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HomeMy WebLinkAboutStaff Report 2.B 04/20/2009-,___ crrY oF p>:�TA>�Ul�� �A�>FoRN�A ____.2...B._ AGENDA BILL April 20, __..2.R. .April20, 2009 AGENDA BILL Agenda Title: Resolution Approving First Amendment to 2006-2009 Meeting Date: Agreement Between the City of Petaluma and Petaluma People Services for April 20, 2009 the Provision of Paratransit Transit Services Meeting Time: 7:00 PM Categorv: ❑ Presentation ❑ Appointments I Department: Director: Public Works Vince �la engo t11, Total Cost of Proposal or Project: Not to Exceed $463,492 for FY09/10 Amount Budgeted: ® Consent ❑ Public Hearing ❑ Unfinished Business ❑ New Business Expense to be included in FY09/10 budget Contact Person: Phone Number: Barbara Duffy 775-4421 Name of Fund: Transit Account Number: 6500 Current Fund Balance: Sufficient funds in FY09/10 to cover this appropriation Recommendation: It is recommended that the City Council take the following action: Approve a first amendment to the 2006-2009 Petaluma People Services (PPSC) agreement for paratransit services to extend the contract by one year, amend Section 2.2.4 of the Scope of Services to conform to the City's Living Wage Ordinance, and delete Section 2.7.2 of the Scope of Services to comply with State law. 1. ❑ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ❑ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second reading; see Attachment 3. ❑ Other action requiring special notice: Notice has been given, see Attachment Summary Statement: The PPSC contract to provide paratransit services, which expires on June 30, 2009, includes a provision to amend the contract for two additional one-year terms at the lesser of the increase in the CPI or 3.0%. Based on the quality of service during the base years, the continuing need under the Americans with Disabilities Act (ADA) to provide paratransit trips to individuals who are unable to use fixed route transit due to a disability, and in order to ensure operational consistency and cost effectiveness, the option year should be exercised. However, in recognition that the City subsequently adopted a Living Wage Ordinance, it is recommended that Section 2.2.4 of the Scope of Services be amended to require the contractor to pay employees no less than the Living Wage, and to compensate, on a pass through basis, the additional cost of meeting this requirement. Additionally, the current contract needs to be amended to delete Section 2.7.2 of the Agreement Scope of Services to comply with the Transportation Development Act's farebox recovery requirements. The recently completed Transportation Development Act (TDA) audit by the Metropolitan Transit Commission on Petaluma Transit cited this contract requirement as not in compliance with the TDA definition of "local funds". To comply with State of California Law and funding obligations, this provision of the contract should be deleted in its entirety. Attachments to Agenda Packet Item: 1) Resolution Approving First Amendment to PPSC 2006-2009 Contract, including Exhibit A, First Amendment to PPSC Contract 2) 2006-2009 PPSC Agreement / $evies ed by Finance, Director: Reviewed by Ci tornev: Approved by City Manager: '-� wire. /'7Date: Rev. # 2 Daae LastUev' ed: 'Rev. #1, 417109, 9:00 am File: S:1Transit & Tru3sportationlCC' Agenda IIillsiTraizsit 417109 — 6:00 pm ContractslParatransst106-09 PPSC Contrae(\AB Amend 1 to Pl'SC 46-09 PSA (Delete Farebox)TINAL Agenda 13 IMpri! 20 PPSC '�-1 ffA L- Amendment new rormat.doex CITY OF PETALUMA, CALIFORNIA APRIL 20, 2009 AGENDA REPORT FOR RESOLUTION APPROVING FIRST AMENDMENT TO 2006-2009 AGREEMENT BETWEEN THE CITY OF PETALUMA AND PETALUMA PEOPLE SERVICES FOR THE PROVISION OF PARATRANSIT TRANSIT SERVICES 1. RECOMMENDATION: Approve a first amendment to the 2006-2009 Petaluma People Services (PPSC) agreement for paratransit services, exercising the first year of the option to extend the agreement, amending Section 2.2.4 of the Scope of Services to conform to the City's Living Wage Ordinance, and deleting Section 2.7.2 of the Agreement Scope of Services to comply with State law. The extension would cover Fiscal Year 09110 at a not -to -exceed cost of $463,492. 2. BACKGROUND: With respect to exercising the option year, the existing agreement states: Upon the mutual agreement of CITY and CONTRACTOR, the Agreement may be extended for up to two additional years, one year at a time, subject to approval by CITY's City Council. The operations budget for any such extended year shall be increased over that of the preceding year by the inflation rate, as measured by the Consumer Price Index for all urban consumers in the San Francisco -Oakland -San .lose Metropolitan Statistical Area, not to exceed an increase of three percent (3%) annually. Exercise of the option year makes sense at this point in anticipation of the budget cycle for Fiscal Year 2010. PPSC is operating services in an efficient manner and meeting service delivery requirements. The Association of Bay Area Governments year -over -year change in the CP1 from December 2007 to December 2008 for the Consolidated Metropolitan Statistical Area covering San Francisco - Oakland - San Jose was 0%: Therefore, the base contract cost will not increase. However, staff recommends that PPSC be allowed to pass through to the City the direct cost of bringing individual driver wages up to the wages defined in the City's Living Wage Ordinance. Although, as a nonprofit organization, PPSC is not required to comply with the LWO, allowing this pass through is consistent with the terms of the agreement with MV Transportation, Petaluma Transit's fixed route provider. To allow for this pass through Section 2.2.4 of the Scope of Services would be amended to incorporate the following language: Pursuant to the City of Petaluma's Living Wage Ordinance, adopted on November 20, 2006 and codified at Petaluma Municipal Code Chapter 8.36, should any rate of pay set in the foregoing schedule be Iess than the Living Wage rate established by City Council resolution pursuant to Petaluma Municipal Code Chapter 8.36, Contractor shall pay employees no less than the Living Wage rate_ City shall compensate Contractor for any difference between the Living Wage rate and the rates of pay in this section on a direct pass through basis. In any option year in which no increase to Revenue Hour Rates is provided, length of service increases otherwise provided in this section may be withheld or modified. S:ITransit & Transportation\CC Agenda Bills\Transit ContractslParatransit\06-09 PPSC ContractlAB Amend 1 to PPSC 06-0913SA (Delete Farehox)U'INA1. Agenda Bill\April 20 l'PSC Amendment new hormat.doex I he tonal sentence of this change is added to allow FFSC. to contain their costs given to the lack of a contract rate increase. Section 2.7.2 of the Agreement Scope of Services states: Too (sic) satisfy the Transportation Development Act requirement that fifteen (sic) per cent (10%) of the monthly operating cost is obtained from farebox revenues for Paratransit. Any shortfall in the fifteen (sic) percent (10%) required for Paratransit transit service shall be paid by the Contractor at year's end. This provision has traditionally been included in paratransit service contracts to ensure that the City meets Transportation Development Act farebox recovery guidelines. Farebox recovery refers to the amount of passenger fares and Iocal funds that combine to form a revenue base that offsets operating cost. For paratransit, the State requires operators to recover 10% of expenses with such revenue. Petaluma paratransit has recovered between 8.5 and 9.2 percent of costs in the last three fiscal years. In cases where farebox recovery is not met, the City may be asked to make up the difference between the actual receipts and the 10 percent requirement, which in Petaluma's case could be as much as $7,500 annually. Compensation has not been requested to date. The recent (June 2008) Triennial Performance Audit of the City of Petaluma recommended that the City "evaluate the inclusion of the contract clause requiring contractors to supplement farebox revenues". The impetus for this recommendation was first, that this contract requirement doesn't comply with the TDA definition of local funds which is "revenues derived from taxes imposed by the operator or by a county transportation commission", and second, that the effect of including this clause in operating contracts can have negative consequences on operating efficiencies if the contractor chooses to either increase their price to cover the anticipated shortfall or cut back on costs to compensate for the payment. 3. DISCUSSION: Exercising the option year is justified, based on the quality of service during the base years, the continuing need under the Americans with Disabilities Act (ADA) to provide paratransit trips to individuals who are unable to use fixed route transit, and the desire to ensure operational consistency and cost effectiveness. With respect to deletion of Section 2.7.2 of the Scope of Services, although the audit report only suggests that the City "evaluate" changing the contract language, the fact that these funds appear to not meet the terms of the regulation, coupled with the lack of application of this contract section over the years, supports its elimination. 4. FINANCIAL IMPACTS: Under this amendment, the base contract rate will stay the same as in the current contract. Some additional cost will be incurred to accommodate the discrepancy between the current driver wages and the Living Wage Ordinance. This is estimated to be less than $5,000 annually (the amount will vary, based on the seniority of the driving staff). Currently, PPSC driver wages range from $12.00 to $16.50 per hour. Contract Period 711108 — 6130109 711109 — 6/30/2010 Monthly Fixed Fee $17,651.62 $17,651.62 Revenue Hour Rate $32.89 $32-89 LWO Pass Through $5,000.00 Not to Exceed $458,495.00 $463,495.00 3 5.1Transit & TransportationlCC Agenda BillsVI-ransit Can trictsTaratransit106-09 PPSC Contract\AB Amend 1 to PPSC 06-09 PSA {Dcletc Farebo0F1NAl. Agenda Bi111April 20 PPSC Amendment new format.doex RESOLUTION APPROVING FIRST AMENDMENT TO 2006-2009 AGREEMENT BETWEEN THE CITY OF PETALUMA AND PETALUMA PEOPLE SERVICES FOR THE PROVISION OF PARATRANSIT TRANSIT SERVICES WHEREAS, the Petaluma People Services (PPSC) contract to provide paratransit services, which expires on June 30, 2009, includes a provision to amend the contract for two additional one-year terms at the lesser of the increase in the CPI or 3.0%; and WHEREAS, in exercising the option year, the existing contract states that "any such extended year shall be increased over that of the preceding year by the inflation rate, as measured by the Consumer Price Index for all urban consumers in the San Francisco -Oakland -San Jose Metropolitan Statistical Area, not to exceed an increase of three percent (3%) annually"; and WHEREAS, the Association of Bay Area Governments year -over -year change in the CPI from December 2007 to December 200$ for the Consolidated Metropolitan Statistical Area covering San Francisco - Oakland - San Jose was 0%; and WHEREAS, staff recommends exercising the first year of the option to extend the agreement, covering Fiscal Year 09110 at no increase to the base cost; and WHEREAS, staff also recommends amendment to Section 2.2.4 of the PPSC Agreement Scope of Services to read in full as follows: Contractor personnel shall be paid the following minimum pay scale per hour during the term of Agreement: RATES OF PAY LENGTH OF FROM TO SERVICE Starting 0 Months 6 Months 6 Months 6 Months 1 Year 1 Year 1 Year 2 Years 2 Years 2 Years 3 Years 3 Years 3 Years 4 Years 4 Years 4 Years 5 Years 5 Years 5 Years 6 Years 6 Years 6 Years 7 Years 7 Years 7 Years 8 Years 8 Years 8 Years 9 Years 9 Years 9 Years 10 Years 10 Years 10 Years 11 Years 11 Years 11 Years 12 Years 12 Years 12 Years 13 Years TRAINING RATE $10.00 RATE PER HOAR $12.00 $12.50 $12.75 $13.00 $13.50 $13.75 $14.00 $14.50 $15.00 $15.25 $15.75 $16.00 $16.25 $16.50 4 S:Uransit & Transportation\CC Agenda BillslTransit Contrads\Paratransit106-09 PPSC Contract%AB Amend I to PPSC 06-09 PSA {Delete Farclm A INAL Agenda BilhApril 20 PPSC Amendment new Corrnat.docx _Pursuant to the-Cityof-PetaTunia s-Eving Wage Ordinance, adopted on November 20, 2006 and codified at Petaluma Municipal Code Chapter 8.36, should any rate of pay set in the foregoing schedule be less than the Living Wage rate established by City Council resolution, pursuant to Petaluma Municipal Code Chapter 8.36, Contractor shall pay employees no less than the Living Wage rate. City shall compensate Contractor for any difference between the Living Wage rate and the rates of pay in this section on a direct pass through basis. In any option year in which no increase to Revenue Hour Rates is provided, length of service increases otherwise provided in this section may be withheld or modified; and WHEREAS, a recent (June 2008) Triennial Performance Audit of the City of Petaluma recommended that the City evaluate inclusion of Section 2.7.2 of the Agreement Scope of Services, requiring contractors to supplement farebox revenues to comply with the Transportation Development Act (TDA) farebox recovery requirements, as it appears to not be in compliance with the TDA definition of "local funds"; and WHEREAS, staff recommends deletion of Section 2.7.2 of the Agreement Scope of Services, in order to comply with State of California Law and Funding obligations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes City Manager to execute the First Amendment to Agreement between the City of Petaluma and Petaluma People Services for the Provision of Paratransit Services attached to this resolution as Exhibit A and incorporated herein by reference. 5 S:1Trwlsit & TransportationlCC Ag enda Bills1Transit Con tractsTaratransitl00-09 PPSC Contract1AB Amend 1 to PPSC 06-09 PSA (Delete Parchox)1N1NAL Agenda BilkApril 20 PPSC Amendment new forniat.doex FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA AND PETALUMA PEOPLE SERVICES FOR THE PROVISION OF PARATRANSIT TRANSIT SERVICES This FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA AND PETALUMA PEOPLE SERVICES FOR THE PROVISION OF PARATRANSIT TRANSIT SERVICES is made and entered into this day of , 2009, by and between the City of Petaluma, a municipal corporation ("CITY") and Petaluma People Services Center, a California corporation ("CONTRACTOR"). CITY and CONTRACTOR are sometimes referred to hereafter as the "PARTIES". WHEREAS, the PARTIES entered into an Agreement Between the City of Petaluma and Petaluma People Services for the Provision of Paratransit Transit Services on July 1, 2006, for the provision of fixed route transit services from July 1, 2006 to and including June 30, 2009 (the "Agreement"); and WHEREAS, the Agreement incompletely identified CONTRACTOR as "Petaluma People Services"; and WHEREAS, the PARTIES desire to extend the Agreement for one year, as provided for in Section 3 of the Agreement; and WHEREAS, the PARTIES wish to amend Section 2.2.4 to confonn to the CITY's Living Wage Ordinance; and WHEREAS, the PARTIES wish to delete Section 2.7.2 of the Agreement Scope of Services to comply with State law. NOW, THEREFORE, for good and valuable consideration, the PARTIES hereby agree as follows: 1. The name and capacity of CONTRACTOR is [THE PETALUMA PEOPLE SERVICES CENTER, a California corporation]. 2. The Agreement period specified in Section 3 of the Agreement shall be extended for one year, beginning July 1, 2009 and ending June 30, 2010, with no increase in the Monthly Fixed Fee ($17,651.62) and Revenue Hour Rates ($32.89) specified in Appendix E to the Agreement for Fiscal Year 2008-2009, in a total amount not to exceed $463,495 for the period July 1, 2009 through June 30, 2010- 3. Amend Section 2.2.4 of the Agreement Scope of Services to read in full as follows: Contractor personnel shall be paid the following minimum pay scale per hour during the term of Agreement: RATES OF PAY LENGTH OF FROM TO TRAINING RATE PER SERVICE RATE HOUR Starting 0 Months 6 Months $10.00 $12.00 j 6 Months 6 Months 1 Year $12.50 1 Year 1 Year 2 Years $12.75 2 Years 2 Years 3 Years $13.00 3 Years 3 Years 4 Years $13.50 6 5:1Transit & Transportation\CC Agenda l3iiisur nsit ContractslParatransit106-09 PPSC Contrac[\AB Amend ] to PPSC 06-09 PSA (Delete Earebox)WINAL Agenda 13HRAPril 20 PPSC Amendment new format.don - -I 4 -Years 5 Years 5 Years 6 Years $14.00 6 Years 6 Years 7 Years $14.50 7 Years 7 Years 8 Years $15.00 8 Years 8 Years 9 Years $15.25 9 Years 9 Years 10 Years $15.75 10 Years 10 Years 11 Years $16.00 11 Years 11 Years 12 Years $16.25 12 Years 12 Years 13 Years $16.50 Pursuant to the City of Petaluma's Living Wage Ordinance, adopted on November 20, 2006 and codified at Petaluma Municipal Code Chapter 8.36, should any rate of pay set in the foregoing schedule be less than the Living Wage rate established by City Council resolution, pursuant to Petaluma Municipal Code Chapter 8.36, Contractor shall pay employees no less than the Living Wage rate. City shall compensate Contractor for any difference between the Living Wage rate and the rates of pay in this section on a direct pass through basis. In any option year in which no increase to Revenue Hour Rates is provided, length of service increases otherwise provided in this section may be withheld or modified. 4. Section 2.7.2 of the Agreement Scope of Services is deleted in its entirety. 5. Except as expressly amended herein, all terms and conditions of the Agreement shall remain in full force and effect as originally executed. City of Petaluma John C. Brown City Manager Date ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Petaluma People Services Center a California corporation By: Name/Title Date: 7 SATransit��. Transportca€ion1CC Agenda 13ills\Transit Contracts\Paratransit106-09 PPSC ContractlAB Amend 1 to PPSC 06-09 PSA (Delete Farebor01NAL Agenda Bill\April 20 PPSC Amendment new format.docx ATTACHMENT 2 AN AGREElbIENT BETWEEN THE CITY OF PETALUALk AND PETAI.UMA-PEOPLE SERVICES FOR THE PROVISION OF PARA.TIRANSIT TRANSIT SERTICES Q -r— MS Agreement C Agreemeaf') is made and entered into this /C day of F -e L , 20D�by and betweea the City of Petaluma (hereinafter "CITY"), a municipal corporation, and Petaluma People Services (hereinafter "CONTRACTOR'). WTFNESSETH WHEREAS, CITY is authorized by Govemment Code section. 260D2 to furnish and operate public transportation services, and by the Public Utilities Code section 99288 and Government Code section 3100, to enter into an Agreement to provide such services, and CITY desires to exercise such authority, and WHEREAS, CITY has prepared, distributed and advertised a request for proposals for general public fixed route and paratxansit services, and SEAS, more than one entity has responded, to the request and submitted a proposal, and VaMREAS, CITY has evaluated the proposals submitted and selected the CONTRACTOR identified above, and NOW, THEREFORE, in consideration of the above, CITY and CONTRACTOR hereto agree as Follows: 1. This Agreement skull satisfy the requirements of Public Utilities Code section 99288, and the rules and regulations adopted by the Secretary of Business and Transportation Agency, and the Metropolitan Transportation Commission, pursuant to Public Utilities Code section 99401, malting a portion of CITY fiends available under the Mill-Alquist Deddeh Act of 1971, as amended. 2. CONTRACTOR represents hereby that it is in the business and fully qualified in the field of public transportation, and is fully willing and able to adhere to this Agreement, at the costs specified herein, and with the level of service and quality specified herein, including all attached Exhibits, inclusive. CITY has awarded this Agreement in reliance upon such representations, and on CONTRA.CTOR's particular shills, experience, and abilities as represented by CONTRACTOR. 3. Agreement period sball be for three (3) years, commencing on July 1, 2006 and ending June 30, 2009. Upon the mutual agreement of CITY and CONTRACTOR, the Agreement may be extended for up to two additional years, one year at a time, subject to approval by CITY'S City Council. The operations budget for any such extended year, shall be increased over that of the preceding year by the iaftation rate, as measured by the Consumer Price Index for all urban consumers in the San Francisco -Oakland -San ,Tose Metropolitan Statistical Area, not to exceed an increase of three percent (3 "to) annually. 4. That for, and in consideration of the payments and Agreements hereinafter to be made and performed by CITY, the CONTRACTOR agrees with CITY, to operate the Petaluma paratransit services, as required in the "SCOPE OF SERVICES" attached hereto and incorporated herein by reference, for the term indicated. :\Transit & TransponationlAgreecments - RFP's1PPSC Contractst2006 Paratransit Service 1_11.doc Page I in -- 5. CITY hereby promises and agrees with the CONTRACTOR to contract with, and does hereby contract with CONTRACTOR to operate the Petaluma paratransit transit services, according to the terms and conditions herein contained and referred to for the prices set forth in the "PAYMENT SCHED=' attached hereto, which is made a part hereof, and CITY hereby contracts to pay the same at the time, in the manner and upon the conditions therein set forth; and the parties hereto for themselves, their heirs, shareholders, directors, partners, executors, administrators, officers, employees, and successors, and do hereby agree to the full performance of the covenants herein contained. 6. CONTRACTOR agrees to receive and accept the prices set forth in the PAYMENT SCHMULE as full compensation to operate the Petaluma paratransit services in the manner specified and according to the SCOPE OF SERVICES. 7. Not Agreement of Employment It is understood and acknowledged that Agreement is not a contract of employment between CITY and CONTRACTOR, or any agents, officers, or employees of CONTRACTOR. CONTRACTOR is, and shall at all times be, deemed to be an independent CONTRACTOR. CONTRACTOR is not authorized to bind the CITY to any contracts or other obligations. CONTRACTOR is not an agent or employee of the CITY, and shall at no time represent itself to be such agent or employee. S. By CONTRACTOR's signature to this Agreement, CONTRACTOR certifies that it is aware of the provisions of section 3700 of the Labor Code, which require every employer to be insured against liability for Worker's Compensation, or to undertake self-insurance, in accordance with the provisions of that Code, and CONTRACTOR will comply with such provisions before commencing the performance of the work of this contract. The City will not provide Workers` Compensation for CONTRACTOR's workers, employees or subcontractors. 9. The complete Agreement consists of the following documents; all of which by reference are made a part of this contract: The Request for Proposal documents for City of Petaluma Transit Operations and Maintenance Contract, for fixed route and paratransit transit services. 2. CONTRACTOR Proposals to Operate Petaluma Transit's route and/or paratransit transit services, including: a) Price Proposal and Budget b) Public Information Proposal c) Maintenance Plan 3. Additional Submittals as included in CONTRACTOR's Proposal. 4. SCOPE OF SERVICES attached hereto. S. PAYMENT SCHEDULE attached hereto. 6. FEDERAL REQUIREIv1ENT5 attached hereto. 10. Scooe of Services. Provide all labor, equipment, tools and materials necessary to provide paratransit services as more specifically set forth in the SCOPE OF WORD attached hereto and incorporated by referenced herein. S:1Transit & TransportationlAgreements - RFP's1PPSC Contracts12006 Paratiansit Service 1_11.doc Page 2 R Ii. Administration of Aareement. COSI'T`RACTOR°s_compliance with ---Agreement--shall---be----- ------------------ ---------------------------- -- ---supervise-r and administered by CITY by its Public Works Department. 12. Oa -Site Management. The person serving as CONTRACTOR's Operations Manager shall be approved by CITY. In addition, CONTRACTOR shall designate as agent authorized to bind the CONTRACTOR in all aspects of CON RA.CTOW s performance of Agreement, who shall be available at all times, either by phone or in person, to malre decisions or provide coordination as necessary. The above individuals shall be responsible for monitoring all aspects of the service, includiug, but not Emited to, ridership, quality of service, fare collection, operations, maintenance and repairs, attitudes, motivation, and pedormaace of all personnel. 13. Commencement and Duration. CONTRACTOR agrees to provide the door-to-door paratransit transit services, subject to the terms herein, during, the Term set forth in Section 3 above. 14. Changes in Level of Service. The level of service required of CONTRACTOR shall be as specified in. Section 2.1 "Service Description" of the SCOPE OF SERVICES attached hereto and as otherwise specified in Agreement. The procedures for implementing changes in the level of service and to the schedule shall be as defined in Section 2.3..2" Adiustzaeat to Service" of the SCOPE OF SERVICES attached hereto. 15. Permits to Onerate. At its sole cost and expense, CONTRACTOR shall obtain any and all permits, licenses, certifications, or entitlements to operate as are now or hereafter required by any agency to enable CONTRACTOR to perforin Agreement, and shall provide copies of all such entitlements to CITY when received by CONTRACTOR. 16. Notice of Deficiencies. CTI`Y'S Public Works Director may issue a Notice of Deficiencies to CONTRACTOR, spccifying areas of unsatisfactory performance, and specifying what improvements are necessary to correct the deficiency or deficiencies. Such notice shall specify the provision(s) of Agreement which address the issue, CONTRACTOR shall correct deficiency within thirty (30) days. In the event the deficiency is not fully corrected within forty-five days, Contractor may be terminated with cause at the City's direction. 17. Force Majeure. CONTRACTOR shall not be charged, nor shall CITY demand from CONTRACTOR, damages because of failure in providing the services indicated in Agreement due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR_ Such causes of excusable delay may include acts of public enemies, military attach andfor other actions, fires, floods, snow storms, earthquakes, epidemic, quarantine, restrictions, strikes, freight embargoes, public road closures, but in every case the delay is excusable only for so long as, and to the extent that, the condition causing the excusable delay. CONTRACTOR shall be entitled to no compensation for any service, the performance of which is excused pursuant to this paragraph. In the event that CONTRACTOR is unable to provide the services indicated due to any cause, he shall make a reasonable attempt to so notify the public, including notification to local newspapers, notice on City's website, and, if appropriate, local radio and television stations. Whenever CONTRACTOR has larowledge that any actual or potential force majeure may delay or prevent performance of Agreement, CONTRACTOR, on a timely basis, shallnotify CITY of �-Uransit & TransportationUgreemeats - RFP's\PPSC Contracts12006 Paratransit Service 1_11.doc Page 3 1.1 -thefacts_�nd,_thereafter,_shallreport--to--- CITY- relevant—information- then-lrnovc►n— to---- CONTRACTOR, and shall continue to so report as appropriate. 1$. No Conflietina Uses. CONTRACTOR shall not operate, lease or charter CITY provided equipment used for Agreement for any purpose other than this Agrgement, unless specifically authorized by CITY. 19. Notice. All notices shall be made by certified U.S. mail, postage prepaid, return receipt requested, or hand -delivered, addressed as follows: CITY: Dept. of Public Works, c/o City Cleric City of Petaluma PO Box 61 Petaluma, California 94953-0061 CONTRACTOR: Petaluma People Services Roar Kirtley, Exec. Director Petaluma People Services Center 1.500 A Petaluma. Blvd.. So. Petaluma, CA 94952 Service of such notices shall be deemed complete on the date of deposit in the U.S. Mail or hand - delivered. 20. Performance Bond. CONTRACTOR shall provide as annual Performance Bond, executed by CONTRACTOR and a surety company licensed to do business as such in the State of California, to CITY in the amount of five percent (5%) of the estimated expenditure for each contract year. The Performance Bond shall be furnished forty-five (45) days prior to the commencement of each contract year for the term of Agreement. The condition of such bond shall be that CONTRACTOR shall fully and faithfully perform all conditions and covenants of Agreement or that the face amount of such band shall be forfeited. to CITY. The bond may be a renewable one-year bond., and shall be renewed annually before its expiration date, provided, however, that such bond roust remain in full forcee and effect from and after the date CITY makes any demands for payment oa the bond until the CITY releases such claim. Provision of such bond is a material covenant of Agreement. 21. Precedence_ of Anreement Documents. In the event of a conflict or ambiguity arising between Agreement documents or any term therein, the document executed later in time shall prevail over the document executed earlier in time. 22. Continuity. Agreement is binding upon each of the parties and their respective heirs, shareholders, officers, directors, partners, executors and. successors. 23. Assign -meat (Contractor). The performance of Agreement may not be assigned, or in any way subcontracted on a continuing basis, or any vehicle sub chartered, except upon the prior written consent of CITY. CITY shall not consent to any proposed assignment or subcontracting, novation, other writing, or agreement which would have the effect of relieving CONTRACTOR or CONTRACTOR's surety of their responsibility and/or liability under Agreement. S:1Transit & TrausportationlAgreements - RFP'sIPPSC Contracts\2006 Paratransit Service 1_11.doc Page 4 ---------------------------- -- - 24' ----Assignment (C�— The-CITY-reserves-the-rightto-assip-ifs tespnzisibiiities under Agreement to any existing Or future governmental entity for the provision of public transportation services. Such assignment shall constitute a complete novation between CHY and CONTRACTOR; and receipt by CONTRACTOR from CITY of sums then due and payable for services rendered pursuant to Agreement prior to assignment shall constitute a complete accord and satisfaction as between CITY and CONTRACTOR. Assignment of vehicle, and equipment lease(s), if any, from CITY to CONTRACTOR shall be activated by a separate written agreement jointly siped by CITY and a principal from CONTRACTOR. Such separate written agreement shall be attached to Agreement to be incorporated by reference and sball indicate which party is responsible for lease payments. 25. Transition to Future Contractor. Up to forty-five (45) days following the effective date of the termination or expiration of Agreement, CONTRACTOR shall provide to either CITY, or to any future CONTRACTOR(S) selected by CTTf, CONTRACTDR's full cooperation in the transition to the successor CONTRACTOR(S). This shall include, as a minimum, consultation regarding labor and management issues (including a delineation of wage and benefits by employee category) and access to non -confidential personnel and maintenance files. CONTRACTOR's telephone equipment shall be made available to the successor CONTRACTOR(S) pending installation of the new CONTRACTOR`s equipment. CONTRACTOR shall release the telephone number(s) used for public information inquiries and any sequential roil -aver numbers to the new CONTRACTOR(S). CONTRACTOR shall provide its best professional effort to assure smooth transition from CONTRACTOR's services to new CONTRACTOR(S) services, and shall cooperate fully with CITY and the new CONTRACTOR(S) to this end. 26. Indemnification and Hold Harmless A--xeement. Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (nmcluding, without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultants performance of the Services or its failure to comply with any of its Obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" within the definition of Civil Code Section 2783, as may be amended from time to time, such indemnity shall not include: Liability for the active negligence of City, 27. Insurance Requirements All insurance documents are to be sent to: John Snragusa, Manager Petaluma Transit City of Petaluma 555 North McDowell Blvd. Petaluma, CA 94954 Subcontractors: -\Transit & TransportatioutAgreemmts - RFP`s\PPSC Contracts\2006 Paratransit Service I_1 Ldoc Page 5 01 - --Contractor shall include all subcontractors as-insureds --- under- its-policies---or--shall-fU iish certificate and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the provisions stated herein. 28, Immigration Reform and Control Act of 1986- CONTRACTOR assumes full responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder in compliance with the federal immigration Reform and Control Act of. 1986, and rules and regulations promulgated in connection therewith (hereinafter "IRCA"). CONTRACTOR shall indemnify, defend and hold CITY harmless from and against any loss, damage, liability, casts or expenses arising from any noncompliance with the provisions of IBCA. 29. Successors. Agreement shall be binding upon, and shall inure to the parties hereto, and their respective shareholders, partners, officers, directors, agents, personal representatives, successors - in -interest, employees, and assigns. 30. Countemarts. Agreement may be executed simultaneously at in counterparts, and each of the counterparts shall be deemed to be an original, but all such counterparts shall constitute one and the same Agreement_ 31. Governiva Law. Agreement shall be construed and enforced pursuant to the laws of the State of California. Any shits brought under Agreement shall be filed in the Courts of Sonoma County. 32. Americans with Disabilities Act. CONTRACTOR acImowledges that service provided as a result of Agreement may be subject to the Americans with Disabilities Act (ADA). CONTRACTOR agrees to comply with the requirements of the ADA including vehicles and service accessibility to the extent that it is applicable. a3. Disadvantaged Business Enterprise and Equal EmDlovrneat ODnartunity, and Other Federal Requirements. CONTRACTOR acknowledges that it will affirmatively ensure that in regard to contracts entered into pursuant to Agreement, Disadvantaged Business Enterprises will he afforded full opportunity to submit bids in response to said contracts, and will not be discriminated against an grounds of race, calor, gender, or national origin in consideration of award. CONTRACTOR agrees to comply with all FEDERAL REQUUMNIENlS described in Exhibit A attached hereto. The CITY hereby notifies CONTRACTOR that recipients of Federal Financial Assistance from the Department of Transportation are carnmitted to have adopted a Disadvantaged Business Enterprise Policy, in accordance with Federal Regulations issued by the Department of Transportation. This policy provides that Disadvantaged Business Enterprises will be afforded every practical opportunity to participate in procurement activities. CONTRACTOR agrees to provide to CffY, prior to the commencement of the services required herein, certification that CONTRACTOR has complied with all the requirements of Section 23.67 of the Federal Register. During the term of Agreement, CONTRACTOR also agrees as follows: (1) Not discriminate against any employee or applicant for employment because of race, color, religion, gender, or national origin. S:\Transit & TransportationlAgreements - RFP's1PPSC Contracts12006 Paratransit Service I_11.doc Page 6 13 (?) Takeaative action to ensure -the -applicants-are-employe —an - at-emp Gaye -e are treated during employment, without regard to their race, color, religion, gender, or national origin. This shall include, but not be limited to: (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. (3) Post in conspicuous places available to employees and applicants for employment, ,notices to be provided by the CONTRACTOR that explain this clause. (4) State, in all solicitations or advertisements for employees placed by, or on behalf of the CONTRACTOR, that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin. (5) Send to each labor union or representative of warkers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the CONTRACTOR's Agreements' Officer advising the labor union or worker's representative of CONTRACTOR's commitments under this. clause and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) Comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) Furnish to CITY all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard I- arm 100 (EEO -1), or any successor form, in the proscribed form to be fled within 30 days following the signing of Agreement, unless filed with 12 months preceding the date of Agreement. (S) Permit access to its books, records, and accounts by the CITY, or the office of Federal Agreement Compliance Programs (OFCCP) for the purpose of investigation to ascertain CONTRACTOR's compliance with the applicable rules, regulations, and orders. (9) If the OFCCP determines the CONTRACTOR is not in compliance with this clause, or any rule, regulation, or order of the Secretary of Labor, Agreement may be canceled, terminated, or suspended in whole, or in part and CONTRACTOR may be declared ineligible for further Government contracts under procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed, and remedies invoked against CONTRACTOR as provided in Executive Order 11246, as amended, the riles, regulations, and orders of the Secretary of Labor, or as otherwise by Law_ (10) Include the terms and conditions of subparagraph (1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or order of the Secretary of Labor issued under Executive Order 11.246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) Take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, CONTRACTOR may request the United Sates to enter into thelitigation to protect the interest of the United State. .\Transit & Transportation\Agreemeats - RFP`s\PPSC Contracts12006 Paratransk Service 1_I l.doc Page 7 3�-_ Termination. A. Termination Without Cause. Agreement may be terminated in whole or in part, for convenience and without cause, by CITY, by giving CONTRACTOR thirty (30) days written notice of the intent to terminate, whenever CITY determines that termination is in the best interests of CITY. Should Agreement be terminated for convenience, CONTRACTOR shall be paid for•all authorized services provided, including reasonable charges for demobilization. However, CONTRACTOR shall not be paid any anticipated profit or fees for services not provided. Acceptance of such final payment by CONTRACTOR shall constitute a complete accord and satisfaction as between CONTRACTOR and CITY. B. Termination Upon Breach. Agreement may be terminated by CITY immediately in the event of a material breach by CONTRACTOR A "material breach" for this purpose shall include, but not be limited to, the following items: a. Repeated failure by CONTRACTOR to operate service on time, or to complete trips beyond acceptable response time as agreed between CITY and CONTRACTOR. b. Repeated failure by CONTRACTOR to provide clean and safe vehicles due to actions by CONTRACTOR and not caused by CITY, C. Failure by CONTRACTOR to operate a safe service (e.g., having an accident/ incident record higher than industry norms), d. Invalidation or lessening of warranty coverage on CITY -provided equipment due to CONTRACTOR's negligence. e. Failure by CONTRACTOR to provide qualified personnel, training, supplies, or equipment required in Agreement. f. Failure by CONTRACTOR to make the corrections specified by CITY at the times specified. g. Failure by CONTRACTOR to submit the required reports in a tr€rthful, accurate manner. h. Failure by CONTRACTOR to expeditiously process payment for damages to CITY -provided equipment that were due to actions by CONTRACTOR and not caused by CITY. i. CONTRACTOR's use of CITY provided equipment or facilities for purposes other than those authorized by CITY. Failure by CONTRACTOR to pay wages or provide benefits to its employees at the rates and conditions specified in Agreement, or failure to pay payroll taxes, Social Security withholding taxes, or other taxes and fees mandated by the State of California or the Federal Government. S:1Transit & TransportationlAgreements - RFP's1PPSC Contractsi2005 Paratransit Service 1_11.d❑c Page a s C. Termination by Mutual Agreement. Agreement may _also_be-tErmhl ted_at-any time -upon - mutual consent behveea both CITY and CONTRACTOR_ D. Termination During Extended Term. Termination during any extension of Agreement shall be made in the same manner and for the same reasons as durinb the initial term. E. Contractor shall correct any non -material breach including non -safety related items, within thirty (30) days. In the event the breach is not fully cured within forty-five days, Contractor may be terminated with cause at the City's direction_ 35. Citv's Remedies on Breach. It is understood and agreed that in the event of failure of CONTRACTOR to perform services required by Agreement, in addition to all other remedies, penalties and damages provided by law, CITY may provide such services, and deduct the cost of doing so from the amounts due, or to become due to CONTRACTOR. The casts to he deducted shall be the actual costs to CITY to provide such services, or the costs shown on the Payment Schedule, whichever is greater. CONTRACTOR agrees that any waiver, or any breach or violation, of any term or condition of Agreement, or any failure to enforce any term or condition of Agreement, shall not be deemed to be a waiver of any other term or condition contained herein, or a wavier of any subsequent breach or violation of the same, or any other term or condition. The acceptance by CITY of the performance of any work or services by CONTRACTOR shall not be. deemed to be a wavier of any term or condition of Agreement. 36. Additional Terms. The validity, legality, or enforceability, in whole, or in part of any provision of Agreement, shall not affect or impair the validity, legality, or enforceability of other provisions. This Agreement and all exhibits, addenda, and documents incorporated by reference herein, constitute the full and complete understanding of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereto. The Agreement may only be modified by a written instrument signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed Agreement the day and year herein above written. CITY OF PETALUMA, a municipal corporation SY :��IUL� City Manager ATTEST: (I e "Ld MY Clerk 1 CONTRACTOR By: S:ITransit & TranspartationlAgreennents - RFP`s1PPSC Contracts12006 Paratransit Service l._l l.doc Page 9 f i� - PPROVED_AS. TO —ORM: ity Attnmey P O [apartment Director f LPPROVED: k Manager .'PROVED: 1 ►drrninisirative Services Director S:1Transit & TraasportationlAgg-r eements _ RFP`s1PPSC Contractsl2006 Paratransit SerNice 1�1 Ldoc Page 10 11 1.0 PARATRANSIT SCOPE OF SERVICES The purpose of this section is to provide guidance on each aspect of the contract terms and conditions. It is the contractor's responsibility to comply with all of the relative sections of the contract and to report to City of Petaluma Transit Manager any deficiencies. 2.1 Service Description 2.1.1 Description of Service The City of Petaluma provides fixed -route and demand -response service within the City of Petaluma. Contractor shall provide Paratransit operations, administrative and maintenance related functions from the City's Public Works facility located at 555 North McDowell Blvd., Petaluma. The City small provide the Contractor with access to vehicle maintenance facilities at the City's Public Warks facility on a contract -specific lease basis. Definition of revenue hours shall be from the time the driver leaves the transit maintenance and operations facility to the time he /she returns except for lunches, breaks, fuel time and any gap in the schedule that is greater than forty five minuets (45). Total estimated revenue hours and milt's for the desired services are: Annual Revenue Hours Revenue Miles Demand -response 7500 65,000 The Contractor must obtain and keep current all required licenses and permits to operate in the City of Petaluma within the scope of this contract service. 2.1.2 Adjustment to Service The City reserves the right to adjust service at any time. Modifications to services may include, but are not limited to, extending, deleting, or adding routes, or parts of routes, and expanding or decreasing revenue hours. In the event actual annual revenue hours fall below ninety percent (90%) or exceed one hundred ten percent (110%) of the total projected annual revenue hours, the City shalf reserve the right to negotiate a revised unit cost per revenue hour with the Contractor. City and Contractor shall meet to negotiate an equitable adjustment to the fixed and variable rates. SATranait & TransportationXAgreements - RFP's\PPSC ConlmclslScape of 5ervlce Paratrenslt 1_31.doc 2.1.3 Service Hours Demand -response service operates: Monday — Friday: 6:35 a.m. — 6:05 p.m. Saturday: 9:57 a.m. -- 4:33 p.m. Contractor will be expected to provide dispatch service during all hours listed above, plus additional time prior to and subsequent of revenue service to assure all runs are covered by qualified drivers. Exact hours of operation are subject to change at the City`s sole discretion. 2.1.4 Holiday Schedule The City reserves the right to operate modified schedules it deems appropriate In conjunction with holidays, given one week notice to the Contractor. The modified schedules will in no way alter the Contract, nor will be considered adjustment to service, nor will it result a change in compensation either to the Contractor or to City. There will be no service on the following holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. 2.1.5 Special Services The Contractor from time to time may be required to provide speciaf event -related services. Special event services may vary from year to year. Special event services shall be billed at no more than the paratransit revenue hour rate from the time the bus leaves the operations and maintenance facility until the time of its returns. 2.1.6 Schedules The Contractor shall provide City of Petaluma Transit services in a safe, courteous, reliable manner, and in accordance with trip schedules provided by City (see Appendix D). City representatives may from time to time ride City -operated vehicles, with or without prior notice to the Contractor, to ensure compliance with this Contract. S:1Trans1L & Transp❑rtaVorAAgreements - RFP'MPPSG ConiraWScape of Servlee_Paratmnsit 1_11.doc 2 2.1.7 Fares The following table outlines the current fare policy for the Petaluma Transit system. Wil ig_."� � General - Seniors (55 & older)/ Disabled $LOD $0.50 2 Children under5 (%!Care -paying adult) Free 10--1bda pass Ia-Ridepass (sanioranddisabled) $10-00 $5_11a �• �,� ��� ��t---���� Monthly Pass (unlimited ridrs) $3a.o© Student Monthly Pass 25_(10 Senior MondllyPass $15.00 u �`''f' ; 112 General $? 00 -Ride pass $24.00 2.2 Drivers 2.2.1 Qualifications/Standards The Contractor shall conduct a criminal -background check either DOJ or E Screen on each City of Petaluma Transit driver to ensure all drivers meet the following standards and are quallfied to perform City of Petaluma Transit services: m All operators must be employees (full or part-time) of the Contractor. The Contractor may not sub -contract with individuals to execute trip assignments. Continuous possession of a valid driver's license, a California DMV Transit Certificate, GPPV for Paratransit, passenger endorsement, air brake endorsement, and current possession of a Class A, or 8 license. Not more than two moving violations in the past five years and no DWI/DU1 convictions within the last seven years. O Command of the English language. a Sensitivity to customer needs. C Ability to resolve complaints and problems as required. e N❑ felony conviction history. a Must comply with Federal Drug and Alcohol Testing regulations (see Appendix 8) SATransiI & Transpartallon\Agreements - AFP'siPPSG COnIra cts\Scopa a Servlae_Parattanstt 1_11Aoc 3 2.2.2 Training City shall offer one training course at the start up of the contract for Contractor's trainers and supervisors to instruct them in City of Petaluma Transit policies and procedures. After the initial training courses at contract start up, Contractor shall be responsible for all aspects of training, Including the provision and payment for the required training. Contractor must provide an orientation and training plan outlining how drivers with recent transit bus operating experience shall be trained in City of Petaluma Transit operations in order to ensure that these new experienced drivers are trained to an equivalent level as the new trainee program required below. All drivers without recent transit taus operations experience, hired by the Contractor must attend, at a minimum, the following training: A minimum of one -hundred twenty (120) hours of training per driver, of which at least eighty (e0) hours shall he behind the wheel of a vehicle, Including at least (16) hours of City of Petaluma Transit system and route train inglorlentatio n. This training must be completed before a driver can enter unsupervised revenue service. Within this required training period, Contractor shall instruct drivers in at least (a) eight hours of disability awareness sensitivity training, which includes ADA regulations and procedures; four (4) hours of sexual harassment training; eight (8) hours of passenger controlldifficult passenger training, eight (6) hours of defensive driving training. The City reserves the right to review all training materials, and to monitor training sessions. The Contractor shall arrange and pay for this training. Contractor shall be required every year to ensure all operating personnel associated with this contract receive at least the required sixteen (16) hours of special Department of Motor Vehicles training and eight (8) hours of recurrent "transit certificate" training. The cost of driver wages during all training shall be borne by the Contractor. Maximum class size shall be 10 operators. Contractor shall be required to ensure ail operators and dispatch staff are aware of proper customer communication practices required for polite customer assistance. Contractor shall ensure all operators complete training prior to their operation of an in service bus. The Contractor will also be responsible for providing remedial training for any driver who demonstrates a lack of appropriate skills. Training during and subsequent to training for new hires, such as recurrent training and retraining, shall be conducted by the Contractor. The Contractor shall be required to have an Operator Development Program in place to address all operator related training needs. The City shall inform the Contractor in writing of any changes in operating procedures; the Contractor will be responsible for any training at its cost for existing operators which are needed as a result of changed procedures. Written documentation of all training, including new hires, recurrent, and retraining shall be maintained by the Contractor and furnished to City representative upon request. All training programs shall be subject to City approval within a reasonable timeframe. SATraans[t & TransportattoMAgreaments - RFP'sTPSC ConlractsWcope of Serv[ce_Paratranstt ii 1.doq .. 4 C�I 2.2.3 Employee Work Rules The following employee rules, subject to modification by City, shall be enforced by Contractor. a. Uniforms: 1. Must be complete and worn at all times when on duty. 2. Shall be clean and presentable at all times. 3. Uniform designs, colors, and ID tags subject to City approval. b. Gratuities/Fares: 1. Gratuities shall not be accepted. 2. All cash shall go into farebox without being handled by the driver. Driver shall collect fares consistent with the most recent fare structure adopted by City. c. Knowledge of Services/Fare Structure: 1. Drivers shall have a thorough knowledge of the service and fare structure prior to driving for that service unsupervised. 2_ Drivers shall' also have a basic knowledge of transfer locations with connecting systems, and knowledge of connecting systems. d. General Rules: 1. No employee will be permitted to smoke, eat, drink, or employ any device that plays music or amplifies sound aboard buses at any time_ 2. Boisterous language, profanity, or incivility to anyone shall not be permitted while in uniform, on or off duty. 3. While in uniform, no employee shall purchase, consume, or be ander the influence of any narcotic, intoxicant, or harmful drug. 4. Drivers shall be responsible for keeping all vehicles clean and sanitary during their shift. a. All employees are responsible for reporting any defects a vehicle may have immediately. Drivers shall conduct a "walk -a -round" inspection of their vehicle, and fill out a "Daily Bus Report (DBR)" sheet. Drivers shall have Contractor supervisor personnel resolve any doubt about the safety of a vehicle prior to operating the vehicle in service. G. Employees may use vehicles only in accordance with their assigned duties. 7. Employees must conduct themselves and operate vehicles in a safe and courteous manner at all times. SNTransit & TransportationXAgreements - RFP's\PPse1 contracislScope of servtce_Parairansit 111.doc 5 8, Doors on unattended vehicles shall be Rept locked at all times_ 9. Paratransit drivers shall provide "hands-on" assistance to disabled riders for boarding and unloading purposes. 10. No vehicle shall be fueled while passengers are on -board. 2.2.4. Wage Scale Contractor personnel shall be paid the following minimum pay scale per hour during the term of Agreement: RATES OF PAY LENGTH OF SERVICE FROM TO TRAINING RATE RATE PER HOUR Starting 0 Months 6 Months $10.00 $12.00 I 6 Months 6 Months 1 Year $12.50 1 Year 1 Year 2 Years $12.75 2 Years 2 Years 3 Years $13.00 3 Years 3 Years 4 Years $13.50 4 Years 4 Years 5 Years $13.75 5 Years 5 Years 6 Years $14.00 6 Years 6 Years 7 Years_ - $14.50 7 Years 7 Years 8 Years $15.00 8 Years 8 Years 9 Years $15.25 9 Years 9 Years 10 Years $15.75 10 Years 10 Years 11 Years $16.00 11 Years 11 Years 12 Years $16.25 12 Years 12 Years 13 Years $16.60 2-2.5 Uniform Specifications and Appearance Standards a. Uniform Specifications The Contractor shall develop a dress code that will be subject to City approval. Such dress code will feature, at a minimum, both shirt/blouse and slacks (standardized dress shorts permitted with prior approval from the City). Drivers shall wear nametags clearly displaying their names at all times while performing their duties. Uniforms shall clearly display (separately) both the name of the contracting firm and City of Petaluma Transit Each driver shall have an accurate timepiece available and in clear sight at all times during vehicle operations. This code shall include shoes that shall be solid, plain -tae military style oxford. Low- cut and high -top tennis shoes are not permissible. Suede shoes, sandals, cleated, or open toe shoes will not be permitted. Consideration for safety must be applied to all dress code elements_ b. Appearance Standards SATransfl&Transputaiion"greernenls - RFP'sWPSC CaniracisLScops ai Servlce_Parairanall 1_11.doc 6 At all times while on duty, drivers shalt be well groomed, clean and in complete uniform. Drivers shall conform to the following standards of appearance at all times while on duty or when in uniform. All drivers must be neat In appearance, uniform clean and pressed, shoes shined, hair clean and neatly cared for. 2.2.6 Removal The City may require the Contractor too immediately, pending Investigation, remove any driver from City of Petaluma Transit service for any one of, but not necessarily limited to, the following: O Commitfing unsafe or inappropriate acts while providing service. a Revocation, suspension, or non -renewal of a valid California driver's o license or Conviction of any felony criminal offense. 0 Unacceptable customer service as reported by customers, other drivers, or directly observed by City staff or agents thereof. In Operators not in the approved uniform. 2.3 Personnel The Contractor shall furnish all operators, porters/bus washers, dispatchers, supervisors, mechanics, administrative personnel, and other personnel services necessary for providing the transportation service in accordance with this Contract. The City of Petaluma reserves the right to review the resumes of management personnel assigned to this Contract. Contractor's Project Manager shall meet weekly With the City's Project Manager or as needed. As part of this proposal, Contractor shall include proposed driver, dispatch, training and safety, road supervisor, support personnel, bus porter, and project manager wage and benefit packages which will be offered to each of the above employment classifications upon contract commencement. 2.3.1 Required Management Personnel The Contractor shall provide 1.0 FTE Project Manager, a 1.0 FTE Mechanic and a 0.5 FTE Road Supervisor, both dedicated solely to this Contract. The Contractor shall provide supervisory personnel on duty prior to driver rollout: to assure complete route coverage/schedule adherence. All cleaning and other personnel that work after service hours shall be appropriately supervised. Contractor must include complete employment history and resume materials for the project manager being proposed. This position is critical to the success of the operation and significant scrutiny of the proposed project manager is to be expected. 2.3.2 Supervision Contractor shall employ a full time General Manager who is responsible for all day to day operational, maintenance and safety duties. GM shall supply the City with a weekly schedule that varies in time and day to insure proper supervision is give over the course of the service day. GM shall meet with the City of Petaluma Transit manager on a weekly basis to communicate any Issues regarding transit operations. Additionally, The s:%Transit & Transporta►IonlAgresmants - RFP's\PPSG can1rac1sl5anpe of Servfce_Patairansit 1_1 talon 7 City of Petaluma shall require to meet with the General Managers supervisor, be it Mice President or Executive director etc, on a monthly basis to insure all terms and conditions of this contract are upheld and to give the contractor and City an opportunity to discuss any issues they may deem necessary. 2.3.3 Dispatching/Radio Control The City will provide radios on all City of Petaluma Transit revenue vehicles. The Contractor will provide adequate dispatch and radio monitoring personnel to enable effective driver/vehicle assignments and prompt responses to driver and/or vehicle problems that could impact City of Petaluma Transit service. The City will provide the baste station and accessories. 2.3.4 Road Supervision: Contractor shall provide a half FTE or (1040 hours annually) of on road supervision. The road supervisor shall submit road observations reports to Transit Manager on a monthly basis. City shall have the right to direct the road supervisor to assist with special projects in conjunction with his /her duties with prior written request to contractor. Including the monitoring of schedule adherence, on -street operation, and on -route compliance. This supervision will include conducting ride checks (on -board) to ensure operator adherence to procedures (i.e., fare collection, ADA compliance, and passenger relations). Such supervision will also include responses to investigation of accidents. The City also reserves the right to provide similar investigations and adherence checks of its own without notice to ensure compliance with terms of the Contract. 2.3.0 Safety and Security The Contractor shall take all -reasonable and necessary precautions to provide security for any equipment provided by the City, as well as for records of City of Petaluma Transit operations. Contractor shall be responsible for safety and security of passengers during operations and for ail related equipment and facilities. Contractor shall include specific procedures In the proposal, which define the safety and security program for the City of Petaluma Transit service. Safety and organizational meetings shall be held with all employees at least once per month_ Contractor shall report all hazardous conditions (e.g., trees, signs, road conditions, etc.) in the service area to the City and any other appropriate authority and take necessary precautions to safeguard passengers, personnel and equipment Contractor shall not permit drivers to bear weapons of any type on Contractor, or City property, facilities, or onboard vehicles while operating a vehicle under the terms of this agreement. 2.3.5 Injury and Illness Prevention Plan Contractor shall maintain and provide a copy of the firm's Injury and Illness Prevention Plan in compliance with Title 8 of the California Code of Regulation, Sec. 3203. S -.\Transit & Transpdrtat€onlAgresments - RFP'sTPSC Carttractsl5cope of servlee_Pamiranslt 1j i.doc 8 2.4 City -Furnished Vehicles The Contractor shall be initially provided with nine (9) fixed -route vehicles, and three (3) demand -response vehicles will be provided, with contractor providing three of their oven vehicles. All City of Petaluma Transit vehicles are equipped with air conditioning and wheelchair/patron lifts. An adequate number of vehicles will be made available to the Contractor to assure at least a twenty percent spare ratio. Contractor may utilize City -owned vehicles for driver training. See Appendix C for January 2006 Fleet Roster. The Contractor shall pay for all fuel and repairs unless the repairs arise/result from Contractor negligence. It is the City's responsibility to determine negligence and would be based on common transit industry practices. The City reserves the right to add/subtract or substitute vehicles for those described In Appendix C as long as they meet or exceed the current fleet condition. The City will not provide Contractor with any non -revenue vehicles to conduct daily non - revenue service tasks. Contractor shall be responsible for providing any non -revenue vehicles that may be desired for running of errands, field review of operations, or shuttling of drivers, etc. 2.4.1 Transition of Vehicles City and its agents will jointly inspect each vehicle with Contractor and sign off on the original inspection sheet from when the Contractor originally inspected and accepted the vehicles. After the City has accepted the vehicles, an inspection acceptance form will be generated at that time. It is the sole responsibility of the Contractor, at its expense, to ensure all City vehicles are in good operating condition, free of damage and/or neglect both inside and outside. Should the Contractor fall or refuse to meet this requirement, the City may, at its option, make repairs at Contractor's expense. 2.5 Operating Mode The City will provide all vehicles, maintenance, and fuel required for scheduled service. The Contractor Is required to provide the necessary drivers, supervisory/management services, and all other goods and services needed to provide the services described in this Scope of Services unless expressly stated that such goods and services would be provided by the City. 2.5 Faciiities The Contractors may occupy and perform services as required by this contract from the City's Public Works facility located at 555 North McDowell Blvd. Contractor(s) shall share this work place with City staff assigned to the Public Works facility. To further this requirement, Contractor shall enter Into a lease with the City at least thirty days before the term of this contract begins. The lease shall specify reasonable rules and regulations for Contractor's use of the facility and shall provide for nominal rent of one dollar per month. S:Wranslt $ Transportagon\Agreemenis - RFP MPPSC Contracts\Scops or Servlce Paratranslt 1_1 i.doc 2.7 SoffwaralHardware The Contractor will be required to supply all administrative office software, paratransit trip scheduling software, and, all computer hardware for this contract. Thls system shall enable the Contractor the ability to track: name, address, telephone numbers of City of Petaluma Transit demand -response customers, destination and requested arrival time, vehicle number serving trip, estimated passenger pickup time, no shows and cancellations, and customer and vehicle histories. 2.7.1 Fare Collection The Contractor shall collect the fares and charges that may be established by the City. Contractor shall be responsible for all fare collection and reconciliation activities, safeguarding and deposiEng all fare revenues in a dedicated account as directed by the City, and for all fare/revenue reporting_ The Contractor shall be required to provide the City with the following materials or information: • Fares collected (which shall be reported monthly (by day), then deducted from monthly involces). Fare boxes (vault -style) shall be provided by the City and maintained by the Contractor. The City utilizes bottom -loading, non -electronic fareboxes. The City reserves fie right to approve any fare collection/security system implemented throughout the contract term. The City reserves the right to examine the books of fares collected at its discretion, including retaining the services of an independent third party auditor. 2.7.2 Farebox Revenue Too satisfy the Transportation Development Act requirement that fifteen per cent (10%) of the monthly operating cost is obtained from farebox revenues for Paratransit. Any shortfall in the fifteen per cent (1013%) required for Paratransit transit service shall be paid by Contractor at year's end. 2.7.3 Telephone Information Service Contractor shall provide customer information service to the public in English and Spanish during all hours of system operation. In addition, Contractor shall take demand - response reservations every day (including Sunday) during regular operating hours. Contractor shall also install and maintain a TDD system for the hearing impalred for both each service. Contractor shall keep a log of all calls and submit to City any complaints and the appropriate resolution. City shall provide for Contractor sufficient telephone lines dedicated to the City of Petaluma Transit operation to ensure effective communications. SATransit !k Transpartallun\Agreements -, RFP's\PPSG CentractslScope of servlce_Paratransil 1_1 1.dar . - 10 �u • Miles between roadcalls • Miles between maintenance roadcalls • Number and percentage of missedliate pull-outs • Number and percentage of missed/late trips • Number and percentage of on-time performance • Number of complaints/1,000 passengers • Total accidents/100,000 miles m Collision accidents/100,000 miles • Total preventable accidents/100,000 miles • Passenger accidents per 100,009 miles a Pass sales activity at dispatch office Wheelchair boardings Drug and Alcohol tests • DrlverlDispatcher Training Activities • Driver Evaluations ® Requests for services not currently provided OL Ridership counts by day, mode, route, and fare type 2.9.4 Customer Complaints Contractor will contact by telephone, or follow up with written correspondence if nocessary to the complaint. If an investigation is required, Contractor will conduct an investigation and the initiator will be contacted by telephone or written correspondence regarding the results of the investigation_ Contractor shall respond to customer complaints within two (2) business days of receipt. The Contractor will be required to track and report to City all complaint information within twenty-four (24) hours of receipt: of complaint. 2.9.5 NTD Reporting All public transit service provided for City must be reported annually to the Federal Transit Administration (FCA) in a compietbd National Transit Database (NTD) report. As part of the annual NTD reporting requirement, the Contractor shall conduct on -board data sampling each year as directed by the FCAINTD, to statistically compute valid passenger mile data. The Contractor agrees to use the technique described in FCA Circular C 2710.1A (dated duly 18, t 98B). The Contractor shall submit the dally random - sample trip sheets no later than the tenth (I Ou) calendar day for the previous month's sampled trips. The Contractor shall prepare a quarterly report of the random trips to be submitted no later than thirty (30) days after the end of each quarter and prepare an annual summary to be submitted no later than thirty (30) days after the end of the fiscal year. Contractor shall be responsible for ensuring that all reported NTD data meets FTA requirements and definitions. Contractor shall be responsible for maintaining the most recent NTD data collection procedures. The monthly, quarterly and annual reports shall be considered missed If not submitted to City by the tenth (1011) calendar day or thirty (30) days after the and of the quarter or fiscal year, respectively, and be considered a cause for termination (default) of this Contract. Contractor shall conduct any mandatory sampling that NTD may require of City of Petaluma at any time during contract term. 5:Wranslk &.TransportallonlAgreements - RFP's1PPSG ContractsWcope of Servlce_Faratranslr 1_11.doc 12 2.9.6 Drug -Free Workplace Policy The Contractor is required to develop and Implement procedures that comply with the City's Drug -Free Workplace Policy and applicable FTA requirements. (Refer to Appendix B.) 2-9.7 Performance Specifications All performance specifications will be strictly adhered to In order to provide the highest level of service possible. The City reserves the right to monitor the Contractor in its performance of the Contract to ensure all performance specifications are adhered to. To receive full compensation, the Contractor is required to meet or exceed the fallowing standards of performance on a monthly basis: 2.9.7.1 Oaeratina Performance Standards - Vehicles shall be operated with due regard for the safety, comfort, and convenience of passengers and the general public. Service shall be provided as scheduled or according to any adjusted schedule established by City, including route modifications required as a result of a declared emergency. The Contractor shall strive to maintain on-time performance of 95% or greater measured from 15 minuets before the scheduled pickup time to 15 minutes after the pick-up time, however, Contractor shall not be held responsible for the failure to provide on-time service due to weather, unavoidable vehicle malfunctions, or naturally occurring disasters, if sufficient documentation is provided to City. 2.9.7.2 Personnel Performance Standards - Regularly assigned drivers and one (-I) trained extra board (EB) back-up must be available at all times of City of Petaluma Transit operation to ensure consistent and reliable service under the Contract. The EB driver may perform other duties related to the operations of City of Petaluma Transit while on duty, provided that he/she is available for relief driving at any time. 2.9.7.2.1 All personnel are responsible for knowledge of the service. Project personnel must maintain a courteous attitude, answering to the best of their ability, any questions from the public regarding the provision of service. Customer service training must Include a focus on positive customer relations. Personnel must report customer complaints and/or operational problems to the Contractorrs Project Manager who will be responsible to inform the City. All customer complaints must be reported to City within twenty-four (24) hours of being received. 2.9.7.2.2 Drivers must accurately and completely submit the required operating reports each day. 2.9.7.2.3 Contractor must keep vehicles clean both exterior and interior on a daily basis. A cleaning schedule must be provided to City once a month with operations reports S_1Translt & Transportatlon\Agraernenfs - RFP's1PPSC Conlracls\Scopanf Servlce_Paratransit 11 i.doc 13 30 2.9.8 l_iouldated Damaaes /incentives City has the right, in its discretion, to impose liquidated damages in accordance with this section. The Contractor shall have the opportunity to contest any liquidated damages 2GSeSS2d, but this shall not affect the right of the City to deduct the amount of liquidated damages from the monthly invoice, during the month of which the LD occurred, amount due the Contractor. City may assess liquidated damages latter than the time of payment of current Invoice due to incidents not know or reasonably could knot have been known to Contractor or City and reported to or discovered by the City or Contractor at a latter date. L One hundred dollars ($100.00) for each time the following default occurs: Failure of any non -trainee driver to wear an approved uniform while on duty_ All drivers who have completed their introductory training must be in uniform whenever they are on duty. ® Fifty dollars (;50.00) per trip for each failure of a driver to announce major intersections, transfer opportunities, and major activities as required by the ADA. The Contractor shall deduct from its billing rate any missed hours of revenue service regardless of assessment of liquidated damages. Failure of the City to assert any right which it has under any resultant contract, or to assess any liquidated damages as provided, shall not act as a waiver as to the City's right to enforce the provisions of said Contract, or assess liquidated damages in the future. The assessment of liquidated damages and/or deductions as provided under any resultant Contract shall in no way relieve the Contractor of its obligation to provide sufficient service, vehicles, or drivers, or to meet any of the terns of this Request for Proposals. Fifty dollars ($50.00) per each missed trip that was in control of the Contractor. The maximum liquidated damage in any month shall not exceed one thousands dollars ($1000.00) 2.10 Marketing and Public Relations The City shall be responsible for all marketing and public relations activities relating to the City of Petaluma Transit program or service. The City shall furnish all schedules, maps, transfers, passes and other printed materials required for marketing the service. The Contractor shall distribute City of Petaluma Transit onboard notices, cooperate and participate in marketing, promotion, advertising, public relations, and public education programs and projects undertaken by the City from time to time. City shall be the exclusive public media contact in connection with the City of Petaluma Transit program. Under no circumstances shall the Contractor or its employees be permitted to distribute any unauthorized printed or written materials without written permission from the City. &\Transit & TranspaftlonlAgraemen[s - RFFs1PPSC Cantracis\Seope,ot Setvice_Paratranslt 1�1 Uar 14 31 2.10.1 Advertising on Exterior and Interior of Buses The City may, during the course of this Contract, require the Contractor to allow vendors contracted by the City access to vehicles assigned to this contract to install and remove advertising material. All advertising materials will meet uniform size requirements, and are subject to City approval prior to being installed. 2.10.2 Signage Contractor shall display required head signage, in plain view, in all City of Petaluma Transit vehicles, while in revenue service. 2.11 Operating During an Emergency In the event of an emergency, Contractor shall deploy vehicles in a manner described by the City. Emergency service does not constitute an expansion of service. City she be obligated to compensate Contractor for emergency service that significantly exceeds the normal expense of operating the transit service during such period of declared emergency. 2,12 FEDERAL, STATE LAW COST INCREASE In the event of any change in Federal, State or Local law, rule or ordinance which has the effect of increasing or decreasing CONTRACTOR's operating costs, including but not limited to an increase in the minimum wage or healthcare and overall benefits cost, CONTRACTOR and CITY shall meet to discuss- the impact of these costs and may, subject to the approval of CITY and CONTRACTOR, negotiate adjustments to CONTRACTOR'S rates. Should the CITY and CONTRACTOR be unable to reach an agreement to increase CONTRACTOR'S rate to offset the increased costs, CONTRACTOR may terminate the Agreement with 30 days written notice, The CITY acknowledges that CONTRACTOR'S termination due to inability to recover additional costs imposed is reasonable. S-%Translt $ Transportatton\Agmements - RFP's1PPSC Contrauis\Srope of Service Paratransit 1_1i.doc 15 3� ATT ACHMENTS Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 Attachment 10 APPENDICIES Agreement - Including Federal Requirements (Exhibit A) Certification of Primary Participant Regarding Debarment, Suspension and Other ineligibility and Voluntary Exclusion Certification of Restrictions on Lobbying Buy America Certificate Bid Protest Procedures Current Contract City of Petaluma Transit Operations Reports Incumbent Contractor Wage and Benefits Levels RFP dated March 8, 2006 Contractors response.to RFP dated April 18, 2006 Appendix A NTD Reporting Requirements Appendix B Drug & Alcohol Testing Program Appendix C City of Petaluma Transit January 2005 Fleet Roster Appendix D City of Petaluma Transit service brochure Appendix E City of Petaluma Operations Cost Table SATranslt E. Transpwlalfor)lAgraemenls - RFP sIPPSC CantractsNScapa of 5enrfca_Paratransit 1 _11.dac 16 33 APPENDIX B CITY OF PETALUMA FEDERAL DRUG AND ALCOHOL TESTING REGULATIONS CONTRACTOR COMPLIANCE GUIDELINES SATran5lt & TranspertaticnlAgreements - RFP'sIPPSG Contractsl5ccpe of 5ervlce_Paratrans€f 1_1 l.duc 17 3q Petaluma People Services Center Wage Scale SeniorityYear 1 Year 2 Year 3 .... Training}late $ "10.0 $ .........10.00 ' $ 10.00 In -Service Start 12.00 $ 12.00 $ 12.00 6 Months $ 12.50 $ 12.50 $ 12.50 1 Year 12.75 $ 12-75 $ 12.75 2 Year $ 13.00 $ 13.00 $ 13.00 3 Year 13.50 $ 13.50 $ 13.50 4 Year $ 13.75 13.75 $ 13.75 5 Year $ 14.00 $ 14.00 $ 14.00 6 Year $ 14.50 $ 14.50 $ 14.50 7 Year $ 15.00 $ 15.00 $ 15.00 a Year $ 15.25 $ 15.25 $ 15.25 9 Year $ 15.75 $ 15.75 $ 15.75 10 Year $ 15.00 $ 16.00 $ 16.00 11 Year $ 16.25 $ 15.25 $ 16.25 12 Year $ 16.50 $ 16.50 $ 16.50 PPSC Average ©rivers Wage ear 1 JYear 2 Year 3 Average Wage 14.05 iA.05 $ 141{]5 1 PPSC Stat Wages -Year 1 10enaral Manager $ Dispachers $ Road Sup $ Shop Forman Utility Year 1 = 7/1106 to 6130107 Year 2 = 7/1107 to 6/30/08 Year 3 = 711108 to 6130109 Year 2 Year 3 19229 $ 20.25 $ 21.27 14.00 $ 14.50 $ 15.00 14.00 $ 14.50 $ 15.00 Signature;.. 1111/2007 Paratransit Price Pages 12_19 06 Final 09 94i 9i.■ -- i PPSG Paratransit Price Detail [Category Fiscal Year 206 - 2007 Fixed Variable Driver Wages $143,724 $143,724 Staff Wages $75,064 $75,064 Fringes - Drivers $65,400 $66,400 Fringes - Staff & General 1 Admin $27,643 $27,643 /insurance $25,500 $2D,400 $5,100 Operating Expenses $21,009 $21,009 Training & Safety $2,700 $2,700 Facility Client Provided Maintenance $36,359 $14,544 $21,815 Capital (depreciation) $0 $0 Interest $0 $0 General & Administrative $39,161 $38,161 ANNUAL TOTAL $435,560 1ANNUAL TOTAL Excluding Insurance $179,121 $231,939 Annual Units (Months/ Rev Hrs) 12 7500 Fixed Casts/ Revenue Hr Less Insurance $ 14,928.72 $30.93 Fixed Costs/ Revenue Hr Insurance $ 1,700.00 $0.68 PPSG Paratrarisit Price Detail Category Fiscal Year 2007 - 200B Fixed Variable lDriver Wages $146,116 $146,116 State Wages $78,318 $78,31 a Fringes - Drivers $67,570 $67,570 Fringes - staff & General / Admin $28,920 $28,920 Insurance $25,010 $20,806 $5,202 Operating Expenses $18,360 $16,360 Training & Safety $2,704 $2,704 Facility Client Provided Maintenance $37,160 $14,864 $22.,296 Capital (depreciation) $0 $0 Interest $0 $ 0 General & Administrativa $40,069 $40,069 ANNUAL TO'1i AL $445,227 ANNUAL TOTAL Excluding Insurance $183,235 $235,982 Annual units (Months/ Rev Hrs) R 12 7 500 Fixed Casts/ Revenue Hr Less Insurance $ 15,269.58 $31.46 Fixed Casts/ Revenue Hr Insurance $ 1,734.00 $4.694 S:`Tianslt &TransparlallanlAgmamanl, -FIFF'43P5C CanlracisSParnlrnn!tt Pike panes ip-1H-00 FinnAprim Paget Data: 9/1 112on7 A APPENDIX E PPSC Paratransit Price Detail Category f=iscal Year 2008 - 2009 Fixed Variable 1 Driver Wages $149,44-4 $1443,444 IStaff Wages $81,672 $81,67P- 81,672Fringes Fringes- Drivars $69,161 689,161 Fringes - Staff & General / Admin $30,250 $30,250 Insurance $26,530 $21,224 $5,306 Operating Expenses $18,717 $18,717 Training &. Safety $2,708 $2,708 Facility Client: Provided Maintenance $37,941 $15,176$22,765 Capital (depreciation) $0 $0 interest $0 $0 IGeneral & Admfnistrative $42,072 $42,072 IANNUAL TOTAL $458,495 ,ANNUAL TOTAL Excluding Insurance $190,s95 $241,374 Annual Units (Months/ Rev tars) 12 7500 Fixed Casts/ Revenue Hr Less Insurance $ 15,882.95 $32.18 'Fixed Casts/ Revenue Hr Insurance $ 1,768.67 $0.707 Signature:: l,.. l S,wmnall & rmm-pwm11ankA9rvam¢nm - FEFFsTPOC Can1rad4U-nmtmns1t PIIm Paws V-19238 38 FlnaltPdro Pape. Data: 1111/2007 3-7 Payment Schedule City of Petaluma Paratransit Services Petaluma People Services Contract Period Monthly Fixed Fee (combined with Insurance) Revenue Hour date (combined with Insurance)" Not to exceed Number of Annul Revenue Tours 7500 Definition of revenue hours shall be from the time the driver leaves fhe transit maintenance and operations facility to the time he /she returns: except for lunches, breaks, fuel time and any gap In the schedule that is greater than forty five minuets (45). Advance Payment. The contractor may submit an lnvolce by the first of each month for the fixed monthly fee. 1/11/2007 Paratransit Price Pages -12_19_06 Final 711/06 to 6130107 15,628.72 $ $31.61 $4-36,560 711/07 to 6/30108 17,003.58 $ $32.16 W5,227 7/1/08 to 6/30109 17,651.62 $32.89 $458,495 g � na ure f I OG/2B12006 PgoDticER Serial'# 100140 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION F=RS NOGHTS UPO C PHILADELPHIA INSURANCE COMPANIES ONLY AND CON R1 N THE ERTIFICATE HOLIER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR MAGUIRE INSURANCE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 2300 CLAYTON ROAD, SUITE 1330 - - - CONCORD, CA 84520 INSURED PETALUMA PEDPLE SERVICES 1500 PETALUMA BLVD. SOUTH PETALUMA, CA 94952 INSURERS AFFORDING COVERAGE NAIC# INSURER A: PHILADELPHIA A INDEMNITY INS CO 18058 INSURER B: INSURER C: INSURER D: I I INSURER E: k COVERAGES .. _,..---..........,...,,., .,....,....__., AAAA _....._.__...... .,..,.... ,.,, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED T4 THE INSURED NAMED AOOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CEPTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS .AND CONDITIONS OF SUCH POLICIES, AGGPtEGATE LlMri S SHUWN i%iKf HAVE nccid REDUCED GY PAID C,.; IMS. IINSR App'). TYPE OF INSURANCE POLICY HUN113ER POLICY EFFECTIVE 'POLICY EXPIRATION LIMITS LTR HSRG - ___-_-__--- —_- - DATEIMMIi]plYYl DATEIMINDd1YY1 GFNERALLIABILITY EACH OCCURRENCE s 1,000,000 A X C04IMERPJAL GENERAL LIABILITY PHPK172022 0710112006 07/01/2007 I nR M1sE301F ENT uEDancot s 100,000 �l CLAIMS MAGE =V L;:jj OCCUR jMED EXP (Any nrie prmun) 5 5,000 GEN'L AGGREGATELIMITAPPLIESPER 7 POLICY 1 1 RE O F --j LoG AUTOMOBILE LIABILITY PHPKl72022 A ANY AUTO ALL OVO4ED AUTOS _ SCHEDULED AUTOS Xi HIRED AUTOS X NON -OWNED AUTOS 5 2,000,000 GARAGE LIABILITY I ANY AUTO EXCESSAJ416RELLA LIABILITY 7 OCCUR Q CLAIMS MADE ' DEDUCTIBLE PERSONAL I?. ADV INJURY 5 1,000,000 I� GENERAL AGGREGATE 5 2,000,000 ANY PROPRIET'ORIPARTNJMrEXE,:;LMVE PRODUCTS - COMPIOPAGG 5- 2,000,000 (I 07/0112006 07/01/2007 COMBINED SINGLE LIMIT S 1,000,000 (Es accident) OTHER PHPK172022 07/01/2006 07/01/2007 BODILY INJURY S PROFESSIONAL LIABILITY (Perpersvn) DESCRIPTION OF OPERATiON5lLOCATiONENEHICLE5iEXCLUSIONS ADDED BY ENggRfiEfAENT15PEClAL PROVISIONS BODILY INJURY S CG2026 AND CG2011 ATTACHED. [PEr accident) PROPERJY DAMAGE S (PEf aCti enq AUTO ONLY- EA ACCIDENT S OTHER THAN EA ACC 5 AUTO ONLY: AGG 5 EACH OCCURRENCE S 1AGGREGATE S ' DEDUCTIBLE I j S RETENTION S ` 5 - WOR1[ER'S COMPENSATION AND ( 1 I TORY LIMTr5 I DOER EIAPLDYERS' LIABILITY jj -- ANY PROPRIET'ORIPARTNJMrEXE,:;LMVE I EL EACH ACCIOEhlT 5 - OF510EFUMEMBER EXCLUDEW EL DISEASE• EA EMPLOYEE 5 If yes, describe under SPECIAL PROVISIONS be!ow EL DISEASE- POLICY LIMB S OTHER PHPK172022 07/01/2006 07/01/2007 A EMPLOYEE DISHONEST $5n,0001$S00 DED PROFESSIONAL LIABILITY $1,000,0001$2,000,000 DESCRIPTION OF OPERATiON5lLOCATiONENEHICLE5iEXCLUSIONS ADDED BY ENggRfiEfAENT15PEClAL PROVISIONS THE CITY OF PETALUMA, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED IN RESPECTS TO THE PARATRANSIT SERVICE AT LOCATION 555 N. MCDOWELL BLVD., PETALUMA, CA PER THE ATTACHED CG2026 AND CG2011 ATTACHED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XPY1 cAU)6)l }�C�I MAIL qo DAYS WRI3TEti CITY 01= PETALUMA. PUBLIC FACILITY & SERVICE FOR PARATRAN5IT SERVICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTXBX I KNCr Wll600LY 556 NORTH MCDOWELL BLVD. D`aHCIsXIIS�C�1�C?V�D[l'Xax](Y.x PETALUMA, CA 94954'fr'1X�ftI�S5CX7C ATTN-. SHERRI BIMSLER AUTHORIZED REPRESENTATIVE AC13RD 25 (2001108) © ACORD CORPORATION 13 e� f t- z u-� (9-f o POLICY NUMBER: PHP1<172022 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. _ ii ` i 1 - �; L This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) CITY OF PETALUMA, PUBLIC FACILITY & SERVICE FOR PARATRANSIT SERVICE information required to complete this Schedule, if not shown above, will be shown in the Qeclarations. Section it — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ACORD,,, CERTIFICATE OF LIABILITY COVERAGE °"T� U5-1u1-?QQG � PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY Driver Alliant Insurance Services, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TheTransamerica Pyramid THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER. THE 500 Montgomery Street_ 9"' Floor Phone: (417) 403-1400 COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco. CA 94111 Fas: (415) 402-0773 III INSURERS AFFORDING COVERAGE INSURED I INSURER A! 1,1011proti€5 Unite vuhic[e IiisumlicePool Petaluma People Services Center INSURER B: 1500 Petaluma Blvd- So. #A Petaluma. CA 94952-5521 INSURER C: WISURER O: INSURER E: COVERAGES T ]its Certificate is not Intended tB specify all endorsements. Coverages, terms. cflr€dilians and exclusions of the policies shown_ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOtNG ANY REOUIREMEDrr, TE,.RIvI OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEI, r WITH RESPECT TO WHICH THIS CERTIRCA iE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. €NSR f TYPE OFPOLICYNUIdBER LTR f _ -. . _ �--- POLICY POLICY (( EFFECTNEDATE EkP_IRATi0t10ATS j--„.,....-. LIMITS - -- .. _. .._,_ -- - jl GENERAL UABILRY ..... 11 EACH. OCCURRENCE COMMERCIAL GENERAL LIABILITY FIRE DAMAGE CLAIMS MADE OCCUR MED E'EPEf;�E IAny nne person) $ GENERAL AGGREGATE LIMIT APPLIES PER: P-r:SONAL 8 ADV INJURY 4 {POLICY ` IPROJECT LOC GENERALAGGREGATE - - - PROOUCTS•COMPIOP AGG AUTOMOBILE LIABILITY COMBIrlEOSINGLE LIMIT $ 1,UU(7,0{30 - X ANY AUTO IEa�j acrrdenl) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS {Per person) 77 �--'7 - AI I)1 -Jul-2006 01 -Jul -2007111 HIREOAUTOS - BG17ILY INJURY $ l IION-O W NEO AUTOS (Per acddenl) ,$ OTHER PROPERTY DAMAGE is (Per acdclent) $ S jj OTHER - -- - I $ OTHER - .._... - DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECiALtPROVISIONS As respects Agreernent to Provide Paratransit Services: the City of Petaluma, its Officers, Agents, Employees and Servants are included as Additional Insured, per attached endorsements. Any Auto means any covered auto under the NPU Vehicle Insurance Program. CERTIFICATE HOLDER ADOrrIONAL INSURED; INSURER LETTER: CANCELLATION PPSC-00151 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORI4ED REPRESENTATIVE City of Petaluma Public Facilites and Services �f � 555 North McDowell Blvd. Petaluma, CA 941954 Attention: Slierry Pimsler - - —- G:'Sparc clienr•ind i:-rhlanPlolils' Urlilcd:CenilicILes - VIP' -0667 CerisCembineri NPU VIP 0b07 TmnVIn;e.dnc 9ACORD CORPORATION 1988” t L�-Ai le Lm-Ail"T- 01�lt 0 NonProlits' United. Vehicle Insurance Pool Vehicle Liability Insurance Additional Insured Endorsement Corresponding Cert. No.: PPSC-0015 The Who is Covered section of your Vehicle Liability Insurance is changed by adding the following: 1Vho is Covered includes any person or organization from wborn you have leased an auto, from whom you have received funding for your operations; or for whom. YOU provide services- These persons or organizations are protected; if they require to be named, and you agree to name thein, as an additional insured, if indicated on the attached Certificate of Insurance, but only with respect to liability arising out of the ownership, use, ]maintenance, loading or unloading of a covered auto. Cancellation: If we cancel your policy; we will snail a notice of cancellation to those persons or organizations named as additional insureds shown on the Certificates of.Insurance. Premium Payments: Those persons or organizations are not responsible for paying premiums for your insurance. Insured and Policy dumber: Effective Date: Authorized Representative: As shown on Certificate of Insurance attached. July 1, 2006 Cl :t 11OTC1CIFL'E111.lO[]ll�-nt`ItSRPCalifS� Uni1td1Ce11l11CO10S - VIP1_0607 CertSTO1t1U1acd MPIJ VIP 0607 Template.doc CSI T ACORDI„ CERTIFICATE OF WORKERS' COMPENSATION COVERAGE I DATC(M).1ODt"I - -- ALP 0ONLY-EA ACCIDENT l2/28/Z406 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY PRODUCER AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Allianz Insurance Survices. Inc. THIS CERTIFICATE DOES NOT AMEN, EXTEND OR ALTER THE S I COVERAGE AFFORDED BY THE POLICIES BELOW. The Transamerica Pyramid I AGGREGA TC 600 lvlontgpmery Street. 9`I` Floor INSURERS AFFORDING COVERAGE San Francisco. CA 911 1 1 Phone: (415) 403-1400 Fix: (115) 402-0773 INSURER A. Non Profits' United WDTILtrs' CompenSution Group I INSURED INSURER B: SDfew National Insurance Company I Petaluma People Services Center IE INSURER C. 1500 Petaluma Blvd. South ff A I INSURER O� Petaluma, CA 94952 ' _-- ___----__---- -_-- I IIJSURFRE: COVERAGES This Cenlficale is nal Intended to Speply All endorsements, cnuampa, toms. conditions and eur„insions e1 the paliGfls shown. TME POLICIES Or INSURANCE LISIhi) BELOW HAVE BEEN ISSUED TO TIME INSURED NAMED ABOVE FOR LHE POLICY P1=HIOD tNOICATL-D, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 1AAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITiOrtS OF SUCH POLICIES. AGGREGATE LIM17S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE UMaER POUCYNCTIVE LIMITS LTRGENF_R4LUABI0 � EXPIRATION - WOOfYYI OATE1MrIDDNYI ---- -- EACJiOCCURREI.ICE---- 3 I COMIAEiRCIALGENERAL UABILITY FIRE DAMAGE (Any one 11MI 5 i f j CLAIMS MADE I I OCCUR MED EXPENSE {try¢eW1331 S PERSONAL& ACV INJURY i 5 I GENERAL AGGREGATE 5 - GENT AGGREGATE1_111APPLIESPER: { PRGDUCtS-r4YP1OPAGG S POLIC'r I JECT I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 IED alsadsnl) ANY AUTO I 5 !4 ALL OVN4EI3 ABIOS DDINJURY 15 tPerpDa-ran!1L't SCHEDULEOAUTOS S I HIREDAITDS BODILY INJURY S I NON•OWNEOAUT05 (Pnramdenil 5 1 PROPERTY DAMAGE S y 1 (Per amdent) I GARAGE LIABILITY IANY AUTO EXCESS LIABILITY OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION WORKERS' COMPENSATION AND EMPLOYERS LIABILITY A OTHER B Excess Worker's Compensnlion NPU-WCGOU 2GU7 111/07 SF- 1FBI -CA 1/1107 DESCRIPTION CF OPERATICINSILOCATIOIJSIVEHJCLESIE XCWSIONS ADDED BY EtJOORSEMENTISPECIALJPROVISIOIJS Evidence of Worlcrm' Compensation Coverage CERTIFICATE HOLDER I I ADOIT1ONALINSURED;INSURER LETTER' NPU�PPsc•01)5 City ofPelaluma Public Facilities L Services 555 N.McDowell cDowell Blvd., PelalulnD, CA 95954 ATTN: Sherry ACORD 25-S (7197) TDACSRID OCV,ASTEn Cenifieav nr Uaboity laseuermem ACOW25.5 I 111hR I/I,08 YPC STATU- l GTH. TORYLIMITS I ER ! E.L EACH ACCIDENT 5 500 DOD E -L DISEASE -EA EMPLOYEE S500,00 E.L. DJSEASE -PDUCY LIMIT S500.0110 S25, 04x,000 %S500.000 WC .S500,000 xs $500,000 EL CANCELLATION - attVuLrJ IIf/S Ur Itt=AnLUC IJCSLhIIGC,I YULILIW !1C LA[iLnLECd i1CYi111t Ir,C G7.YlItAllUii DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO IAAIL 313 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL rtpOss NO 1 OauGATION OR LIABILITY OF ANY HIND UPON THE ItISURF.R, ITS ALERTS OR REPRESENTATIVES. AUTHOZED REPRESE TIVE RI -^' O ACORO CORPORATION I 98 q3 15 I - - -- ALP 0ONLY-EA ACCIDENT - 5 OTHERTKUI I EAACC 5 AUTOONLY: AC-G S I EACHOCCURRE14C S I AGGREGA TC 5 S I NPU-WCGOU 2GU7 111/07 SF- 1FBI -CA 1/1107 DESCRIPTION CF OPERATICINSILOCATIOIJSIVEHJCLESIE XCWSIONS ADDED BY EtJOORSEMENTISPECIALJPROVISIOIJS Evidence of Worlcrm' Compensation Coverage CERTIFICATE HOLDER I I ADOIT1ONALINSURED;INSURER LETTER' NPU�PPsc•01)5 City ofPelaluma Public Facilities L Services 555 N.McDowell cDowell Blvd., PelalulnD, CA 95954 ATTN: Sherry ACORD 25-S (7197) TDACSRID OCV,ASTEn Cenifieav nr Uaboity laseuermem ACOW25.5 I 111hR I/I,08 YPC STATU- l GTH. TORYLIMITS I ER ! E.L EACH ACCIDENT 5 500 DOD E -L DISEASE -EA EMPLOYEE S500,00 E.L. DJSEASE -PDUCY LIMIT S500.0110 S25, 04x,000 %S500.000 WC .S500,000 xs $500,000 EL CANCELLATION - attVuLrJ IIf/S Ur Itt=AnLUC IJCSLhIIGC,I YULILIW !1C LA[iLnLECd i1CYi111t Ir,C G7.YlItAllUii DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO IAAIL 313 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL rtpOss NO 1 OauGATION OR LIABILITY OF ANY HIND UPON THE ItISURF.R, ITS ALERTS OR REPRESENTATIVES. AUTHOZED REPRESE TIVE RI -^' O ACORO CORPORATION I 98 q3 _ a 4C INSCO INSURANCE SERVICES, INC. i,CUnderwriting Manager for: Developers Surely and indemnity Company Indemnity Company of California 17780 Fitch, suite 200 • Irvine, California 92614 • (949) 263-3300 PERFORMANCE BOND — PUBLIC WORK EFFECTIVE DATE: 7-1-2006 720635P EXPIRATION DATE: 6--30-2007 Bond No_ -PREMIUM: $437.00 "DUPLICATE ORIGINAL" KNOW ALL MEN BY THESE PRESENTS: That we, PETALUMA PEOPLE SERVICES CENTER As Principal, and INDEMNITY COMPANY OF CALIFORNIA a corporation duty authorized under the laws of the State of CALIFORNIA to become surety on bonds and undertakings, as Surety, are held and firmly bound unto TETE CITY OF PETALUMA As Obligee in the full and just sum of TWENTY ONE THOUSAND EIGtIT HUNDRED TWENTY EIGHT AND NO/1 Dollars, p 21, 828.00 ), lawful money of the United States of.Amedca, to be paid to the said Obligee, successors or assigns, for which payment, wail and truly to be made, we bind ourselves, our heirs, executgrs, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas the above bounden Principal has entered into a contract, 4 dated , with the Obligee to do and perform the following work, to -wit: YEAR DOOR—TO—DOOR PARATRANSIT SERVICES as is more specifically set forth in said contract, to which contract reference is hereby made; Now therefore, if the said principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and Virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Seated with our seals and dated this 30TH PETALUMA PEOPLE SERVICES CENTER i'rincipai day of ,NNE 2006 YEAR INDEMNITY COMPANY OF CALIFORNIA By CORINNE SULLIVAN Attomey-h-Fact STATEOF CALIFORNIA COUIVTYOF SONOMA on 6-30-2005 before me, SUZANNE M. LINDSAY, NOTARY PUBLIC (here Insert name and title of the officer) personally appeared CORINNE SULLIVAN personally known to me to be the parscn(il whose nameg) islam. subscribed to the within instrument and acknowledged to me that iWsheldgr.executed the same in- fierlb#n&authorized capacity((" and that by&l vherft*r signatureo on the instrument the person(, or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official sea] Signature l.L . ; 11-'1�L��� ` �l�Lt�►�� ' (SEAL) OPTIONAL SUZANNE M. LINDSAY o COMM. #1678701 9 NOTARYPUBUC-CAUFORNIA Q SON€]MA COUNTY ;--• 0My COMM. expha JUIV 96,:01a ...v... r...."r..,,W . Thfs area Jnr QJJicial Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TR-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL W ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(G) OR ENTMY(IE5) ID -1232 (REV. 1WOO) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT 0� PONVER OFA'I-i'ORNE-Y FOR 1. EVELE)PE16 SURETi` AND IND E ItiITY CONIPANY INDEMNITY C01VIPANYOF CALIFORNIA PO IJOX 1972?, fRVINh. CA 92f,23 t949) 363-301 KPI'MV ALL MEN liY'THESE. PRESENTS. than except as capressly tinkled. DL•VI:LOPFRS SURETY AND I=NDI-NINFI-Y C04,111ANY and INDEMNITY C_t)It PAlN'Y OF CALIFORNIA. do each.litueby nlnke, cunstitule and appoint: ***Catherine A. Pinney, Bruce G. Olcrepkie, Wayne Shira, Corinne Sullivan, jointly or severally**:;- nc their true and hnvlill A11amcy151-in4Fact. to mak(, c%4lzulc, th liver and aeknowledtw. ror and on bvImif nTsaid (milt-wimis. as surt:1ic%- bunds. underinkiags :11111 rL1n1lJCLB nl SnreiVSbill _L'ivinL nad granlisig rmmn said Atulrncylal-ill-l=ast frill power and Ilnthrnity In do and In Pcrfilrm every nct necessary, rtyuisile or proper io be d,me In innneciiLin dlerrwilh as itch ill hald corpunnions could do. bill rcscrviim, Its enCll ill Said cnrpnrallnns 111111111%UCr ill tiltl)5111n 111111 Brill mwicalion. and Al Arlie nets mrsaid Allomeyf:.l-in-Face, pur;u:lnl to diese presents- are herelnv ratified and confirmed. 'I'llis Power ol'Amurncy iS gl-Unled and is sil•med by lacsintilc under and by atlhilrily 11f ill I0llnwiH&1 rCS7ll11it1ni adnplcd by Iiic respCef ve lftnrd of Directors of DEVRL011:16 5L` -RI TY ANI) INDEMNITY COMPANV and INDr.-NINTTY COMPANY OF CALIHMLKIA. etTcciivcas nrNuvember 1,'_1}1111: RES( 'il-VED. that the Cbuimlan of the rinard- the I'm%ident and any Vice PreSidenl OI Illi Ctirpnrntlnn be, and E11111 each L11-11)[111 hereby is. awliorized 1.1 ccLzlne Ptnvers Or Allitrney, t)nalirying the whlrlig(N) ri m ul in the Pnlver, ut-Anlinicy 10 cxeclne, nn Ileh;dl'nrlhe curpolruiuns. btalds. Olid nslltirlgs and eatlniClS tn*' L[ tlysbip; ntid chat the Secretary Lir sun• Assisunm Sccretaiv ol'thc t ol[lulatiusls tic, and each nrihcm hereby is, nLl0l0ri7.ctl to a11eSI the exeeufiut Of -1111y such Palver OrAmnrncy: RE50LVLD. FlJITHER. lint the sitpimures of such officers ]nay be atii%ccl in any Nuri POwer ni-Alturney ur to any Cerlilicnic rchiliog therein by hic%viidc, and any Rich Power of Almirnev or carti6eme bcarinv' mich hiLSiindC NiL mnlul"es shall bC valid Arid bllithn_ Upon 1I1L' Cnrllnt-atnln when tin ari'mcd and in the tiuurr lvilil respeel it, any bund. undertaking us- conlran ofsureiyabip ul tritich it is amichcd. 11i: WITNl:SS WHEREOF. DTVI=LOVERS SURI TY AND INDEMNITY CIINI IIAKY and INI)F:i1INITV COMPANY OF CALIFORNIA have Suvurdl_y caused these prescmtti to he siped by Ibcir w6pective E.Nectnlve Mice Pre-tiideni and unemed by their respLrline Sccrclnry this Isi day of Dcccltiber, 2005. AND jd& OANY� David H. Rbtdcs, I-secmlivc Vic(-Presidenl ;'Q Sc - Gfl app q b NVaiLer A. Crowell, Secretary STA'rLOF CALIFORNIA COUNTY OF ORANGE. 4 o' ._ $ ¢ T. �" QCT. 5 LU 10 =nE W 1957 1935 FQ� On I7cccrnbcr 1.'„{1115 berme Inc. Ciima L- Garner. Nolary I'u111ic Iberc insert tunic and tills nfflle 017ieerl, pet-SuMIly :tpptar�ll t)Ityid Fl- Rhodes and 1Valwi—A. Crotyell. personally kllnwii to nuc (or proved in nm un the batiis of satisiacwry L:%:ideRle) 111 be LIIC pct :tants) whow namc[s) is.are slibscrillcd to the within ininimient and acknl1 iud�ed to 11IL: 111.11 llc"51u1licy L•aeiuled the Name in hkilrl:l4licir a11Iiim i'f.L'd ellpacityfics), and flim hV IlIS111L'C:IhL'iF SIt.Ilalm fefS) on till' inatninlcni the per;nnis),csr the en lily upon tic hall of whi ll tI[e PCF OI11S) tided• etecrl l Cd the InsinlnlLnl- WITNI=SS my h:mld and Official SMA. 1 Sip,n:nurc 632,za- ;:/, GINA L. GARNER C1 COMM. # 1569561 2 NOTARY PUBLIC CALEFORMA (SEAL) 3: ORANGE COUNTY Iv V W YMy comm: expires May 13_2909 Ik CI+RTIE-I CAT E_ 'Iliv umdersi,:ncd, arAssislani Secret ay. of 1) E V F LOPERS SURETY AND INDEM K[TY CLSNIPANY and INDE NINITY UOMPANY flu= CALIFORNIA, docs hereby Cendy that tate Ibregoing Ptlwcrof Atlonicy runtaini in fidt Inrce and b:L% ntil bccn rcruked. anti Inrll1c"llow. rllal the pttivisiom ul ttic: mmilutiom of the reslscetivt Bw1rds or Dirccturs ufsaid corporations act R mli in she Power nl Ammrlicy. nre in force;i5oflllc dale orlhis Certificate. This Cer ificuie. is ewcuiicd in lit City of Irvine. C;ilifornl:1, the 30TH day Or JUNE 2006 liv r Alhers l'Jdlcbrond, AsSisia1E1 Stcretary 11)• 13Rt1 E Itev. 122'115) 111