor costs, as well as a more reliable service with greater on-time performance.

Dispatching
5M’s dispatching algorithm utilizes Google Maps to generate more accurate solutions and more accurate ETAs as it considers real-time traffic conditions. 5M’s dual-monitor dispatch workstation displays and prioritizes alerts, pending unassigned trips, and required actions forcing dispatchers to be more proactive, while also automatically providing solutions to the dispatchers. No-show requests and unassigned trips cannot be ignored. 5M provides all information required for dispatcher approval and tracks all information needed for customer disputes. 5M’s interactive system maps and tools make it easy for dispatchers to manage unassigned trips, pending events, and highpriority alerts. 5M improves the accuracy of ETAs by providing dispatchers with realtime vehicle location and traffic conditions, while in-vehicle tablets collect accurate service performance data.

Mobile Driver Assistant
5M’s Mobile Driver Assistant (MDA) provides drivers with step by step instructions as well as a vast array of driver reminders, proximity alerts and other functions designed to improve data accuracy. As each activity is completed, the MDA automatically switches to the next activity. The MDA reminds drivers to report arrivals and departures at stops, and if drivers are not at the correct location when reporting an arrival, the system will warn the driver of a proximity violation. This improves data accuracy and virtually eliminates the need for trip reconciliation. The MDAs provide real-time locations to IVR systems to enable configurable call-outs/texts when the ETA is 5 minutes or less.

Customers have loved the two callouts or texts, with one going to the rider, and the other to a family member, a friend, a caregiver, or staff at an agency or facility. Google Maps integration provides navigation and real-time traffic conditions, while safety controls and verbal commands prevent drivers from interacting with the tablet while the vehicle is moving. In addition, with trip schedules pre-loaded onto the MDA, drivers can continue performing trips in the event that communication with dispatchers is temporarily lost.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 58
Operations Monitoring
5M’s Operations Monitoring Console (OMC) allows transit agency staff, as well as service provider managers and supervisors to view live statistics for on-time performance, completed and pending trips, and current alerts. Real-time OTP data for the day’s service provides the percentage of on-time and late trips for any fleet or run(s) and breaks down the late trips by degree of lateness.

Customer Self-Servicing
5M provides customers with direct booking and ETA information from any mobile device or computer with internet access. 5M’s fully-accessible, 508-compliant Mobile Rider Assistant (MRA) software is state of the art, walking customers through the booking process with the same functionality as a reservation agent, only via very simplified screens. For example, this includes providing a choice of two confirmed pick-up times as part of the booking process (as described above in reservations). The MRA provides key information about each element of the trip, warns the customer about doublebookings and other conflicts, and allows customers to review and, if appropriate, change each element of the trip. ETA information, based on Google, is provided in a clear fashion, and shows the location of the vehicle to which a trip has been assigned.

Reporting and Analytics
5M provides all the reports necessary for assessing service performance and analyzing trends. 5M comes with a built-in data repository where all data is stored and from which data can easily be retrieved and organized via a query screen and 5M’s battery of reports and analytics. These reports provide all the essential data needed to analyze performance and pinpoint inefficiencies or on-time issues. 5M also distinguishes between valid and invalid no-shows and between no-shows and missed trips. Most reports can be run by provider, by fleet, by driver, by customer, and for any date range.

All reports are pre-built, easily configurable (via filters), sortable, graphable, and exportable to Excel. In addition, 5M’s Optimization Lab tool provides a safe test area for detailed analyses of any schedule and what-if planning. In the Optimization Lab, one can almost instantaneously determine how changes to run structure, new vehicle configurations, service mix or policies impact vehicles needed, service productivity metrics, unit costs, service quality metrics.

Billing and Auditing
5M gives service providers automated, electronic, paperless billing combined with a system of automated checks and balances. For transit agencies, 5M provides auditing features that catch double-billings and fare-collection inaccuracies, while offering 100 percent geo-validated reporting. Since 2002, our software has processed close to 1 billion dollars in transactions.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 59
Balancing Automation Scheduling with Customer Needs
Our goal in supervision of the Customer Service staff as it handles a specific service is training the staff regarding when to use and rely on the automation and when to intervene with manual dispatching. In a busy dial-a-ride service our experience has shown us that it may be necessary to make some of the specific interventions.

PROVIDING OPERATIONS
Passenger Disturbance & Driver On-Board Security
Our first objective is to minimize disturbances with effective driver training. We have a very specific training module regarding problem passengers that teaches drivers effective techniques for defusing potential passenger disturbances. We will also have strong support for our drivers from supervisors. Drivers always have the ability to have a supervisor at the bus within minutes to render assistance through use of the supervisor’s handheld radio.

Through direct communication with the supervisor it will be possible for drivers to access law enforcement directly when there is an incident that might jeopardize the safety of the driver or passengers.

Fleet Safety - Incident Based Surveillance System
Southland Transit equips all revenue
service vehicles with the Nauto driver
safety system. Using a simple AIpowered retrofit device, which combines dual-facing cameras,
computer vision and proprietary
algorithms, Nauto assesses and
understands how drivers interact with
the vehicle and the road ahead to
detect and coach high-risk driving
behaviors in real-time. This system
generates an email alert to Southland’s management team whenever an unsafe driving action occurs, providing a video clip of the incident. In addition, the system doubles as an on-board surveillance system, permitting review of activity on the bus and verifies GPS location, which aids management in the review of customer complaints.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 60
Responses to Vehicle Breakdowns
Any discussion of breakdown response should be prefaced with breakdown prevention.

We emphasize vehicle maintenance in every operation as the prime method by which to reduce breakdowns. We believe that we have established an outstanding level of reliability in our operations with breakdowns being a highly rare occurrence.

Of course breakdowns do happen and in those instances we respond on three tracks.

1. The first step is to get a mechanic on the radio with the driver. We often find that some simple issue is causing the vehicle problem and the driver can be instructed on how to get the bus back in service. An example of this is a wheelchair lift access door that is not fully latched, causing the vehicle interlock to render the vehicle inoperable; a simple re-latching of the door gets the vehicle back on the road.

2. The second step, and the most important, is getting another bus on the road and the vehicle back on schedule. We expect that, with the close proximity of the service area to the operations facility, we should be able to restore service within 15 minutes.

3. The third step is the dispatching of a mechanic to validate the condition of the bus and handle getting the bus off the street. In all cases a mechanic should be at the bus within 15 minutes. The mechanic timing will not affect the passengers since service will already have been recovered with a substitute bus.

Meal/Rest Periods
The State of California wage order for transportation workers is very clear that any driver working over six hours is to have a lunch period. Despite this clarity this is probably the most often ignored labor provision in our industry. Southland takes a different view; lunches and have always been handled in compliance with California labor standards, period. This is not only the legally required procedure, it also is safer and allows the driver time to “recharge their batteries” to insure that they can maintain a courteous attitude through the second half of the day.

On dial-a-ride service this means scheduling lunch breaks into the manifest at the correct time, and emphasizing to the dispatch staff the importance of respecting the scheduled lunch break. We have consistently enforced this rule for both the driver and the customer service staff so that any deviations are confined to emergency situations.

This process is made somewhat more manageable with the use of Trapeze, so that the lunch break can be included in the schedule and movement of that can be watched on the program by dispatch staff.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 61
Field Supervision
One of the main objectives with field supervisors is to provide support to our drivers on the road. We work at having the drivers perceive road supervisors as a support service that is available to the driver whenever a situation or problem might arise. This type of teamwork encourages communication and faster resolution of service problems than a system where a road supervisor’s main objective is to simply watch and grade the people they oversee.

We have made front line accountability the foundation of our service delivery. This is also a duty of the field supervisor, who insures that the drivers are ready and fully equipped to begin service at roll out. Drivers who will be absent are required to page the field supervisor so that planning can begin prior to sign-on time to insure the run is covered with a qualified cover driver, and allows for adequate time to get additional drivers to the facility in the case of multiple absences. We have long used this practice as an assurance that every driver coming on service meets with a supervisor who is trained to recognize whether the driver is ready and able to drive, which includes an assessment of drug and alcohol influence.

MEETING PERFORMANCE GOALS
It is often said that companies do well what they feel is important enough to measure.

Never were those words truer than in operating a complex paratransit system. We have developed a weekly tracking system comprised of several Key Performance Indicators (KPI’s). Each of our Project Managers has the direct responsibility for approving the information that is entered in to this system, thus ensuring they have their finger on the “operational” pulse of each project they oversee.

Productivity and On Time Performance
We believe that our approach to scheduling will create a strong balance between minimizing wasteful operating hours and improving availability of service. For that reason we are extremely confident that we can operate the City’s transit services at the highest possible productivity levels without sacrificing on time performance.

Complaint and Commendation Process
Southland Transit strives to avoid service problems. We are constantly monitoring our own performance in this pursuit. We believe that the rider must be satisfied and have developed procedures to ensure customers can provide feedback.

We have established a framework that has allows for all complaints and commendations to be received at all operating hours and documented. This report is immediately sent to the manager who contacts each employee involved in order to thoroughly investigate, or to otherwise provide feedback. Managers will also review video on board video in the case of complaints arising in revenue service. All findings

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 62
are shared with the employee and corrective action is taken, as appropriate. Our managers also contact callers to gather more details when needed and to follow up, if requested by the caller.

Employees receiving commendations are recognized for their good performance during monthly safety meetings.

Furthermore, Southland Transit managers are evaluated on their ability to foster an environment that effectively addresses passenger input and employee performance.

They are specifically tasked to be available and responsive to system riders to ensure problems are addressed quickly.

DATA COLLECTION AND REPORTING
All records and data prepared and maintained by Southland Transit pertaining to this project are the property of the City and are made available for inspection and copying at no additional charge.

Southland Transit will maintain all books, records and documents relating to work performed for the City on file for at least three (3) years following the date of final payment to Southland Transit.

All duly authorized representatives of the City will have access to such records for the purpose of inspection, audit and copying at reasonable times during Southland Transit’s usual and customary business hours.

Southland Transit will compile project operation records which will include, at minimum, data necessary to effectively report system performance, passenger complaints and compliments, vehicle maintenance and servicing, vehicle break-downs and service calls, passenger fares, telephone answering, and accidents and incidents. Additional relative data deemed necessary by the City will be reported as requested. Monthly summaries of project operation records will be submitted to the City in a form that is approved and will include prior month and year to date statistics.

Southland Transit prepares information concerning revenue service in the following manner:

Monthly Management Report
At the end of each month we will prepare a monthly report that summarizes the daily operations information collected during that month. This report is provided to the City within 10 calendars days following the close of the month being reported.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 63
Passenger Complaints and Compliments
Southland Transit documents operational problems and commendations received from passengers as are communicated. Copies of the contact form will be provided to the City with the Monthly Management Report.

Monthly Summaries
At the end of each month, Southland Transit prepares and completes a monthly Operator’s Report which summarizes the daily operations information collected during the month. The report will be forwarded to the City within ten (10) calendar days of the end of the reporting month.

Service Disruptions
Accidents or passenger incidents and action taken with issues related to safety or deemed as a serious operational deficiency to be reported by phone to the City no later than the next working day.

Trip Sheets
Southland Transit currently maintains daily trip sheets and an operations summary for each service day and a summary of each month. Operational data will be collected and compiled daily, weekly, monthly, quarterly, and annually, and reports can be provided according to the individual routs, modes and total system. In addition, individual totals will be provided for peak-hour services, Bus System Improvement Plan services, weekdays, and weekends. The operational data will continue to capture daily total passenger counts, revenue hours, total hours, revenue miles, total miles, fare box revenue, passenger type’s documentation of any discrepancies in the number of passengers carried and the amount of fares collected by the operator, passenger pickups and drop-off times and locations for the Dial-A-Ride/Taxi services.

Financial Records
Southland Transit has established and maintains separate accounts of all project expenditures and other relevant financial records. Southland will continue to collect, record, and report all accounting data for the City in accordance with the requirements set forth in the RFP.

Invoicing
All invoices and related records are subject to audit by the City or other transit related funding partners.

Accounts
All costs incurred for this project will be recorded in accounts separate from those used for other business activities and in conformance with the State of California, State

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 64
Controller's Chart of Accounts for Public Transit Operators. These accounts are available for inspection and/or independent audit at the City’s election.

National Transit Database (NTD)
As part of the annual NTD reporting requirements, Southland Transit has complied consistently with the FTA required on-board data sampling to compile statistically valid passenger mile data.

All Southland Project Managers annually attend the Metro’s NTD reporting workshop.

We consistently submit a draft NTD report on operated service to the City no later than one week prior to the submittal date required by Metro. Southland Transit has been the primary contact for NTD Audits.

Fare Collection and Passenger Counts
Southland Transit fully understands that all fares collected are to be retained by STI but credited to the City. Fare revenue collected is deducted from the total amount of revenue hours billed to the City. STI reports the total amount of fare revenue on the monthly reports.

All cash fares and any other form of payment collected by the driver are deposited in the locked fare box installed on each City vehicle. Drivers determine the correct fare for the passenger upon boarding and ensure that each passenger pays the appropriate fare prior to being provided service.

All fares are emptied form the fare box daily at the end of the service day. Total fares are reconciled with the reported number of passengers carried.

Southland Transit maintains a separate bank account for the fares collected, however, fares from our smaller projects are in the same account. We are very careful to make certain that the account reconciles with monthly passenger counts. Southland immediately investigates any discrepancies and provides a report to the City. If we cannot reasonably provide a satisfactory explanation for the discrepancy, we understand that Southland is liable for any variances. Free fares, which are the result of late pick up time are considered a variance, and will be noted as such on the invoice for that month.

Southland will ensure that all vehicle drivers are aware of and adhere to the fare structure including the acceptance of passes, tickets, transfers and tokens. In addition, our drivers will be required to collect, cancel and/or validate passes and tickets, issue and collect transfers and verify patron eligibility for service.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 65
At the end of each service day fare boxes are emptied into individual secure bank bags.

Fares are counted in our secure cash room. Fares are accounted for by vehicle (route) by day and recorded on a spreadsheet that becomes part of our monthly report.

Passenger counting is done currently using trip sheets that are filled out by the driver during the service day.

Fare Box Malfunctions
In the event that a fare box is not able to accept fares on route, the following shall take place:

1. The driver will immediately inform dispatch of the nature of the problem.

2. A relief bus is dispatched if available.

3. At no time will the drivers handle fares. While the fare box is malfunctioning, cash passengers will ride for free.

In the event City elects to sell or provide tickets or tokens to patrons, Southland operators will collect, record, and deposit ticket sales according to instructions of the City.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 66
V. FACILITY/FUELING PLAN
Our proposed project facility is located at 3530 Rockwell Avenue, El Monte, CA, 91731. This facility is well suited for this operation, as it is centrally located and already equipped with virtually all amenities necessary to store, maintain, fuel and clean vehicles, as well as to conduct all operations required under this project. This location has served the City of El Montes contracted transit services for well over a decade.

The following table identifies all heavy equipment and tools that are presently available at the proposed facility:
# Description Model Qty
1 Brake Lathe-Ammco 4000 1
2 Floor Jack-Gray (air/hyd) FSJ 120 3
3 Jack Stands-Gray 25T 4
4 OTC Drive on - Service Ramps N/A 2
5 ARI - Hetra Column Lift System 18000# 1
6 Mustang - 2 post Hyd Vehicle lift 18000# 1
7 ARI - Hetra Mobil Support Stands 15,000# 4
8 35' Lighted Vehicle Service pit N/A 1
9 Tire Changer - Snap-on EEWH312A 1
10 Tire Changer - Accuturn 5402 1
11 ARI - Hetra HD Transmission Hyd Lift Table N/A 1
12 Wheel Balancer - Coats 950 1
13 Snap-on Mig welder MM250SL 1
14 Mac Tools - R134a AC Machine ACR225M 1
15 Robin Air - HD 134a AC Machine Cooltech 1
16 Engine hoist - AC Delco 2 Ton 1
17 OTC HD Wheel Handler 5100 1
18 Mac - Long shaft 1" Wheel gun N/A 1
19 Cheetah - Tire bead seater N/A 1
20 Mac - 20 Ton Press SHP20T 1
21 Snap-on - Diagnostic scan tool Apollo D8 1
22 Panasonic Laptop - Cummins Insite / Allison DOC CF-53 1 23 Panasonic Laptop - VPG MV1 Diagnostic software CF-53 1 24 MAC Tools - HD Hand held code reader ET3420-HD 1
25 Backup Generator set (Primary) w/ Asco ATS Armstrong - 70Kva 1

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 67
26 Backup Generator set (Secondary) w/ Asco ATS Magnum - 70Kva 1
27 Gray- HD Filter crusher QP-160 1
28 Service Truck w/ compressor F250 1
29 Emergency Response Truck F150 1
Facility Specifications
Site Parking (Sq ft) Structures (Sq ft) Vehicles Employees El Monte, CA
(Headquarter) 147,423 14,620 251 408
STI & Affiliates employ 75 City of El Monte residents from this location The following illustration identifies the location
of STI’s proposed project facility in relation to
the El Monte Transportation service area. As
can be seen, the site is centrally located
within the City and is extremely close to the
City’s Trolley Station, which will minimize
deadhead travel distance and time, as well as
allow STI to respond quickly to any service
issues that may arise.

The proposed facility exceeds requirements by providing ample space for uniform parking of revenue vehicles, as well as a large section for onsite employee and nonrevenue vehicle parking, as can be seen in the following overhead.

The facility includes a large maintenance structure with 4 service bays, large and secured parts storage, as well as administrative space that can comfortably accommodate all administrative, operations and maintenance personnel.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 68
Facility Overhead/Diagram
The following diagram illustrates in greater detail the location of all assigned work spaces, as well as on site equipment:

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 69
VI. IMPLEMENTATION AND TRANSITION
As the incumbent contractor for the City’s contracted transportation services Southland’s implementation tasks will be limited only to changes with our approach.

The facility, call center and most equipment needed is already in place to support a seamless start up. However, we have made several commitments, which will also involve some new equipment.

Our implementation steps are as follows:

1. Enter into contract with City of El Monte: STI will execute and return an original copy to the City within ten (10) days of receiving a notice to proceed.

2. Provide Performance Bond and Insurance to the City: Southland will provide the City with an annual bond prior to commencing work.

3. Enter into formal subcontract agreements with DBE vendors: Southland already maintains formal written agreements with Trans-Global and JCM. These agreements will be amended to reflect the specific services and value associated with this project.

4. Outfit DAR vehicles with MDT (Tablets): Southland employs professional staff right here in El Monte who regularly install all on board communications equipment. We stand ready to update the City’s DAR fleet upon receiving notice to proceed and can commit that this step will be completed prior to commencing service under the new contract.

5. Implement 5M Software for Dispatching and Scheduling: This software is already in use by our affiliates in El Monte and will not require any major steps to implement.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 70
VII. COST PROPOSAL FORMS
FORM 1-C FIXED ROUTE COMBINED
FORM 1-D DAR-PARA COMBINED
2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3
OPERATIONS 4.50% 4% 3.50% 3.50% 3.50% 3.50% 3.50%
Driver Payroll $ 517,214.20 $ 540,488.84 $ 562,108.40 $ 581,782.19 $ 602,144.57 $ 623,219.63 $ 645,032.31 $ 667,608.44 Driver Benefits & Payroll Expenses $ 125,548.68 $ 131,198.37 $ 136,446.30 $ 141,221.92 $ 146,164.69 $ 151,280.46 $ 156,575.27 $ 162,055.41 Other Operations Staff Payroll $ 208,225.54 $ 217,595.69 $ 226,299.52 $ 234,220.00 $ 242,417.70 $ 250,902.32 $ 259,683.91 $ 268,772.84 Other Operations Staff Benefits &
Payroll Expenses $ 50,544.71 $ 52,819.22 $ 54,931.99 $ 56,854.61 $ 58,844.52 $ 60,904.08 $ 63,035.72 $ 65,241.97 Driver Training Payroll $ 14,040.30 $ 14,672.11 $ 15,259.00 $ 15,793.06 $ 16,345.82 $ 16,917.92 $ 17,510.05 $ 18,122.90 Driver Training Benefits & Payroll
Expenses $ 3,408.14 $ 3,561.51 $ 3,703.97 $ 3,833.61 $ 3,967.79 $ 4,106.66 $ 4,250.39 $ 4,399.16 Supplies $ 1,982.06 $ 2,041.52 $ 2,102.76 $ 2,165.85 $ 2,230.82 $ 2,297.75 $ 2,366.68 $ 2,437.68 Vehicle Costs - Maintenance $ 124,315.04 $ 129,909.22 $ 135,755.13 $ 141,864.11 $ 148,248.00 $ 154,919.16 $ 161,890.52 $ 169,175.60 Fuel to be provided by the City at the
City's expense
Communications Equipment $ 10,739.67 $ 11,222.96 $ 11,671.88 $ 12,080.39 $ 12,503.21 $ 12,940.82 $ 13,393.75 $ 13,862.53 Miscellaneous Operations Costs $ 8,549.59 $ 8,934.32 $ 9,291.69 $ 9,616.90 $ 9,953.49 $ 10,301.87 $ 10,662.43 $ 11,035.62 TOTAL OPERATIONS EXPENSES $1,064,567.93 $1,112,443.76 $1,157,570.64 $1,199,432.65 $1,242,820.61 $1,287,790.65 $1,334,401.03 $1,382,712.14

OTHER COSTS
Administration/Management Payroll $ 117,587.98 $ 122,879.44 $ 127,794.62 $ 132,267.43 $ 136,896.79 $ 141,688.18 $ 146,647.26 $ 151,779.92 Administration/Management Benefits &
Payroll Expenses $ 28,543.33 $ 29,827.78 $ 31,020.89 $ 32,106.62 $ 33,230.35 $ 34,393.42 $ 35,597.19 $ 36,843.09 Insurance $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 Facility Rent $ 48,344.04 $ 49,794.36 $ 51,288.19 $ 52,826.83 $ 54,411.64 $ 56,043.99 $ 57,725.31 $ 59,457.07 Utilities $ 2,900.64 $ 2,987.66 $ 3,077.29 $ 3,169.61 $ 3,264.70 $ 3,362.64 $ 3,463.52 $ 3,567.42 Other/Overhead Costs $ 96,842.04 $ 99,747.30 $ 102,739.72 $ 105,821.91 $ 108,996.57 $ 112,266.46 $ 115,634.46 $ 119,103.49 Profit/Fee $ 43,843.46 $ 45,158.76 $ 46,513.52 $ 47,908.93 $ 49,346.20 $ 50,826.58 $ 52,351.38 $ 53,921.92 TOTAL OTHER COSTS $ 539,548.15 $ 551,881.96 $ 563,920.89 $ 575,587.99 $ 587,632.90 $ 600,067.93 $ 612,905.77 $ 626,159.57 $ 1,064,568
TOTAL ANNUAL COST $1,604,116.08 $1,664,325.72 $1,721,491.53 $1,775,020.65 $1,830,453.51 $1,887,858.58 $1,947,306.80 $2,008,871.71 Vehicle Revenue Hours (projected) 21307 21307 21307 21307 21307 21307 21307 21307

PROPOSED COST PER
VEHICLE REVENUE HOUR $ 75.28 $ 78.11 $ 80.79 $ 83.31 $ 85.91 $ 88.60 $ 91.39 $ 94.28 Form 1-C: COST PROPOSAL - Fixed Route Combined (hourly) 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3
OPERATIONS 4.50% 4% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% Driver Payroll $ 119,512.17 $ 124,292.66 $ 128,642.90 $ 133,145.40 $ 137,805.49 $ 142,628.69 $ 147,620.69 $ 152,787.41 Driver Benefits & Payroll Expenses $ 29,010.41 $ 30,170.82 $ 31,226.80 $ 32,319.74 $ 33,450.93 $ 34,621.72 $ 35,833.48 $ 37,087.65 Other Operations Staff Payroll $ 69,147.66 $ 71,913.56 $ 74,430.54 $ 77,035.61 $ 79,731.85 $ 82,522.47 $ 85,410.75 $ 88,400.13 Other Operations Staff Benefits &
Payroll Expenses $ 16,784.92 $ 17,456.31 $ 18,067.28 $ 18,699.64 $ 19,354.13 $ 20,031.52 $ 20,732.62 $ 21,458.26 Driver Training Payroll $ 3,385.18 $ 3,520.59 $ 3,643.81 $ 3,771.34 $ 3,903.34 $ 4,039.95 $ 4,181.35 $ 4,327.70 Driver Training Benefits & Payroll
Expenses $ 821.72 $ 854.59 $ 884.50 $ 915.46 $ 947.50 $ 980.66 $ 1,014.98 $ 1,050.51 Supplies $ 477.88 $ 497.00 $ 514.39 $ 532.40 $ 551.03 $ 570.32 $ 590.28 $ 610.94 Vehicle Costs - Maintenance $ 30,581.84 $ 31,805.11 $ 32,918.29 $ 34,070.43 $ 35,262.90 $ 36,497.10 $ 37,774.50 $ 39,096.61 Vehicle Costs - Fuel $ 23,047.75 $ 23,969.66 $ 24,808.60 $ 25,676.90 $ 26,575.59 $ 27,505.74 $ 28,468.44 $ 29,464.83 Communications Equipment $ 3,624.33 $ 3,769.30 $ 3,901.23 $ 4,037.77 $ 4,179.09 $ 4,325.36 $ 4,476.75 $ 4,633.43 Miscellaneous Operations Costs $ 11,587.80 $ 12,051.31 $ 12,473.11 $ 12,909.67 $ 13,361.51 $ 13,829.16 $ 14,313.18 $ 14,814.14

TOTAL OPERATIONS
EXPENSES $ 307,981.70 $ 320,300.96 $ 331,511.48 $ 343,114.38 $ 355,123.39 $ 367,552.70 $ 380,417.05 $ 393,731.64

OTHER COSTS
Administration/Management
Payroll $ 71,099.22 $ 73,943.19 $ 76,531.20 $ 79,209.79 $ 81,982.13 $ 84,851.51 $ 87,821.31 $ 90,895.06 Administration/Management
Benefits & Payroll Expenses $ 17,258.64 $ 17,948.98 $ 18,577.20 $ 19,227.40 $ 19,900.36 $ 20,596.87 $ 21,317.76 $ 22,063.88 Insurance $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 Facility Rent $ 11,655.96 $ 12,005.64 $ 12,365.81 $ 12,736.79 $ 13,118.89 $ 13,512.46 $ 13,917.83 $ 14,335.37 Utilities $ 699.36 $ 720.34 $ 741.95 $ 764.21 $ 787.13 $ 810.75 $ 835.07 $ 860.12 Other/Overhead Costs $ 10,907.96 $ 11,235.20 $ 11,572.26 $ 11,919.42 $ 12,277.01 $ 12,645.32 $ 13,024.68 $ 13,415.42 Profit/Fee $ 13,856.80 $ 14,272.50 $ 14,700.68 $ 15,141.70 $ 15,595.95 $ 16,063.83 $ 16,545.74 $ 17,042.11 TOTAL OTHER COSTS $ 179,154.23 $ 183,802.15 $ 188,165.39 $ 192,675.60 $ 197,337.77 $ 202,157.02 $ 207,138.69 $ 212,288.25 TOTAL ANNUAL COST $ 487,135.93 $ 504,103.11 $ 519,676.87 $ 535,789.99 $ 552,461.15 $ 569,709.73 $ 587,555.73 $ 606,019.90 Vehicle Revenue Hours
(projected) 4927 4927 4927 4927 4927 4927 4927 4927

PROPOSED COST PER
VEHICLE REVENUE HOUR $ 98.87 $ 102.31 $ 105.47 $ 108.74 $ 112.13 $ 115.63 $ 119.25 $ 123.00 Form 1-D: COST PROPOSAL - DAR/Para Combined (hourly)

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 71
VIII. AGENCY REFERENCES
Southland Transit’s has been a municipal transit service provider since 2001. The Company’s formation resulted from a merger of the public transportation contracts that were formally operated by its affiliate, San Gabriel Transit, and another local transit contracting firm. San Gabriel Transit was founded in 1953, and remains the most reputable provider of ADA paratransit service in Los Angeles. With a combined total of 68 years of public transit experience, Southland Transit has built a reputation as one of the most effective transit companies having successfully operated services under contract with multiple Cities, Counties and Transit Agency’s throughout Southern California.

Most Similar Projects
City of El Monte – Current
3990 Arden Dr, El Monte, CA 91731
Contact Person: Sarah Zadok 626.580.2236
Length of Service: June 2008 to the present
Type of Service: Fixed-Route and Dial-a-Ride | 11 Vehicles Annual Contract Value: $ 1,714,278 Est Annual Revenue Hrs: 30,330 City of Baldwin Park - Current
14403 E Pacific Avenue, Baldwin Park, CA 91706
Contact Person: Sam Gutierrez 626.960.4011 ext 460
Length of Service: 1997 to the present
Type of Service: Fixed-Route and Dial-a-Ride | 10 Vehicles Annual Contract Value: $ 1,170,000 Est Annual Revenue Hrs: 25,000 City of Alhambra (ACT and Senior Ride) - Completed
111 South First Street, Alhambra, CA 91706
Contact Person: Mary Chavez 626.308.4880
Length of Service: October 1998 to 2019
Type of Service: Fixed-Route and Dial-a-Ride | 17 Vehicles Annual Contract Value: $1,208,868 Est Annual Revenue Hrs: 38,906 San Luis Obispo Regional Transit Authority (SLORTA) - Completed 1150 Osos Street, Suite 206, San Luis Obispo, CA 93401
Contact Person: David Lilly
Length of Service: July 1, 2003 to June 30, 2007
Type of Service: Fixed-Route and Dial-a-Ride | 30 Vehicles Annual Contract Value: $ 2,254,838 Est Annual Revenue Hrs: 54,325

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 72
Fixed Route Projects
Metropolitan Transit Authority, Los Angeles - Current
One Gateway Plaza, Los Angeles, CA 90012
Contact Person: Sandra Solis 213.922.6266
Length of Service: July 1, 2005 to the present
Type of Service: Fixed-Route | 41 Vehicles
Annual Contract Value: $13,911,550 Est Annual Revenue Hrs.: 115,000 County of Los Angeles, Sunshine, El Sol & Heights Hopper Shuttle Service - Current 900 South Fremont, Alhambra, CA 91803
Contact Person: Vanessa Rachel 626.458.5960
Length of Service: 2018 to the present
Type of Service: Fixed Route | 27 vehicles
Annual Contract Value: $3,707,246 Est Annual Revenue Hrs: 54,796 Project Overview - 5 Years

PROJECT
CLIENT CO.

FACILITY

LOCATIO
N

CONTRACT

STATUS TYPE

ANNUAL VEH

START END REV

HRS VALUE
LA Metro STI Baldwin
Park 2005 2022 Current Fixed Route 115,000 $13,049,119 46 RTA STI Perris 2018 2022 Current ADA/DAR 221,149 $15,113,465 110

LADPW -
Sunshine
Shuttle
STI El Monte 2016 2024 Current Fixed
Route 17,185 $1,243,579 5
LADPW - El
Sol Shuttle STI El Monte 2016 2024 Current Fixed Route 30,726 $1,996,086 9

LADPW -
Heights
Hopper
Shuttle
STI El Monte 2016 2024 Current Fixed
Route 6,885 $467,584 2
Baldwin
Park Transit STI El Monte 1994 2022 Current
Fixed
Route/DA
R
25,000 $1,770,405 9
El Monte
Transit STI El Monte 2002 2022 Current
Fixed
Route/DA
R
30,000 $1,668,809 12
Temple City STI El Monte 2014 2024 Current DAR 8,060 $382,489 3 Pico Rivera STI El Monte 1994 2022 Current DAR 10,462 $310,842 3

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 73
La Puente STI El Monte 1994 MTM Current DAR 1,998 $92,504 1 MoVAN STI Client Site 2018 2023 Current DAR 2,500 $117,618 1 ASI West "CTI Los
Angeles 2006 2027 Current ADA Para 386,000 $30,000,000 113 ASI East "SGT El Monte 1992 2027 Current ADA Para 579,000 $42,000,000 207

PAST CONTRACTS
ASI AV STI Lancaster 2007 2012 Complete ADA Para 12,000 N/A 30 Arcadia STI El Monte 1975 2017 Complete GPPVDAR 25,246 N/A 18 Alhambra STI El Monte 1999 2019 Complete Fixed
Route/DAR 14,312 N/A 9
West
Covina STI El Monte 2001 2013 Complete Fixed Route/DAR 7,466 N/A 8 Rosemead STI El Monte 2008 2018 Complete Fixed
Route/DAR 5,954 N/A 3
*CTI and SGT are affiliate companies through common ownership.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 74
IX. FINANCIAL RESPONSIBILITY
Southland Transit, Inc. is one of the strongest locally owned transportation companies in the region. We have no adverse financial conditions to report and have included in the exhibit section our most recent financial statement, which has been signed by a CPA and includes our compiled balance sheet and income statement. Southland Transit, Inc. requests that access to this information be limited to the least number of people necessary and only those who are required to evaluate our financial standing.

PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE
TRANSIT AND PARATRANSIT OPERATIONS - 2022
SOUTHLAND TRANSIT, INC. | 75
X. REQUIRED FORMS
Proposal Letter/Certificate of Acceptance
Proposal Check Sheet
Performance Bond
Certificate Regarding Lobbying
False Claims/False Claims Act Certification
Civil Litigation History/Civil Litigation Certificate
State of California Drug Free Workplace Certification
Certification of Primary Participant Regarding Debarment, Suspension, and other Responsibility Matters
Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members
RC-DBE Forms

1. Commitment Form

2. Affirmation Forms

3. DBE Certificates

PROPOSAL LETTER/CERTIFICATE OF ACCEPTANCE

PROPOSER
NAME:~~~S_o_u_th_l_a_n_d_T_r_an_s_it_,_In_c_.~~~~~~~~~~~~~ City of El Monte
11333 Valley Blvd.

El Monte CA 91731
FORM2
In response to the Request for Proposal (RFP), for Transit and Paratransit Operations Service, we the undersigned hereby declare that we have carefully read and examined the RFP documents, and hereby propose to perform and complete the work as required in the Contract.

We the undersigned agree to supply the Scope of Work at the costs indicated in our cost proposal if our Proposal is accepted within ninety days from the date specified in the proposal.

If awarded a Contract, the undersigned agrees to execute a Contract, which will be prepared by the City for execution, within 10 calendar days following Notification of Award, and will deliver, to the City prior to the commencement of Scope of Work the necessary original Certificate of Insurance.

The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable):

Addenda
No(s). 1, 2 and 3