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HomeMy WebLinkAboutC14510A - SunLine Bus Passes Contract No. C14510A CITY OF PALM DESERT COMMUNITY SERViCES —VISITOR CENTER STAFF REPORT REQUEST: By Minute Motion, authorize the Mayor to execute a revised Agreement with SunLine Transit Agency for the Sale of SunLine Bus Passes at the Palm Desert Visitor Center. SUBMITTED BY: Donna Gomez, Visitor Center Manager DATE: February 26, 2009 CONTENTS: SunLine Agreement #09-0007 Recommendation: By Minute Motion, authorize the Mayor to execute a new Agreement with SunLine Transit Agency for the Sale of SunLine Bus Passes at the Palm Desert Visitor Center. Discussion: The Palm Desert Visitor Center has been selling SunLine Bus Passes to valley residents and visitors for over eight years. This has proven to be a successful program which provides a needed service in the community while increasing visibility and revenue to the Visitor Center. SunLine is implementing changes to the program which requires approval of a new Agreement. The following are the key changes to the Agreement. 1) Magnetic strip passes will replace the former paper version. 2) Passes will no longer be collected on a monthly basis since passes do not have a specific expiration date: passes are valid for 31 days from the date of activation. 3) No cash payments to SunLine are permitted. All other Agreement details will remain the same including our agreed upon compensation amounts for tickets sold. Based on the proposed changes, which will increase the efficiency of the overall bus pass program, staff recommends approval as proposed. Submitted by: Department Head: �e.� Donna Gomez, Visitor Center M ager � Sheila Gilligan, ACM for om. Services � % c� ApprovaL L C' anager Finance Director CITY COUNCILACTION APPROVF.D ✓ DF.NIF,D RECEiVED OTHI�.R MF,ETING DATE - - -L% AYF,S: ci NOF.S: N on�. � ` , a�srNT: Nen� A13STAIN; 'e- V�.RIFIF.1) Rv� _ !�� �"�a Original on File with City Clerk's Oftice u� i�e T B A N S/ l A G f N C Y MEMBERS: Desert Hot Springs Palm Springs Cathedral Gty Rancho Mirage Palm Desert Indian Wells La Quinta Indio Coachella Riverside County A Public Agency February 6, 2009 Dear Pass Outlet partner: Attached to this letter are two copies of the new contract agreement between your establishment and SunLine Transit Agency, This contract will replace all previous versions. The key changes to this contract are as follows: 1) SunLine has changed the type of passes to be sold. We will now be issuing magnetic strip passes. The details can be found on page 7 and 8 of the new contract. 2) SunLine will no longer collect old passes. The new passes do not have a expiration date. We will now go to your establishment and simply replenish your pass supply. The details can be found on page 2 (section 5.1.1) of the new contract. 3) SunLine will no longer accept cash payments. Instead you may pay with a check, money order, or Visa/MasterCard. The details can be found on page 2 (section 5.1.1) of the new contract. We ask that you review the contract and sign them in the designated areas, then return both copies by mail in the self addressed stamped envelope that is included in this pacl:et. Once our General Manger has signed the contracts, we will return your copy. If you have any questions, please do not hesitate to call our Finance department at (760)343-;4�6. Thank ou, N !') O ��. l�—! � r-`� Christopher Mitc ell `�' - c� Director of Finance � c'`�''� � _., ��, ..�; � �;��"�- __„ � fT7 _ _ O� — -,� .. c'�-n CJ1 T�c-� � nn 32-505 Harry Oliver Trail,Thousand Palms,California 92276 Phone 760-343-3456 Fax 760-343-3845 www.sunline.org Contract No. C14510A IRANs / l AGfNCY Agreement for the Sale of SunLine Bus Passes AGREEMENT NUMBER: 09-0007 THIS AGREEMENT is made and entered into this day of by and between SunLine Transit Agency ("SunLine"), a Joint Powers Authority and Public Agency, located at 32-505 Harry Oliver Trail, Thousand Palms, CA 92376 and Palm Desert Visitors Center (Hereinafter referred to as "Seller"). WITNESSETH: In consideration of the services to be rendered by Seller and the compensation to be paid by SunLine as set forth in this Agreement, the parties agree as follows: ARTICLE I. STATEMENT OF WORK 1.1 Seller agrees to sell transit Passes (the word "Passes" as used in this Agreement shall be deemed to include 31-day Passes, or other such fare media as SunLine may offer to the public) for SunLine at such rates as may be in effect from time to time at the location(s) listed in the first paragraph of this Agreement. All sales by Seller shall be final. Seller shall make no refunds or adjustments of sales. All Passes covered by this Agreement are identified in "Exhibit A" attached to and made a part of this Agreement, and as may be changed from time to time by SunLine. 1.2 Seller may cause to be displayed at Seller's expense on its premises such advertising matter as may be supplied by SunLine. 1.3 Seller shall properly file and maintain all printed material, time schedules, folders, circulars and bulletins supplied by SunLine and shall, to the best of its ability, furnish to the public complete and accurate information concerning SunLine's fare and route structures, and other general information. 1.4 Seller shall hold in trust for SunLine all Passes or other forms supplied by SunLine for use or sale. Seller shall hold in trust for SunLine all funds collected in the sale of Passes. Seller shall remit all unsold Passes plus the money so held in trust, less applicable commission, as provided in Article 5 of this Agreement. 1.5 The "Current Selling Period" is hereby defined as commencing on the third Friday of the month and continuing through the third Friday of the following month. 1 SunLine Transit Agency Pass Outlet agreement Contract No. C14510A rRANsir AcfNcy ARTICLE 2. FIDUCIARY RELATIONSHIP 2.1 The relationship between SunLine and Seller is not that of debtor and creditor, but of trustee and beneficiary. All funds collected for the account of SunLine and all funds derived from the sale of Passes are at all times the property of SunLine. ARTICLE 3. INDEPENDENT CONTRACTOR 3.1 Seller is an independent contractor and not an emptoyee or agent of SunLine within the meaning of any workers' Compensation Law, or any law which would entitle Seller to benefits arising out of any state or Federal employment or old age fund or similar law, or any right or privilege extended by SunLine to its employees. Seller's authority is limited to the purposes herein specified. Seller has no power to bind SunLine, by contract or otherwise, except as herein provided for the sale of transportation services for persons or property. ARTICLE 4. INDEMNITY 4.1 Seller shall be responsible for Passes delivered to it and money collected by it for SunLine, and will indemnify and save SunLine harmless from any loss whatsoever relating to such Passes and monies, whether occasioned by theft or otherwise. Unless approved in writing by SunLine in advance of any promotional use of Passes, Seller agrees to sell Passes at the retail price established in Exhibit A, and at no other price. ARTICLE 5. REPORTS AND PAYMENTS 5.1 Seller shall render reports of sales of Passes, shall account for SunLine funds, and shall remit the proceeds of sales and all deposits and funds collected for the account of SunLine within thirty (30) days of the end of each Current Selling Period. The sequence of events under this Agreement shall be as follows: 5.1.1 On the third Friday of the month, SunLine personnel will deliver passes for that Current Selling Period. SunLine will thereafter render an invoice for sums due for Passes sold (or for which the vendor is otherwise responsible) during the prior Current Selling Period. The invoice will credit Seller with Seller's compensation for sales made the prior month. Payment of the invoice will be due within 30 days of the end of the prior Current Selling Period. Payment can be made with a check, money order, or Visa/MasterCard. No cash will be accepted. 2 SunLine Transit Agency Pass Outlet agreement Contract No. C14510A TRANS / T AGfNCY ARTICLE 6. COMPENSATION 6.1 For Seller's full and complete perFormance hereunder, Seller shall receive as compensation for services to SunLine, a commission which is equal to: one dollar twenty five cents ($1.25) for each 31-day pass sold; fifty cents (50¢) for each ten ride pass sold; and twenty five cents (25¢) for each day pass sold. SunLine shall deduct such commission from SunLine invoices to Seller. 6.2 For the sale of fifty (50) or more 31-day passes during any reporting month, the commission rate increases to two dollars ($2.00) per pass. ARTICLE 7. INSPECTION OF RECORDS 7.1 Seller shall permit the authorized representative of SunLine, during reasonable hours, to examine as to amount, Passes and other property and funds of SunLine on hand, and to inspect and audit all records and accounts pertaining to sale of Passes as provided in this Agreement. Seller shall maintain such books, records, data, and documents according to generally accepted accounting principles and shall clearly identify and make such items readily accessible to SunLine during Seller's performance hereunder and for a period of three (3) years from the date of final payment to SunLine. ARTICLE 8. ASSIGNMENT 8.1 This Agreement may not be assigned or transferred by Seller without SunLine's prior written consent. In the event of the death, dissolution, or disability of Seller, this Agreement shall terminate at the option of SunLine. ARTICLE 9. MODIFICATION 9.1 No modification of this Agreement shall be effective unless made in writing and signed by both parties. ARTICLE 10. TERM 10.1 This Agreement shall become effective on the agreement date and shall continue in full force and effect until canceled by either party upon written notice to the other party at least thirty (30) days prior to the effective date thereof. 3 SunLine Transit Agency Pass Outlet agreement Contract No. C14510A TBANS / T AGfNCY 10.2 SunLine may terminate this Agreement earlier than thirty days notice for Seller's default if Seller breaches any material provisions of this Agreement and fails to cure such breach within ten (10) calendar days of receipt of written notice from SunLine. If SunLine terminates for default, Seller shall be obligated to SunLine for the retail value of all Passes allocated to it, less the commission for passes sold, and shall remit full payment to SunLine within ten (10) calendar days of receipt of the Notice of Termination. ARTICLE 11. SCHEDULING 11.1 No provision of this Agreement shall be construed to require SunLine to continue to operate any bus service to or from the facility of Seller or elsewhere during the term of this Agreement, and SunLine shall incur no liability to Seller by reason of any rerouting, rescheduling, discontinuing, or other changes in bus or other transit services operated by SunLine. ARTICLE 12. NOTIFICATION 12.1 All notices hereunder and communications with respect to this Agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: TO SELLER: TO SUNLINE: Palm Desert Visitors Center SunLine Transit Agency 72567 Hwy 111 32-505 Harry Oliver Trail Palm Desert, CA. 92260 Thousand Palms, CA 92276 ATTN: SILVA CARRASCO ATTN: Director of Finance Telephone: (760) 568-1441 (760) 343-3456 ARTICLE 13. COMPLETE AGREEMENT 13.1 This Agreement constitutes the complete and exclusive statement of the terms of the Agreement between SunLine and Seller with relation to the subject matter hereof and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other provision. 4 SunLine Transit Agency Pass Outlet agreement Contract No. C14510A TRANS / l AGfNCY 13.2 SunLine's failure to insist in any one or more instances upon the performance of any term or terms of this Agreement shall not be construed as a wavier or relinquishment of SunLine's right to such performance or to future performance of such a term or terms, and Seller's obligation in respect thereto shall continue in full force and effect. Time shall be of the essence hereunder, but Seller shall perform work and make deliveries hereunder, only to the minimum extent consistent with delivery schedules and other requirements herein. 13.3 Changes hereto shall not be binding upon SunLine except when specifically confirmed in writing by an authorized member of SunLine's Administrative Staff. The issuance of information, advice, approvals, or instructions by SunLine's technical personnel or other representatives shall be deemed expressions of personal opinions only and shall not affect SunLine's and Seller's rights and obligations under this Agreement. 13.4 Should any party hereto reasonably retain counsel for the purpose of enforcing or preventing the breach of any provision hereof, including, but not limited to, by instituting any action or proceeding to enforce any provision hereof, for damages by reason of any alleged breach of any provision hereof, for a declaration of such party's rights or obligations hereunder or for any other judicial remedy, then the prevailing party shall be entitled to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorneys' fees and costs for the services rendered to such prevailing party. IN WITNESS THEREOF, the parties hereto execute this Agreement on the day and year set forth above. SELLER: SUNLINE TRANSIT AGENCY BY: BY: TITLE: TITLE: 5 SunLine Transit Agency Pass Outlet agreement Contract No. C14510A IRANs / T AGENCY "Exhibit A" (Page 1 of 3) (Attachment to Agreement for the Sale of SunLine Bus Passes) SunBus Pass Information • Passes are good for rides anywhere on SunBus only. • Passes are not valid on SunDial. • Passes cannot be sold for more than the following amounts: 31-Dav Passes: Adult (18 — 59) $34.00 Youth $24.00 Seniors 60+/Disabled/Medicaid $17.00 Dav Passes: Adult $ 3.00 Youth $ 2.00 Seniors 60+/Disabled/Medicaid $ 1.50 10-Ride Passes: Adult $10.00 Youth $ 8.50 Seniors 60+/Disabled/Medicaid $ 5.00 C70 PaSS (June, Jul, Aug) �$�.0� • There are no refunds for the passes-all refunds for passes will be done at SunLine's main facility in Thousand Palms. 6 SunLine Transit Agency Pass Outlet agreement Contract No. C14510A TRANS / T AGfNCY "Exhibit A" (Page 2 of 3) (Attachment to Agreement for the Sale of SunLine Bus Passes) Pass Procedures and Commission Rates for Passes Sold Billing will follow by mail at the net pass cost. Seller will earn the following commissions for passes sold: 31-Dav Passes and Go Pass: (Adult, Youth, Seniors/Disabled/Medicaid) and Go Pass $1.25 per monthly pass (For the sale of 50 or more total 31-day and Go passes during any reporting month, the commission rate increases to $2.00 per monthly pass.) Dav Passes: 25¢ for each Day Pass 10-Ride Passes: 50¢ for each Ten-Ride Pass Seller is responsible for passes. Passes are just like money. They will not be replaced. Should Seller require additional passes (beyond the previously ordered amount), they will be delivered as soon as possible. Materials will be provided to the Pass Outlet to help promote pass sales, including signage and advertising slicks. If you have any questions regarding pass sales procedures, please call SunLine Transit Agency at (760) 343-3456 - ext. 124 or Customer Service 343-3451. 7 SunLine Transit Agency Pass Outlet agreement Contract No. C14510A TBANS / T AGfNCY "Exhibit A" (Page 3 of 3) (Attachment to Agreement for the Sale of SunLine Bus Passes) Fare Media/Pass Definitions: Adult 31-Day Pass - 31 days of consecutive, unlimited rides beginning the first day of activation. Pass is activated using the bus farebox. Youth 31-Day Pass - For youth between 5 and 17years. Proof of age may be required to purchase or use the pass. 31 days of consecutive, unlimited rides beginning the first day of activation. Pass is activated using the bus farebox. Senior 60+/Disabled/Medicaid 31-Day Pass - For seniors (60 and over) or persons with disabilities. Proof of age or disability is required to purchase the pass, and driver may request proof upon usage on the bus. 31 days of consecutive, unlimited rides beginning the first day of activation. Pass is activated using the bus farebox. Adult Day Pass - Unlimited rides for each category as specified on Pass. No transfers are needed. Bus farebox will validate this pass. This pass expires at the end of the day. Youth Day Pass - Unlimited rides for each category as specified on Pass. No transfers are needed. Bus farebox will validate this pass. This pass expires at the end of the day. Senior 60+/Disabled/Medicaid Day Pass - Unlimited rides for each category as specified on Pass. No transfers are needed. Bus farebox will validate this pass. This pass expires at the end of the day. 10-Ride Pass — Transfers not included. Farebox will validate this pass. This pass will expire after the 10th ride. Go Pass — Unlimited rides for the months of June, July and August for use by youth ages 5 — 17. Pass available for sale in advance. Pass is activated using the bus farebox and is only valid from June 1 through August 31. 8 SunLine Transit Agency Pass Outlet agreement