1996 Sunline Transit Agency - Bus PassesAGREEMENT FOR THE SALE OF SUNLINE PASSES
(AGREEMENT NUMBER:
THIS AGREEMENT is made and entered into this Al day of L—M�T 199( by and between
SunLine Transit Agency ("SunLine"), a Joint Powers Agency located at 32-505 Harry Oliver Trail in
Thousand Palms, CA 92276 (a public agency) and
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day of (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 1. STATEMENT OF WORK
1.1 Seller agrees to',sell transit Passes (the word "Passes" as used in this Agreement shall be
deemed to include monthly 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 or loca-
tions listed in the first paragraph of this Agreement. All sales by Seller shall be final and no
refunds or adjustments of sales shall be made by Seller. 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 6 of this Agreement.
1.5 The "Current Selling Period" is hereby defined as commencing on the fifteenth (15th) of the
day of the month immediately preceding the effective month for the Passes and continuing
through the fifteenth (15th) day of the effective month for such Passes. (i.e., the Current Selling
Period for April Passes would be from March 15th through April 15th).
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.
PAGE 1 SALES-IRPM5 9 rev6.95
ARTICLE & INDEPENDENT CONTRACTOR
3.1 Seller is an independent contractor and not an employee 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 advanceof 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
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 near the beginning of a Current Selling Period, SunLine personnel will deliver Passes
referable to that Current Selling Period. At the same time, SunLine will pick up unsold Passes
for the prior month.' 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.
ARTICLE 6. COMPENSATION
6.1 For Seller's full land complete performance hereunder, Seller shall receive as compensation
for services to SunLine, a commission which is equal to: one dollar ($1.00) for each monthly
pass sold; fifty cents (500) for each ten ticket book sold; and twenty five cents (25) for each
day pass sold. SunLine shall deduct such commission from SunLine invoices to Seller.
ARTICLE T 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 411 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.
PAGE 2 SALES-IRPM5 10 MV6-95
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 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.
10.2 SunLine may terminate this Agreement earlier than on thirty days notice for Seller's
default if Seller breaches any material provisions of this Agreement and fails to cure such
breach within ten (110) calendar days of receipt of written notice from SunLine. If SunLine so
terminates for default, then 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 payment in full 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, reschedul-
ing, 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 effec-
tive upon the mailing thereof by registered or certified mail, return receipt requested, postage
prepaid, and addressed as follows:
TO SELLER: TO SUNLINE:
,1 LL LA 0u I r\iTA SunLine Transit Agency
L LLC- IOW LCU P.O. Box 398
�A QwNIA,q a 253 Thousand Palms, CA 92276
Phone q777 — WE �E_ (619) 343-3456
ATTN: ',,M-),\1 SAL CD/J t7� ATTN: Chief Financial Officer
PAGE 3 SALES•1P.PM5 11 rev&95
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 super-
sedes 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.
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 obliga-
tion 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 prevent-
ing 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.
PAGE 4 SALES•1P.PM5 12 rev6.95
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PASS INFORMATION
• All passes are good for the calendar month
printed on the face of the pass.
• Passes are good for unlimited rides any-
where on the SunBus system. (Passes are
NOT good on the SunDial system.)
• Passes cannot be sold for more than the
following amounts:
Regular Pass
$28.00
Youth Pass
$20.00
Special Pass
$16.00
Ten Ticket Book
$7.50
Day Pass
$3.00
• Once a pass is sold, there are no refunds
or partial credits available to the individual
purchasing the pass.
Pass definitions are:
• Regular Pass - can be used by anyone at
any time on any bus throughout the
SunBus system. There are no restrictions
on this pass.
• Youth Pass - can be used at any time on
any bus throughout the SunBus system by
people 18 years or less of age. Proof of age
may be required upon use of the pass.
• Special Pass - can be used at any time on
any bus throughout the SunBus system by
seniors (people 60 and older) or persons
with disabilities. Proof of age or disability
may be required upon use of the pass.
• Ten Ticket Book - Book of 10 tickets for
convenience. These are not discounted.
Partial books not returnable.
• Day Pass - is $3 for unlimited rides, no
transfers needed. Upon the first boarding,
the driver punches the pass to validate its
use for that day. This pass can be
purchased at SunLine or by mail
PASS PROCEDURES
• Passes will be delivered to the pass sales
outlet in the middle of the month preceding
the pass. Unsold passes for the current
month will be picked up at this time.
• An authorized person will sign for receipt of
the passes, and the SunLine representative
will sign for receipt of the unused passes.
• Billing will follow by mail at the net pass
cost. Outlets will earn: $1.00 for each pass
sold; 500 for Ten Ticket Books; 250 for
each Day Pass.
• The pass sales outlet is responsible for
passes delivered. Passes are just like
money. The passes must either be paid for
or returned for credit, they will not be re-
placed.
Should an outlet require additional passes
(beyond the previously ordered amount),
they will be delivered as soon as possible
following notification of the request for
additional passes to SunLine.
• Materials will be provided to the pass sales
outlet to help promote pass sales, including
signage and advertising slicks.
• If you are interested in becoming a SunLine
Pass Sales Outlet, or have any questions
regarding pass sales outlet procedures,
please call:
SunLine Transit (619) 343-3456
or
Customer Service, 343-3451.
SunLine Transit Agency • 32-505 Harry Oliver Trail • Thousand Palms, CA 92276 • A Public Agency
SALES•1P.PM5 t rev"S
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r171///09.S SunLine Transit Agency
I� Pass Sales Procedures
• Passes will be delivered to the pass sales outlet in the middle of the month
preceding the pass. Unsold passes for the current month will be picked up
at this time.
• An authorized person will sign for receipt of the passes, and the SunLine
representative will sign for receipt of the unused passes.
• Billing will follow by mail at the net pass cost. Outlets will earn $1.00 for
each pass sold.
• The pass sales outlet is responsible for passes delivered. Passes are just
like money. The passes must either be paid for or returned for credit, they
will not be replaced.
• Should an outlet require additional passes (beyond the previously ordered
amount), they will be delivered as soon as possible following notification of
the request for additional passes to SunLine.
• Materials will be provided to the pass sales outlet to help promote pass
sales, including signage and advertising slicks.
• If you are interested in becoming a SunLine Pass Sales Outlet, or have
any questions regarding pass sales outlet procedures, please call:
Anne Burnburg, Marketing Director
SunLine Transit (619) 343-3456
SunLine Transit Agency
P. O. Box 398
Thousand Palms, CA 92276
A Public Agency
SALES•/P.PM5 2 rev6-95