Loading...
HomeMy WebLinkAboutAGENDA REPORT 2025 0416 CC REG ITEM 10HCITY OF MOORPARK, CALIFORNIA City Council Meeting of April 16, 2025 ACTION APPROVED STAFF RECOMMENDATIONS. BY A. Hurtado. H. Consider Amendment No. 3 to Agreement with the City of Thousand Oaks for Moorpark Fixed Route Transit Operations; Consider Amendment No. 2 to Fixed Route Transit Preventive Maintenance Agreement; Consider Amendment No. 3 to Moorpark Local Dial-A-Ride Services Agreement; and Consider Amendment No. 5 to East County Transit Alliance (ECTA) Fiscal Agent Agreement for InterCity Dial-A-Ride Services. Staff Recommendation: 1) Authorize the Mayor and City Manager to sign Amendment No. 3 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 and City Manager to sign Amendment No. 2 to the Fixed Route Transit Preventative Maintenance Agreement subject to final language approval by the City Manager; and 3) Authorize the Mayor and City Manager to sign Amendment No. 3 to the Moorpark Local Dial-A-Ride Agreement subject to final language approval by the City Manager; and 4) Authorize the Mayor and City Manager to sign Amendment No. 5 to East County Transit Alliance Fiscal Agreement subject to final language approval by the City Manager. (Staff: Daniel Kim, City Engineer/Public Works Director) Item: 10.H. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director BY: Michelle Woomer, Senior Management Analyst DATE: 04/16/2025 Regular Meeting SUBJECT: Consider Amendment No. 3 to Agreement with the City of Thousand Oaks for Moorpark Fixed Route Transit Operations; Consider Amendment No. 2 to Fixed Route Transit Preventive Maintenance Agreement; Consider Amendment No. 3 to Moorpark Local Dial-A- Ride Services Agreement; and Consider Amendment No. 5 to East County Transit Alliance (ECTA) Fiscal Agent Agreement for InterCity Dial-A-Ride Services 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. Additionally, Thousand Oaks serves as the Fiscal Agent for the East County Transit Alliance (ECTA) InterCity DAR services since July 1, 2015. Moorpark, Thousand Oaks, the City of Simi Valley, and the County of Ventura are all participants in the ECTA program and are all signatories for the Inter- Agency Agreement. 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 to continue to be the operator for public transit services, which has been their operator for the past 20 years. MV Transit was awarded a four-year contract in 2019 ending June 30, 2023; with an option of up to two, two-year extensions. The current agreements have been extended once and are set to expire June 30, 2025. The second two-year extension of the agreement will be from July 1, 2025, through June 30, 2027; and encompass years three and four of the contract extensions. Item: 10.H. 174 Honorable City Council 04/16/2025 Regular Meeting Page 2 DISCUSSION The proposed amendments to the transit agreements with Thousand Oaks would extend their contract an additional two-years through June 30, 2027. Additionally, new hourly MV Transit billing rates are proposed. 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. In order to remain competitive with other local operators and attract qualified drivers, it was necessary for MV Transit to increase wages, resulting in higher hourly rates for fixed route transit operations, local DAR paratransit, and ECTA services. Amendment No. 3 to the Fixed Route Transit Operations Agreement proposes a new MV Transit hourly billing rate of $100.83 for year two of the contract extension (July 1, 2025 – June 30, 2026). This proposed rate is 4% higher than the current hourly rate of $96.95. Contract extension year four (July 1, 2026 – June 30, 2027) will be $104.86. This rate includes year one rate plus a four percent Consumer Price Index (CPI) adjustment. The City’s bus fleet runs on Compressed Natural Gas and 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 $0.37 per gallon equivalent. This amendment also includes estimated annual management fees charged by Thousand Oaks of $57,953.85 for Fiscal Year (FY) 2025/26. As mentioned, Thousand Oaks staff performs maintenance for Moorpark’s bus fleet. The Amendment No. 2 for Fixed Route Transit Preventative Maintenance billing rate is as follows: Labor: $141.23 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 three of the extension (July 1, 2025 – June 30, 2026) and year four of the extension (July 1, 2026 – June 30, 2027) shall include the base rate plus a four percent CPI adjustment. Amendment No. 3 to the Moorpark Local Dial-A-Ride services Agreement also includes a new billing rate. The new proposed MV Transit billing rate is $105.15 per revenue hour for year three of the contract extension (July 1, 2025 – June 30, 2026). This proposed rate is an increase of 17.2% higher than the current hourly rate of $89.68. Contract extension year four (July 1, 2026 – June 30, 2027) will be $109.36, which is the year three rate of contract extension plus a four percent CPI adjustment. An annual management fee charged by Thousand Oaks to manage the Local Dial-A-Ride program will be an estimated amount of $10,306.93. 175 Honorable City Council 04/16/2025 Regular Meeting Page 3 Amendment No. 5 to ECTA InterCity DAR service between Moorpark and Thousand Oaks, and participating agencies of ECTA is to authorize Thousand Oaks to extend the service contract with MV Transit for two years, beginning July 1, 2025, through June 30, 2027. Amendment No. 5 also includes a revised billing method for Management Fees, which consists of wage and benefit, maintenance and operations costs, and cost allocation expenses, as well as the increase of one-way fares for ADA trips and senior trips from $6.00 to $8.00 per participant that went into effect January 1, 2025, to offset increased operating costs. The Revised Schedule of Fees has a proposed fee of $125.67 per revenue hour for year three of contract extension (July 1, 2025 - June 30, 2026). Year four of the contract extension (July 1, 2026 – June 30, 2027) will be year three plus a four percent CPI adjustment. The estimated Management Fee for FY 2025/26, which encompasses staff wages and benefits, maintenance, and operational costs is projected to be $93,414.16. The City’s share of this fee is 25% or $23,353.54; which is divided among the four operators that participate in ECTA. Staff is recommending 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 allowed by contract; and approve the proposed new hourly MV Transit hourly billing rates as negotiated by Thousand Oaks. ENVIRONMENTAL DETERMINATION This action is not subject to the California Environmental Quality Act (CEQA) as it does not constitute a project which has a potential for resulting in physical change to the environment, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT Funding for these will be included in the proposed FY 2025/26 and FY 2026/27 budgets with an estimate of $450,000 (expense lines 2001-430-00000-51220 and 2001-430- P0011-54020) in expenditures for preventative maintenance and Compress Natural Gas (CNG) Fuel for the Fixed Route buses. The upcoming budget cycles will include an estimate of a total of $950,000 (expense line 2414-430-P0011-51000) for Fixed Route Operations, Local DAR and ECTA services expenditures. Upon adoption of the FY 2025/26 & FY 2026/27 budget, there will be sufficient funds in both funds 2001 and 2414 to encumber the expense increase. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. 176 Honorable City Council 04/16/2025 Regular Meeting Page 4 STAFF RECOMMENDATION 1.Authorize the Mayor and City Manager to sign Amendment No. 3 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 and City Manager to sign Amendment No. 2 to the Fixed Route Transit Preventative Maintenance Agreement subject to final language approval by the City Manager; and 3.Authorize the Mayor and City Manager to sign Amendment No. 3 to the Moorpark Local Dial-A-Ride Agreement subject to final language approval by the City Manager; and 4.Authorize the Mayor and City Manager to sign Amendment No. 5 to East County Transit Alliance Fiscal Agreement subject to final language approval by the City Manager. Attachment 1: Amendment No. 3 to Fixed Route Transit Operations Agreement Attachment 2: Amendment No. 2 to Fixed Route Transit Preventive Maintenance Agreement Attachment 3: Amendment No. 3 to Moorpark Local Dial-A-Ride Services Agreement Attachment 4: Amendment No. 5 to East County Transit Alliance Fiscal Agent Agreement 177 ATTACHMENT 1 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #3.docx Page 1 Project Name: Moorpark Fixed Route Operations THIRD AMENDMENT TO AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF THOUSAND OAKS AND CITY OF MOORPARK Contract 12084-2019 This THIRD 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 (hereinafter “Contract”), and as amended on February 2, 2022, and June 20, 2023, is made this 25th day of February 2025. 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. The City and Contractor previously agreed to extend the Base Contract by two years to June 30, 2025. D. As allowed by contract, the City and Contractor mutually agreed to extend the Base Contract by two years to June 30, 2027. E. 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. F. 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. G. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those changes. 178 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #3.docx Page 2 H. City and Moorpark wish to make the above referenced amendment 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 12084-2019 for two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2027. Part 2. Exhibit B-2, Schedule of Fees, is hereby replaced with a new Exhibit B-3, 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 Third Amendment to Contract as of the date set forth above. CITY OF MOORPARK CITY OF THOUSAND OAKS Date: ________________________ Date: _____________________ By: ________________________ __________________________ Chris R. Enegren, Mayor David Newman, 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 179 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #3.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 180 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #3.docx Page 4 EXHIBIT B-3 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 Three (July 1, 2025 – June 30, 2026): $100.83 – MV billing rate per revenue hour Contract Extension Year Four (July 1, 2026 – June 30, 2027): $104.86 – MV billing rate per revenue hour. This rate includes contract extension “Year Three” rate plus a fixed annual rate increase of four 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. The newly leased vehicle rate table is listed below. *Vehicle Lease Unit Cost (monthly) DAR/ADA Class A $ 1,995.19 DAR/ADA Class D $ 1,002.13 City shall bill for vehicle maintenance and repair as described in Exhibit “B-3” 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. 181 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #3.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 25-26 (estimated) Rate Quantity Unit Total Cost Assistant Transit Planner (1.25% FTE) $ 61.09 26 Hours $ 1,588.34 Assistant Transit Analyst (1.25% FTE) $ 42.89 26 Hours $ 1,115.14 Senior Finance Customer Service Rep. (1.25% FTE) $ 54.71 26 Hours $ 1,422.46 Maintenance & Operations (TOTC) $163,034.55 11.49% - $18,732.67 Maintenance & Operations (Misc.) $ 20,869.80 19.29% - $ 4,025.78 Cost Allocation/Insurance (Other Bus Services) $ 45,218.25 68.71% - $31,069.46 Staff and Direct Costs $57,953.85 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. 182 ATTACHMENT 2 DPW 940-25\ev\Council\2025\022525\Agency Amendments and Agreements for Transit Services Att #2.docx Page 1 Project Name: Moorpark Fixed Route Maintenance SECOND AMENDMENT TO AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF THOUSAND OAKS AND CITY OF MOORPARK Contract 12083-2019 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 (hereinafter “Contract”), and as amended on June 20, 2023, is made and entered into this 25th day of February 2025. 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.The City and Contractor previously agreed to extend the Base Contract by two years to June 30, 2025. D.As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by two years through June 30, 2027. E.The dates found in Exhibit B-1, Schedule of Fees, need to be updated to reflect the amended term. F.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: 183 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #2.docx Page 2 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, 2027. 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: ________________________ Date: _____________________ By: ________________________ __________________________ Chris R. Enegren, Mayor David Newman, 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 184 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #2.docx Page 3 EXHIBIT B-2 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: $141.23 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-2” of Fixed Route Operations Agreement (12084-2019) which shall run concurrent to this Agreement Amendment. Costs shall be fixed for Year Three (July 1, 2025 – June 30, 2026). Costs shall include a fixed amount of $104.85 for Year Four (July 1, 2026 – June 30, * 2027) which includes contract extension “Year Three” rate plus four percent. 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. *Administrative Correction 4/10/2025 due to typographical error, cost shall include a fixed amount of $141.23 $141.23 185 ATTACHMENT 3 DPW 940-25\ev\Council\2025\01XX25\Agency Amendments and Agreements for Transit Services Att #1.docx Page 1 Project Name: Moorpark Dial-A-Ride THIRD AMENDMENT TO AGREEMENT FOR TRANSIT SERVICES MOORPARK DIAL-A-RIDE BETWEEN THE CITY OF THOUSAND OAKS AND CITY OF MOORPARK Contract No. 12082-2019 This THIRD AMENDMENT to the agreement for Transit Services Moorpark Dial-A-Ride 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 (hereinafter “Contract”), and as amended on February 2, 2022, and June 20, 2023, is made and entered into this 25th day of February 2025. 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.The City and Contractor previously agreed to extend the Base Contract by two years to June 30, 2025. D.As allowed by contract, the City and Contractor have mutually agreed to extend the Base Contract by an additional two years through June 30, 2027. E.Increased wages and labor market forces have impacted the local labor market, and existing contract-specified wages are below the current market for similar agencies and positions. F.To remain competitive with other local operators and attract qualified staff, Contractor needs to increase wages, at an increased cost to the Contractor, resulting in rates higher than approved in Second Amendment. G.In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those changes. 186 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #1.docx Page 2 H.City and Moorpark wish to make the above referenced amendment 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 12082-2019 for an additional two years and Section 5 of the Contract is hereby amended to reflect a new termination date of June 30, 2027. Part 2. Exhibit B-2, Schedule of Fees, is hereby replaced with a new Exhibit B-3, 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 Third Amendment to Contract as of the date set forth above. CITY OF MOORPARK CITY OF THOUSAND OAKS Date: ________________________ By: ________________________ __________________________ Chris R. Enegren, Mayor David Newman, 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 187 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #1.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 188 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #1.docx Page 4 EXHIBIT B-3 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 Three (July 1, 2025 – June 30, 2026): $105.15 - MV billing rate per revenue hour Contract Extension Year Four (July 1, 2026 – June 30, 2027): $109.36 – MV billing rate per revenue hour. This rate includes contract extension “Year Three” rate plus a fixed annual rate increase of four 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, vehicle 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. The newly leased vehicle rate table is listed below. *Vehicle Lease Unit Cost (monthly) DAR/ADA Class A $ 1,995.19 DAR/ADA Class D $ 1,002.13 189 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #1.docx Page 5 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, and Cost Allocation expenses, billed on a proportional basis by ridership and/or billed hours for all 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. Management Fees - FY 25-26 (estimated) Rate Quantity Unit Total Cost Assistant Transit Planner (1.25% FTE) $61.09 26 Hours $ 1,588.34 Assistant Transit Analyst (1.25% FTE) $42.89 26 Hours $ 1,115.14 Maintenance & Operations (TOTC) $163,034.55 0.61% - $ 994.51 Maintenance & Operations (Misc.) $ 28,392 1.66% - $ 471.31 Cost Allocation/Insurance (Other DAR Services) $ 49,101 12.50% - $ 6,137.63 Staff and Direct Costs $10,306.93 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. 190 DPW 940-25\mh\ev\Council\2023\062023\Agency Amendments and Agreements for Transit Services Att #7.docx Page 1 Project Name: Fiscal Agent Agreement FIFTH AMENDMENT TO FISCAL AGENT AGREEMENT FOR INTERCITY DIAL-A-RIDE SERVICES BETWEEN CITY OF THOUSAND OAKS AND THE PARTICIPATING AGENCIES OF THE EAST COUNTY TRANSIT ALLIANCE CONSISTING OF THE CITIES OF MOORPARK, SIMI VALLEY, AND COUNTY OF VENTURA Contract No. 10953-2015 This FIFTH AMENDMENT to the Agreement for InterCity Dial-A-Ride (DAR) services, entered into between CITY OF THOUSAND OAKS, a municipal corporation, (hereinafter “City”) and PARTICIPATING AGENCIES OF THE EAST COUNTY TRANSIT ALLIANCE (hereinafter “Agencies”), dated June 9, 2015 (hereinafter “Contract”), and as amended on July 12, 2016, June 19, 2018, June 25, 2019, June 20, 2023, is made and entered into this 25th day of February 2025. RECITALS A.With the Fourth Amendment to the Contract, the parties expressed an intention for the Contract to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc. (“Contractor”), 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.The City and Contractor previously agreed to extend the Base Contract by two years to June 30, 2025. D.As allowed by contract, the City and Contractor have mutually agreed to again extend the Base Contract by an additional two years to June 30, 2027. E.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. F.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 Fourth Amendment. G.In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those changes. ATTACHMENT 4 191 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #7.docx Page 2 H.City and the Agencies mutually agree that the fare for a one- way InterCity trip shall be increased from $6.00 to $8.00. I.City and Agencies 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 Agencies agree to extend Contract 10935-2015 as amended for two years to reflect a new termination date of June 30, 2027. Part 2. Exhibit B-1, Scope of Services, Section 8, “Fares”, is amended to add the following fare adjustment, changing the current $6.00 per trip fare to $8.00. Such section shall hereby read as follows: “8. Effective January 1, 2025, one-way fares for ADA trips and Senior trips shall be $8.00 per participant.” Part 3. Exhibit C-2, Schedule of Fees, is hereby replaced with a new Exhibit C-3, Revised Schedule of Fees, attached hereto and incorporated herein by reference. Part 4. Exhibit D, Section 3(a) Maximum Rate, CPI calculation, a new sentence at the end of the paragraph is added as follows: Year Three of the second contract extension, no CPI adjustment. Year Four of the second contract extension includes Year Three rate plus a fixed annual rate increase of four percent. Part 5. All terms used in Parts 1, 2, and 3 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1, 2, and 3 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 Fifth Amendment to Contract as of the date set forth above. Signatures on following pages 192 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #7.docx Page 3 CITY OF THOUSAND OAKS David Newman, Mayor City of Thousand Oaks ATTEST: Laura B. Maguire, City Clerk APPROVED AS TO ADMINISTRATION: 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 193 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #7.docx Page 4 CITY OF MOORPARK Date: ________________________ By: ________________________ Chris R. Enegren, Mayor City of Moorpark APPROVED AS TO ADMINISTRATION By: ________________________ Troy Brown, City Manager ATTEST: By: ________________________ Ky Spangler, City Clerk 194 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #7.docx Page 5 CITY OF SIMI VALLEY City of Simi Valley, A Municipal Corporation Attest: _________________________ By:_____________________________ Lucy Blanco, City Clerk Fred D. Thomas, Mayor City of Simi Valley Approved as to Form: __________________________ Algeria R. Ford, City Attorney Approved as to Content: __________________________ Samantha C. Argabrite, City Manager __________________________ Ronald K. Fuchiwaki Public Works Director _________________________ Carolyn J. Johnson Administrative Services Director 195 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #7.docx Page 6 COUNTY OF VENTURA _____________________________ Janice S. Parvin, Chair Board of Supervisors County of Ventura ATTEST: DR. SEVET JOHNSON Clerk of the Board of Supervisors County of Ventura, State of California By: __________________________ Mia Martinez, Clerk of the Board of Supervisors County of Ventura EXHIBIT C-2 196 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #7.docx Page 7 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, and 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 County at the rate earned, 0.5 – 2.0 percent, on the same proportional basis as billing, as a separate line item. Contract Extension Year Three (July 1, 2025 – June 30, 2026): $125.67 - MV billing rate per revenue hour Contract Extension Year Four (July 1, 2026 – June 30, 2027): Year Three rate plus a fixed annual rate increase of four percent. The number of billed rides shall be determined by taking the total number of rides performed (on a per-person basis, regardless of fare type) for ECTA InterCity Dial- a-Ride services in a month and applying the number of rides to each individual agency’s portion of total rides provided. For “other” rides, which are those rides not assignable to any specific agency, each agency shall share the ride costs equally (quarters). Any applicable grant offsets shall be applied on a per ride basis as billed, until grant funding is exhausted. Each agency shall pay in the same proportion as rides for vehicle leases, maintenance, and fuel as for revenue hours as a separate charge for each item. Any applicable grant offsets shall be applied in 12 equal credits, applied on a calendar year basis, until grant funding is exhausted. 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. The newly leased vehicle rate table is listed below. *Vehicle Lease Unit Cost (monthly) ECTA Class A $ 1,995.19 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, and Cost Allocation expenses, billed on a proportional basis by ridership. Expenses shall be specific to Fund 121, Project 5550 (ECTA), or where applicable in Fund 651, Project 5550 (TOT DAR). 197 DPW 940-25\ev\Council\2025\012825\Agency Amendments and Agreements for Transit Services Att #7.docx Page 8 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, ECTA Management Committee shall be notified by City as soon as reasonably practical. Management Fees - FY 25-26 (estimated) Rate Quantity Unit Total Cost Assistant Transit Planner (5.0% FTE) $ 61.09 104 Hours $ 6,353.36 Assistant Transit Analyst (5.0% FTE) $ 42.89 104 Hours $ 4,460.56 Accounting Specialist (5.0% FTE) $ 56.28 104 Hours $ 5,853.12 Maintenance & Operations (TOTC) $163,034.55 11.34% - $18,488.12 Cost Allocation/Insurance (ECTA) $ 56,259 - - $56,259.00 Ancillary Charges (Brochures, etc.) $ 2,000 $ 2,000.00 Staff and Direct Costs $93,414.16 In the event Liquidated Damages are levied for failure to meet required Performance Measures, Agencies 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. 198