THIRD AMENDMENT TO THE MANAGEMENT AGREEMENT FOR THE OPERATION
AND MAINTENANCE OF BEACH CITIES TRANSIT FIXED ROUTE TRANSIT
BETWEEN THE CITY OF REDONDO BEACH
AND PARKING CONCEPTS, INC. DBA TRANSPORTATION CONCEPTS
THIS THIRD AMENDMENT TO THE MANAGEMENT AGREEMENT FOR THE
OPERATION AND MAINTENANCE OF BEACH CITIES TRANSIT FIXED ROUTE TRANSIT (“Third Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”), and Parking Concepts, Inc., a California corporation dba Transportation Concepts (“Contractor”).
WHEREAS, on May 5, 2020, the parties hereto entered into the Management Agreement for the Operation and Maintenance of Beach Cities Transit Fixed Route Transit (the “Agreement”) between the City and Contractor; and
WHEREAS, on May 16, 2023, the parties hereto entered into the First Amendment to the Agreement (the “First Amendment”); and
WHEREAS, on May 21, 2024, the parties hereto entered into the Second Amendment to the Agreement (the “Second Amendment”); and
WHEREAS, the parties now desire to amend the Agreement.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereto agree to amend the Agreement as follows:
1. Section 1 of the Agreement is amended as follows:
Agreement. This Agreement and any amendments hereto consist of this document and all attached exhibits, which are incorporated herein by reference:
a) Exhibit “A”: FTA Required Contract Clause Certification and FTA Contract Clauses
b) Exhibit “B”: Scope of Work
c) Exhibit “C”: 2019 Request for Proposals
d) Exhibit “D”: Contractor’s Proposal
e) Exhibit “E”: Insurance Requirements
f) Exhibits “F”, “F-1”, “F-2”, and “F-3”: Cost Proposals g) Exhibits “G”, “G-1”, and “G-2”: Out of Contract Rates Directly Related to Federal, State or Local Emergencies
2 h) Exhibit “H”: Terms for Compliance with California Labor Law Notwithstanding the foregoing, any language in Exhibit "B" and Exhibit “C” which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement. In the event of a conflict among the provisions of the foregoing documents, the provisions of this Agreement shall govern, then, in alphabetical order, the provisions of Exhibit “A”, Exhibit “B”, Exhibit “C”, Exhibit “D”, Exhibits “F”, “F-1”, “F-2”, and “F-3”, Exhibits “G”, “G-1”, and “G-2”, and Exhibit “H”. Exhibit “E” shall stand alone.
2. Section 7 of the Agreement is amended as follows.
Compensation and Method of Payment.
The total compensation for the Contractor shall not exceed $15,692,852.92 for the Base Term and the Option Periods, as detailed below, which shall constitute full and complete compensation for the Contractor’s services under this Agreement based on the rates set forth in “Exhibits “F”, “F-1”, “F-2” and “F-3”. Said sum shall be paid for full performance of those services described in this Agreement and may be decreased for unsatisfactory performance of those services described herein. Said compensation shall be paid by the City out of the City’s Proposition "A" Local Return funds, Formula Allocation Funds, and other transit funding which may include federal and state funding. a) Monthly Invoice. Contractor shall submit for the preceding month the Monthly Invoice on a form approved by the City listing the monthly fixed route and dial-a-ride Vehicle Revenue Hours provided and other related expenses. Contractor shall submit the Monthly Invoice, with the Monthly Operating Report on or before the 10th day of each month. City agrees to pay Contractor within 30 days of receipt of Contractor’s invoice, unless City, in good faith, disputes any item in the invoice. In such event, City shall pay the amount not in dispute, and shall enter into good faith negotiations to resolve the disputed matter. In the event Contractor and City cannot resolve the dispute within 30 days, City in its sole discretion, shall decide the amount to be paid to Contractor.
b) Fee Structure. City agrees to pay Contractor based on a Fixed Fee and Fixed Hour Rate Fee Structure as follows.
i. Fixed Fee. Contractor shall be paid a Fixed Fee for each Contract Period, payable in monthly installments, to cover the costs of performing those services set forth in Exhibit “B”, Exhibits “F”, “F-1”, “F-2”, and “F-3”. ii. Fixed Hourly Rate. On a monthly basis, Contractor shall be paid a Fixed Hourly Rate for each documented Vehicle Revenue Hour as defined in Exhibit “B”, operated during that month, within the authorized service levels specified in this agreement.
iii. Therefore, the City shall pay the following amounts:
3 (a) Fixed Hourly Rate: During each year of the Base Term, the following Fixed Hourly Rate shall be payable to
Contractor for each documented Vehicle Revenue Hour
of service operated in Fixed Route and Dial-A-Ride
service:
Year One: $42.72
Year Two: $44.53
Year Three: $46.30
(2) First Year of the Option Period, July 1, 2023 – June 30, 2024 (12 months):
(a) Fixed Fee: During each month of Year One of the Option Period, the monthly fee amount of $103,501.87 shall be
payable to Contractor for a total annual amount of
$1,242,022.46.
(b) Fixed Hourly Rate: During Year One of the Option Period, an amount equal to $48.57 (“Revenue Vehicle Hours
Rate”) times the total number of Revenue Vehicle Hours
of service operated in Fixed Route and Dial-A-Ride
service during the First Option Year, subject to Section 8 of the Agreement.
(3) Second Year of the Option Period, July 1, 2024 – June 30, 2025 (12 months):
(a) Fixed Fee: During each month of Year Two of the Option Period, the monthly fee amount of $107,124.44 shall be
payable to Contractor for a total annual amount of
$1,285,493.28.
(b) Fixed Hourly Rate: The Fixed Hourly Rate, referred to as the Revenue Vehicle Hours Rate, shall be applied to the total number of Revenue Vehicle Hours operated in the
Fixed Route and Dial-A-Ride service during the second
year of the Option Period, as follows:
(i) From July 1, 2024 to December 31, 2024, the
Revenue Vehicle Hours Rate shall be $50.27 per
hour.
4 (ii) From January 1, 2025 to June 30, 2025, the
Revenue Vehicle Hours Rate shall be $58.27 per
hour.
(iii) The total compensation under this rate shall be
calculated by multiplying the applicable Revenue
Vehicle Hours Rate by the number of Revenue
Vehicle Hours provided during the relevant
period, subject to Section 8 of the Agreement,
and any amendments thereto.
2. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, and this Third Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement. In the event of any inconsistency between the terms of the Agreement, the First Amendment, Second Amendment, and this Third Amendment, the terms of this Third Amendment shall govern.
SIGNATURES FOLLOW ON NEXT PAGE
5 IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 17th day of December, 2024.
CITY OF REDONDO BEACH, PARKING CONCEPTS, INC.,
a chartered municipal corporation a California corporation dba Transportation Concepts
__________________________ By: _______________________
James A. Light, Mayor Name: _______________________
Title: ________________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney