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Home My WebLink AboutAGENDA REPORT 2023 0607 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 7, 2023 ACTION APPROVED STAFF RECOMMENDATIONS. BY A. Hurtado. C. Consider Amendment No. 2 to Agreement with the City of Thousand Oaks for Moorpark Fixed Route Transit Operations; Consider Amendment No. 1 to Fixed Route Transit Preventive Maintenance Agreement; and Consider Amendment No. 2 to Moorpark Local Dial-A-Ride Services Agreement. Staff Recommendation: 1) Authorize the Mayor to sign Amendment No. 2 to Fixed Route Transit Operations Agreement with the City of Thousand Oaks subject to final language approval of the City Manager; and 2) Authorize the Mayor to sign Amendment No. 1 to the Fixed Route Transit Preventative Maintenance Agreement subject to final language approval by the City Manager; and 3) Authorize the Mayor to sign Amendment No. 2 to the Moorpark Local Dial-A-Ride Agreement subject to final language approval by the City Manager. (Staff: Michelle Woomer, Management Analyst) Item: 10.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Michelle Woomer, Management Analyst DATE: 06/07/2023 Regular Meeting SUBJECT: Consider Amendment No. 2 to Agreement with the City of Thousand Oaks for Moorpark Fixed Route Transit Operations; Consider Amendment No. 1 to Fixed Route Transit Preventive Maintenance Agreement; and Consider Amendment No. 2 to Moorpark Local Dial- A-Ride Services Agreement BACKGROUND For more than 10 years, the City of Thousand Oaks (Thousand Oaks) has been providing transit services to the City of Moorpark (Moorpark). Moorpark began contracting with Thousand Oaks for fixed route (bus) transit operations, fixed route transit preventative maintenance, and Moorpark local Dial-A-Ride (DAR) paratransit services on June 30, 2012. Thousand Oaks staff performs maintenance and fueling services for Moorpark’s bus fleet and contracts with a third-party vendor, MV Transportation, Inc. (MV Transit) for bus operations and Local DAR services. Moorpark participated in a Request for Proposal (RFP) with Thousand Oaks for transit service twice, once in 2015 and most recently in 2019. In 2019, Thousand Oaks selected MV Transit, which has served Thousand Oaks for several years prior to 2019. On June 25, 2019, Moorpark entered into a new agreement with Thousand Oaks to continue providing fixed route operations, fixed route preventative maintenance and local DAR services. The agreements provide the option to exercise two, two-year agreement extensions with Thousand Oaks. The current agreements are set to expire June 30, 2023. DISCUSSION The proposed amendments to the transit agreements with Thousand Oaks would extend their contract an additional two-years through June 30, 2025. Additionally, new hourly MV Transit billing rates are proposed. In order to remain competitive with other local operators and attract qualified drivers, it was necessary for MV Transit to increase wages, Item: 10.C. 201 Honorable City Council 06/07/2023 Regular Meeting Page 2 resulting in higher hourly rates for both fixed route transit operations and local DAR paratransit services. Amendment No. 2 to the Fixed Route Transit Operations Agreement proposed a new MV Transit hourly billing rate of $86.90 for year one of the contract extension (July 2, 2023 – June 30, 2024). This proposed rate is 8.5% higher than the current hourly rate of $79.58. Contract extension year two (July 1, 2024 – June 30, 2025) will be the year one rate plus Consumer Price Index (CPI) adjustment of not less than three and not more than five percent. If the CPI formula is negative, then the existing hourly rate will remain the same for year two extension of the agreement. The Fixed Route Transit Operations Agreement also incorporates fueling expenditures. Fueling occurs at the Thousand Oaks Municipal Service Center and the City will continue to pay the same fueling costs as today, which is billed at cost plus $0.20 per gallon equivalent. This amendment also includes estimated annual management fees charged by Thousand Oaks of $56,183.36 for Fiscal Year (FY) 2023/24. As mentioned, Thousand Oaks staff performs maintenance for Moorpark’s bus fleet. Thousand Oaks’ proposal for bus maintenance for FY 2023/24 remain the same as in the FY 2019/20 agreement. The Amendment No. 1 for Fixed Route Transit Preventative Maintenance billing rate is as follows: Labor: $95.00 per hour for labor Parts: Cost plus 35 percent Sub-let: Cost plus 15 percent For all sub-let work that exceeds $2,500, Thousand Oaks must seek pre-approval from Moorpark. Fees shall be fixed for year one of the extension (July 1, 2023 – June 30, 2024) and Thousand Oaks shall notify Moorpark at least 30 days in advance of any changes to the schedule of fees for year two of the extension (July 1, 2024 – June 30, 2025). Amendment No. 2 to the Moorpark Local Dial-A-Ride services Agreement also includes a new billing rate. The new proposed MV Transit billing rate of $97.97 per revenue hour for year one of contract extension (July 1, 2023 – June 30, 2024). This proposed rate is an increase of 15.3% higher than the current hourly rate of $83.00. Contract extension year two (July 1, 2024 – June 30, 2025) will be year one rate of contract extension plus CPI adjustment of not less than three and not more than five percent. If the CPI formula is negative, then the existing hourly rate remains the same for year two of the extension. An annual management fee charged by Thousand Oaks to manage the Local Dial-A-Ride program will be an estimated amount of $11,634.76. Staff is recommending that the City Council approve Amendment No. 2 to the Fixed Route Transit Operations Agreement; approve Amendment No. 1 to the Fixed Route Transit Preventative Maintenance Agreement; and approve Amendment No. 2 to the Moorpark Local Dial-A-Ride Agreement. Approval of the Amendments will extend Moorpark’s transit agreements with Thousand Oaks for an additional two-years to June 30, 2025, as 202 Honorable City Council 06/07/2023 Regular Meeting Page 3 allowed by contract; and approve the proposed new hourly MV Transit hourly billing rates as negotiated by Thousand Oaks. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT Based on the proposed $86.90 hourly rate for fixed route services and management fees of $56,183.36, $643,000 has been budgeted for FY 2023/24 to cover expenditures. Fixed route preventative maintenance has an estimated budget of $180,000 for FY 2023/24. Although the hourly labor cost for fixed route maintenance charged by Thousand Oaks has remained the same as in the FY 2019/20 agreement, the 17% increase takes into account the higher cost of parts to repair the City’s aging bus fleet. Fuel cost has substantially increased from previous years. The City’s fixed-route buses use Compressed Natural Gas (CNG) for fuel and fueling occurs at the Thousand Oaks Municipal Service Center. Based on cost of fuel and the additional $0.20 charged per gallon by Thousand Oaks, the FY 2023/24 budget for Bus Fuel has been set at $75,000. The FY 2023/24 Budget includes an estimate of $102,000 for local DAR services. This budget was based on the new hourly rate of $97.97 proposed by MV Transit for local DAR service, ridership trends and management fees of $11,634.76. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION 1. Authorize the Mayor to sign Amendment No. 2 to Fixed Route Transit Operations Agreement with the City of Thousand Oaks subject to final language approval of the City Manager; and 2. Authorize the Mayor to sign Amendment No. 1 to the Fixed Route Transit Preventative Maintenance Agreement subject to final language approval by the City Manager; and 3. Authorize the Mayor to sign Amendment No. 2 to the Moorpark Local Dial-A-Ride Agreement subject to final language approval by the City Manager. Attachment 1: Amendment No. 2 to Fixed Route Transit Operations Agreement Attachment 2: Amendment No. 1 to Fixed Route Transit Preventive Maintenance Agreement Attachment 3: Amendment No. 2 to Moorpark Local Dial-A-Ride Services Agreement 203 ATTACHMENT 1 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Fixed Route Operations Amendment #2.docx Page 1 Project Name: Moorpark Fixed Route Transit Operations SECOND AMENDMENT TO AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF THOUSAND OAKS AND CITY OF MOORPARK Contract 12084-2019 THIS SECOND AMENDMENT to the agreement for Transit Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and CITY OF MOORPARK (hereinafter referred to as "Moorpark") and dated June 25, 2019, with First Amendment approved on February 2, 2022, is made this 20th day of June 2023. RECITALS A. Contract 12084-2019 was intended to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc., Contract 12072-2019 (“Base Contract”). B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions. C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025. D. Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below current market for similar agencies and positions. E. To remain competitive with other local operators and attract qualified staff, Contractor needs to increase wages, at increased cost to the Contractor, resulting in rates higher than approved in First Amendment. F. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those changes. G. City and Moorpark wish to make the above referenced amendments to the Contract while keeping all other terms intact. 204 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Fixed Route Operations Amendment #2.docx Page 2 AGREEMENT TO AMEND NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below: Part 1. The City and Moorpark agree to extend contract 12084-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2025. Part 2. Exhibit B-1, Schedule of Fees, is hereby replaced with a new Exhibit B-2, Revised Schedule of Fees, attached hereto and incorporated herein by reference. Part 3. All terms used in Part 1 and 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 and 2 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract as written and previously amended, shall remain the same. IN WITNESS WHEREOF, the parties execute this Second Amendment to Contract as of the date set forth above. CITY OF MOORPARK CITY OF THOUSAND OAKS Date: ________________________ By: ________________________ __________________________ Chris R. Enegren, Mayor Kevin McNamee, Mayor ATTEST: By: ________________________ __________________________ Ky Spangler, City Clerk Laura B. Maguire, City Clerk APPROVED AS TO ADMINISTRATION: By: ________________________ __________________________ Troy Brown, City Manager Andrew P. Powers, City Manager 205 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Fixed Route Operations Amendment #2.docx Page 3 APPROVED BY DEPARTMENT HEAD: __________________________ Clifford G. Finley Public Works Director APPROVED AS TO FORM: Office of the City Attorney ___________________________ Tracy Friedl Assistant City Attorney 206 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Fixed Route Operations Amendment #2.docx Page 4 EXHIBIT B-2 SCHEDULE OF FEES Billing shall be calculated on a revenue hour basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, fuel, and vehicle leases (if applicable), City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payment earned by contractor will be billed by City to Moorpark at the rate earned, 0.5 – 2.0 percent, on a proportional basis, as a separate line item. Contract Extension Year One (July 1, 2023 – June 30, 2024): $86.90 - MV billing rate per revenue hour Contract Extension Year Two (July 1, 2024 – June 30, 2025): Year one rate plus CPI adjustment of not less than three and not more than five percent. Calculation of billable hours shall be to two decimal places. Costs for fuel and vehicles leases (if applicable) shall be at “billed” charges by the contractor and/or the City’s Fleet Division including all usual and customary markups paid by the transit program. City shall bill for vehicle maintenance and repair as described in Exhibit “B-1” of Fixed Route Maintenance Agreement (12083-2019) which shall run concurrent to this Agreement Amendment. City shall charge an annual Management Fee. Management Fee shall consist of wage and benefit charges for staff management and billing, proportional shares of Maintenance and Operations costs at the Transportation Center and Municipal Service Center, Cost Allocation expenses, and other expenses, billed on a proportional basis by billed hours for all transit fixed route transit programs operated by Thousand Oaks Transit. Billing of Management Fees will be done at fiscal year-end, as part of June invoicing. Costs are estimated only and are subject to change. Should the expected year-end costs exceed twenty percent of the estimate below, Moorpark shall be notified by City as soon as reasonably practical. 207 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Fixed Route Operations Amendment #2.docx Page 5 Management Fees - FY 23-24 (estimated) Rate Quantity Unit Total Cost Transit Program Manager (1.25% FTE) $ 82.20 26 Hours $ 2,137.20 Assistant Transit Planner (1.25% FTE) $ 54.88 26 Hours $ 1,426.88 Senior Finance Customer Service Rep. (1.25% FTE) $ 52.10 26 Hours $ 1,354.60 Maintenance & Operations (TOTC) $155,271 11.49% - $17,840.64 Maintenance & Operations (Misc.) $ 19,876 19.29% - $ 3,834.08 Cost Allocation/Insurance (Other Bus Services) $ 43,065 68.71% - $29,589.96 Staff and Direct Costs $56,183.36 Optional Work as described in Exhibit “A” shall be charged at a mutually agreed upon price at the time the work is requested, up to a total of $25,000 per contract year. Optional work beyond that figure will require a formal amendment of the Agreement’s not-to-exceed amount. In the event Liquidated Damages are levied for failure to meet required Performance Measures, Moorpark shall be entitled to a credit on their next monthly invoice equal to their proportional share the Liquidated Damages levied and collected by the City. 208 ATTACHMENT 2 DPW:940-25\mh\ev\Council\2023\062023\ Moorpark Fixed Route Maintenance Amendment #1 Page 1 Project Name: Moorpark Fixed Route Transit Preventative Maintenance FIRST AMENDMENT TO AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF THOUSAND OAKS AND CITY OF MOORPARK Contract 12083-2019 THIS FIRST AMENDMENT to the agreement for Transit Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and CITY OF MOORPARK (hereinafter referred to as "Moorpark") and dated June 25, 2019, is made this 20th day of June 2023. RECITALS A. Contract 12083-2019 was intended to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc., Contract 12072-2019 (“Base Contract”). B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions. C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025. D. The dates found in Exhibit B, Schedule of Fees, need to be updated to reflect the amended term. E. City and Moorpark wish to make the above referenced amendments to the Contract while keeping all other terms intact. AGREEMENT TO AMEND NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below: Part 1. The City and Moorpark agree to extend contract 12083-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2025. 209 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Fixed Route Maintenance Amendment #1 Page 2 Part 2. Exhibit B, Schedule of Fees, is hereby replaced with a new Exhibit B-1, Revised Schedule of Fees, attached hereto and incorporated herein by reference. Part 3. All terms used in Part 1 and 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 and 2 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract as written and previously amended, shall remain the same. IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above. CITY OF MOORPARK CITY OF THOUSAND OAKS Date: ________________________ By: ________________________ __________________________ Chris R. Enegren, Mayor Kevin McNamee, Mayor ATTEST: By: ________________________ __________________________ Ky Spangler, City Clerk Laura B. Maguire, City Clerk APPROVED AS TO ADMINISTRATION: By: ________________________ __________________________ Troy Brown, City Manager Andrew P. Powers, City Manager APPROVED BY DEPARTMENT HEAD: __________________________ Clifford G. Finley Public Works Director APPROVED AS TO FORM: Office of the City Attorney ___________________________ Tracy Friedl Assistant City Attorney 210 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Fixed Route Maintenance Amendment #1 Page 3 EXHIBIT B-1 REVISED SCHEDULE OF FEES Billing of all routine and pre-approved maintenance services shall be at the City's usual and customary rates for like services and will be according to the following schedule of fees: Labor: $95.00 per hour Parts: Cost plus 35 percent Sub-let: Cost plus 15 percent City shall seek pre-approval from the Moorpark Project Manager for any repair the City deems necessary that has an estimated cost in parts or sub-let work that exceeds $2,500. City shall bill for fixed route operations as described in Exhibit “B-1” of Fixed Route Operations Agreement (12084-2019) which shall run concurrent to this Agreement Amendment. Costs shall be fixed for year one of the extension (July 1, 2023 – June 30, 2024) and City shall notify Moorpark at least 30 days in advance of any changes to the schedule of fees for year two of the extension (July 1, 2024 – June 30, 2025. Any special repair or maintenance services that fall outside normal and routine repairs and maintenance under this Agreement, for example, the installation of additional equipment on to the buses, will be at a price to be mutually agreed upon in writing, up to a total of $25,000 per contract year. Optional work beyond this figure will require a formal amendment of the Agreement’s not-to-exceed amount. 211 ATTACHMENT 3 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Dial-A-Ride Amendment 1.docx Page 1 Project Name: Moorpark Local Dial-a-Ride SECOND AMENDMENT TO AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF THOUSAND OAKS AND CITY OF MOORPARK Contract No. 12082-2019 THIS SECOND AMENDMENT to the agreement for Transit Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and CITY OF MOORPARK (hereinafter referred to as "Moorpark") and dated June 25, 2019, with First Amendment approved on February 2, 2022, is made this 20th day of June 2023. RECITALS A. Contract 12082-2019 was intended to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc., Contract 12072-2019 (“Base Contract”). B. Base Contract was for a four-year period ending June 30, 2023, and permits up to two, two-year extensions. C. As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025. D. Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below current market for similar agencies and positions. E. To remain competitive with other local operators and attract qualified staff, Contractor needs to increase wages, at increased cost to the Contractor, resulting in rates higher than approved in First Amendment. F. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those changes. G. City and Moorpark wish to make the above referenced amendments to the Contract while keeping all other terms intact. AGREEMENT TO AMEND 212 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Dial-A-Ride Amendment #2.docx Page 2 NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below: Part 1. The City and Moorpark agree to extend contract 12082-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2025. Part 2. Exhibit B-1, Schedule of Fees, is hereby replaced with a new Exhibit B-2, Revised Schedule of Fees, attached hereto and incorporated herein by reference. Part 3. All terms used in Part 1 and 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 and 2 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract as written and previously amended, shall remain the same. IN WITNESS WHEREOF, the parties execute this Second Amendment to Contract as of the date set forth above. CITY OF MOORPARK CITY OF THOUSAND OAKS Date: ________________________ By: ________________________ __________________________ Chris R. Enegren, Mayor Kevin McNamee, Mayor ATTEST: By: ________________________ __________________________ Ky Spangler, City Clerk Laura B. Maguire, City Clerk APPROVED AS TO ADMINISTRATION: By: ________________________ __________________________ Troy Brown, City Manager Andrew P. Powers, City Manager APPROVED BY DEPARTMENT HEAD: 213 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Dial-A-Ride Amendment #2.docx Page 3 __________________________ Clifford G. Finley Public Works Director APPROVED AS TO FORM: Office of the City Attorney ___________________________ Tracy Friedl Assistant City Attorney 214 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Dial-A-Ride Amendment #2.docx Page 4 EXHIBIT B-2 REVISED SCHEDULE OF FEES Billing shall be calculated on a “per-ride” basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, City shall bill for proportional costs of fuel, vehicle leases, vehicle maintenance. Separately, the City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payment earned by contractor will be billed by City to Moorpark at the rate earned, 0.5 – 2.0 percent, on the same proportional basis as billing, as a separate line item. Contract Extension Year One (July 1, 2023 – June 30, 2024): $97.97 - MV billing rate per revenue hour Contract Extension Year Two (July 1, 2024 – June 30, 2025): Year one rate plus CPI adjustment of not less than three and not more than five percent. The number of revenue hours billed shall be determined by taking the total number of revenue hours contractor bills for Thousand Oaks Transit (local) Dial-a-Ride services in a month and applying a percentage of hours proportional to the Moorpark portion of rides provided to the total number of rides provided. Calculation of billable hours by percentage shall be to two decimal places. Moorpark shall pay the same proportion for vehicle leases, maintenance, and fuel as for revenue hours as a separate charge for each item. Costs for fuel, vehicles leases, and maintenance shall be at “billed” charges by the contractor and/or the City’s Fleet Division including all usual and customary markups paid by the transit program. City shall charge an annual Management Fee. Management Fee shall consist of wage and benefit charges for staff management and billing, proportional shares of Maintenance and Operations costs at the Transportation Center and Municipal Service Center, Cost Allocation expenses, and Trapeze Software expenses, billed on a proportional basis by ridership and/or billed hours for all transit programs operated by Thousand Oaks Transit. 215 DPW:940-25\mh\ev\Council\2023\062023\City of Moorpark Dial-A-Ride Amendment #2.docx Page 5 Billing of Management Fees will be done at fiscal year-end, as part of June invoicing. Costs are estimated only and are subject to change. Should the expected year-end costs exceed twenty percent of the estimate below, Moorpark shall be notified by City as soon as reasonably practical. Management Fees - FY 23-24 (estimated) Rate Quantity Unit Total Cost Transit Program Manager (1.25% FTE) $86.67 26 Hours $ 2,253.42 Accounting Specialist (1.25% FTE) $53.60 26 Hours $ 1,393.60 Maintenance & Operations (TOTC) $155,271 0.61% - $ 947.15 Maintenance & Operations (Misc.) $ 27,040 1.66% - $ 448.86 Cost Allocation/Insurance (Other DAR Services) $ 46,763 12.50% - $ 5,845.38 Trapeze Expenses $ 44,961 1.66% - $ 746.35 Staff and Direct Costs $11,634.76 Optional Work as described in Exhibit “A” shall be charged at a mutually agreed upon price at the time the work is requested, up to a total of $5,000 per contract year. Optional work beyond that figure will require a formal amendment of the Agreement’s not-to-exceed amount. In the event Liquidated Damages are levied for failure to meet required Performance Measures, Moorpark shall be entitled to a credit on their next monthly invoice equal to their proportional share the Liquidated Damages levied and collected by the City. 216