Agreement No. 22,640
This agreement is made and entered into this day of June, 2016 by and between the City of Pasadena, a municipal corporation of the State of California (Pasadena), and the City of San Marino, a municipal corporation of the State of California (San Marino).
I. Recitals
Pasadena and San Marino entered into an agreement on November 5, 1991, whereby the Pasadena Dial-A-Ride (DAR) was to provide service to senior and disabled citizens of San Marino. This agreement has been extended continuously since it was initiated.
The cities desire to maintain this relationship and agree as follows:
The purpose of this agreement is to restate the respective obligations, responsibilities, and financial arrangement for each city with respect to the provision of DAR services to San Marino residents.
San Marino is aware and acknowledges that Pasadena's DAR program is funded primarily through the Los Angeles County Metropolitan Transportation Authority (LACMTA), which is the agency that administers the Los Angeles County Local Return Sales Tax Program, and that Pasadena contracts with a private vendor to provide and administer its DAR program. San Marino recognizes that Pasadena's provision of DAR services is dependent upon and contingent on LACMTA providing sufficient funding to provide DAR services.
II. Organization and Management
a. Pasadena shall administer, monitor, and evaluate DAR services being provided to San Marino and Pasadena.
Pasadena shall contract for DAR service operations and maintenance and shall have full authority to monitor and enforce all its provisions of the Services Contract.
C. Pasadena shall develop and implement, in its discretion, a DAR marketing program. d. Pasadena shall provide identification and verification of all eligible elderly and disabled program participants for San Marino.
e. Pasadena's DAR management staff shall meet quarterly or as needed with San Marino's designated staff to review the status and quality of services, contractor invoices, and all expenses incurred in administration, operations, monitoring and evaluation of the DAR program.
f. San Marino shall provide program assistance and cooperation as necessary to facilitate management and operation of the DAR program in San Marino.
III. Payment for Services
Pasadena shall submit a quarterly invoice to San Marino. The invoiced amounts shall be based on the basis of fees identified in paragraphs "b" and "c" below. b. San Marino's Administrative Fee shall be based upon the following sliding scale:
$135 if less than or equal to 50 trips per month;
*
35% if between 51 - 200 trips per month;
*
30% if between 201 - 300 trips per month;
* 25% if over 301 trips per month
Administrative Costs may be amended as an addendum to the Agreement upon the written agreement of both cities.
San Marino, in addition to paying Pasadena an Administrative Fee, shall pay a flat Operating Fee for each boarding by an ambulatory or non-ambulatory (disabled) rider who is an eligible DAR user and resident of San Marino. The flat Operating Fee shall be based upon the cost paid for similar service for Pasadena residents, $8.65 per trip for both disabled and non-disabled riders. In addition to the flat fee, San Marino shall be invoiced directly for the fare due per trip, until such time that San Marino riders pay the fare directly.
The Operating Fee shall be adjusted based on total Operating Costs and services, if necessary, upon the written mutual agreement between Pasadena and San Marino. d. Pasadena shall provide San Marino with a complete quarterly report of passenger usage for trips by all San Marino residents. The form and detail of the quarterly report shall be mutually agreed upon by Pasadena and San Marino, and shall be consistent with reporting requirements under the Services Contract.
e. San Marino shall remit payment to Pasadena within 45 days of receipt of an invoice from Pasadena for the combined total of Administrative and Operating fees.
IV. Term and Termination
The term of this agreement, effective June 30, 2015, is for four (4) years and may be renewed annually by mutual agreement between Pasadena and San Marino.
Either Pasadena or San Marino may terminate this contact upon 30 days' notice to the other.
V. Amendment
This agreement may be amended; any amendment shall be in writing and signed by the authorized representative for each City.
VI. Indemnification
Pursuant to the provisions of Section 894.5 et seq. of the California Government Code, each party agree to indemnify and hold the other harmless from all loss or liability for injury or damage, actual or alleged, to person or property arising out of or resulting from the indemnifying party's acts or omissions in the performance of this agreement. In the event of third-party loss caused by the negligence, wrongful act or omission of more than one party, each party hereto shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed between them or judicially determined. The provision of California Civil Code section 2778 regarding interpretation of indemnity agreements are hereby incorporated into this agreement.
CITY OF PASADENA CITY OF SAN MARINO
Tulatut
By:
-Steve Mermel
Interim City Manager Interim City Manager
Date: 8.30 - 16 Das: August 2, 2014
APPROVED AS TO FORM: APPROVED AS TO FORM:
Tink. her femini
By: em a By:
Michele B. Bagneris Kenneth Dapeer
City Attorney Attorney for the City
8-L4-206 8-8-16
Date: Date:
ATTEST: ATTEST:
Veronies Ruin
By: By:
Veronica Ruiz
City Clerk City Clerk
Date: 9/1/16 Date: 8-3-100
Transit/Contracts/San Marino/8.2.16