HomeMy WebLinkAboutAGENDA REPORT 2015 0701 CCSA REG ITEM 09E ITEM 9_E.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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TO: The Honorable City Council A4905—.R4M.
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FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared By: Shaun Kroes, Senior Management Analyst
DATE: June 19, 2015 (CC Meeting of 07/01/15)
SUBJECT: Consider Approval of East County Transit Alliance Fiscal Agent
Agreement for InterCity ADA and Senior Dial-A-Ride Services; Consider
Amendment No. 1 to Agreement with the City of Thousand Oaks for
Dial-A-Ride Paratransit Services; Consider Resolution Establishing
Fares for City Transit Services and Rescinding Resolution No. 2005-
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SUMMARY
On June 18, 2014, the City Council approved an Agreement with the City of Thousand
Oaks (Thousand Oaks) for Dial-A-Ride (DAR) Paratransit services. The service includes
IntraCity service (travel within Moorpark) for Moorpark seniors age 62 or older and
residents with an Americans with Disabilities Act (ADA) card. The service also includes
InterCity (travel to other cities) for residents with an ADA card. Staff is proposing a new
InterCity service for Moorpark seniors age 65 and older. The new service will be provided
through the East County Transit Alliance(ECTA), with the City of Thousand Oaks providing
Fiscal Agent services. The new ECTA Fiscal Agent Agreement (Attachment 1) will also
incorporate the City of Moorpark's (City) existing InterCity ADA Paratransit service. The
Fiscal Agent Agreement has been reviewed by the City Attorney.
In addition, staff is proposing several adjustments to the City's fare structure for fixed route
and DAR services. The adjustments are summarized below:
1. Increase the definition of a senior from 62 years or older to 65 years or older.
2. Increase Moorpark Senior DAR Program age requirement from 62 years or older to
65 years or older.
3. Passengers 65 years or older or passengers with a disability may travel on
Moorpark City Transit buses for free.
S'.\Public Works\Everyone\Reports\Staff Reports\2015\July\7-1-2015(ECTA Inter-City Senior DAR Program).00c 50
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4. IntraCity DAR fares will increase from $1.50 per ride to $2.00 per ride.
5. InterCity DAR fares for passengers with an ADA card will increase:
From $3.00 to$5.00 per ride for travel to Simi Valley, Thousand Oaks, or Westlake
Village.
From $4.50 to $5.00 for travel to Oak Park and Camarillo.
BACKGROUND
The City provides IntraCity service for Moorpark seniors age 62 or older and residents with
an ADA card. The service also includes InterCity travel for residents with an ADA card.
InterCity destinations include Camarillo, Oak Park, Simi Valley, Thousand Oaks, and
Westlake Village. InterCity service also includes transfers with Los Angeles Access (in
Westlake Village) and Gold Coast Access (in Camarillo). The City contracts with Thousand
Oaks to provide the transit services as does the County of Ventura. Similar to other transit
agencies in Ventura County, the City's DAR services far exceed the minimum federal ADA
requirement, which specify that complimentary ADA paratransit service must be provided to
individuals with an ADA card within a service area of three-quarters of a mile of a fixed
route service.
On September 11, 2013, the Cities of Moorpark, Camarillo, Simi Valley Thousand Oaks,
and the County of Ventura executed a Memorandum of Understanding (MOU) for the
Management, Funding and Cost Sharing for the Implementation of the ECTA. One of the
principal goals of the ECTA is to improve transit service coordination and connectivity. In
2013, the ECTA operators began working on a proposal that would reorganize the existing
InterCity DAR programs and expand the programs to make them available to seniors.
The ECTA Management and Operations Committee determined that a single InterCity DAR
operation, utilizing a contract operator and existing resources, presented the best option to
improve DAR service. As previously mentioned, Thousand Oaks currently provides DAR
services for the City of Moorpark and the County of Ventura, utilizing its contractor, MV
Transportation. Thousand Oaks is also the largest service provider of the five ECTA
members and is best positioned to lead the new DAR program. The proposed Fiscal Agent
Agreement is an agreement with the Cities of Moorpark, Simi Valley and Thousand Oaks, as
well as the County of Ventura, with Thousand Oaks responsible for contracting and
administering the program. Although the original plan called fora single operator for all DAR
services in the East County, the City of Camarillo has opted not to participate at this time. In
addition, the City of Simi Valley will retain its in-house operation of DAR services for its
seniors and ADA residents for travel within Simi Valley. The City of Simi Valley does not
currently provide direct InterCity ADA DAR services, nor does it provide InterCity Senior DAR
services; they will become new services for Simi Valley residents provided through the ECTA
DAR program.
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DISCUSSION
The proposed InterCity DAR program will provide service to seniors age 65 and older and
ADA certified residents on weekdays from 6:00 a.m. to 6:00 p.m. Thousand Oaks' existing
contractor, MV Transportation, would provide the DAR services using the existing
reservation phone number that Moorpark residents are accustomed to using, for the time
being. In the future, a separate phone number will be established that correlates with the
ECTA organization or CONNECT logo. The program will utilize four DAR vehicles that will
receive distinctive markings using the adopted ECTA logo (Attachment 2). The proposed
per ride cost to the City for InterCity travel will be $33.43 per ride. It should be noted that
this is a 17.79% increase to the current$28.38 per ride rate that the City pays for InterCity
ADA Paratransit service with its Agreement with Thousand Oaks. The rate increase is a
result of the City switching from its current Agreement with Thousand Oaks for both Intra
and InterCity travel to the ECTA DAR program. The new ECTA DAR program uses
dedicated vehicles for InterCity service only. The lengthier trips are expected to have fewer
passengers per mile (compared to an intermixing of Intra and InterCity services),
consequently, the prior reduced rate the City received by having both Inter and IntraCity
trips collectively divided between total costs for both services will be diminished. In the
prior DAR Agreement, Moorpark's InterCity trips were significantly less than the total
number of IntraCity trips provided for Thousand Oaks and the County of Ventura. Those
IntraCity trips will no longer be available to help reduce the City's InterCity trip costs.
The InterCity DAR program fare is proposed to be$5.00 per ride. The addition of InterCity
Senior DAR service requires an addition to the City's Fare Resolution, which establishes
fares for all public transit services. Under the proposed Fare Resolution (Attachment 3),
Moorpark seniors age 65 and older will pay $5.00 per ride. Moorpark residents with an
ADA card currently pay $3.00 per ride for travel to Simi Valley, Thousand Oaks and
Westlake Village and $4.50 per ride for travel to Camarillo and Oak Park. Staff is
proposing to increase the existing ADA DAR fare to $5.00 per ride, to match all other
InterCity fare requirements for the ECTA members. Having the same fares for all
members will reduce confusion, improve billing efficiency and provide consistency for DAR
drivers and operators. As City Council recalls, the creation of ECTA was in response to SB
716 and the Ventura County Transportation Commission's Regional Transit Study, which
stressed the importance of coordinated and consolidated transit services in order to create
more consistent and available transit services throughout Ventura County. Although the
new ECTA InterCity DAR service will add a new service for Moorpark seniors, it also
increases the overall DAR program expenditures for existing InterCity ADA service. The
proposed fare increase is also in response to establish a consistent InterCity fare for the
East County Area.
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The proposed fare of $5.00 per ride is 15.00% of the City's cost per ride ($33.43). For
comparison, the City's fixed route fare of$1.00 per ride is 8.87% of the City's cost per ride
($11.27/ride based on the first six months of FY 2015/16 expenses). The difference
between the two services; however, is that the City's fixed route costs are predominately
fixed. The City pays to have the current buses operate for specific hours of service. The
more passengers that use the service, the lower the City's per passenger cost. For DAR
services, the City pays a per ride rate. As more passengers use the service, the City's
expenses increa"se.
An increase in InterCity fares is also justified based on the increase in costs that the City
has seen in the past ten years. The last fare increase for InterCity DAR services was in
2005, when fares were increased from $2.00 per ride to $3.00 per for travel to Thousand
Oaks and Simi Valley, and from $2.00 per ride to $4.50 per ride for Camarillo and Oak
Park. In FY 2005/06, the average cost per ride for InterCity service was $19.31. The new
FY 2015/16 per ride cost will be$33.43, an increase of 73.12%. The current rate of$28.38
per ride is 46.97% higher than in FY 2005/06.
In addition to increasing InterCity fare, staff is proposing to increase IntraCity fare from
$1.50 per ride to $2.00 per ride. In the past ten years, the City has seen a 337.96%
increase in IntraCity trip costs (from $6.48 per ride to $28.38 per ride). The City's IntraCity
fare for ADA passengers cannot be more than double the fixed route bus fare for standard
passengers (currently $1.00 per ride). Although there is no maximum fare limitation for
IntraCity Senior DAR services, the City has traditionally kept all IntraCity fares the same,
and staff recommends continuing the practice. Table 1 below provides comparisons of
nearby DAR services and their current fares for both Intra and InterCity service.
Table 1: DAR Fare Comparisons
Agency IntraCity Fare InterCity Fare
City of Moorpark—current $1.50 $3.00 (Thousand Oaks/Simi Valley
$4.50 (Camarillo/Oak Park)
City of Moorpark — $2.00 $5.00 (all destinations)
proposed
City of Thousand Oaks $3.00 $6.00*
City of Simi Valley $1.50 $4.50**
Agoura Hills $1.50 $3.00***
*Thousand Oaks InterCity fare will be reduced to$5.00 effective August 1, 2015
**Simi Valley charges$1.50 to the Simi Valley transfer point. Moorpark DAR then charges$3.00 to complete
the trip.
***Agoura Hills only travels outside of Agoura Hills during designated trip times.
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An average of 50 registered passengers use the City's ADA and Senior DAR services per
month, with an average of 400 one-way rides provided per month (not including personal
care attendants. Based on 400 rides per month, the following ridership statics include:
• 75% (300) of all rides provided for passengers were for 10 trips or fewer per
passenger.
• 25% (100) of all trips provided for passengers were for 11 —41 trips per passenger.
• 25% (12.5) of passengers were responsible for 60% of all rides provided.
• 75% (37.5) of passengers were responsible for 40% of all rides provided.
• 60% (240) of rides were InterCity (travel to other cities).
• 40% (160) of rides were IntraCity (travel within Moorpark).
On average, 2 to 3 passengers per month will use the DAR service for Intra and InterCity
rides twice per day (or one round trip) every weekday. Using the City's current rate of
$28.38 per trip would cost $10,392.00 ($11,352.00 minus $960.00 in fares). One
passenger traveling between Moorpark and Thousand Oaks twice a day (1 round trip)
every weekday would average$1,065.96 ($1,191.96 minus$136.00 in fares)per month, or
10.00% of the City's monthly invoice.
With the addition of InterCity Senior DAR services for residents, age 65 or older, staff is
also recommending increasing the Senior DAR application age requirement from 62 years
to 65 years, and increasing the definition of a senior on the fixed route bus service from 62
years or older to 65 years or older. This will impact fares passengers pay on Moorpark City
Transit (currently $0.50 per trip for a passenger 62 or older). At present, there are five
registered Senior DAR participants between the age of 62 and 65 (or 2.37% of the
registered 211 participants). When the senior age is increased from 62 to 65, registered
participants under the age of 65 would be grandfathered into the program and recognized
as seniors, for IntraCity rides. Senior InterCity travel will require the passenger to be 65 or
older. Increasing the definition of a senior to 65 and older will be more consistent with
other transit agencies in Ventura County. The Ventura County Transportation Commission
(VCTC) "Human Service Transportation and Transit Service Coordination Study"
recommends a consistent age for all transit services. The age of 65 or older meets the
Federal Transit Administration (FTA) standard. Table 2 below provides a summary of
current senior age requirements in Ventura County.
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Table 2: Definition of a Senior in Ventura County
Agency Senior Eligibility Age
Gold Coast Transit 65
County of Ventura 65
VCTC InterCity 65
Oxnard Harbor DAR 65
Thousand Oaks Transit 65
Ojai Transit 65
Moorpark City Transit 62
Simi Valley Transit 60
Camarillo Area Transit 55
Although staff recommends raising fares for DAR services and increasing the definition of
a senior to 65 years or older, staff also recommends providing free trips on Moorpark City
Transit's fixed route service for passengers 65 and older and passengers with a disability.
The goal is to encourage passengers to use the bus service when possible, rather than the
DAR programs. In FY 2014/15, there were an estimated 7,800 senior and disabled
passenger trips on the bus, with $3,900 in fares collected. This is approximately 6.14% of
revenue on the bus service ($63,517). With DAR rides costing the City between $27 and
$33 per ride, decreasing the demand on DAR services would reduce the City's program
costs.
Information about the proposed changes in fares and senior definition was posted on the
City website and buses, (in English and Spanish). Notices were also posted at the Active
Adult Center and mailed to all registered Senior and ADA DAR members. The flyers and
letters provided the public with information on how to provide comments, including phone,
email, or standard mail. Information on a discussion meeting held at the Moorpark Active
Adult Center and the July 1, 2015 City Council meeting was also included. A list of all
comments received will be provided to City Council at the July 1, 2015 meeting.
The City's current ADA residents can travel to and from the Thousand Oaks service area
(Thousand Oaks, Oak Park, and Westlake Village) on Saturdays and Sundays, 8:00 am to
5:00 pm as part of the City's Transit Demonstration Service. Although weekend InterCity
travel is not a part of the ECTA InterCity program, Moorpark residents will continue to have
access to InterCity travel. Amendment No. 1 (Attachment 4) to the City's current DAR
Agreement with Thousand Oaks removes InterCity travel, with the exception of weekend
ADA InterCity travel. InterCity weekend travel will remain at the current per ride cost of
$28.38. Per the original Agreement, the rate can increase dependent on actual costs and
MV Transportation's CPI increase. The IntraCity ride cost will decrease slightly to $27.87
per ride.
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The proposed ECTA InterCity DAR program is expected to take effect August 1, 2015.
Table 3 on the following page provides a summary of all DAR services that currently exist,
and the services that will be available on August 1, 2015.
Table 3: Changes to DAR Services
Senior DAR Senior DAR ADA Intracity ADA InterCity
Intracity Intercity
Weekday Service- 5 a —8 pm n/a 5 a —8 pm 6 a —6 pm
Current
Weekend Service- 8 am—5 pm n/a 8 am—5 pm 8 am —5 pm
Current
Fare(per Ride)— $1.50 n/a $1.50 $3.00 -$4.50
Current
City Cost(per Ride) — $28.38 n/a $28.38 $28.38
Current
Weekday Service— 5 a —8 pm 6 a—6 pm 5 a—8 pm 6 a —6 pm
Post ECTA Agreement
Weekend Service— 8 am— 5 pm n/a 8 am—5 pm 8 am—5 pm
Post ECTA Agreement
Fare (per Ride)— $2.00 $5.00 $2.00 $5.00
Post ECTA Agreement
City Cost(per Ride)— $27 87 $33.43 $27.87 $28.38 (weekend)
Post ECTA Agreement $33.43 (weekday)
FISCAL IMPACT
As previously mentioned, the City's current per ride cost for InterCity ADA DAR service will
increase from $28.38 to $33.43 (a 17.79% increase). The City's current per ride cost for
IntraCity ADA DAR service will decrease from $28.38 to $27.87 (a 1.80% decrease). The
City's new per ride cost for InterCity Senior DAR service will be $33.43. The City's
estimated expenditures for DAR services in FY 2014/15 is $161,629. Based on current
and projected ridership, the new program will increase DAR services $35,989 in FY
2015/16, (from $161,629 to $197,718) assuming City Council approves the increase in
fares. If City Council does not approve the fare increase, fares collected would decrease
$8,948.50 and costs would be expected to increase$45,038 (from$161,629 to$206,667).
Adding the estimated InterCity Senior DAR ridership for FY 2015/16, total DAR costs are
expected to increase from $161,629 to $285,000, or a $123,371 increase.
The City's proposed FY 2015/16 Budget includes $200,000 from Local Transit Programs
8C Fund (5000) for the City's current DAR services, excluding the Transit Demonstration
Service. The FY 2015/16 Transit Demonstration Service includes $48,800, though past
demand indicates that actual expenses will not come near that amount). Fund 5000
includes $140,000 in Transportation Development Act (TDA) Article 8c funds as well as
$60,000 in Federal Transit Administration (FTA)funds. The Transit Demonstration Service
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is funded with Other Federal Revenue/Grants Fund (2604) with an 11.47% local match
from Traffic Systems Management (TSM) Fund (2001) and is not expected to be affected
by the ECTA Fiscal Agent Agreement. The FY 2015/16 Budget also includes$85,000 from
Fund 5000 for the new ECTA InterCity Senior DAR service, which includes$10,000 in FTA
funds and $75,000 in TDA Article 8c funds.
Although $70,000 in FTA funds is budgeted in FY 2015/16 for DAR services(excluding the
Transit Demonstration Service) staff is anticipating that the City will be able to receive
approximately $146,000 in FTA funds in FY 2015/16, which will decrease the amount of
TDA money needed for the services. This increase in FTA funding is temporary; however,
as the City uses prior year allocations of FTA funding for fixed route maintenance services,
which allows the City to use more of its new year FTA allocation for DAR services. A
budget amendment will be presented to City Council in FY 2015/16, after the City receives
confirmation from the VCTC that its FY 2015/16 FTA allocation request has been
approved.
The ECTA Agreement includes the potential for an annual increase to the cost of services.
Costs will be adjusted each year based on the sum of costs of all trips provided by MV
Transportation for the period of July 1 through June 30 of the prior fiscal year divided by
the total number of trips provided in the same time period plus MV Transportation's earned
CPI adjustment (as defined in their Agreement with Thousand Oaks) plus a Thousand
Oaks administrative charge. Costs exclude one-time capital expenditures associated with
vehicle purchases and capital improvement projects specific to DAR service. The InterCity
service is a new service; consequently, the ECTA members have agreed that Thousand
Oaks can request an adjustment to its administrative overhead charge if it determines (and
can substantiate) that during the Agreement period its administrative costs exceed its
original estimates. The adjustment must be approved by a majority of the participating
ECTA agencies.
Amendment No. 1 to the City's Agreement with Thousand Oaks for DAR services does not
change the original Agreement's annual rate increase which is similar to the ECTA
Agreement, with the exception that a clause permitting Thousand Oaks to adjust the rate at
any time during the year based upon its administrative overhead is not included.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve the East County Transit Alliance Fiscal Agent Agreement for InterCity ADA
and Senior Dial-A-Ride Services; and authorize the Mayor to sign the Agreement,
subject to final language approval of the City Manager and City Attorney; and
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2. Approve Amendment No. 1 to the Moorpark Dial-A-Ride Agreement with the City of
Thousand Oaks; and authorize the Mayor to sign the Amendment subject to final
language approval of the City Manager; and
3. Adopt Resolution No. 2015 - , establishing the fares for the Moorpark City
Transit Fixed Routes, Senior Dial-A-Ride and Disabled Paratransit Services.
Attachments:
1 . ECTA Fiscal Agent Agreement
2. ECTA Logo
3. Draft Resolution
4. Moorpark Dial-A-Ride Amendment No. 1
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Attachment 1
FISCAL AGENT AGREEMENT
FOR INTERCITY DIAL-A-RIDE SERVICES
This Fiscal Agent Agreement ("Agreement"), effective as of
, is by and between the City of Thousand Oaks, a
California municipality ("CITY") and the parties to the Memorandum of
Understanding for the Management, Funding and Cost Sharing for the
Implementation of the East County Transit Alliance ("MOU," attached and
incorporated here as Exhibit A). The parties to the MOU are the cities of
Moorpark, Simi Valley, Thousand Oaks, and the County of Ventura (collectively
"Agencies").
RECITALS
WHEREAS, the Agencies have entered into the MOU in Exhibit A, dated
September 11, 2013; and
WHEREAS, the MOU established a Management Committee (Committee)
consisting of one representative from each of the Agencies to work together to
accomplish projects set forth in an Implementation Plan (Plan); and
WHEREAS, Article III, Section 3.3 of the MOU states that the Agencies
participating in a project associated with the Plan may select, by unanimous
agreement, a Fiscal Agent to manage the project, including monitoring budgets
and project implementation, the duties and responsibilities for which will be set
forth in a Fiscal Agent Agreement; and
WHEREAS, CITY is willing to provide the services required of the Fiscal
Agent under the MOU and as provided in this Agreement.
NOW, THEREFORE, in consideration of their mutual promises,
obligations, and covenants hereinafter contained, the parties hereto agree as
follows:
ARTICLE 1 — SCOPE AND PERFORMANCE OF SERVICES
1.0 Unless otherwise defined in this Agreement, all initially capitalized words
and terms will have the meanings provided in the MOU
1.1 CITY agrees to perform the services ("Services") required of the Fiscal
Agent in the time and manner described in the attached Scope of Services
(Exhibit "B-1") and as detailed in this Agreement.
1.2 CITY will furnish all of the labor, technical, administrative, professional and
other personnel, all supplies and materials, equipment, and all other
means whatsoever, except as otherwise expressly specified in this
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Agreement, necessary or proper to perform and complete the Services
required of Fiscal Agent under this Agreement.
1.3 CITY will not be compensated for any Services rendered in connection
with this Agreement that are in addition to or outside of the Services set
forth in this Agreement, unless such additional Services are authorized in
advance in writing by Agencies.
1.4 Agencies may request changes to the Services, consisting of additions,
deletions, or other revisions, and the compensation to be paid CITY will be
adjusted accordingly. All such changes must be authorized in writing,
executed by CITY and Agencies, and authorized by the requested
Agency's governing body with budgetary approval sufficient to cover those
changes. CITY will not be bound to provide additional services unless and
until sufficient funding for those additional changes and/or services have
been procured and budgeted by the requesting Agency's governing body
before any change in service. The cost or credit to Agencies resulting
from changes in the Services will be determined by the written agreement
or amendment to this Agreement between the Agencies.
Article II — COMPENSATION AND PAYMENT
2.1 Fees to CITY for those services and expenses set forth in the Schedule of
Fees, attached as Exhibit "C-1", shall be calculated as set forth therein.
The fees set forth in the exhibit shall be binding upon Agencies for the
term of this Agreement. The CITY and the Committee will review the
CITY's level of effort and reimbursement semi-annually and upon the
concurrence of the Committee and CITY may adjust the monthly payment
up or down with an aggregate annual reimbursement not to exceed that
set forth in the exhibit. Parties have caused sufficient funds to be
deposited with CITY or in an account managed by CITY to cover the
monthly cost of such Services. CITY is authorized to withdraw during the
following month the amount owed for the prior month's Services.
2.2 All payments shall be made within thirty (30) days after receipt of written
verification from the CITY of the actual compensation earned, in a form
satisfactory to the Agencies. Invoices shall be addressed to the
respective Agency as identified in Exhibit "B" to the MOU.
2.3 Any payment to CITY for Services performed under this Agreement will
not be deemed to waive any defects in the Services performed by CITY.
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ARTICLE III — INDEMNIFICATION
3.1 To the fullest extent permitted by law, CITY shall defend, indemnify and
hold harmless Agencies and their elected officials, officers, employees,
servants, designated volunteers (collectively, "Indemnitees") from and
against all claims, demands, lawsuits, judgments, damages, losses,
injuries or liability, including, without limitation monetary or property
damage, personal injury or wrongful death, and costs or expenses,
including legal counsels' fees and costs of defense (collectively, "Claims")
whether actual, alleged or threatened, which arise out of, pertain to, or
relate to, in whole or in part, the negligent acts or omissions, or willful
misconduct, of CITY, its elected officials, officers, agents, employees,
contractors or consultants, including, without limitation, City's contracted
transit operator, in the performance of this Agreement, except for such
Claims arising from the sole negligence or willful misconduct of Agencies.
CITY shall require its contracted transit operator to similarly agree to
defend and indemnify Agencies for the acts or omissions of the contracted
transit operator or its officers, agents, employees, contractors or
consultants.
3.2 The provisions of Article III will survive the expiration or earlier termination
of this Agreement.
ARTICLE IV— INSURANCE
4.1 CITY shall at all times during the term of this Agreement require CITY's
contracted transit operator to carry the insurance specified in Section 10
("Insurance") of the Agreement for Professional Services Between the
CITY and Contract Operator, Contract No. 10470-2014, dated May 27,
2014, attached and incorporated here as Exhibit D. CITY shall require
CITY's contracted transit operator to name Agencies and their elected
officials, officers and employees as additional insured on all liability
insurance specified in Section 10 of Exhibit D.
ARTICLE V—TERMINATION OF AGREEMENT
5.1 The CITY must serve a term of not less than one fiscal year. The CITY
may withdraw at the end of the fiscal year upon providing written notice to
the Committee before March 1st, prior to the next fiscal year.
5.2 Any Agency may withdraw from this Agreement upon providing written
notice to the Management Committee in accordance with Section 5.4 of
the MOU no later than March 1s` prior to the next fiscal year. Withdrawal
will be effective on July 1st of the new fiscal year.
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5.3 Any Agency that withdraws from this Agreement will remain liable for that
Agency's share of the actual project costs incurred under this Agreement
through the end of the fiscal year in which notice is given, as well as that
Agency's share of the cost of any Services that cannot be terminated prior
to the end of the then current fiscal year.
5.4 Upon any Agency's withdrawal from this Agreement, the Management
Committee will revise any cost sharing formulas in place at the time of the
withdrawal to equitably reduce or reapportion the withdrawing Agency's
contribution, net of any cost savings for reductions in activities,
administration, or Services, among the remaining Agencies.
5.5 This Agreement will be considered terminated upon the withdrawal of two
or more Agencies in accordance with Section 5.2 above.
ARTICLE VI — GENERAL PROVISIONS
6.1 As Fiscal Agent, the CITY shall adhere to the General Provisions of the
Fiscal Agent as described below:
A. The Fiscal Agent shall develop a recommended annual budget for
the assigned Services for review by the Committee, subject to
approval by the Agencies in accordance with the MOU.
B. The Fiscal Agent has entered into a contract with MV Transportation,
contract No. 10470-2014 dated May 27, 2014 with a termination date
of June 30, 2019, to implement the Services. When applicable, a
separate Agreement between the Fiscal Agent and the Agencies may
be required for services performed by the Fiscal Agent's contractor.
C. The Fiscal Agent shall be the treasurer of Plan funds. The Fiscal
Agent, in accordance with Generally Accepted Accounting Principles
(GAAP), must keep the Plan funds segregated from any other funds
administered by the Fiscal Agent; must establish fund and payment
accounts; must invest funds in accordance with state law; must credit
the Plan with appropriate interest income earned on Plan funds in
each fiscal year; and may not expend any funds except in
accordance with the annual budget approved by the Agency boards.
D. By February 1st of each year, the Fiscal Agent must cause to be
prepared a projected detailed annual budget for review and
recommended approval by the Committee, and ultimately approval
by the Agency boards, for the following fiscal year, as described
under Section 4.1B of the MOU. The Fiscal Agent shall retain all
fiscal records as required by the project's respective requirements
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and make those records available for review by any Agency upon
request.
E. The Fiscal Agent must provide a copy of any contract executed on
behalf of the Agencies to the Committee upon request.
F. The Fiscal Agent may request, as part of the annual Plan budget,
reimbursement for reasonable and customary costs incurred in
providing the services.
G. The Fiscal Agent shall cause to be prepared audits as required.
6.2 This Agreement, including any dispute arising out of it, is governed by the
laws of the State of California.
6.3 There are no understandings or agreements between CITY and Agencies
other than those set forth in this Agreement. This Agreement may not be
modified or amended except by written agreement of all Agencies. The
CITY may not assign or transfer this Agreement or any portion of this
Agreement or the performance of any of CITY's duties or obligations
under this Agreement without the prior written consent of Agencies.
6.4 This Agreement will be effective when executed by all Agencies (Effective
Date). The initial term of the Agreement will be through June 30, 2016.
Thereafter, the Agreement will automatically renew annually on a fiscal
year basis (July 1 — July 30), until terminated in the manner provided for in
Article V of this Agreement.
6.5 Any notices, bills, invoices, or reports relating to this Agreement, and any
request, demand, statement or other communication required or permitted
hereunder must be in writing and must be delivered to the representatives
of the Agencies at the addresses set forth in Exhibit B to the MOU in
Exhibit A. A notice will be deemed to have been received on (a) the day
of delivery, if delivered by hand during regular business hours or by
confirmed facsimile; or, (b) on the third business day following deposit in
the United States mail, postage prepaid.
6.6 CITY is and shall at all times remain as to the Agencies a wholly
independent contractor. The personnel performing the services under this
Agreement on behalf of the CITY shall at all times be under CITY's
exclusive direction and control. Neither Agencies nor any of their
respective officers, employees, or agents shall have control over the
conduct of CITY or any of CITY's officers, employees, or agents, except
as set forth in this Agreement. CITY shall not at any time or in any
manner represent that it or any of its officers, employees, or agents are in
East County Transit Alliance— Fiscal Agent Agreement
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63
any manner officers or employees, or agents of the Agencies except as
set forth in this Agreement. CITY shall not incur or have the power to
incur any debt, obligation, or liability against Agencies, or bind Agencies in
any manner.
No employee benefits shall be available to CITY in connection with the
performance of this Agreement. Except for the fees paid to CITY as
provided in the Agreement, Agencies shall not pay salaries, wages, or
other compensation to CITY for performing services hereunder for
Agencies. Agencies shall not be liable for compensation or
indemnification to CITY for injury or sickness arising out of performing
services hereunder.
6.7 If any provisions of this Agreement are held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions
will nevertheless continue in full force without being impaired or
invalidated in any way.
6.8 CITY shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. CITY
shall at all times observe and comply with all such laws and regulations,
including but not limited to the Americans with Disabilities Act, Federal
Transit Administration (FTA) requirements as specified in Exhibit "E", and
Occupational Safety and Health Administration (OSHA) laws and
regulations. Agencies and their officers and employees, shall not be liable
at law or in equity occasioned by failure of CITY to comply with this
Section.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on their behalf as of the dates specified below, respectively, as follows:
Signatures on following pages
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64
CITY OF MOORPARK
Date: APPROVED AS TO FORM
By: By:
East County Transit Alliance— Fiscal Agent Agreement
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65
CITY OF SIMI VALLEY
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66
CITY OF THOUSAND OAKS
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST:
Linda D. Lawrence, City Clerk
APPROVED AS TO ADMINISTRATION:
Scott Mitnick, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
Felicia Liberman, Assistant City Attorney
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COUNTY OF VENTURA
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Exhibit A
East County Transit Alliance Memorandum of Understanding
These pages are out of sequence of Fiscal Agent Agreement's pages 1-23
69
Exhibit A
MEMORANDUM OF UNDERSTANDING
MANAGEMENT, FUNDING AND COST SHARING FOR THE IMPLEMENTATION OF
THE EAST COUNTY TRANSIT ALLIANCE
This Memorandum of Understanding (MOU) is entered into effective
September 11 . 2013 , by the cities of Camarillo, Moorpark, Simi Valley,
Thousand Oaks, and the County of Ventura (hereinafter Agencies).
RECITALS
WHEREAS, the Agencies wish to form the East County Transit Alliance (ECTA)
to guide, enhance and expand regional and local transit services and connections in
Ventura County, and surrounding areas whenever feasible, possible and mutually
agreed upon; and
WHEREAS, each of the cities is a municipal corporation of the State of
California, and the County of Ventura is a political subdivision of the State of California;
and
WHEREAS, on April 13, 2012, the Ventura County Transportation Commission
(VCTC) approved the Regional Transit Study Final Report: Executive Summary and
Report to the Legislature, which included a recommendation for the creation of a
Memorandum of Understanding between the Cities of Camarillo, Moorpark, Simi Valley,
and Thousand Oaks, and the County of Ventura for unincorporated areas within eastern
Ventura County, to further coordination of regional and local transit services; and
WHEREAS, each of the Agencies retains the authority and the power to own,
maintain, and operate a public transportation system within its respective jurisdiction;
and
WHEREAS, the Agencies have established a successful track record in
cooperative efforts, including but not limited to, a joint compressed natural gas (CNG)
fueling agreement between the cities of Simi Valley and Moorpark; joint transit services
between the City of Thousand Oaks and the County of Ventura for certain
unincorporated areas of the County, including Oak Park; and joint transit services
between the cities of Thousand Oaks and Moorpark; and
WHEREAS, the Agencies wish to improve regional and local transit services and
provide an enhanced transit system in their respective jurisdictions through the
development of enhanced regional connections, mutual service agreements, increased
coordination of hours of service, fares, transfers, policies, and public information for
fixed route, Americans with Disabilities Act (ADA), and Dial-A-Ride (DAR) services
whenever feasible, possible and mutually agreed upon; and
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Contract No. 10212-2013 7 0
WHEREAS, the Agencies wish to achieve cost efficiencies through the expanded
use of cooperative purchases and grant applications, service agreements, technology,
shared expertise, and the shared use of infrastructure such as fueling facilities, dispatch
centers, and administration facilities wherever feasible, possible and mutually agreed
upon; and
WHEREAS, the Agencies wish to work together in their own and each other's
best interests to provide a comprehensive and vital transit system that serves both
regional and inter-City needs; including enhanced connecting services to colleges,
universities, employers, Metrolink, and other areas of Ventura County, and the greater
Los Angeles area; and
WHEREAS, the Agencies intend to enter into this MOU to cooperatively and
mutually establish the ECTA for the purpose of implementing the ECTA Goals.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the Agencies agree as follows:
ARTICLE I — PURPOSE OF AGREEMENT
1.1 The Agencies participating in this MOU, with the approval of their respective
legislative bodies, hereby join together as the ECTA for the purpose of the
development, expansion, and investment in regional and local transit services in
their respective jurisdictions based on the Transit Goals set forth in this MOU.
The Agencies, through this MOU, intend to provide enhanced regional and local
transit services and on a regional level with other transit agencies through
mutually beneficial cooperation and coordination of services, planning efforts,
administration, and infrastructure. It is intended that services within individual
jurisdictions will remain under the authority and control of each individual
Agency.
ARTICLE II — DEFINITIONS
2.1 FISCAL AGENT: Means either a third party public entity or an Agency
participating in a Plan project that is retained to oversee and manage that Plan
project.
2.2 PLAN: Means the plan adopted by the Management Committee that outlines
various objectives, projects and plans to be implemented by the ECTA.
2.3 TRANSIT GOALS: Means the goals of the ECTA adopted as part of this MOU
as described in the attached Exhibit "A".
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Page 2 of 14
Contract No. 10212-2013 7 1
ARTICLE III — RESPONSIBILITIES
3.1 AGENCIES
A. The Agencies agree to form a "Management Committee" consisting of one
representative from each Agency to work together to accomplish projects
set forth in the Plan. Except where specifically provided in this MOU, it is
recognized that each Agency will need the approval from its own
respective governing board when making changes to its individual transit
programs. Neither the Management Committee nor any participating
Agency has any authority or control over any other individual Agency's
transit services, programs, or budget.
B. Each Agency will select its applicable Management Committee
representative and an alternate representative to serve in the absence of
the primary representative. Each representative must be an Agency
employee with appropriate technical background or responsibilities
relevant to the purposes of the Plan. The representative and alternate
representative will be selected by the respective Agency's Chief Executive
Officer/City Manager or his/her designee.
C. The Plan will set forth various transit projects in the eastern portion of
Ventura County consisting of members of ECTA. The Plan will be
prepared and adopted by the Management Committee annually, and each
Agency must submit it to the legislative body of its Agency on an annual
basis. Specific projects set forth in the Plan may only be pursued if the
project and associated budget for that project are adopted and approved
by each Agency participating in that particular project.
D. With the exception of specific contracted services referenced in this MOU
and Plan, each Agency is responsible for administering its own services,
contracts, and expenses.
E. Nothing in this MOU may be construed to prevent any Agency from
entering into its own agreements for services or working with other
agencies, whether or not included in this MOU, for transit services.
3.2 MANAGEMENT COMMITTEE
A. The Management Committee must prepare, adopt, and implement the
Plan in a timely, accountable fashion, following the principles and methods
provided in this MOU. The Management Committee must review and
adopt the Plan annually, and may modify or amend the Plan in
accordance with the provisions of this MOU. Upon adoption by the
Management Committee, each Agency must submit the Plan to its
legislative body.
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B. The Management Committee is responsible for preparing a budget for
each Plan project. The Management Committee will present the proposed
budget for each Plan project to the participating Agencies for approval. If
approved by all participating Agencies, the Management Committee will
oversee project implementation.
C. The Management Committee will attempt to reach consensus on all issues
associated with the Plan. If a vote is necessary, each Management
Committee member will have one vote. To pass, a motion must receive at
least three affirmative votes from the Management Committee. However,
notwithstanding the foregoing, a motion that would affect a Plan project
budget, to pass, must receive unanimous approval of the Management
Committee members whose Agencies are participating in that project.
D. The Management Committee will manage Plan task timelines and budgets
as provided in approved project budgets and annual Plan updates.
Management of budgets includes reviewing status reports to ensure
specific project costs do not exceed budgeted costs.
E. The Management Committee must meet at least quarterly and as required
to meet MOU requirements.
F. The Management Committee will review and revise the Transit Goals at
least every three years. Once adopted by the Management Committee,
each Agency must present the Transit Goals to its legislative body for
approval.
3.3 FISCAL AGENT. The Agencies participating in a project associated with the
Plan may select, by unanimous agreement, a Fiscal Agent to manage the
project, including monitoring budget and project implementation. Actual duties
and responsibilities will be set forth in a separate Fiscal Agent Agreement
between the participating Agencies.
3.4. DOCUMENTATION. The Agencies agree to provide to one another all readily
available information and documentation that is agreed to be necessary to
perform the Plan.
ARTICLE IV— FUNDING AND COSTS
4.1. FUNDING
A. The Agencies agree to provide funding for the costs of the Plan as
projects identified by the Plan are adopted by the participating agencies
consistent with each Agency's authorized budget.
East County Transit Alliance - MOU
Page 4 of 14
Contract No. 10212-2013 7 3
C. All costs for Plan projects will be shared based upon each Agency's
agreed project allocation. The Fiscal Agent will invoice each participating
Agency for its allocated project costs in accordance with the Fiscal Agent
Agreement for that project.
ARTICLE V— GENERAL PROVISIONS
5.1. TERM. This MOU will be effective when executed by at least three Agencies
(Effective Date). The initial term of the MOU will be for a period of five years
from the Effective Date. Thereafter, the MOU will automatically renew annually
upon the anniversary of the Effective Date until terminated in the manner
provided for in Section 5.2 of this MOU.
5.2 WITHDRAWAL
A. Any Agency may withdraw from this MOU and thereby membership in the
ECTA upon providing written notice to the Management Committee in
accordance with Section 5.4 no later than March 1st prior to the next fiscal
year. Withdrawal will be effective on July 1st of the new fiscal year.
B. Any Agency that withdraws from this MOU will remain liable for that
Agency's share of the actual project costs incurred under this MOU
through the end of the fiscal year in which notice is given, as well as that
Agency's share of the cost of any services that cannot be terminated prior
to the end of the then current fiscal year.
C. Upon the withdrawal from the MOU by any Agency, the Management
Committee will revise any cost sharing formulas in place at the time of the
withdrawal to equitably reduce or reapportion the withdrawing Agency's
contribution, net of any cost savings for reductions in activities,
administration, or services, among the remaining Agencies.
D. This MOU will be considered terminated upon the withdrawal of two or
more Agencies in accordance with Section 5.2.A. above.
5.3. AMENDMENTS. During the term of this MOU, upon request by any Agency, the
other Agencies must make reasonable efforts in good faith to reach an
agreement on modifications to the MOU that may be reasonably necessary to
effectuate the intent of this MOU.
Any proposed amendments to this MOU must be in writing and must have the
unanimous consent of the members of the Management Committee. Upon such
consent, the amendment must be presented to the legislative body of each
Agency Board for approval within ninety (90) days of notice by the Management
Committee.
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Contract No. 10212-2013 7 4
B. A budget for each Plan project will be established by the Management
Committee and adopted by all Agencies participating in that project prior
to the implementation of each respective project. If the project costs
exceed the approved budget, each participating Agency must obtain
funding approval from its legislative body prior to continuation of the
project, or the participating Agencies must make revisions to the project to
ensure costs do not exceed the approved budget.
C. The Agencies understand and agree that wherever feasible, funding for
transit services identified in the MOU for joint funding will be funded with
federal funds provided through Federal Transit Administration (FTA)
grants and additional grants (both federal and state). Only after federal
and state funds have been maximized to the fullest extent will the
Agencies be required to use local Transportation Development Act (TDA)
or other local funds.
D. To the extent an Agency fails to timely pay all or a portion of its cost
allocation for a Plan project, the Management Committee or Fiscal Agent
will direct the applicable project contractor(s) to reduce, to the extent
feasible, the project activities that directly apply to that Agency in
proportion to the reduction in that Agency's contributions. If the remaining
expenses for the remaining Agencies are higher than the initial cost
allocation, then the remaining Agencies must either agree to proportionally
increase their contributions or direct that the project activities be further
reduced. Reduction of services under this provision will not relieve the
affected Agency of responsibility to cure its failure to pay that Agency's
cost allocation.
4.2. CONTRACT FOR SERVICES
A. The Management Committee is responsible for developing and preparing
Requests For Proposals for Plan projects. Upon approval of a Plan
project, the participating Agencies will select a Fiscal Agent to issue the
RFP, negotiate a contract, and select the contractor(s) in compliance with
this MOU and applicable State and Federal regulations. If proposed costs
exceed approved budgets, the Fiscal Agent must notify the participating
Agencies and request the Agencies' direction on approval of additional
funds or modification of the project.
B. Contractor(s) for each project must be retained by contract and the
participating Agencies must disburse funds to the Fiscal Agent in
accordance with its project allocation obligations in a timely manner after
receipt of an invoice.
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Page 5 of 14
Contract No. 10212-2013 7 5
5.4. NOTICES. Any notices, bills, invoices, or reports relating to this MOU, and any
request, demand, statement or other communication required or permitted
hereunder must be in writing and must be delivered to the representatives of the
Agencies at the addresses set forth in the attached Exhibit "B". A notice will be
deemed to have been received on (a) the day of delivery, if delivered by hand
during regular business hours or by confirmed facsimile; or, (b) on the third
business day following deposit in the United States mail, postage prepaid.
5.5. RELATIONSHIP OF THE AGENCIES. The Agencies are, and will at all times
remain as to each other, wholly independent entities. No Agency has the power
to incur any debt, obligation, or liability on behalf of any other Agency unless
expressly provided by this MOU. No employee, agent, or officer of an Agency
will be deemed for any purposes whatsoever to be an agent, employee or officer
of another Agency.
5.6. FURTHER ACTS. The Agencies agree to cooperate fully with one another to
attain the purposes and objectives of this MOU.
5.7. INDEMNIFICATION AND INSURANCE. Each Agency is solely responsible and
liable for its individual obligations under this MOU. This MOU in and of itself
does not include specific insurance requirements. Insurance requirements will
be specified in separate project agreements approved by respective Agencies.
Each Agency agrees to indemnify, defend, and hold the other Agencies harmless
for all losses, claims, and liability including attorneys' fees and costs, arising to
the extent of the negligence or willful misconduct of the indemnifying Agency.
5.8. EXECUTION OF COUNTERPARTS. This MOU may be executed in
counterparts, each of which will be deemed an original, but together will.
constitute one and the same instrument.
5.9. GOVERNING LAW. This MOU, including any dispute arising out of it, is
governed by the laws of the State of California.
5.10. SEVERABILITY. If any provision in this MOU is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any
way.
IN WITNESS WHEREOF, the Agencies have caused this East County Transit
Alliance MOU to be executed on their behalf as of the dates specified below,
respectively, as follows:
Signatures on following pages
East County Transit Alliance -MOU
Page 7 of 14
Contract No. 10212-2013
76
•
East County Transit Alliance MOU—Signatures:
CITY OF CAMARILLO
Date: Oaf. I, 2-0 13 APPROVED s TO FOR •
I
By: L l Sig, , t . ' By: a Sr
ayor Ci romey
East County Transit Alliance-MOU
Page 8 of 14
CC Agreement No. 2013-56
Contract No. 10212-2013 7 7
East County Transit Alliance MOU— Signatures (continued):
CITY OF MOORPARK
Date: /0 -/lo- 20,3 APPROVED AS TO FORM:
FORM:
By: l l(,cJ 1 �l4W By: Cad
Germ
�•r City Attorney
East County Transit Alliance - MOU -
Page 9 of 14
Contract No. 10212-2013 7 8
East County Transit Alliance MOU— Signatures (continued):
CITY OF SIMI VALLEY
Date: S¢Qbt-W1 bef ? 7-013 APPROVED AS TO F• :
2-119
By: �/ r� �/ ► By: c-�
�. . -rt 0. H ber, Mayor onia Hehir, Acting 'ity Attorney
ATTEST: APPROVEDA Ts ADMINISTRATION:
By: By: i`JIJ1
Ky Spa ler, As City Clerk . Eric J. Le Rei City Manager
East County Transit Alliance- MOU
Page 10of14 -
Contract No. 10212-2013 7 9
East County Transit Alliance MOU —Signatures (continued):
CITY OF THOUSAND OAKS
Date: September� 24. 2013 APPROVED AS TO FORM:
By: i c ee) By: .--
laudia Bill-de la P-na, M. sr racy N onan, City Attorney
ATTEST: APPROVED A 0 ADMINISTRATION:
By: By: 'We
Linda D. Lawrence, City Clerk Scott Mitnick, i y anager
East County Transit Alliance - MOU
Page 11 of 14
Contract No. 10212-2013
8 0
East County Transit Alliance MOU-signatures (continued):
COUNTY OF VENTURA
1
Date: ,!.i-fl7 r lva APPROVi AS TO FO.MM�
By: rag B ;r-.L .y 4 .
Chair, card .f Supe."ors Co tyCou ,-1
Act-6 r.
"e4,\ '
\\,,,,... �Fi
rP•R
East County Transit Alliance -MOU
Page 12 of 14
Contract No. 10212-2013
8 1
Exhibit "A"
East County Transit Alliance MOU
Transit Goats
A. Provide public transit services that are inclusive, customer focused, efficiently
operated, and financially viable.
B. Enhance existing transit services and options through a cooperative and
collaborative partnership that balances regional concerns with each agency's unique
transit needs.
C. Improve local and inter-agency transit connectivity within the ECTA service area and
with other transit service providers in Ventura and Los Angeles counties.
D. Improve coordination of public transit services in the key areas of scheduling, fares,
eligibility, marketing and outreach, policies and procedures.
E. Establish a single provider for ADA and Senior DAR service within the ECTA service
area.
F. Leverage cost efficiencies though coordinated purchases of services and equipment,
shared use of facilities and other capital resources, and investments in technology.
East County Transit Alliance -MOU
Page 13 of 14
Contract No. 10212-2013 8 2
Exhibit "B"
East County Transit Alliance MOU
Notices
City of Camarillo
Tom Fox, Public Works Director
601 Carmen Drive
Camarillo, CA 93010
City of Moorpark
Dave Klotzle, Public Works Director
799 Moorpark Avenue
Moorpark, CA 93021
With copy to:
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
City of Simi Valley
Jim Purtee, Assistant City Manager
2929 Tapo Canyon Road
Simi Valley, CA 93063
City of Thousand Oaks
Jay Spurgin, Public Works Director
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
County of Ventura
David Fleisch
Transportation Department Director
Public Works Agency#1620
800 S. Victoria Avenue
Ventura, CA 93009
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Contract No. 10212-2013 8 3
EXHIBIT "B-1"
SCOPE OF SERVICES
CITY's Duties and Responsibilities - Operations
CITY accepts responsibility for and shall perform, through the use of CITY's
contracted transit operator the Services set forth below in connection with the
operation and management of ECTA InterCity Senior and ADA Paratransit
Program (InterCity Services).
Except as specifically noted below or where not applicable in the scope of the
duties as described above, the terms of the CITY's contract with transit operator,
shall describe and set forth the standards by which CITY shall provide services
under this Agreement. To the extent of any conflict between the terms of the
CITY's contract with transit operator and the terms of this Agreement, the terms
of this Agreement shall control.
1. Operations:
CITY shall provide operations management at a level sufficient to
oversee the performance of the Services required under this
Agreement.
2. Service Area, and Days and Hours of Operation:
InterCity Services: This origin-to-destination service is for residents
aged 65 and older and persons with disabilities certified under ADA.
Service area is InterCity travel between Agencies' jurisdictions.
This origin-to-destination service enables persons with disabilities
certified under the ADA to travel between Camarillo, Moorpark, Simi
Valley, Thousand Oaks, Westlake Village, and surrounding areas of
Ventura County between and within the respective cities (including but
not limited to Home Acres, Hidden Hills, Lake Sherwood, Lynn Ranch,
Newbury Park, Oak Park, Rolling Oaks, Somis, and Ventu Park). The
service also provides transfer services to the cities of Oxnard and
Ventura, and Los Angeles County at designated transfer points, which
are:
OxnardNentura (via Gold Coast Transit):
• Camarillo Bus Stop — 1306 North Del Norte Drive, Camarillo,
Los Angeles County (Via L.A. Access):
• Carl's Jr. — 887 South Westlake Boulevard, Thousand Oaks.
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InterCity Services are provided for all Agencies on the following
schedule: Monday through Friday, 6:00 a.m. — 6:00 p.m.
There is no service outside these hours, or on the following six (6)
national holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day. Service is provided
on other federal, state and local holidays. Agencies agree to match
CITY modified service hours on December 24 and December 31.
Agencies reserve the right to make adjustments to the service area,
days, and hours. Adjustments shall be made in writing and shall be
approved by all affect Agencies as described in Section 1.4 to the
Fiscal Agent Agreement.
3. Personnel:
All employees providing Services under this Agreement with the
exception of CITY's Project Manager and Fleet staff will be employees
of CITY's contracted transit operator, and subject to the transit
operator's rules or requirements of CITY's transit operator Agreement,
Contract No. 10470-2014.
4. Dispatch:
CITY shall provide dispatch services for Agencies during the same
times and days as required by CITY. Reservation guidelines are as
follows:
Inter-City travel: Participants are required to make reservations at a
minimum of the day before a requested pick-up and not more than
fourteen (14) days in advance. A thirty (30) minute window for pickup
will be provided (for example, a 9:00 a.m. pickup request means that a
vehicle can arrive anytime between 8:45 a.m. and 9:15 a.m.). The
participant must be ready during that time period. The participant will
be instructed that the vehicle will not dwell longer than five (5) minutes
while waiting for the participant to reach the vehicle. Subscription
service is available.
5. Vehicles:
CITY warrants that it has sufficient vehicles to adequately meet
demand and provide service within the on-time performance standards
described in the transit operator agreement in Exhibit D.
6. Drivers:
CITY shall provide drivers and customer service as required utilizing its
contract operator.
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7. Operation Records and Reports:
CITY shall be required to maintain ridership and operations records for
this service as described below.
CITY shall be responsible for submission of monthly service summary
reports to Agencies, separated out by Agency. These reports, to be
submitted by CITY within fifteen (15) business days of the end of each
calendar month, shall include, but not be limited to, the following:
A. Listing of all vehicle breakdowns/road calls occurring while
providing service to residents with a description of the cause and
corrective actions taken.
B. Date, time, and length of time for any service disruptions.
C. A monthly summary of vehicle miles, vehicle miles since last
preventive maintenance inspection, a list of any vehicle repairs
made, number and length of time a backup vehicle was used, and
vehicle road calls.
D. Total participant counts by category and fare (senior, ADA,
destination) and date.
E. Participant counts by payment method (cash, pass, free meal trip,
transfer) by date.
F. Missed or abbreviated route trips, delays or unusual incidents while
on duty.
Additionally, CITY shall collect, record, and report annually other
statistical data required under Section 15 of the Federal Transit Act
which includes, but is not limited to; participant count by fare, vehicle
hours, vehicle miles, vehicle revenue hours, vehicle revenue miles,
participants per hour, wheelchair boardings, participant trip denials,
and participant "no-shows".
8. Fares:
CITY shall collect fares as approved by ECTA. The fares are (one way):
ADA trips: $5.00 per participant (non-Moorpark residents)
Per Fee Schedule (Moorpark residents)
Senior trips: $5.00 per participant
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Personal Care Attendants (PCAs) do not pay fare. Companions must
pay fare equal to the participant fare. Companions are only permitted
when space is available on the vehicle at the time that the reservation is
scheduled. CITY will keep fares collected by transit operator and deduct
the collected fares from Agencies' invoices. Participants are permitted to
travel with up to three (3) grocery-sized bags in the vehicle.
9. Meetings and Contact Information:
CITY shall make administrative staff available to attend two (2) meetings
per Agency per year. Agencies shall notify CITY, in advance, of any
meeting CITY is required to attend. CITY shall provide Agencies with
emergency and after hours contact telephone numbers and pagers that
Agencies may use, as necessary, to communicate with CITY after
normal working hours.
10.Expanded Services:
From time to time an Agency may wish to expand the hours or the days
of services to its respective community. With twenty-one (21) days
written notice, CITY shall provide the expanded service.
11.Notification of Service Disruptions:
CITY shall notify Agencies by telephone call to the numbers listed below,
at the first available opportunity, but no later than one (1) hour after CITY
is made aware, of any vehicle breakdowns or other problems that may
cause service disruptions to a respective Agency's resident(s).
Moorpark (805) 517-6200
Simi Valley (805) 583-6456
County of Ventura (805) 654-2049
12.Operating During an Emergency:
In the event of a major emergency such as a natural disaster or other
catastrophic event, CITY shall make transportation and communication
resources available to Agencies to the highest degree possible. If the
normal line of direct authority from Agencies is intact, CITY shall follow
instructions of Agencies. If normal line of direct authority is broken, and
for the period while it is broken, CITY shall make best use of
transportation resources following the direction of the organization which
appears to have assumed responsibility.
Emergency transportation may include evacuation, transportation of
injured and movement of people to food and shelter. CITY shall be
reimbursed in accordance with the current Agreement rate, or, if the
normal method does not cover the types of emergency services
involved, then on the basis of fair, equitable and prompt reimbursement
East County Transit Alliance— Fiscal Agent Agreement
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87
of CITY's actual costs. Reimbursements for such major emergency
services shall be over and above the maximum obligation of this
Agreement. Immediately after the emergency condition ceases, CITY
shall reinstate normal transportation services. Payment shall be based
on a written report showing services and cost breakdown related to
emergency.
While operating during an emergency, CITY shall keep records of all
emergency transportation in accordance with Federal Emergency
Management Agency (FEMA) requirements in order for Agencies to
receive FEMA reimbursement for emergency transportation expenses.
In the event that FEMA rejects an Agency's reimbursement request due
to CITY's reports not meeting FEMA's standards, CITY shall be required
to re-write the reports for resubmittal. In the event FEMA rejects an
Agency's reimbursement request due to CITY's failure to keep proper
records of emergency transportation services, CITY shall be required to
reimburse the Agency's emergency transportation services expenses
within thirty (30) days or the expenses can be deducted from the
Agency's next invoice for InterCity Services.
While operating during an emergency, CITY shall not be assessed
liquidated damages as specified in Exhibit "D" of this Agreement.
13. Invoice Attachments:
When submitting invoices, CITY shall also provide driver sheets or
equivalent Trapeze reports for all trips provided, which shall include the
following:
• Driver's name and vehicle •
Destination address
ID number • Fare paid/transfer
• Date • Odometer at pick-up point
• Appointment time • Odometer at drop-off point
• Actual pick-up time • Mileage/trip
• Actual drop-off time •
Total mileage
• ADA number (if applicable) •
If a PCA and/or companion
• Participant name was included
•
• Pick-up address Total trips
• Total participants
14.Service Complaints:
All service complaints originating from Agencies' service areas shall be
handled in accordance with CITY's standards of response and the
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88
obligations of the contracted transit operator. In the event CITY is
unable to satisfactorily resolve the complaint or the complaint involves
an issue outside the scope of this Agreement, the complaint will be
referred to the respective Agency for resolution.
15.Performance Standards:
The performance standards described in Exhibit D, Transit Operator
Agreement, Contract 10470-2014, dated May 27, 2014, shall apply to
this Agreement. In the event Liquidated Damages are levied that apply
solely to an Agency, that Agency shall be entitled to a credit on
Agency's next monthly invoice equal to the Liquidated Damages.
CITY shall be excused from performance as described above during the
time and to the extent that it is prevented from performing in the
customary manner by force majeure, fire, flood, war, riot, civil
disturbance, vandalism, terrorism, epidemic, quarantine, strike, lockout,
labor dispute, freight embargo, rationing or unavailability of materials or
products, loss of transportation facilities, commandeering of equipment,
materials, products, plants, or facilities of government, or any other
occurrences or circumstances which are beyond the control of CITY.
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EXHIBIT "C-1"
SCHEDULE OF FEES
CITY shall bill Agencies on a per ride basis. For year one of the Agreement, this
cost shall be $33.43 per ride including an Administrative Overhead charge of
$4.41 per ride. Agencies shall receive credit for all fares collected. For each
subsequent contract year, this cost shall be calculated annually for the new fiscal
year by CITY no later than August 31 and shall apply retroactively to July 1 of the
fiscal year. CITY shall notify Agencies in writing no later than September 15 of
the cost per ride for the year beginning July 1. This cost shall be calculated in
the following manner:
Sum of costs of all InterCity Services rides provided by transit operator for
the period of July 1 — June 30 of the prior fiscal year divided by the total
number of rides provided in the same time period, plus contract transit
operator's earned CPI adjustment as described in Exhibit D, plus City
administrative charge. The costs of InterCity Services rides shall include
all operational and personnel costs but must not include one-time capital
costs associated with vehicle purchases and capital improvement projects
specific to the DAR service. Figures will be taken directly from City's
annual ridership report to the Federal Transit Administration and from
City's Accounting System.
The rate shall be recalculated annually each contract year in accordance with the
above.
Extra services shall be defined and billed at a rate mutually agreeable to
Agencies and CITY. This extra services billing shall be in writing.
The InterCity Service is a new service. Pricing provided by CITY has attempted
to identify all costs, including overhead. CITY can, at any time during the
Agreement period, return to the Agencies with supporting documentation
requesting an adjustment to the Administrative Overhead charge. Agencies shall
approve or deny, by a majority vote of all Agencies, the request to change the
Administrative Overhead charge above and beyond the earned CPI adjustment
described in Exhibit D.
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Exhibit D
Thousand Oaks Agreement with MV Transportation
These pages are out of sequence of Fiscal Agent Agreement's pages 1-23
91
EXHIBIT "D"
Project Name: Transit Operator Agreement
AGREEMENT FOR TRANSIT SERVICES
BETWEEN CITY OF THOUSAND OAKS
AND
MV TRANSPORTATION, INC.
THIS AGREEMENT, made and entered into this 27th day of May, 2014, by
and between CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred
to as "City"), and MV TRANSPORTATION, INC. (hereinafter referred to as "Service
Provider"). City and Service Provider agree as follows:
1. RETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such
engagement to perform the services described in Section 2. Service Provider warrants it
has the qualifications, experience, and facilities to properly and timely perform said
services.
2. DESCRIPTION OF SERVICES
The services to be performed by Service Provider are as follows:
Operation and management of Fixed Route (Bus), Commuter Bus, Shuttle Bus, Senior
Dial-A-Ride (DAR), General DAR, American with Disabilities Act (ADA) Para-transit
Services and Shuttle Bus and DAR Vehicles Lease in conjunction with City's public
Transportation Program, as set forth in the Scope of Work, attached as Exhibit "A;"
Schedule of Fees, attached as Exhibit "B;" CITY Provided Services, attached as Exhibit
"C;" Performance Standards, attached as Exhibit "D;" Federal Required Contract Forms,
attached as Exhibit "E;" and Federal Transit Administration Requirements, attached as
Exhibit"F," and incorporated herein.
Except for Sections 8 (Indemnity) and 9 (Insurance) of this Agreement, should there be
any conflicting provisions between this Agreement and the Exhibits, the terms of the
Exhibits shall take precedence and govern over any conflicting provision of the
Agreement.
City and Service Provider shall execute concurrently a separate Lease Agreement for
Thousand Oaks Transportation Center.
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. Except for authorized extra services (pursuant to Section
4), the total compensation earned by or payable to Service Provider, for any and all
service under this Agreement shall not exceed $2,800,000 (herein "not to exceed
amount") for Fiscal Year 2015 (July 1 2014 — June 30, 2015). The total compensation
payable to Service Provider by City for successive years shall not exceed a sum equal to
the amount for the prior year, plus the annual percent change in the Consumer Price
Index (CPI). CPI will be calculated as the difference in the CPI between June of the
Contract No. 10470-2014
92
current Agreement year and July of the previous Agreement year, all items, not
seasonally adjusted, Los Angeles region, and using non-alternative method. In the event
the CPI calculation results in a negative number, previous year's rate shall apply. CPI
calculation shall not apply to vehicles lease which shall be fixed for the Agreement term.
CPI adjustment for two year extensions shall be subject to negotiation prior to Agreement
extension.
Compensation shall be earned as the work progresses on the following basis:
(b) Rate. Hourly and monthly rates for reimbursement to Service Provider for
those expenses set forth in Service Provider's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall
be binding upon Service Provider. Any changes or modifications resulting in an increase
to this rate must be approved by City's Project Manager and as outlined in Exhibit "B."
In the event a local, state or federal government with jurisdiction over Service Provider's
employees orders an increase in the mandated minimum wages, payroll taxes or fringe
benefits applicable to employees of Service Provider that was unknown to Service
Provider when it submitted its Proposal to the City, the City and Service Provider shall
negotiate rates as specified in Exhibit B of this Agreement for Service Provider's costs
during the term of this Agreement or any extension thereof.
Service Provider shall provide written notice to the City if this event occurs and the City
shall amend Service Provider's rates from the first day of Service Provider's increased or
decreased costs. In the event the City or Service Provider are unable to agree on new
rates within 30 days of the written notice, then either party may terminate this Agreement
upon 90 days' prior written notice to the other party
(c) Payment. All payments shall be made within 30 days after receipt of written
verification from Service Provider of the actual compensation earned, in a form
satisfactory to City's Project Manager.
4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by Service Provider shall be accomplished under the
general direction of, and coordinate with, City's "Project Manager," as that staff person is
designated by City from time to time, and who presently is Mike Houser, Transit
Manager.
5. AGREEMENT PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the right to retain,
employ, or Agreement with other qualified building systems and services providers during
the term of this Agreement on such occasions and in such circumstances as City shall
determine are appropriate.
Ability to Perform. Service Provider warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to
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Contract No. 10470-2014 9 3
carry out and complete the work hereunder in compliance with any and all federal, state,
county, City, and special district laws, ordinances, and regulations.
Laws to be Observed. Service Provider shall keep itself fully informed of and shall
observe and comply with all applicable state and federal laws as well as with County of
Ventura and City of Thousand Oaks ordinances, regulations, and adopted codes during
its performance of the work.
Payment of Taxes. The Agreement prices shall include full compensation for all taxes
which Service Provider is required to pay.
Permits and Licenses. Service Provider, at its sole expense, shall obtain and maintain
during the term of this Agreement, all appropriate permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement..
Prevailing Wage. Service Provider is obligated to pay prevailing wages under the
California Labor Code. Service Provider agrees to indemnify, defend and hold City
harmless from any claim that prevailing wages should have been paid, and shall be liable
for the payment of the same and any penalties thereon. It is the responsibility of Service
Provider to be familiar with the California Labor Code, and failure or neglect of Service
Provider to understand the California Labor Code shall in no way relieve Service Provider
from any obligations.
Safety Provisions. Service Provider shall conform to the rules and regulations pertaining
to safety established by Occupational Safety and Health Administration and the California
Division of Industrial Safety.
Preservation of City Property. Service Provider shall provide and install suitable
safeguards, approved by City, to protect City property from injury or damage. If City
property is injured or damaged as a result of Service Provider's operations, it shall be
replaced or restored at Service Provider's expense. The facilities shall be replaced or
restored to a condition as good as when Service Provider began work.
Immigration Act of 1986. Service Provider warrants on behalf of itself and all
subcontractor Providers engaged for the performance of this work that only persons
authorized to work in the United States pursuant to the Immigration Reform and Control
Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
Service Provider Non-Discrimination. In the performance of this work, Service Provider
agrees that it will not engage in, nor permit such subcontractor Providers as it may
employ, to engage in discrimination in employment of persons because of age, race,
color, sex, national origin or ancestry, sexual orientation, or religion of such persons.
Work Delays. Should Service Provider be obstructed or delayed in the work required to
be done hereunder by changes in the work or by any default, act, or omission of City, or
by strikes, fire, earthquake, or any other act of nature, or by the inability to obtain
materials, equipment, or labor due to federal government restrictions arising out of
defense or war programs, then the time of completion may, at City's sole option, be
extended for such periods as may be agreed upon by City and Service Provider.
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Contract No. 10470-2014 9 4
Inspection. Service Provider shall furnish City with every reasonable opportunity for City
to ascertain that the services of Service Provider are being performed in accordance with
the requirements and intentions of this Agreement. All work done and all materials
furnished, if any, shall be subject to City's inspection and approval. The inspection of
such work shall not relieve Service Provider of any of its obligations to fulfill its
Agreement requirements.
Audit At any time during normal business hours and as often as it may deem
necessary, Service Provider shall make available to a representative of City for
examination of all its records with respect to all matters covered by this Agreement and
will permit City to audit, examine and/or reproduce such records. Service Provider will
retain such financial records, time sheets, work progress reports, invoices, bills and
project records for at least two years after termination or final payment under this
Agreement.
6. TERM. PROGRESS AND COMPLETION
This Agreement shall expire on June 30, 2019.
Service Provider shall not commence work on the services to be performed until (i)
Service Provider furnishes proof of insurance as required by paragraph 9 below, and (ii)
City gives written authorization to proceed with the work provided by City's Project
Manager.
7. NO ASSIGNMENT/SUBCONTRACTOR PROVIDER
This Agreement is not assignable by Service Provider without City's prior consent
in writing, which consent shall not be unreasonably withheld.
8. HOW HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Providers Damages. Service Provider holds
City, its elected officials, officers and employees, harmless from all of Service Provider's
claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service
Provider, to Service Provider's employees, to Service Provider's consultants or
subconsultants, or to the owners of Service Provider's firm, which damages, losses,
injuries or liability occur during the work or services required under this Agreement, or
occur while Service Provider is in a City building or on City property, or which are
connected, directly or indirectly, with Service Provider's performance of any activity or
work required under this Agreement.
(b) Defense and Indemnity of Third Party Claims/Liability. Service Provider
shall investigate, defend, and indemnify City, its elected officials, officers and employees,
from any claims, lawsuits, demands, judgments and all liability including, but not limited
to, monetary or property damage, lost profit, personal injury, wrongful death, general
liability, automobile, infringement of copyright/patent/trademark, professional errors and
omissions arising out of, directly or indirectly, an error, a negligent act or negligent
omission of Service Provider or of Service Provider's consultants/subconsultants, or
subcontractor Providers or the willful misconduct of Service Provider or Service
Provider's consultants/subconsultants, or subcontractor Providers in performing the
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Contract No. 10470-2014 9 5
services described in, or normally associated with, this type of agreed upon work. The
duty to defend shall include any suits or actions in law or equity concerning any activity,
product or work required under this Agreement, and also include the payment of all court
costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and
any other costs required for and related to such litigation.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any
indemnity, defense or hold harmless rights under this section because of the acceptance
by City, or the deposit with City, of any insurance certificates or policies described in
section 9.
(d) Additional Agencies. Hold HARMLESS AND INDEMNITY shall also apply to
all agencies that Agreement with City for services delivered under this Agreement.
9. INSURANCE
Service Provider shall, at Service Provider's sole cost and expense and
throughout the term of this Agreement and any extensions thereof, carry workers'
compensation statutory benefits as required by law. Service Provider shall also, at
Service Providers sole cost and expense and throughout the term of this Agreement and
any extensions thereof, carry: General Commercial Injury/Property Damage Liability
insurance with liability limits of not less than $10,000,000 and Automobile Liability
insurance with liability limits of not less than $15,000,000 each claimant, and
$10,000,000 each occurrence for the injury or death of a person or persons, and property
damage (which policy may have an aggregate annual limit, but in an amount of no less
than $15,000,000).
All insurance policies shall be issued by a financially responsible company or
companies authorized to do business in the State of California. City, its elected officials,
officers and employees, shall be named as additional insured. Service Provider shall
provide City with copies of certificates (on City certificate form or an Accord form as
modified per City direction) for all policies, with the appropriate named additional insured
coverage and an endorsement that they are not subject to cancellation without 30 days
prior written notice to City.
Service Provider shall name each agency that has Agreements with City for
services provided under this Agreement as an additional insured in the manner requested
by the contracting agency.
10. RELATION OF THE PARTIES
The relationship of the parties to this Agreement shall be that of independent
Service Providers and that in no event shall Service Provider be considered an officer,
agent, servant or employee of City. Service Provider shall be solely responsible for any
workers' compensation insurance, withholding taxes, unemployment insurance, and any
other employer obligations associated with the described work.
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Contract No. 10470-2014 9 6
11. TERMINATION BY CITY
City, by notifying Service Provider in writing, may upon 10 (10) calendar days
notice, terminate any portion or all of the services agreed to be performed under this
Agreement. In the event of such termination, Service Provider shall have the right and
obligation to immediately assemble work in progress for the purpose of closing out the
job. All compensation for actual work performed and charges outstanding at the time of
termination shall be payable by City to Service Provider within 30 days following
submission of a final statement by Service Provider.
12. CORRECTIONS
Service Provider shall correct, at its expense, all errors in the work which may be
disclosed during City's review of Service Provider's work. Should Service Provider fail to
make such correction in a reasonably timely manner, such correction shall be made by
City, and the cost thereof shall be charged to Service Provider.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this
Agreement shall operate as and be a release of City from all claims and liabilities for
compensation to Service Provider for anything done, furnished or relating to Service
Provider's work or services. Acceptance of payment shall be any negotiation of City's
check or the failure to make a written extra compensation claim within five (5) calendar
days of the receipt of that check, whichever occurs first. However, any approval or
payment by City shall not constitute, nor be deemed, a release of the responsibility and
liability of Service Provider, its employees, subcontractors, agents and consultants for the
accuracy and competency of the information provided and/or work performed; nor shall
such approval or payment be deemed to be an assumption of such responsibility or
liability by City for any defect or error in the work prepared by Service Provider, its
employees, subcontractors, agents and consultants.
14. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of
this Agreement by the other party, irrespective of the length of time for which such failure
continues, shall not constitute a waiver of such party's right to demand strict compliance
by such other party in the future. No waiver by a party of a default or breach of the other
party shall be effective or binding upon such party unless made in writing by such party,
and no such waiver shall be implied from any omissions by a party to take any action with
respect to such default or breach. No express written waiver of a specified default or
breach shall affect any other default or breach, or cover any other period of time, other
than any default or breach and/or period of time specified.
15. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial
interest in Service Provider's business. During the term of this Agreement and/or as a
result of being awarded this Agreement, Service Provider shall not offer, encourage or
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Contract No. 10470-2014 9 7
accept any financial interest in Service Provider's business by any City employee or
official. If a portion of Service Provider's services called for under this Agreement shall
ultimately be paid for by reimbursement from and through an Agreement with a developer
of any land within City or with a City franchisee, Service Provider warrants that it has not
performed any work for such developer/franchisee within the last 12 months, and shall
not negotiate, offer or accept any Agreement or request to perform services for that
identified developer/franchisee during the term of this Agreement.
16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of
City funds. In the event City has not appropriated sufficient funds for payment of Service
Provider services beyond the current fiscal year, this Agreement shall cover only those
costs incurred up to the conclusion of the current fiscal year.
17. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN PARTIES
This Agreement, and the rights and obligations of the parties, shall be governed
and interpreted in accordance with the laws of the State of California. The provisions of
this Agreement shall be construed as a whole according to its common meaning of
purpose of providing a public benefit and not strictly for or against any party. Wherever
required by the context, the singular shall include the plural and vice versa, and the
masculine gender shall include the feminine or neutral genders or vice versa. The
captions or headings in this Agreement are for convenience only and in no other way
define, limit or describe the scope or intent of any provision or section of the Agreement.
Except for Service Provider's proposals and submitted representations for obtaining this
Agreement, this Agreement supersedes any other Agreements, either oral or in writing,
between the parties hereto with respect to the rendering or services, and contains all of
the covenants and Agreements between the parties with respect to said services. Any
modifications of this Agreement will be effective only if it is in writing and signed by the
party to be charged.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and
minimize the damages resulting from the conduct of the other party.
19. TAXPAYER IDENTIFICATION NUMBER
Service Provider shall provide City with a complete Request for Taxpayer
Identification Number and Certification, Form W-9 (Rev. 12-87), as issued by the Internal
Revenue Service.
20. MODIFICATION OF AGREEMENT
The tasks described in this Agreement and all other terms of this Agreement may
be modified only upon mutual written consent of City and Service Provider.
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Contract No. 10470-2014 9 9
21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf
and bind said party and its respective administrators, officers, directors, shareholders,
divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint
venturers, insurance carriers and any others who may claim through it to this Agreement.
22. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions will nevertheless continue in full
force without being impaired or invalidated in any way.
23. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by
• depositing said notice in the United States mail, postage prepaid, and addressed as
follows:
TO CITY: Mike Houser, Transit Manager
City of Thousand Oaks
Municipal Service Center
1993 Rancho Conejo Boulevard
Thousand Oaks, CA 91320
TO SERVICE PROVIDER: Office of General Counsel
MV Transportation, Inc.
5910 N. Central Expressway, Suite 1145
Dallas, TX 75206
In concurrence and witness whereof, this Agreement has been executed by the
parties effective on the date and year first above written.
CITY OF THOUSAND OAKS MV TRANSPORTATION, INC.
esti !,
Andrew P. Fox, Mayor R. arter Pate
CEO
Ke n Klika
ATTEST: COO
}7e:1:(41—'bratittf.62Linda D. Lawrence, City Clerk
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Contract No. 10470-2014 9 9
APP OVED AS TO ADMINISTRATION:
4 +� /' /
Mitnick, City M-nager
APPROVED AS TO FORM:
Office of City Attorney
Christopher G. Norman, Assistant City Attorney
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Contract No. 10470-2014 10 0
EXHIBIT A
SCOPE OF WORK
Service Provider Duties and Responsibilities —Operations
Service Provider shall perform the duties and accept the responsibilities set forth
below in connection with the operation of Thousand Oaks Transit (TOT) program and all
services provided under Agreement by City to other agencies as well as any
commitments made in Service Provider's response to the RFP for Transit Operations for
items not specifically articulated in this Agreement. The omission of a duty or
responsibility herein below shall not relieve Service Provider of its obligation to perform
such duty or accept such responsibility, so long as it is usual, customary and generally
accepted within the public transportation industry as being an integral element of
operating a municipal public transit service.
1. Operations - General
Service Provider shall provide operations management at a level sufficient
to oversee its functions and employees and shall staff operations in a manner to
ensure uninterrupted Service during normal business hours. At a minimum,
Service Provider shall provide for the following positions and staffing levels:
a. General Manager (fulltime)
b. Operations Manager(fulltime)
c. Finance Manager(fulltime)
d. Training and Safety Manager (fulltime)
e. Road Supervisor (fulltime)
f. Mechanic (leased vehicles only) (fulltime)
g. Dispatcher (on duty during all posted ,operational hours and 30 minutes
before start of Service to 30 minutes after scheduled Service end)
h. Backup bus driver (6:00 a.m. — 7:00 p.m., Monday — Friday; 8:00 a.m. —
7:00 p.m., Saturday)
i. Front Counter Clerk (6:00 a.m- — 7:00 p.m., Monday — Friday; 8:00 a.m. —
7:00 p.m., Saturday)
J- Two Customer Service Agents and support staff sufficient to provide for a
minimum of two non-management staff present all hours Transportation
Center is open to the public and sufficient staffing levels to ensure phone
call target times are met
k. Drivers appropriately licensed and trained and in sufficient quantities to
provided uninterrupted bus and Dial-A-Ride service and sufficient to deal
with staffing concerns such as illness, vacation, and to provide special
services as may be requested by City or agencies contracting with City for
services.
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Contract No. 10470-2014 101
Service Provider shall assist and cooperate with City in meeting the
objective of providing the highest quality transportation service. Service Provider
shall perform close liaison activities, coordination and cooperation with City on
matters related to operations, monitoring, reporting and Service performance
measurements. Service Provider shall furnish all equipment and services required
in the operation and management of the TOT programs unless specifically
identified or agreed upon in writing to be contributed by City.
Service Provider shall be required to keep all operations within City limits of
Thousand Oaks with the exception of vehicle maintenance for leased vehicles
which shall be provided within a 20 mile radius of the Transportation Center for
routine maintenance items and for collision repairs. City may waive, at its sole
discretion, this requirement for transit operations related to programs offered
through the East County Transition Alliance (ECTA) for which Thousand Oaks is a
participating agency or when such a waiver is in the best interest of City or
agencies contracting with City for services.
Service Provider will strive to hire and retain staff residing within a 30 mile
radius of city limits of Thousand Oaks to expedite reporting of drivers and office
staff to deal with unexpected Service demands. At least one manager and one
dispatcher will reside within a 15 mile radius of the Thousand Oaks Transportation
Center in order to respond to emergency incidents. Exceptions to the above may
be granted on a case-by-case basis by City Project Manager or designee.
2. Operations — Fixed Route, Commuter, and Shuttle Bus
All operations will be carried out in accordance with Department of
Transportation (DOT) and Federal Transportation Administration (FTA) regulations
and Title VI non-discrimination laws.
Service Provider will operate all forms of bus Service in a safe, courteous,
reliable manner as specified by City and in strict accordance with the operating
days, hours, routes and schedules set forth in the current TOT and contracting
agency brochures, or any written or electronic manner or any revisions thereto in
any written or electronic manner, and shall provide such Service in a safe,
professional and courteous manner at all times. Services provided under
Agreement to other agencies will be offered in accordance with the standards of
the contracting agency when such requirements are not in direct conflict with
Agreement performance standards.
Notwithstanding the above, Service Provider is hereby authorized to deviate
from established routes when necessary to avoid construction, detours, or other
obstruction within the public right-of-way. Service Provider shall notify City of such
obstruction causing deviation as soon as is practicable upon learning the deviation
may become necessary.
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Contract No. 10470-2014 10 2
Service Provider shall strive to maintain a minimum 90 percent on-time
arrival rate (defined as one minute early to five minutes late) as identified by
Nextbus and will notify City staff anytime during normal operations that Service on
any bus Service is 15 minutes or more behind schedule.
Kanan Shuttle shall be operated in accordance with current operational
standards as published in the most current rider information brochure or in any
available written or electronic form. In any instance where operational standards
for Kanan Shuttle are in conflict with TOT standards of service, or whereby the
TOT standard provides for a higher level of customer service or service delivery
standard, the TOT standard shall apply to the operation of Kanan Shuttle unless
specifically approved by City Project Manager or designee.
Any deviation from normal operating procedures must have prior City
Project Manager authorization.
3. Operations — Dial-A-Ride (DAR) and Americans with Disabilities Act (ADA)
Service
All operations will be carried out in accordance with DOT and FTA
regulations and Title VI non-discrimination laws.
All DAR Service types shall be operated in accordance with the operating
days, hours, and Service area set forth in the current Thousand Oaks or other
contracting agency DAR or ADA information brochures or any available written
and electronic form or any revisions thereto. DAR and ADA operations will be
provided in an origin-to-destination manner except for General DAR which will be
provided curb-to-curb. Exceptions to this standard must have the approval of City
Project Manager or designee. Service Provider shall comply with federal ADA
para-transit Service standards (49 CFR Part 37).
Service Provider shall respond to telephone requests for DAR and ADA
Service on a reservation and demand response basis (Inter-City ADA Service is
reservation only) in accordance with City service standards discussed herein.
Service Provider shall also accept telephone requests for advance reservations
made up to thirty (30) days in advance. Advance reservation trips shall be given
scheduling priority over real-time demand response trips. Reservation priority shall
comply with required ADA para-transit criteria. At a future date as directed by City,
Service Provider shall also accept on-line reservations and cancellations. Service
Provider shall also accept "subscription service" reservations (i.e. provision of
repetitive trips over an extended period of time without requiring that individual to
call for each trip).
•
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Contract No. 10470-2014 10 3
Service Provider is authorized to have only as many vehicles in Service at a
given time as Service demand requires. Service Provider will provide all rides with
an average monthly wait time not exceeding 15 minutes for reserved rides and 30
minutes for on demand rides. Wait times in excess of the above shall not exceed
more than three percent of the total of all rides provided in any given month.
Exceeding this rate shall constitute an Agreement violation and may subject
Service Provider to liquidated damages. Wait times in excess of 59 minutes for
either reserved or on-demand rides will constitute a denied ride. A denial rate that
exceeds 0.2 percent for all rides in any given month shall constitute a violation of
Agreement and may subject Service Provider to liquidated damages.
Service Provider shall seek prior approval if the number of vehicles required
exceeds 18 vehicles per weekday day and 11 vehicles per weekend day. Service
Provider shall be required to provide a minimum monthly productivity of 2.35 rides
per revenue hour for year one of the Agreement, 2.38 for year two, 2.40 for year
three, and 2.45 for years four and five. Productivity rates for optional Agreement
years will be negotiated prior to Agreement extension if so exercised. City may at
its sole discretion waive productivity requirements for extraordinary events. Failure
to meet productivity requirements will result in a credit to City for all revenue hours
billed not meeting minimum productivity.
Whenever possible, vehicles leased from Service Provider shall be first in
Service and last out of service. At no time during the Agreement term shall the
average monthly miles per vehicle for City vehicles exceed the average monthly
miles for leased vehicles. Failure to meet this standard will be a violation of the
Agreement and may subject Service Provider to liquidated damages.
4. Adjustment to Service— General
City reserves the right to adjust Service at any time without any adjustment
to the unit cost per revenue hour with Service Provider resulting in annual revenue
hours remaining within 50 percent plus or 20 percent minus, of the total projected
annual revenue hours in any given Agreement year. Modifications to Service may
include, but are not limited to, extending, deleting, or adding routes, or parts of
routes, adding or deleting Service hours, or expanding or decreasing Service
areas.
In the event actual annual revenue hours fall below eighty percent (80%) or
exceed one hundred and fifty percent (150%) of the total projected annual revenue
hours in any given year, City reserves the right to negotiate a revised unit cost per
revenue hour with Service Provider.
City shall, no later than May 31 each year, provide Service Provider with
projected revenue hours for the following Agreement year.
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Contract No. 10470-2014 10 4
5. Special Events, Promotional, and Other Special Services
In addition to regular transit service operations, Service Provider may be
requested by City or agencies contracting with City for services to provide special
event, promotional, or other special transportation services that have been
determined to be in the public interest that do not interfere with regular service,
Special events and other special services shall be billed at no more than the
agreed upon firm fixed-unit price. All billing for services shall be in writing and be
pre-approved by City Project Manager or designee prior to delivery of service.
Examples of special services that may be requested include, but are not limited to:
a. Summer Beach Bus
b. Special event shuttle services
c. Transportation services for programs offered by governmental agencies
d. Transportation for City staff and/or invited guests to specific City owned
locations or City sponsored events
e. Participation in parades
f. Events with TOT vehicles on display
6. Hours —General
A. Fixed Route Service:
Service Provider shall operate fixed-route Service Monday through
Friday, 5:00 a.m. to 8:00 p.m., Saturday 8:00 a.m. to 8:00 p.m. or as noted
in the most current TOT schedule and route map brochure. Moorpark
Transit hours are Monday through Friday 5:00 a.m. to 8:00 p.m., Saturday
8:00 a.m. to 5:00 p.m. From time to time, City may elect to provide Service
for additional hours. Hours of operation are subject to change at City sole
discretion. It is Service Provider's sole responsibility to ensure drivers do •
not exceed maximum driving times and that all breaks required by law are
provided.
B. Commuter and Shuttle Bus Service:
Service Provider shall operate Moorpark Metrolink Commuter bus
Service Monday through Friday 5:00 a.m. to 8:30 p.m. or as noted in the
most current TOT brochure or as directed by City Project Manager. From
time to time, City may elect to provide Service for additional hours. Hours of
operation are subject to change at City sole discretion. It is Service
Provider's sole responsibility to ensure drivers do not exceed maximum
driving times and that all breaks required by law are provided. Kanan
Shuttle Service will be provided as described in the most current Kanan
Shuttle brochure or any written or electronic manner or any revisions
thereto.
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Contract No. 10470-2014 105
•
•
C. DAR and ADA Service:
Service Provider shall operate DAR and ADA Service Monday
through Friday, 5:00 a.m. to 8:00 p.m., Saturday and Sunday 8:00 a.m. to
8:00 p.m. or as noted in the most current TOT brochure or any written or
electronic manner or any revisions thereto. General DAR Service for Oak
Park will be operated Monday through Friday, 7:00 a.m. to 7:00 p.m.,
Saturday 8:00 a.m. to 5:00 p.m. From time to time, City may elect to provide
service for additional hours Hours of operation are subject to change at
City sole discretion. It is Service Provider's sole responsibility to ensure
drivers do not exceed maximum driving times and that all breaks required
by law are provided.
D. Inter-City ADA Service:
Service Provider shall operate Inter-City ADA Service Monday
through Friday, 6:00 a.m. to 6:00 p.m. or as noted in the most current TOT
brochure. From time to time, City may elect to provide Service for additional
hours. Hours of operation are subject to change at the City sole discretion.
It is Service Provider's sole responsibility to ensure drivers do not exceed
maximum driving times and that all breaks required by law are provided.
For the purpose of this Agreement, for all services provided, major
holidays shall be defined as: New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, or
as agreed to by City and Service Provider. Current City policy is to not
provide service on major holidays. Should City elect to provide Service on a
major holiday, billing shall be permitted at 125 percent of normal revenue
rate. CITY may elect to provide reduced Service hours on December 24
and December 31.
7. Operations Personnel
Service Provider shall furnish all operators, mechanics, porters and
detailers, dispatchers, supervisors, administrative staff, and other personnel
necessary for providing the transportation Service in accordance with this
Agreement. Service Provider shall make every effort to retain current employees in
accordance with applicable California Labor Code 1070 and 1074.
Service Provider shall provide wage and salaries commensurate with the
responsibilities of the positions offered, and in concert with labor rates similar to
like transit operations. Upon completion of training, all hourly employees shall earn
at least $12.50 per hour.
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Contract No. 10470-2014 10 6
City reserves the right to review the resumes of management personnel
assigned to this Agreement. City may, at its sole discretion, accept or reject any
individual proposed by Service Provider during the term of this Agreement. City
may also, at its sole option, require the replacement of any supervisor or
management staff. Service Provider shall not remove any management personnel
without cause without the prior written consent of City.
At no time during the term of the Agreement shall any management or
supervisory personnel be responsible for any of Service Provider's other transit
operations nor shall any of City provided resources be used in the operation of
services not identified under this Agreement without the expressed written consent
of City Public Works Director or their designee.
8. General Manager
Service Provider shall provide a full-time General Manager who shall
provide overall daily supervision of City transit operations under the terms of this
Agreement. The General Manager's office shall be at the Transportation Center
unless otherwise approved by City. The General Manager may from time to time
be required to attend City meetings and report on City transportation services.
The General Manager shall act as a liaison working cooperatively with City
staff in providing operational data as described in this document, responding to
comments from passengers and the general public and responding to specific
requests for other assistance as the need arises. The person serving as General
Manager, as provided by Service Provider, shall be approved by the City and shall
not perform other duties for Service Provider without notification of and
consultation with the City Project Manager.
In addition, a responsible senior employee of Service Provider will be
available at all times, either by phone or in person, to make decisions or provide
assistance as necessary, as a backup to the General Manager when the General
Manager is unavailable. The General Manager or a designated senior manager
shall be scheduled to be at the Transportation Center between the hours of 8:00
a.m. to 6:00 p.m., Monday through Saturday, and at other times as deemed
necessary by City. At times when it is necessary for General Manager or their
designee to be out of the office during these scheduled times, a designated duty
manager will be appointed and either the General Manager or Operations
Manager shall be available by phone, text, or e-mail. City shall be notified in
advance of any absence of the General Manager which exceeds two or more
consecutive days.
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Contract No. 10470-2014 10 7
The General Manager will be responsible for monitoring all aspects of
operations including, but not limited to: ridership, quality of service, fare collection
and accounting in accordance with current established procedures, attitudes,
motivation, and performance of all personnel. Methods of improving City transit
operations and services will be sought out along with any deficiencies and
substandard performance.
Should the General Manager become unavailable due to retirement, long
term absence, or removal by Service Provider for cause or if City requests
replacement of the General Manager, the resume and qualifications of proposed
replacement(s) shall be submitted to City for approval within seven (7) business
days.
9. Operations Manager
Service Provider shall provide a full-time Operations Manager who shall
provide overall daily supervision of City transit operations under the terms of this
Agreement and will serve as the backup to the General Manager for other aspects
of operations. The Operations Manager's office shall be at the Transportation
Center unless otherwise approved by City. The Operations Manager may, from
time to time, be required to attend City meetings and report on City transportation
services.
10. Finance Manager
Service Provider shall provide a full-time Financial Manager who shall
• provide overall daily supervision of City transit financial operations under the terms
of this Agreement and will serve as the backup to the General Manager for other
aspects of operations. The Financial Manager's office shall be at the
Transportation Center unless otherwise approved by City. The Financial Manager
may, from time to time, be required to attend City meetings and report on City
transportation services.
11. Training and Safety Manager
Service Provider shall provide a full-time Training and Safety Manager who
shall provide overall daily supervision of City transit training and safety procedures
under the terms of this Agreement and will serve as the backup to the General
Manager for other aspects of operations. The Training and Safety Manager may,
from time to time, be required to attend City meetings and report on City
transportation services.
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Contract No. 10470-2014 10 8
12. Road Supervisor
Service Provider shall provide a full-time Road Supervisor who shall provide
overall daily supervision of City transit drivers under the terms of this Agreement
and will serve as the backup to the General Manager for other aspects of
operations. The Road Supervisor may, from time to time, be required to attend
City meetings and report on City transportation services.
13. Mechanic
Service Provider shall provide a full-time Mechanic who shall provide
maintenance of leased vehicles under the terms of this Agreement.
14. Employee Selection and Supervision
Service Provider shall comply with all FTA and DOT requirements as they
relate to screening and hiring of staff. Service Provider shall comply with all state
and federal requirements related to non-discriminatory recruiting and hiring
practices.
Service Provider shall be responsible for the employment and supervision
of all employees necessary to perform transit operations. Service Provider
responsibilities shall include, but not limited to, recruitment, screening, selection,
training, supervision, evaluations, retaining and termination.
Service Provider shall use appropriate screening and selection criteria for
employing operations personnel. Those checks shall include Department of Motor
Vehicles (DMV) and criminal background checks, pre-employment drug screening
and physicals of all employees associated with this Agreement and shall
undertake the steps necessary to assure all such employees perform their duties
in a safe, legal, courteous, and professional manner at all times.
Service Provider shall provide to City, upon execution of this Agreement,
copies of their employee hand book and substance abuse policy as well as all
training guides no later than 30 days after Agreement start date.
Service Provider shall make all reasonable efforts to ensure employees
having contact with the public in the course of their duties are of good moral
character. Any such employee who is convicted of a felony or of a crime involving
immorality during the time of his/her employment shall not be permitted to continue
to hold a position of employment involving contact with the general public.
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Contract No. 10470-2014 10 9
Service Provider will provide continuous supervision of transit services
during revenue operations. Supervision will include monitoring of schedule
adherence, on-street operation, on-route compliance, and on-board ride checks.
During operational hours when General Manager or designee is not scheduled,
staffing of operations will consist at a minimum of a dispatcher and one customer
service agent. At no time'during normal operating hours shall there be less than
two staff on duty at the Transportation Center.
15. Bilingual (English/Spanish) Personnel
Service Provider shall make every effort to recruit bilingual
(English/Spanish) personnel for drivers, dispatchers, and customer service agent
positions including the use of pay differentials for bilingual staff. At least one
management staff member shall be proficient in both written and spoken English
and Spanish and English/Spanish bilingual personnel shall be available during all
operating hours at the Transportation Center to receive telephone calls from the
public and to provide translation services for transportation system personnel and
passengers.
Staff employed as customer service agents, dispatchers, fixed route and
DAR/ADA drivers shall be English language proficient with appropriate language
skills and vocabulary to be able to effectively communicate detailed information in
English to riders on routes, fares, operational rules and be able to clearly articulate
stop calls, communicate during emergency situations and communicate with other
personnel over the radio in English in order to effectively disseminate critical
information.
16. Training of Drivers and Dispatchers
Service Provider shall develop, implement and maintain formal training and
ongoing training programs, including the provision and payment for required
training. Service Provider shall maintain a record of all training programs including
periodic updates and employee attendance.
Service Provider shall develop, implement, and maintain a formal training
and retraining program for all drivers, subject to City approval. The program must
provide, at a minimum, eighty (80) hours of classroom instruction covering
defensive driving, first aid, state rules and regulations, accident/incident
procedures, radio procedures, lift procedures, passenger relations, employee work
rules, routes, schedules, sensitivity training, and City operating policies. Training
must be completed before a driver can enter unsupervised revenue service.
At least thirty-two (32) hours of behind-the-wheel training, under
supervision, shall be provided to all transit drivers. Such behind-the-wheel training
may not occur while the vehicle is in revenue service. Additional hours of training
may be required to familiarize operators with routes and with the Service area.
Drivers shall be trained to operate all types of vehicles operated in City transit
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Contract No. 10470-2014 110
service. Service Provider shall be required to monitor and comply with any and all
state regulations and requirements with respect to driver training.
Within this required training period, Service Provider shall instruct drivers in
at least eight (8) hours of disability awareness sensitivity training, which includes
ADA regulations and procedures; four (4) hours of sexual harassment training;
eight (8) hours of passenger control/difficult passenger training; eight (8) hours of
defensive driving training. City reserves the right to review all training materials,
and to monitor training sessions. Service Provider shall provide annual refresher
training to all staff and shall at City direction provide additional training as
determined by City. All training shall comply with applicable DOT or FTA
requirements.
Drivers shall be certified as having completed this course before operating
any transit vehicle in revenue Service unsupervised. All drivers must complete
Service Provider's formal training programs as approved by the City and be
licensed with a valid California License with the appropriate endorsement for the
vehicle and Service being operated. Service Provider shall keep a current list of
drivers and their certifications and provide this list to the City at their request.
Dispatchers and any other personnel who may from time to time be
assigned to telephone information lines shall be trained in public relations skills,
proper telephone manners, accident and incident procedures, radio procedures,
and shall have detailed knowledge of City transit services, services of the
agencies contracting with City, and those transit operators which link up with City
system. These individuals shall be knowledgeable about schedules, transfer
points, transfer rules, fares, and operating policies.
Written documentation of all training, including new hires, recurrent, and
retraining shall be maintained by Service Provider and furnished to City or its
agents upon request. City may at its sole discretion require basic first aid and CPR
and/or AED training for all drivers and office staff. The cost of wages for City
required training shall be the responsibility of Service Provider.
17. Drivers
All drivers shall be required to have valid California Driver's License with the
proper endorsement for operation of the vehicle to which they are assigned. All
drivers must also have in their possession at all times when operating a vehicle for
City service, a valid DMV Medical Examiner's Certificate and valid DMV Training
Card. Service Provider shall be responsible for monitoring DMV records for drivers
to ensure their continued qualification and suitability for vehicle operation. Service
Provider shall produce upon request of City any and all such records.
Service Provider shall review current DMV reports on all applicants for the
position of vehicle driver and shall reject any applicant with any driving under the
influence (DUI) or driving while impaired (DWI) conviction in the prior ten years.
Service Provider shall join the DMV Pull Notice Program, whereby Service
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Contract No. 10470-2014 111
Provider shall be notified of any activity on a driver's driving record. Any driver
exceeding the DMV point system or with a revoked or suspended license will not
be allowed to operate a City or Moorpark owned vehicle or vehicle leased under
this Agreement. City reserves the right to require Service Provider to replace any
driver not acceptable to City or agency contracting with City for services.
All drivers shall comply with the California Highway Patrol (CHP)
regulations and requirements that the Driver's Log is to be completed and signed
each time a vehicle is placed into service.
Drivers shall refuse rides to unruly passengers and passengers that fail to
obey TOT'S Code of Conduct (or applicable rules for other agencies). If a
passenger becomes unruly after boarding and poses a potential threat to the
safety of the driver and/or passengers, drivers may request the passenger to exit
the bus or vehicle. If the passenger refuses to disembark, the driver will contact
duty manager for direction and shall notify City Project Manager and make record
of incident.
Drivers shall be encouraged by Service Provider's management staff to
submit written suggestions for Service improvements to the City. Such
suggestions should be relayed to the City Project Manager via Service Provider's
General Manager.
18. Drivers Requirements
Service Provider shall conduct an adequate background check on each
driver to ensure all drivers meet the following standards and are qualified to
perform the intended services:
a. Each operator must be an employee (full or part-time) of Service Provider.
Service Provider may not sub-contract with non-employees to execute
revenue Service or vehicle operations unless specifically authorized by City
in advance
b. Continuous possession of a valid driver's license, California DMV Transit
Certificate, passenger endorsement, air brake endorsement, and
possession of a California Drivers License with the appropriate
endorsement for the vehicle being operated
c. Not more than two (2) moving violations in the past five (5) years and no
DUI/DWI convictions within the last ten (10) years
d. Demonstrated command of the English language, both oral and written
e. Ability to resolve complaints and problems as required
f. No felony conviction history
g. Pass Federal Drug and Alcohol Testing regulations
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Contract No. 10470-2014 112
Drivers will, when requested by City, hand out notices to passengers and
render assistance in City monitoring functions. Drivers will be required to honor
and update special passes, collect tickets, and issue and collect transfers as
determined by City. Drivers will record ridership counts by passenger category
according to procedures approved by City. Drivers shall use the smart card unit (or
other devices as may be installed by City during Agreement term) during the
operation of the various bus services.
The following shall be minimum service requirements and driver
responsibilities. Failure to carry out these responsibilities shall result in the driver
or drivers being prohibited from driving any City owned or lease vehicle in revenue
service, unless approved in writing by City.
Drivers shall:
a. Appear neat, clean, and well groomed, in approved uniform
b. Be helpful and courteous to passengers at all times
c. Operate the vehicle safely and legally
d. Assist elderly and physically impaired passengers
e. In cases of emergency, immediately contact dispatch for direction
f. Call out stops in accordance with FTA requirements
g. Not allow animals in vehicle except as required by law
h. Not deviate from route and schedule without City approval
Make sure vehicles are on schedule
j. Not smoke in vehicle and enforce no smoking rules on vehicles and at stop
and shelter locations
k. Enforce TOT Passenger Code of Conduct Rules (and equivalent rules for
agencies contracting with City for services)
I. Not carry or make change, as Service requires exact fares only
m. Not accept tips or gratuities
n. Submit suggestions for Service improvements to City
19. Uniforms
Service Provider shall develop a dress code subject to City approval and
implement dress code effective first day of Agreement operations. Such dress
code will feature, at a minimum, both button down long and short sleeve dress
shirt/blouse and slacks for all fixed route and DAR/ADA drivers and equivalent
dress shirt or polo style shirt and slacks for all office and management staff. Dress
style shorts may be worn in lieu of dress slacks for DAR/ADA drivers only when
forecast temperature exceeds 90 degrees. A lightweight all purpose jacket or
pullover v-neck sweater shall be provided as well for all drivers.
Clothing shall be custom fit for each staff member and in sufficient
quantities to permit five work days between washings. All uniforms will be
maintained in good repair and shall be exchanged at least once every 18 months.
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Contract No. 10470-2014 113
Drivers and front counter staff shall wear name tags clearly displaying their
names at all times while performing any duties associated with this Agreement.
Service Provider shall also issue identification cards to all employees. Uniforms
shall clearly display (separately) both the name of the Contracting firm and name
of the transit Service (separate uniforms shall be issued for Moorpark Transit fixed
route drivers and Kanan Shuttle drivers).
The dress code shall include shoes that are of a plain style black oxford
shoe or plain black dress style athletic shot Sandals, cleats, or open-toe shoes
will not be permitted.
City, at its sole discretion, may make exceptions to the uniform policy.
Drivers shall be required to maintain a neat and clean appearance at all times. At
no time shall shirts, jackets, hats, sweaters, and other clothing display any logos or
graphics that have not been specifically authorized in advance by City.
20. Removal
City may require Service Provider to immediately, pending investigation,
remove any driver from revenue Service for any one of, but not necessarily limited
to, the following reasons:
a. Suspicion of committing unsafe or inappropriate acts while providing the
intended service.
b. Revocation, suspension, or non-renewal of a valid California driver's
license.
c. Conviction of any felony criminal offense.
d. Unacceptable customer service as reported by customers, other drivers, or
as observed by City staff or its agents.
e. Non-compliance with Agreement specified appearance standards.
21. Safety and Security
Program shall conform to all DOT and FTA specifications and that of any
state or federal agency with jurisdiction. City Risk Manager or designee shall be
consulted on all changes to Service Provider's established safety and security
procedures prior to implementation of any changes after Agreement start date.
Service Provider shall develop, implement, and maintain a formal safety
and accident prevention program, including periodic safety meetings, participation
in safety organizations, safety incentives offered by Service Provider to drivers and
other employees, and participation in risk management activities under the
auspices of Service Provider's insurance carrier and City. Service Provider shall
comply with all applicable CHP and OSHA requirements. Service Provider shall
provide City with an overview of its program in the form of manuals and other
media. Service Provider shall seek approval of City Risk Manager of any
substantive changes to the program once approved by City.
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Contract No. 10470-2014 114
Service Provider shall report all hazardous conditions (e.g., trees, signs, road
conditions, etc.) to City and take necessary precautions to safeguard passengers,
personnel, and equipment.
Service Provider shall not permit drivers to bear weapons of any type on City
property, facilities, or on board vehicles while operating a vehicle under the terms
of this agreement.
22. Accidents and Incident Reporting
Service Provider shall develop, implement, and maintain formal procedures,
approved by City, to respond to emergencies and routine concerns that from time
to time occur in the course of providing transit service. Such occurrences to be
addressed include, but are not limited to: in-Service vehicle failure, lift failure,
passenger disturbances, passenger injuries and vehicle accidents.
Service Provider will notify City Project Manager and Fleet Supervisor of
any accident involving a transit vehicle within 15 minutes of its occurrence. In case
of injury accidents, notification shall occur as soon as practicable. A complete
written report on any accident, on the approved form(s) will be delivered via e-mail
to the City Project Manager as soon as practical.
Service Provider is requested to have vehicle operators report public safety
incidents observed by them to the dispatcher or duty manager, who in turn, is
requested to refer all such incidents to the proper authorities. Such observed
incidents shall include, but not limited to: fires, criminal acts, suspicious
circumstances, public right-of-way obstructions, natural disasters, signal outages
or bulb out, collisions and the like. Beyond reporting such incidents, neither
Service Provider nor any of its employees shall have any responsibility of any kind
or character to act further with respect to them.
23. Fares and Fare Collection
Service Provider will be required to sell all fare media as may be required
by City or agencies contracting with City and provide a prompt and accurate
accounting of all sales. Excluding sales of tickets and passes via fareboxes and
electronic ticketing devices provided by City, Service Provider shall be required to
pre-purchase all fare media for sale to the public and shall be solely responsible
for all loss due to theft or erroneous sales. City may, from time to time, implement
sales to other government and social Service agencies that shall be exempted
from this requirement.
Service Provider shall not issue any fare media that has not been
specifically approved by City nor shall Service Provider allow sales to be "on
account" or to be paid over time. Service Provider is prohibited from selling fare
media at other than face value and may not charge any additional fees to process
transactions other than those specifically authorized in advance by City.
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Contract No. 10470-2014 115
Service Provider shall be required to accept checks at the Transportation
Center for payment for all fare media (Go Ventura excluded) for sales up to
$100.00 in value and shall be responsible for all returned checks and costs
associated with collections related to non-sufficient checks.
Service Provider may be required to accept credit and debit cards at the
Transportation Center for payment for sales of City-issued fare media and shall be
entitled to reimbursement from City of per transaction charges according to fee
schedule mutually agreed to by City and Service Provider prior to Agreement start
date. At a future date as determined by City, Service Provider shall also accept
credit cards and/or debit cards for fare payment on board all appropriately
equipped vehicles and accept payments on-line, over the phone, or via other
electronic devices for fare payment. Installation of equipment necessary to permit
the transactions as described in this paragraph shall be the responsibility of City
except for credit card processing equipment at the Transportation Center which
shall be the responsibility of Service Provider unless otherwise directed by City.
Service Provider shall assure each patron pays the appropriate fare before
being provided transportation service. All cash fares are to be in the exact amount
excepting that transaction occurring on buses with the appropriate farebox
equipment may issue a change credit voucher equal to the overage, not
redeemable for cash, but good towards future fare sales on board said vehicles or
at the Transportation Center.
24. Fixed Route and Commuter Bus Service:
a. All cash fares shall be accurately deposited by patrons in the fareboxes
provided by City within each vehicle.
b. All non-cash fares (transfers, passes, and the like) shall be handed to the
driver.
c. The electronic smart card pass shall be scanned by the card reader
provided on all buses.
d. All fares collected are the sole property of City.
e. Service Provider shall, in accordance with a procedure specified by City,
account for revenues collected on transit vehicles.
f. Access to the vaults shall be limited to General Manager and Finance
Manager or Operations Manager.
g. Service Provider shall faithfully deliver the farebox and revenues to City
Finance Department or their representative, a minimum of twice a week on
Tuesdays and Thursdays, except on holidays. City reserves the right to
count revenues contained in each farebox vault. City reserves the right to
change the delivery process with seven day written notice. (Moorpark vaults
shall be delivered to Moorpark City Hall daily).
h. Collections for Commuter Bus Service shall be handled by drop box (if
provided in vehicle) or by direct collection by driver. Funds collected by
drivers shall be delivered to the Finance Manager, or designee, at the end
of each shift, accompanied by a passenger manifest detailing all
- transactions. All funds collected will be delivered by designated staff of
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Service Provider to City Finance Department not less than twice weekly.
Funds deposited into vehicle drop boxes, shall be emptied at least once
weekly and delivered by Service Provider to City Finance Department at
least once weekly.
i. As of July 1, 2014, Kanan Shuttle does not collect fares. In the event fares
are collected at any time during the Agreement term, Service Provider shall
utilize a City approved deposit collection and delivery system, to be
determined.
City shall, at all times, make available to Service Provider a list of tariffs,
indicating what type of fare is to be collected from each type of passenger. In the
case of discount, prepaid, free or promotional fares, City shall also make available
a list of what kind of identification, if any, must be presented by the passenger and
verified by the vehicle operator in order to qualify for the fare. City shall also make
available to Service Provider any fare types for services provided under contract
between City and other agencies when such fares are different than those charged
by TOT.
It will be the responsibility of Service Provider to ensure the correct
identification has been presented by the passenger and verified by the vehicle
operator prior to acceptance of the discount, prepaid, free or promotional fare
media. It will be the responsibility of Service Provider to ensure improper or illegal
requests for identification are not made by drivers. In the absence of presentation
and verification of the appropriate identification as indicated above, it will be the
responsibility of Service Provider to collect the full adult fare, within the bounds of
reasonable prevailing circumstances.
25. DAR/ADA and Inter-City ADA Service:
a. Service Provider shall collect fares and process in a manner as directed by
City.
b. Fares collected shall be verified by the drivers as to the customer category.
c. Service Provider shall coiled as fare payment all City approved tickets or
tokens and return them to City.
City shall at all times make available to Service Provider a list of tariffs,
indicating what type of fare is to be collected from each type of passenger. In the
case of discount, prepaid, free or promotional fares, City shall also make available
a list of what kind of identification, if any, must be presented by the passenger and
verified by the vehicle operator in order to qualify for the fare. City shall also make
available to Service Provider any fare types for services provided under
Agreement when such fares are different than those charged by TOT.
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It will be the responsibility of Service Provider to ensure the correct
identification has been presented by the passenger and verified by the vehicle
operator prior to acceptance of the discount, prepaid, free or promotional fare
media. In the absence of presentation and verification of the appropriate
identification as indicated above, it will be the responsibility of Service Provider to
collect the full adult fare.
26. Scheduling and Dispatch Functions
A. General:
Service Provider shall schedule and dispatch in accordance with the
provisions of the ADA. Service Provider shall comply with all FTA
regulations related to trip scheduling and will comply with Title VI, non-
discrimination requirements in the delivery of all scheduling and dispatch
functions.
Service Provider shall provide sufficient staff to answer ninety-five
percent (95%) of all calls as measured on a monthly basis on transit
information lines and DAR/ADA reservation and information lines with no
more than a sixty second (60) on-hold time. Average hold times as
measured on a monthly basis shall not exceed 30 seconds for all calls
received. No more than .05 percent of calls shall be on hold in excess of
120 seconds as measured on a monthly basis. Violation of one or more of
these standards shall constitute a violation of the Agreement and subject to
liquidated damages.
Service Provider shall maintain a minimum of one staff person to
answer questions from citizens and provide information on area
transportation services in both English and Spanish during all operational
hours and 30 minutes before and 30 minutes after posted operational
hours. Service Provider shall provide personnel to staff ticket sales and
information window at the Thousand Oaks Transportation Center between
the hours of 6:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m.
to 7:00 p.m., on Saturday. Hours are subject to change at the sole
discretion of City. Staff assigned to sales window will be readily available at
all times and in the general proximity of the sales window to answer
questions and complete transactions. The use of a bell, buzzer, or other
notification device is to be avoided during scheduled sales hours. Customer
Service transactions for patrons of the Transportation Center are to take
unconditional priority over all other activities for staff assigned to the sales
window including the answering of phone and dispatching.
Service Provider shall use a systematic method to schedule and
transport passengers using transit vehicles. Currently this system is
Trapeze PASS and Trapeze MON and is anticipated to transition to a new,
as yet to be determined system, prior to July 1, 2015. Service Provider shall
train staff and periodically practice manual dispatching techniques in the
event of a system failure or emergency which prevents staff from utilizing
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electronic systems. All training costs associated with transition to a new
system of dispatch shall be the responsibility of Service Provider.
Service Provider shall make full use of electronic systems provided
and staff shall be trained on all functional aspects of the system including
the entry of data and the mining of data to generate reports and statistical
information.
City shall provide all necessary telephone lines and equipment to
provide phone Service to customers as of July 1, 2014. Service Provider
shall be responsible for monthly phone line and intemet costs at the
Transportation Center and at the Municipal Service Center (MSC) Office,
once occupied. City shall be solely responsible for all costs to operate and
maintain phone system and Internet routers and related equipment for both
Transportation Center and MSC Office. Service Provider shall be
responsible for any phone services required for Service Provider's sole use
and to maintain at Service Provider's expense a minimum of two analog
phone lines and one DSL line at the Transportation Center and one phone
line at the MSC Office to be used as a redundant backup in event of a
catastrophic failure of City provided phone and internet system.
At a date to be determined by City, Service Provider shall implement
automated callbacks for scheduled rides. City, at its sole expense, shall be
responsible for providing necessary hardware and software to implement
automated callbacks.
B. Bus Service:
Service Provider shall maintain a staff person to bus services' on-
time performance and to ensure drivers are properly logged onto Nextbus
during all regularly scheduled operational hours including driver pre and
post-trip times. Dispatch will conduct communications with bus drivers over
City provided radios and frequencies unless otherwise noted in Agreement
or approved by City Project Manager. Dispatchers and duty manager shall
immediately respond to requests for assistance or direction from bus drivers
to resolve issues with routes and/or passengers.
C. DAR and ADA:
Service Provider shall provide an adequate number of persons to
staff dispatching functions. Service Provider shall also be responsible for
maintaining control and contact with all vehicles in service at Service
Provider expense and for maintaining the daily dispatch log. Service
Provider shall propose to City a format for dispatching log. Scheduling and
dispatching personnel shall be trained in professional technique, radio
protocol, dealing with difficult people and in conflict resolution techniques.
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Dispatch will conduct communications with bus drivers over City
provided radios. Personnel shall be monitored and refresher training will be
offered as necessary. Dispatch staff will be provided with tools and access
necessary to allow for the independent resolution of issues including
provision of service in excess of requirements, when supervisory and
management personnel are not immediately available.
Service Provider's staff shall endeavor to place customer needs
ahead of operational rules when such deviation from normal rules and
procedures will provide a positive customer experience. Such exceptions
should have management approval prior to implementation and City Project
Manager shall be notified of any service exceptions within a reasonable
time period.
Both dispatchers and customer service agents shall coordinate the
provisions of this Service such that it will optimize the number of riders
carried and minimize circuitous routing while maintaining on-time
performance. Customer service agents shall advise riders to the best of
their ability, approximate time of pick-up. Service Provider shall take all
possible actions not in direct conflict with Agreement provisions to avoid
any undue delay in the pick-up and drop-off of riders_
Atno time shall Service Provider require a rider to remain on board a
DAR/ADA vehicle longer than sixty (60) minutes or the time it would take to
do the same trip via bus plus twenty (20) minutes, whichever is less. This
standard does not apply to inter-City rides.
27. Systems Promotion
City shall be responsible for all marketing and public relations activities
relating to City transit programs and may, on occasion, request assistance from
Service Provider and Service Provider's staff with specific promotional events.
Service Provider shall distribute on board notices, cooperate and participate in
marketing, promotion, advertising, public relations, and public education programs
and projects undertaken by City from time to time.
Under no circumstances shall Service Provider or its employees be
permitted to distribute any unauthorized printed or written materials without prior
written permission of the City Project Manager or designee.
Service Provider shall display required vehicle headway signage (if so
equipped), in plain view, on all vehicles while in revenue service. SER Service
Provider shall be responsible for all necessary programming of headway signs
using City supplied equipment.
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Service Provider's staff shall not respond to press requests for interviews or
comments on the record regarding any specific incident or transit operations in
general. All requests from press and the media are to be forwarded to City Project
Manager or City Public Information Officer.
On occasion, City may request the assistance of Service Provider's staff
with posting items of concern or interest to social media sites. Such assistance
shall be considered routine and not a special Service. All postings to social media
sites by Service Provider's staff shall conform to City guidelines.
Service Provider shall be responsible to respond to all inquires, comments,
and complaints addressed to the TOT e-mail portal, totransit@toaks.org.
Response to e-mails shall occur within 24 hours of the e-mail being posted, seven
days per week. All responses will be professional and "business like" and should
be reviewed by management prior to posting. Service Provider's staff shall blind
copy City Project Manager or designee on all replies and shall forward all inquiries
beyond the scope of Service Provider's operational duties to the City Project
Manager or designee for response.
28. System Recommendations
Service Provider will provide City with substantiated information to
contribute to schedule revisions and to short- and long-range planning and will
collect data and perform miscellaneous surveys to be used in assimilating
information needed to successfully monitor the Service and clients and to respond
to any and all reporting requirements.
Service Provider shall continually monitor City transit operations, facilities,
equipment, and shall advise City and make recommendations upon observed
deficiencies or needed improvements. City shall retain all authority to take action
on such recommendations.
Service Provider, at City direction, may be required to supply information to
City-hired contractors and other consultants engaged in transit related planning
and promotional activities.
29. Service Interruption
In the event of a service interruption of any kind, Service Provider shall
ensure appropriate action is taken to mitigate the situation as quickly as possible.
It is at Service Provider's discretion on how to mitigate such events with approval
from City.
Service Provider will inform City regarding any route problems, delays,
detours, or vehicle breakdowns. Incident/accidents that cause a major Service
interruption, severe injuries, or media attention must be reported to City
immediately. All Service interruptions or detours as well as when normal routing or
service is resumed must be reported to City Project Manager or designee.
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In the event of Service interruption involving bus services, Service Provider
shall have available an appropriate vehicle and backup driver available to respond
from the Transportation Center during the hours of 6:00 a.m. to 7:00 p.m., Monday
through Friday, 8:00 a.m. to 7:00 p.m., Saturday. For Service interruptions outside
these times, Service Provider shall use all available means including the use of
DAR/ADA vehicles and drivers to provide alternative transportation and to resume
regularly scheduled Service within 30 minutes of Service interruption. This Service
standard shall apply to Moorpark fixed route services and Kanan Shuttle as well.
30. Operating During an Emergency
No later than August 1, 2014, Service Provider shall provide for City review
and approval an Emergency Operation Plan to maintain services in the event of a
significant emergency or due to the unavailability of the Transportation Center or
MSC. Such plans shall be updated at least annually and will maintain at all times a
current list of emergency contact numbers. All operations staff shall be familiar
with the Plan and it shall be readily available to staff to access in the event of an
emergency.
In the event of an emergency, Service Provider shall deploy vehicles in a
manner described by City or other authorized authorities. Emergency Service does
not constitute an expansion of service. City shall be obligated to compensate
Service Provider for emergency Service that significantly exceeds the normal
expense of operating the transit Service during such period of declared
emergency. Service Provider shall make every reasonable effort to house staff
and provide necessary support of their needs during an extended emergency.
The Transportation Center is not currently equipped with a backup power
source. It shall be the responsibility of City to supply necessary battery backup for
City owned and supplied equipment to permit a minimum of 20 minutes of
operation. It shall be Service Provider's responsibility to supply battery backup
power for all Service Provider owned or supplied equipment at the Transportation
Center and MSC Office.
In the event of an emergency, City Project Manager, Public Works Superintendent,
or Public Works Director shall be contacted before any suspension of Service
takes place. Failure to do so will constitute a violation of the Agreement and may
subject Service Provider to liquidated damages.
31. Extra Services
Service Provider shall be required to perform extra services on an as-
needed basis as pre-authorized by City. Such requests whenever possible will be
requested well in advance of need to provide Service Provider with sufficient time
to source the necessary staff and resources. In the event requests for services
involve extraordinary expenses to Service Provider, Service Provider will be
permitted to bill City for such services and/or products immediately rather than
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waiting for customary billing cycle as described in this Agreement. All charges
shall be negotiated and agreed to in writing before services are rendered.
32. Financial and Operational Records
Service Provider shall establish and maintain, within a separate account, all
project expenditures and any other relevant financial and operational records or
documents including a separate breakdown of all expenses and reporting for
services provided under Agreement to other agencies.
Service Provider shall submit invoices to City within ten days after the end
of the each month for services rendered during the reporting period. Separate
invoices shall be provided for fixed-route Service segregated by agency,
commuter bus service, shuffle bus services, extra bus services, DAR/ADA
operations segregated by type and agency, capital lease for vehicles used in the
DAR/ADA and shuttle bus Service segregated by type and agency, and other
special Service as may be requested by City or agencies contracting for service.
Invoices shall be prepared in such a form and supported by such documentation
as may be required by City to establish that the amounts are allowable. Payment
to Service Provider shall be made within 30 days after receipt of an acceptable
invoice. All invoices shall be addressed as follows:
City of Thousand Oaks
Municipal Service Center
Attn: Transit Manager
1993 Rancho Conejo Boulevard
Thousand Oaks, CA 91320
All invoices, supporting documents, and other financial records relevant to
this Agreement shall be subject to inspection and audit by representatives of City,
DOT, FTA, Ventura County Transportation Commission (VCTC), other state and
federal agencies and agencies that contract for Service with City under this
Agreement.
City relies substantially on the use of TDA funding and state and federal
grants for operational expenses. Each agency has unique reporting requirements
for expenditures and such reporting requirements shall be binding on Service
Provider even if reporting requirements exceed those required by Agreement.
Agencies contracting for services with City may have unique reporting and
supporting document requirements. Service Provider shall make every reasonable
effort to comply with requests for information and supporting documentation in
specific formats when requested by City on behalf of a contracting agency.
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33. Operating Reports
A. Fixed-Route, Commuter, and Shuttle Bus Service:
A monthly activity report summarizing ridership, revenue, and cost will be
submitted to City. Such reporting will be segregated by agency and Service
type unless otherwise requested by City. The monthly report will include,
but may not be limited to, the following:
1. Miles between road calls
2. Miles between maintenance road calls
3. Number and percentage of missed/late pull-outs
4. Number and percentage of missed/late trips
5. Number and percentage of on-time performance
6. Number of complaints/1,000 passengers
7. Total accidents/50,000 miles
8. Collision accidents/50,000 miles
9. Total preventable accidents/50,000 miles
10. Passenger accidents/50,000 miles
11. Boarding
12. Drug and alcohol test
13. Driver/Dispatcher training activities
14. Driver evaluations
15. Ridership counts by day, mode, route, and fare type
16. Vehicle revenue Service and total hours by vehicle
17. Vehicle revenue Service and total miles by vehicle
18. Summary of safety program activities
19. Trip ticket analysis
20. Number of bikes transported
Service Provider will be responsible to provide City with any and all
information necessary and available to Service Provider to ensure
completion of annual National Transit Database (NTD) filing and to comply
with information requests related to any state or federal audit including FTA
triennial audits.
B. DAR and ADA Service:
A monthly activity report summarizing ridership, revenue, and cost will be
submitted to City. Such reporting will be segregated by agency and Service
type unless otherwise requested by City. The monthly report will include,
but may not be limited to, the following:
1. A list of all vehicle breakdowns occurring in service
2. List and explanation of denied and missed trips
3. List of passengers by fare type
4. Operation reports
a. Total vehicle miles
b. Total vehicle hours
c. Total revenue miles
d. Total revenue hours _
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e. Average response time (time between the call-in and pick-up)
f. Longest response time per month
g. Total trip time
5. Inter-city ADA report
a. Total vehicle hours
b. Total vehicle miles
c. Total trips
d. Pick-up city
e. Drop-off city
f. Total number of passengers
g. Total number of companions
Summary of all complaints concerning any aspect of the Service shall be
provided to City monthly. Such complaints shall be individually listed by
date and subject matter, and be written in a uniform format.
Summary of all incident reports concerning any aspect of the Service shall
be provided to City monthly. Such reports shall be individually listed by date
and subject matter, and be written in a uniform format.
Summary of all vehicle incidents with reimbursable repairs concerning any
aspect of the Service shall be provided to City on a request basis. Such
summary shall individually list by date and subject matter all such incidents,
and be written in a uniform format.
Service Provider will be responsible for providing City and any agency
contracting with City for services with any and all information necessary and
available to Service Provider to ensure completion of annual NTD filing and
to comply with information requests related to any state or federal audit
including FTA triennial audits.
34. Vehicle Maintenance and Collision Records for Leased Vehicles:
Service Provider shall maintain all vehicles' maintenance records required
under the laws of the State of California or as may be required by DOT or FTA or
other agency with jurisdiction. Such records include, but are not limited to, the
following:
a. Copies of work orders for all vehicle maintenance activities
b. Preventive maintenance schedule report copies, retained in file for a three
year period including copies of all lift and ramp inspections
c. The original pre-trip inspection/defect report for each vehicle
d. Reports containing negative driver notations shall be retained for a
minimum of 30 days; reports indicating a vehicle defect shall become a
permanent part of the vehicle file
e. Reports of all road call maintenance shall be retained as a permanent part
of the vehicle file
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Service Provider shall maintain an individual file for each vehicle used in the
operation of services under this Agreement to City. In addition to the items above,
this file shall include, but not be limited to, the following information by date of
action:
a. All preventive maintenance work, including parts and labor utilized
b. All warranty work, if applicable
c. All other types of repair work, including parts and labor
City reserves the right to inspect a vehicle that had previously been
involved in a traffic collision, before that vehicle is placed in service.
35. Leased Vehicle Requirements
A. All vehicles proposed for use in the Service by Service Provider shall be
subject to approval by City. Each vehicle must be ADA accessible as
outlined in Section 49 CFR Part 38, ADA Accessibility Specifications for
Transportation Vehicles. All vehicles shall have passed the annual
inspection and certified by the CHP if an inspection is required. All vehicles
proposed by Service Provider for use in operation of the subject services
shall be available for inspection by City and the CHP upon request. At the
time of inspection, vehicles shall be equipped with all items required herein.
B. Service Provider shall maintain all leased vehicles. Service Provider shall
ensure its employees; vehicles, facilities, and equipment meet all applicable
laws, codes, and safety standards as set by federal, state and local
governments, and shall be inspected at each interval required by all
governing entities.
C. Service Provider shall provide precise scheduled maintenance and
preventive maintenance inspections as specified by the vehicle
manufacturer, City, and all other governing entities. All scheduled and
preventive maintenance must be completed on a timely basis and within the
established mileage interval. Service Provider shall keep an accurate
record of all repair and work orders performed by, or for, Service Provider
on all equipment. Preventive maintenance ramp and lift inspection shall be
conducted at manufacturer's recommended intervals or during regularly
scheduled maintenance, whichever is sooner.
D. Throughout the term of this Agreement, Service Provider shall, at all times
and its sole expense, cause all components of each leased vehicle to be
maintained in safe and proper working conditions, free from damage or
malfunction. At Service Provider's expense, any leased vehicle damaged by
collision or otherwise shall be repaired as expeditiously as possible to a like
new condition.
E. Service Provider shall inspect the cleanliness of each vehicle and ensure
that the lift or ramp -is operational, prior to its assignment for service.
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• Vehicles that fail to meet these standards shall be corrected prior to their
assignment for service.
F. No leased vehicle shall be used for parts, for any reason, without prior
written consent of City.
G. Service Provider shall provide eleven (11) Class D low floor para-transit
vehicles that are Buy America compliant and fully comply with all applicable
FTA and DOT requirements. All vehicles shall be accessible for the
operation of DAR/ADA service. All vehicles shall be factory new, model
year 2013 or 2014 and be available for Service at Agreement start date.
At any time during the Agreement period, City may elect to add
additional leased DAR/ADA vehicles. Costs for additional leased vehicle
shall be negotiated excepting that any Class D low floor para-transit vehicle
added to leased vehicle fleet during months 1 through 23 of the Agreement
shall be at the same rate negotiated for vehicles supplied at Agreement
start. City, at its sole discretion, may permit substitution of Class A vehicles
in lieu of Class D vehicles at the same monthly lease rate. Additionally, City
may require, at its sole discretion, and at a mutually agreed to lease rate,
that Service Provider supply additional Class A, Class B, Class C, and low
floor Class E or F vehicles at any time during the Agreement term. All
vehicles added shall fully comply with FTA and DOT requirements.
All vehicles shall be constructed in a manner sufficient to provide
reliable and mechanically sound operation in the context of daily public
transportation Service and meet all applicable state and federal regulations
for use in demand response service. All vehicles will be equipped with City
specified graphics, supplied at Service Provider's expense. All vehicles will
be equipped with backup sensors and backup camera, rearview mirror with
backup camera display, Drivecam brand (or equivalent) incident recording
equipment, and a minimum two camera, solid state video recording system
with audio capable of providing playback of a minimum of the 100 most
recent hours of recording.
City, at its sole discretion and expense, may require the installation
of headway signs, digital radios, GPS, or other electronic equipment and
safety or security equipment into or on leased vehicles. City shall retain
ownership of such equipment for the duration of the vehicle's in-Service life.
City-owned equipment installed in leased vehicles shall be professionally
removed, at Service Provider's expense, when vehicle is retired from
service.
H. Each Class D or equivalent vehicle placed in Service shall not remain in
Service more than 48 months or 150,000 miles, whichever comes first and
shall be replaced with a like, current model year, factory new replacement
or vehicle agreeable to City.
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I. All vehicles used in the operation of this service shall be equipped with two-
way communications systems between the dispatcher and vehicle at
Service Provider's expense, and shall have adequate air conditioning
installed by the vehicle manufacturer in good working order. No vehicle
shall be placed into revenue service with non-working air conditioning,
regardless of ambient temperature.
J. All exterior vehicle graphics will be approved by City and must meet
requirements of the ADA as specified in the ADA Section 49 CFR, Part 38.
Additional signage shall include vehicle numbers and a California
transportation carrier identification number at the front and curbside of the
vehicle. All vehicle signage shall be subject to approval of City. City
reserves the right to make changes to exterior graphics at any time during
the Agreement term.
K. Service Provider shall not place any advertising on the vehicle unless
written authorization is obtained from City. The terms and conditions of any
advertising shall be subject to City approval. City decisions shall be final.
L. Fueling of all leased vehicles shall occur at the MSC, without exception,
unless fuel is unavailable at MSC. or due to extraordinary circumstances.
Service Provider shall be reimbursed by City for such fuel upon
presentation of bill noting specific vehicle, date, quantity, and per gallon
price. Service Provider shall endeavor to fuel vehicles at lowest possible
cost under these circumstances. Service Provider's staff costs associated
with fueling leased and City DAR/ADA vehicles shall be at Service
Provider's sole expense and time and distance to fueling and from fueling to
next pick-up, shall not be counted towards revenue Service hours and
miles.
36. Leased Kanan Shuttle Vehicles
Service Provider shall provide for three (3) Class E or F low floor, CNG
fueled, cutaway vans, new, model year 2013 or 2014, with a minimum seated
passenger capacity of 16 passengers plus 2 wheelchairs. All other performance
specifications as listed under Section 35 shall apply, with the exception of
minimum life expectancy which shall be five years or 200,000 miles, whichever is
first. In addition, each vehicle will be supplied with a stop notification device,
interior and exterior public address system, two-way radios, headway signs, and
two-position bike rack. City shall have the option to add one additional vehicle of
the same size, class, and model in months 1 through 23 of the Agreement at the
same lease rate.
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37. Backup Vehicles
A. DAR/ADA
Service Provider shall, at all times, have a minimum of two vehicles
available as a back up in the event of an in-Service vehicle failure or
Service interruption. Service Provider shall dispatch a back up vehicle into
service within 30 minutes unless Service demand is such, the vehicle is not
required. Use of a leased vehicle or City owned vehicle for the purposes of
satisfying this requirement is at the discretion of Service Provider. For
General DAR service, this requirement is waived when both designated
vehicles are in revenue service. When only one designated vehicle is in
revenue service, the other vehicle will be placed on standby. Should City
elect to increase designated vehicles for General DAR Service to three or
more vehicles, backup vehicle standards apply.
B. Fixed-Route and Commuter Bus
Service Provider shall maintain and have available at the
Transportation Center one (1) TOT Bus and one (1) Moorpark Transit bus
pre-tripped and available for immediate use during times that back up driver
is on duty. In the event a back up bus is dispatched, Service Provider will
make arrangements as soon as practical, to have another bus or large DAR
vehicle located to the Transportation Center in the event of an additional
bus failure before backup bus returns from service.
C. Kanan Shuttle
Service Provider shall maintain and have available, at the
Transportation Center, one (1) Kanan Shuttle bus pre-tripped and available
for immediate use during times that back up driver is on duty, unless all
three buses are in revenue service. In the event City elects to increase
number of leased vehicles to four or more, standards for Section 37(b)
above shall apply.
38. Support Vehicles
Service Provider shall supply at Agreement start date a minimum of three
transit support vehicles for use by Service Provider's staff in support of transit
operations including for the rotation of drivers, delivery of vehicles for
maintenance, transportation of fare boxes to City Hall, and other training and
support activities. Vehicles supplied shall be factory new, model year 2013 or
2014, and shall be all-electric, hybrid, or fueled by compressed natural gas.
Operation, maintenance, and fueling of support vehicles shall be at Service
Provider's sole expense. Vehicles shall be maintained to the same mechanical
and appearance standards as required for leased DAR vehicles and will be
appropriately signed as to identify the vehicles as being owned by Service
Provider. At no time will support vehicles be used for revenue service.
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39. City, Moorpark, and Leased Bus Repairs for Damage
Service Provider shall pay for any repairs arising from Service Provider
negligence or abuse of City and Moorpark owned vehicles and shall be
responsible for all repairs required as a result of collision or accident regardless of
fault. City shall determine what repairs are due to negligence and abuse. Service
Provider and Service Provider's staff shall immediately report all body damage to
City or Moorpark owned vehicles regardless of the nature of the damage. All
drivers shall be required by Service Provider to report all damage on the Driver
Vehicle Inspection (DVI) forms. Failure to report damage at shift start on DVI shall
constitute a breach of the Agreement and may subject Service Provider to
liquidated damages.
Any vehicle which sustains damage or experiences failure impairing safe
mechanical operation shall be removed from Service immediately, and shall not be
placed in revenue Service until restored to safe operating condition. At no time will
a vehicle with a known mechanic defect or faulty lift or ramp be placed in to
revenue service. Any vehicle with a faulty lift or ramp occurring in revenue Service
shall be immediately removed from Service until repaired.
40. City and Leased DAR Vehicle Inspection, Servicing, and Cleaning
Service Provider will require each driver inspect each vehicle with regard to
safety, function, and appearance of the vehicle prior to the placement in revenue
service.
A daily pre-trip inspection form shall be completed and submitted for all
vehicles prior to the start of service. The checklist will be utilized and kept on file
for City and CHP review. This checklist requirement may incorporate or
supplement CHP required driver's pre-trip safety inspections.
For purpose of this Agreement, daily servicing will include, but not be
limited to, fueling; engine oil, and coolant check/add; ramp/lift check; brake check;
light and flasher check; interior sweeping and dustingy;graffiti removal, brochure
inventory, exterior and interior visual inspection; and driver's report of vehicle
safety, reliability, or performance defects, including climate control mechanisms.
Service Provider shall immediately repair or replace, prior to placement in
revenue service, any leased vehicle possessing safety or operational problems.
City Fleet staff shall be notified of any City DAR vehicle requiring repair as soon as
it is known to Service Provider and Service Provider shall deliver to the MSC as
soon as practical, any City DAR vehicle requiring repairs.
NI DAR vehicles, leased and City-owned, at Service Provider's sole
expense, shall have an interior detail weekly and shall be placed through City bus
wash each time it is fueled at the MSC. All DAR vehicles shall receive a hand
wash every 30 days either by Service Provider staff or at a commercial car wash
facility (Class D vehicles only). At least once every 90 days, or as deemed
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necessary by City, all DAR vehicles will receive a full exterior detail including
wheels and tires that will consist of hand wash and wax and repair of exterior
defects to trim and molding. All exterior decals and vehicle identifications shall be
maintained in like new condition and replaced as required at Service Provider's
expense.
41. City, Moorpark, and Leased Bus Inspection, Cleaning and Maintenance
Service Provider shall maintain buses in a clean and neat condition at all
times.
Driver vehicle inspections shall meet criteria set by CVC 34505.5 (Periodic
Inspection by Motor Carrier). Service Provider's inspection forms shall have fields
to log the minimum requirements of CVC 34505.5.
Service Provider shall be responsible for arranging annual terminal
inspections by the CHP, and shall also maintain a satisfactory CHP rating
throughout the life of this Agreement. Copies of all CHP inspection documents
shall be promptly e-mailed or hand delivered to City within one working day of
such inspection.
Service Provider will require each driver inspect each vehicle with regard to
safety, function, and appearance of the vehicle prior to the placement in revenue
service.
A daily pre-trip inspection form shall be completed and submitted for all
vehicles prior to the start of service. The checklist will be utilized and kept on file
for City and CHP review. This checklist requirement may incorporate or
supplement CHP required driver's pre-trip safety inspections.
For purpose of this Agreement, daily servicing will include, but not be
limited to, fueling; engine oil, and coolant check/add; ramp/lift check; brake check;
light and flasher check; interior sweeping and dusting; graffiti removal, brochure
inventory, exterior and interior visual inspection; and driver's report of vehicle
safety, reliability, or performance defects, including climate control mechanisms.
Service Provider shall immediately notify City Fleet staff of any City or
Moorpark bus requiring repair as soon as it is known to Service Provider and
Service Provider shall deliver to the MSC as soon as practical, any City or
Moorpark owned bus requiring repairs.
A. Interior
Service Provider shall maintain the bus interior in good condition.
Service Provider shall also ensure all corners and seams are securely
fastened to the floor at all times, and the doors, stop notification devices,
public address system, fareboxes, headway signs, and all other electronic
devices work properly. Securement devices shall be inspected for function
and adequate quantity.
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The driver's area shall be clean at all times. Driver's personal
property shall be kept in a secure area and out of sight. Driver seats shall
be maintained in accordance with the standards stated below for passenger
seats. Service Provider shall check interior for damage and clear of trash at
the conclusion of each shift or Service day. Service Provider shall not
attach or place any markings on the interior of the vehicle without written
permission from City.
Storage cabinets shall be kept neat and orderly with minimal number
of supplies and items needed for revenue service. Drivers shall not allow
personal materials and trash to accumulate inside storage cabinets.
Service Provider shall perform basic cleaning daily and the following
maintenance at least weekly:
a. Sweep, mop, clean, and remove all trash, gum, sticky substances,
foreign objects, vermin, dirt, and dust from vehicle floors.
b. Clean driver area, including but not limited to, dash controls,
dashboards, above the driver area and along the front dashboard; so
as to be free of dust, stains, or grease.
c. Clean passenger seats to the extent they are dust free and free of all
foreign substances.
d. Clean all ledges, stanchions, handrails, modesty panels, passenger
signal strip and remove dust, grease, gum, or sticky substances.
e. Replenish TOT, Moorpark, and Kanan Shuttle system map and route
schedule brochure inventory.
B. Exterior
Drivers shall inspect exterior of the bus and note any new cracks,
dents, scrapes, graffiti, and any other markings. Driver shall make the
report on the driver inspection form and notify City Fleet staff of significant
damage to City or Moorpark owned bus immediately. Service Provider may
not attach or place any markings on the exterior of City and Moorpark
owned bus without prior written permission of City.
Service Provider shall report any of the following maintenance items to City:
a. Destination signs are not working
b. Damaged to the bike racks
c. Repair needed to the fareboxes
Each bus, at Service Provider's sole expense, at least once every 90
days or as deemed necessary by City, will receive a full exterior detail
including wheels and tires that will consist of hand wash and wax. All
exterior decals and vehicle identifications shall be maintained in like new
condition and replaced as required at Service Provider's expense. At least
weekly, all wheels will be cleaned to remove brake residue. Use of harsh
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abrasive cleaners and tools is to be avoided as to not damage aluminum
wheels.
42. Vehicle and Equipment Repair Due to Negligence, Vandalism, Theft or Abuse
Service Provider shall be responsible for the cost of all repairs to City and
Moorpark owned vehicles and equipment to correct loss or damage due to
negligence, vandalism, theft or abuse. Cost of repairs shall include all parts, labor,
vehicle transportation or towing, and other costs associated with completing the
necessary repairs. These repairs shall include graffiti damage to interior and
exterior components of the bus including windows, window moldings, seats and
seatbacks.
All repairs to City and Moorpark owned vehicles shall be performed by City
Fleet staff or by other vendors and suppliers designated by City, except that
Service Provider may make minor cosmetic repairs in a workman-like manner
which would normally be performed during cleaning and detailing of a vehicle.
Service Provider shall promptly report vehicle damage to City Fleet staff.
Should City determine unreported vehicle or equipment damage is the
responsibility of Service Provider, City shall notify the General Manager. Service
Provider shall review the damage, as soon as practicable, but in all cases within
24 hours after notification. City shall complete necessary work, document the
repairs or replacement on a work order, and provide Service Provider with a copy
of repairs and invoice. Service Provider shall be responsible for the cost of repairs.
City shall bill for all repair work performed at its usual and customary rates.
Accident Reports
City requires Service Provider to have an accident and emergency
notification program notifying City of accidents or emergencies to assure City
claims are handled promptly and fairly.
Service Provider shall require all vehicle operators to report any accident or
incident involving the vehicle or passenger to the on duty manager. The duty
manager shall use good judgment in handling the situation, and shall immediately
notify the appropriate public safety department as warranted. All accidents must
be reported to City by telephone, text, or e-mail immediately by Service Provider's
staff or management and Service Provider must prepare appropriate incident and
accident reports in writing as soon as practical, not to exceed 24 hours for non-
injury accidents, four hours for injury accidents. Service Provider shall submit all
accident-related reports to the DMV as required. Service Provider shall assume all
liability for accidents and workers' compensation claims.
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44. Cameras Onboard Vehicle
Each City and Moorpark bus and selected City DAR vehicles are equipped
with a video and audio surveillance system. Upon request and following any
accident, collision, and passenger incident, Service Provider shall review and
archive all relevant video images and audio to a separate computer for a period of
not less than 13 months. City shall supply at its own expense all equipment
necessary to review and archive data. Service Provider shall not permit drivers at
any time to have access to on-board recording equipment and shall not release
any recording or copy thereof to any individual or agency without the knowledge of
and approval of the City Project Manager, Public Works Superintendent, Risk
Manager, or their designee.
Service Providers staff shall notify City Fleet staff for any failure of on-
board cameras or audio and video recording equipment as soon as Service
Providers staff becomes aware of the problem. Buses and DAR vehicles with
inoperable recording equipment shall not be placed into Service unless no other
vehicle is available.
All leased vehicles with on-board recording systems shall have operation of
the recording system tested at least once per month by Service Provider's
mechanic or designee and shall not be placed into Service if the system is
inoperable, unless no other vehicle is available.
45. Road Calls
City Fleet staff will respond to road calls to assist with disabled CITY and
Moorpark owned vehicles upon request of Service Providers staff. Failed vehicle
shall display "Out of Service" on the front and/or side destination signs. Service
Provider shall follow the following procedures in making road calls:
a. Transit bus driver notifies dispatch of location and problem with vehicle. The
driver shall make every effort to park vehicle in a safe location that does not block
pedestrian or vehicle traffic.
b. Dispatch notifies City Fleet staff and forwards the information. A backup
vehicle should be dispatched to continue the affected route.
c. City Fleet staff will respond to site to assess the situation. City Fleet staff
will determine if the vehicle can be repaired on site or should be towed to the
MSC. Under no circumstances should the vehicle be left unattended.
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d. In the event City Fleet staff is unavailable when first contacted, the
dispatcher shall contact the Fleet staff Crew Leader or Fleet Supervisor by phone.
Service Provider shall also attempt to notify the City Project Manager of the
situation.
A vehicle shall not be left unattended overnight unless specific authorization
is given by City Project Manager or City Fleet staff. In the event that a vehicle will
be left unattended, dispatch is responsible for notifying law enforcement in the
area the vehicle will be left. The driver is responsible for ensuring the vehicle is
secure and all valuables have been removed.
46. After-Hours Road Calls
When a situation occurs outside the standard Fleet work hours (Monday
through Friday, 6:30 AM to 5:00 PM), the dispatcher is authorized to contact the
City on-call mechanic. If no response is gained, the dispatcher may call the City
Fleet Supervisor. The dispatcher may also contact the City Project Manager or
designee and seek direction.
If this road call is determined by City to be caused by collision, vandalism,
abuse, or Service Provider employee error, then the cost of the road call shall be
billed to Service Provider in accordance with City usual and customary billing
practices.
47. Vehicle Towing
City maintenance staff shall authorize all towing of City and Moorpark
owned vehicles, except that towing may be performed by the most expedient
source at the direction of law enforcement or when otherwise necessary to
eliminate a potential hazard.
48. Transportation Center
Service Provider's staff shall endeavor to maintain leased office space in a
clean and professional manner, with minimum clutter. Service Provider shall
prohibit staff from posting materials that might be offensive to any individual or
group. Service Provider shall assist City in maintaining the public access areas in
good condition and will ensure vending machines, signage, radios, interior
landscaping, benches, and other amenities are in good working order. Service
Provider's staff shall notify City Facilities staff of any damage, vandalism, graffiti,
or other concerns as soon as Service Provider's staff becomes aware of the
problem.
Service Provider's staff will maintain the security of the administration area
at all times and will not permit administration area to be accessed by unauthorized
persons, will alarm the building as required, and will perform security sweeps as
needed prior to the locking of the public areas. Service Provider's staff shall
regularly observe and review security camera recordings for incidents and shall
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cause to have any significant events copied to an archive computer for a period of
not less than 13 months. General Manager will limit access to record and playback
interface to management staff only.
At no time will the storage of hazardous or flammable materials be
permitted inside the Transportation Center. Service Provider's staff is prohibited
from smoking in or within 25 feet of the administration building and shall cause no
smoking provisions of City Municipal Code to be enforced on all patrons within the
footprint of the Transportation Center building and bus loading areas.
49. Performance Bond
A performance bond is required, equal to 75 percent of the expected first
year billing as determined by City Project Manager or designee. Performance
Bond shall be maintained for the life of the Agreement.
50. Start Date
A Notice to Proceed will be provided after City Council approval of
Agreement. The selected Service Provider will be required to implement all
aspects of the Agreement except those specifically articulated with a different
date, on July 1, 2014, or be subject to liquidated damages as described in Exhibit
D.
51. Telephone System
City shall maintain a telephone system and telephone equipment sufficient
to handle the volume of calls typically experienced on the busiest days.
52. Computer System Compatibility
City currently supports Windows based computer operating systems. To
ensure compatibility, Service Provider shall not acquire computer hardware of
software for maintenance of City records that are not compatible with City
computer systems.
53. Training Wages and Costs
The cost of wages, training materials, venues, staff, and other expenses for
all training shall be borne by Service Provider unless specifically articulated in this
Agreement or agreed in writing that City shall be responsible. City may require,
with reasonable notice and accommodation, that Service Provider's staff attends
training sessions offered to City employees. In such instances the fees for Service
Provider staff participation shall be the responsibility of City. However wages for
Service Provider's staff remain responsibility of Service Provider.
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54. Right to Demand Assurances of Performance
If Service Provider is the subject of any labor unrest including work
stoppage or slowdown, sick-out, picketing, or other concerted job action, appears
in the reasonable judgment of City to be unable to regularly pay its bills as they
become due, or is the subject of a civil or criminal judgment or order entered by a
federal states, regional or local agency for violation of an environmental law, and
City Project Manager believes in good faith that Service Provider's ability to
perform under the Agreement has thereby been placed in substantial jeopardy,
City may, at its option and inaddition to all other remedies it may have, demand
from Service Provider reasonable assurances of timely and proper performance of
this Agreement, in such form and substance as the City Project Manager believes
in good faith is reasonable necessary in the circumstances to evidence continued
ability to perform under the Agreement. If Service Provider fails or refuses to
provide satisfactory assurances of timely and proper performance in the form and
by the date required by City, such failure or refusal shall be considered a default.
55. Service Complaints, Complaint Log and Complaint Reimbursement
A. General
Service Provider shall be responsible for the prompt and courteous
attention to, and prompt and reasonable resolution of all customer
complaints within 24 hours, weekends and holidays excepted, provided,
however, that if the complaint is of a nature that cannot be resolved within
24 hours, Service Provider shall resolve the complaint as soon as
practicable and shall provide written notification, as to the complaint
resolution.
B. Log
Service Provider shall record in a log all complaints, noting the name
and address of complainant, date and time of complaint, nature of
complaint, and nature and date of resolution. This log shall be available for
inspection by City Project Manager or designee during Service Provider's
regular office hours. Copies thereof and copies of all complaints shall be
furnished to the City Project Manager upon request. This complaint log shall
be retained by Service Provider for the term of the Agreement and
surrendered to City Project Manager upon Agreement termination. In
addition, Service Provider shall compile a summary statistical table of the
complaint log, in a format satisfactory to City, and submit the report to City
annually with the June invoice.
C. Complaint Reimbursement
Customers contacting City with a complaint regarding Service
Provider Service will be directed to Service Provider for complaint.
resolution. In the event that Service Provider cannot resolve the complaint
and the customer contacts City for resolution, Service Provider shall
reimburse City for all reasonable labor and materials directly expended by
City in resolving legitimate service-related complaints from customers in
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such cases where complaint is resolved against Service Provider. City shall
invoice Service Provider for such costs, indicating the name and address of
the customer, nature of complaint, amount of time spent, hourly rates for
employees involved, and materials required to resolve the complaint.
Payment to City shall be due within 30 days of receipt of invoice.
56. FTA Required Reporting
Service Provider shall conduct on-board data sampling each year as
directed by the FTA/NTD, to statistically compute valid passenger mile data:
Service Provider shall use the technique described in FTA Circular C
2710.1A (dated July 18, 1988) or the most current technique approved by FTA.
Service Provider shall submit the daily random-sample trip sheets no later than the
tenth (10th) calendar day for the previous month's sampled trips. Service Provider
shall prepare a quarterly report of the random trips to be submitted no later than
thirty (30) days after the end of each quarter and prepare an annual summary to
be submitted no later than thirty(30) days after the end of the fiscal year.
Service Provider shall be responsible for ensuring that all reported NTD data
meets FTA requirements and definitions. Service Provider shall be responsible for
maintaining the most recent NTD data collection procedures. Monthly, quarterly
and annual reports shall be considered missed if not submitted to City no later
than the tenth (10th) calendar day or thirty (30) days after the end of the quarter or
fiscal year, respectively, and be considered a cause for termination of the
Agreement.
57. MSC Office
At a time mutually agreed to by City and Service Provider, Service Provider
shall furnish, at its own expense, a mobile office to be placed at the MSC at a
location selected by City. The size and exterior appearance of the office is subject
to the approval of City. City shall prepare the appropriate location and supply
necessary infrastructure for water, sewer, electric, internet, and data. Service
Provider shall be responsible for all costs to purchase, transport, deliver, set-up,
and furnish office and shall be responsible for on-going maintenance costs.
Utilities including sewer, water, and electricity shall be provided by City at no
additional charge to Service Provider, so long as those charges do not exceed
$500 per month. Any charges in excess of this amount shall be the responsibility
of Service Provider.
At termination of the Agreement, or at any time mutually agreeable to City
and Service Provider, the mobile office shall be removed from MSC grounds and
grounds restored to pre-delivery conditions. Service Provider shall be responsible
for all costs.
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58. Parking for Service Provider Staff at MSC
Service Provider staff assigned to or reporting to MSC shall utilize the MSC
employee parking lot to park personal vehicles. At no time is a personal vehicle
permitted in the bus parking and fueling area or MSC operational yard.
59. Key FOB Issuance
All Service Provider staff assigned to or reporting to the MSC shall be
issued a key FOB at City expense for the sole purpose of accessing the employee
parking lot and entering or exiting specified gates while operating a transit vehicle.
All other use of the key FOB are expressly prohibited unless approved by City
Project Manager or Fleet Supervisor.
60. Call Recording and I.T. Closet
At a time to be determined, City will require that all phone calls to the
information and reservation phone lines shall be recorded to ensure prompt,
effective, and accurate customer Service and reservations. All costs associated
with equipment and software necessary to record and archive recordings shall be
the responsibility of City. Service Provider's staff will not interfere in any manner to
permit calls not to be recorded nor shall any employee of Service Provider be
permitted to access any equipment related to call recording located in
Transportation Center I.T. closet. Closet will remain off-limits to all Service
Provider's staff with the exception of the General Manager and then only with prior
approval of City Project Manager or designee.
61. Prior Damage Vehicle Inspections
On June 29, 2014, all City owned vehicles that will be in Service on July 1,
2014, shall be inspected by representatives of City and Service Provider for
physical damage. All damage identified will be the responsibility of Service
Provider of record for Contract 8906-2009 who shall remain responsible for all
repairs unless expressly waived in writing by City Public Works Superintendent or
their designee. All physical damage to City owned vehicles while in operation of
Service Provider's staff, on or after June 30, 2014, shall be the responsibility of
Service Provider of this Agreement.
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EXHIBIT B
SCHEDULE OF FEES
Service Provider's cost for all labor, material, and equipment necessary to the
completion of work itemized, shall be included in the unit price for various items shown
herein. City reserves the right to increase or decrease the quantity of any item or omit
items as may be deemed necessary and the same shall in no way affect or make void the
Agreement. When increases or decreases are made, appropriate additions or deductions
from the Agreement total price will be made at the stipulated unit price. Revenue Hour is
defined as the time a vehicle is available to provide service and there is an expectation of
carrying passengers. The Federal Transit Administration definition of revenue service
shall apply at all times unless specifically waived by City's Project Manager or designee.
Work Description Unit Cost
Fixed Route Service per Revenue Hour $ 44.35
DAR and ADA Service per Revenue Hour _ $ 43.04
Class D DAR Van (or equivalent) per Vehicle per Month $ 712.05
Special Services Variable
Annual
Work Description Not-to-Exceed
Cost"
Fixed Route Service $1,025,000
DAR and ADA Service $1,650,000
Class D DAR Van $ 100,000
Special Services $ 25,000
Total $2,800,000
Adjusted annually for CPI, not to exceed three percent (3%) (excludes vehicles)
Costs provided are for existing services only. New County service costs will be
addressed when County Contracts are submitted for City Council approval in June.
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EXHIBIT C
PROVIDED SERVICES
City Duties and Responsibilities
City shall perform the following duties and accept the following responsibilities with
respect to Thousand Oaks Transit and other agencies provided service under this
Agreement. To the extent reasonable and feasible, Service Provider shall assist City in
this regard.
Fixed Route Service
1. City shall be responsible for all marketing and planning activities related to routes,
schedule, days and hours of operation, bus stop locations, locations of street
furnishings, preparation of planning documents, budgets, grant applications, and
other activities related to overall system administration.
2. City shall prepare, print and provide to Service Provider all schedules, passes,
tickets, transfers, service brochures, and like materials required by City or
agencies contracting with City for services provided under this Agreement.
3. City shall provide seven fixed route transit vehicles equipped with radios, fare
boxes, and all related safety equipment; vehicle parking, and registration; all parts
and materials, part inventory, plus like services for five fixed route transit vehicles
for Moorpark.
4. City shall provide all necessary vehicle maintenance including labor, parts, and
fuel for all City and Moorpark owned vehicles.
5. City shall provide repairs to all City and Moorpark owned vehicles and provide
Service Provider's with an invoice for damage caused by Service Provider's
drivers.
DAR/ADA Service
1. City will issue DAR cards, brochures, comment cards and passes.
2. City shall supply a computerized dispatch program and equipment related to the
program.
Office Facility
Office space at the Transportation Center shall be leased to Service Provider at a
rate and terms mutually agreed to through a separate Agreement.
Local Business License
City agrees to exempt Service Provider from City business license tax and fees.
This exemption also applies to City of Moorpark.
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EXHIBIT D
PERFORMANCE STANDARDS
1. Agreement Standards
Service Provider shall strive at all times to provide service in a manner which will
ensure responsive service to transit customers, while at the same time maximizing
service reliability and safety. In order to identify key areas of concern to City, various
performance standards are described below for which liquidated damage fines may be
assessed when service falls below the standard.
It is agreed any breach of this Agreement by Service Provider could result in
substantial damages and injury to the public and City in amounts which are difficult to
ascertain with specificity at this time. Therefore, certain dollar amounts are established
here for the identified standards. Liquidated damages will be waived if due to
manufacturer defect existing in a vehicle.
2. Operations
Vehicles shall be operated with due regard for the safety, comfort, and convenience of
passengers and the general public. Service Provider shall strive to attain 100 percent on-
time performance. Service Provider shall strive to maintain zero (0) preventable
accidents, as defined by the National Transit Database applying to injury accidents and
accidents with property damage in excess of one thousand dollars ($1,000). Service
Provider shall strive to maintain a rating of "exceptional" with regard to the appearance
and condition of vehicles, as determined by City inspection. Service Provider shall strive
to maintain a maximum number of miles between roadcalls.
3. Personnel
Regularly assigned Managers, Customer Service staff, Operators and trained backup
staff of Service Provider must be available and on time daily to ensure consistent and
reliable service.
All Service Provider personnel are responsible for knowledge of service. Service
Provider personnel must maintain a courteous attitude, answering to the best of their
ability, any questions from the public regarding provisions of service. Service Provider
personnel must also report all passenger complaints and/or operation problems to
Service Provider's General Manager or designated Manager in charge.
All paperwork, data collection, reporting, and analysis shall conform to industry
accepted standards or requirements of agencies requesting such data. Service
Provider's General Manager or designee shall personally review and approve all
documents submitted to City.
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4. Service Measures - General
Measure Standard Liquidated Damages
Service will commence on $20,000 every calendar day
Service Start-up July 1, 2014 service is delayed due to the
Service Provider
Service will be provided at all $20,000 every calendar day
Service Failure times during the term of this service is not provided due to the
Agreement, except where Service Provider
noted
Driver Driver in City-approved $100 per occurrence when not in
Appearance uniform approved uniform
$50,000 if General Manager is
Replacement of Replacement of the assigned replaced, without prior consent of
General Manager General Manager the City for any reason other than
cause
Replacement of $5,000 if manager is replaced
Key Replacement of a required without 30-day prior notice for
Management manager any reason other than cause
Preventable $500 per incident in excess of
Accidents 1 per 50,000 revenue miles standard as measured every
quarter
Satisfactory CHP Vehicle and $5,000 for each leased vehicle
Safety Terminal Inspection of which fails inspection. $20,000
Service Provider provided for failed Terminal Inspection
vehicles and facility
The incidence of City-verified Should verifiable service
service complaints will be no complaints defined as violation of
Complaints greater than five (5) per Agreement requirements, exceed
calendar month five per month, $200 per incident
in excess of five per month
All accidents/injuries shall be
Accidentlln'u reported to City Project
Manager or designee within $500 for each incident not
Notification 15 minutes or as soon as reported appropriately
.practical
All incident reports will be $1,000 for each incident not
Incident Filing filed within 24 hours (4 hours reported appropriately
for accidents involving injury)
All damage to City and
Unreported Moorpark owned vehicles will $200 for each incident of damage
Vehicle Damage be reported promptly and not reported appropriately
noted on DVI
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Contract No. 10470-2014 14 3
5. Service Measures — Bus Service
Measure Standard Liquidated Damages
$100 per month per percentage point,
On-time One minute early, five for each percentage point below
Performance minutes late standard as reported by Nextbus in
any calendar month
Missed Trips 50% or more of the route $1,000 per occurrence
run not completed
Cleaning of Interior shall be detailed at $200 per occurrence
Buses least once per week
Calling Out Driver must call out bus $200 per occurrence
Stops stops upon approach
Destination Drivers must display the
Signs correct destination $200 per occurrence
information
6. Service Measures - DARJADA
Measure Standard Liquidated Damages
On-time performance
failing to meet standard of $500 for each percentage or portion
Performance 15 minutes for reserved thereof in excess of 3% of rides in any
rides, 30 minutes for given month
demand rides
More than 59 minutes late $75 per occurrence for every
Denied Trip occurrence in excess of 0.2% of all
or failure to pick up rides provided in any given month
Wait times exceeding $500 per minute for wait times in
Wait Times average of 15 minutes for excess of standard in any given month
all rides 'provided
All vehicles in revenue $1,000 per occurrence for any vehicle
Vehicle service must be equipped with known ramp or lift failure placed
Accessibility with an operable lift or in service
ramp
Failing to meet phone $1,000 per month for each failure to
Phone Response answering and on-hold meet each performance measure
standards described in Exhibit "A" of Agreement
Average per vehicle miles $1.00 per mile, per vehicle, for each
Vehicle Mileage of City-owned vehicles mile or fraction thereof where the
exceeds leased vehicles average monthly vehicle miles for City
vehicles exceeds leased vehicles
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EXHIBIT E
NON-COLLUSION AFFIDAVIT FORM
TRANSIT OPERATIONS SERVICES
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
I,_ Amy Barry , hereby declare as follows:
I am Senior Vice President of MV Transportation, Inc. the party
making the foregoing proposal that the proposal is not made in the interest of, or on
behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the proposal is genuine and not collusive or sham: that the proposer
has not directly or indirectly induced or solicited any other proposer to put in a false or
sham proposal, and has not directly or indirectly colluded, conspired, connived, or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall
refrain from proposing; that the proposer has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the proposal
price of the proposer or any other proposer, or to fix any overhead, profit, or cost
element of the proposal price, or of that of any other proposer, or to secure any
advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further,
that the proposer has not, directly or indirectly, submitted his or her proposal price or
any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, proposal depository, or to any member or agent thereof to
effectuate a collusive or sham proposal.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and rect
Proposer Signature
By Name Amy Bary
Title Senior Vice President
Organization MV Transportation, Inc.
Address 5910 N. Central Expressway, Ste. 1145, Dallas, TX 75206 _
Date Signed March 21, 2014
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145
LABOR OR SERVICES
PROPOSAL / SCHEDULE FORM
TRANSIT OPERATIONS SERVICES
To: City of Thousand Oaks
Municipal Service Center
/993 Rancho Conejo Blvd.
Thousand Oaks, CA 91320
From: MV Transportation, Inc.
Name of Proposer
5910 N. Central Expressway, Ste. 1145
Mailing Address
Dallas, TX 75206
City, State & Zip
CQNTRACTOR',S PROPOSAL,
The undersigned Proposer agrees that he will contract with the City of Thousand Oaks to
provide all necessary labor, supervision, machinery, tools, apparatus and other means to
do all the work and furnish all the materials specified in the contract in the manner and
time therein prescribed,and that he will take in full payment the amount set forth hereon.
Proposal for Transit Operations Services, in its entirety, all Addenda, and the following
documents by this reference are hereby made a part of this contract:
• Notice of Request For Proposals
▪ Scope of Work
• Instructions To Proposer
• Terms and Conditions
• Additional Terms and Conditions
• Addenda
• All Schedule Forms Proposer is seeking contract for (A, B, C)
• Non-Collusion Affidavit
• Proposers Guaranty
• Proposers Statement Regarding insurance Coverage
• Workers Compensation Insurance Certificate
• Sub-Consultants and/or Sub-Contractors List
Proposer acknowledges receipt of Addenda Number(s) _ 1 , 2 , 3 , and 4 .
L 59
Contract No. 10470-2014 14 6
FTA CERTIFICATION REGARDING DEBARMENT
TRANSIT OPERATIONS SERVICES
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
For Contracts and Subcontracts in Excess of$100,000 Instruction for Certification:
1. By signing and submitting its bid or proposal, the prospective lower tier
participant is providing the signed certification set out below.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into; If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the City may pursue available remedies, including suspension
and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to
the City if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," lower
tier covered transaction," "participant," "persons," "principal," "proposal," and
"voluntary excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order
12549 [49 C.F.R. Part 291 You may contact the City for assistance in obtaining
a copy of those regulations.
5. The prospective lower tier participant agrees by submitting its bid or proposal
that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by the City.
6. The prospective lower tier participant further agrees by submitting its bid or
• proposal that it will include the clause, set out below, titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transaction,"without modification, in all lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntary excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals.
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Contract No. 10470-2014
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Each participant may, but is not required to, check the Non-procurement List
issued by U.S- General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment
of system of records in order to render in good faith the certification required by
this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction,In addition to all remedies
available to the Federal Government, the City and the other named procuring
agencies may pursue available remedies including suspension and/or
debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier covered Transaction"
1. The prospective lower tier participant certifies, by submission of its bid or
proposal, that neither it nor it's"principals"[as defined at 49 C.F.R. §29.105(p) is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal
department or agency.
2. When the prospective tower tier participant is unable to certify to the statement
in this certification, such prospective participant shall attach an explanation to its
bid or proposal.
Signatures ••ser's Authorized Official
Amy Barry, Senior Vice President
Name and Title of the Proposer's Authorized Official
MV Transportation, Inc.
Company Name
March 21, 2014
Date
65
Contract No. 10470-2014 14 8
•
FTA CERTIFICATION OF RESTRICTIONS ON LOBBYING
TRANSIT OPERICES
TO BE EXECUTEDATBYONS PROPOSERSERVIAND
SUBMITTED WITH PROPOSAL
1, Amy Barry , hereby certify on behalf of
MV Transportation, Inc. (Company Name)that:
1. No Federal or State appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any State or Federal agency, a Member of the State Legislature or the
United States Congress, an officer or employee of the Legislature or Congress, or an
employee of a Member of the Legislature or the Congress, in connection with the
awarding of any State of Federal contract, the making of any State or Federal grant, the
making of any State or Federal loan, the entering into of any State or Federal
cooperative agreement and the extension, continuation, renewal, amendment or
modification of any State or Federal contract,grant, loan,or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, or an officer or employee of Congress, in connection
with this contract, grant, loan or cooperative agreement, which is funded in whole or in
part by Federal funds, the undersigned shall complete and submit Standard Form LLL,
-Disclosure Form to Report Lobbying;Approved pursuant to 31 U.S.C. 1352 0348-0046.
in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for any subcontractor at any tier performing work under this Federal-
Ald funded Contract and that all subcontractors of any tier shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance is
placed when this transaction was made or entered Into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by § 13 52, Title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than$10,000 and not more than $100,000 for each such failure.
Exe• ed 's 21 day of March ,2014.
Rrrt —
Signa P •' toposer's Authorized Official
• Amy Barry, Senior Vice President
Name and Title of the Proposer's Authorized Official
MV Transportation, Inc.
Company Name
March 21, 2014
Date
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BUY AMERICA CERTIFICATION
TRANSIT OPERATIONS SERVICES
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
Rolling Stock
Note: Complete either Alternative A or B
ALTERNATIVE A
CERTIFICATE OF COMPLIANCE WITH 49 U.S.C. 65323(1)(2)(C)
[Former Section 165(b)(3))
The Proposer hereby certifies that it will comply with the requirements of 49 U.S.C.
§53 ')( (C)an. applicable regulations in 49 C.F.R. § 661.11.
4110 Sign-+. 40- Proposer's Authorized Official
Amy Bary, Senior Vice President
Name and Title of the Proposer's Authorized Official
MV Transportation, Inc.
Company Name
March 21, 2014
Date
ALTERNATIVE B
CERTIFICATE OF NON-COMPLIANCE WITH 49 U.S.C. §5323(i)( )jet
[Former Section 165(b)(3)]
The Proposer hereby certifies that it will not comply with the re. • ements of 49 U.S.C.
§5323(j)(2)(C), but it may qualify for an exception pursu: • 49 U.S.C. §5323(j)(2)(B),
or (D) and regulations in 49 C.F.R. §661.7.
Signature of the Proposer's Authorized P lal
Name and Title of the Pr. • . _ 's Authorized Official
Company e
"Date
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Contract No. 10470-2014 150
BUY AMERICA LAW
49 U.S.C.§5323(J)
BUY AMERICA STIPULATIONS:
11) The Secretary of Transportation may obligate an amount that may be appropriated
to carry out this chapter for a project only if steel, iron, and manufactured goods used in
the project are produced in the United States."
12) The Secretary of Transportation may waive paragraph (I) of this subsection if the
Secretary finds that—
(A) Applying paragraph (1)would be inconsistent with the public interest;
(B) The steel, Iron, and goods produced in the United States are not produced in
sufficient and reasonably available amount or are not of a satisfactory quality;
(C) When procuring rolling stock (Including train control, communication and
traction power equipment) under this chapter—
(i) The cost of components and subcomponents produced in the United
States is more than 50 percent of the cost of all components of the rolling
stock; and
(ii) Final assembly of the rolling stock has occurred in the United States;or
(D) Including domestic material will increase the cost of the overall project by
more than 25 percent?
13) In this subsection, labor costs involved in the final assembly are not included in
calculating the cost of components"
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FEDERAL MOTOR=VEHICLE SAFETY-STANDARDS
. TRANSIT OPERATIONS SERVICES
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
I
The Proposer hereby certifies that the following statement is true and correct (select
one option):
X The vehicle(s) to be supplied is in compliance with the Federal Motor Vehicle
Safety Standards issued by the National Highway Traffic Safety Administration in
49 C.F.R. Part 571.
fl The vehicle(s) to be supplied is not subject to the Federal Motor Vehicle Safety
Standards issued by the National Highway Traffic Safety Administration in 49
C.F.R. Part 571.
❑ The vehicle(s) to be supplied is subject to the Federal Motor Vehicle Safety
Standards issued by the'National Highway Traffic Safety Administration in 49
C.F.R. Part 571 but no FMVSS certification is available at this time because the
vehicle is a new model (Federal Register Vol. 56, No. 185, page 48391,
September 27{1991).
Signal oser's Authorized Official
r(kPrkzpo
Amy Barry, Senior Vice President
Name and Title of the Proposer's Authorized Official
MV Transportation, Inc.
Company Name
March 21, 2014
Date
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Contract No. 10470-2014 15 2
DBE APPROVAL CERTIFICATION
TRANSIT OPERATIONS SERVICES
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
I hereby certify that the Proposer has complied with the requirements of 49 C.F.R. Part
26, Participation by Disadvantaged Business Enterprises in DOT Programs by
Admictietratieet t
Signa f he Proposer's Authorized Official
Amy Barry, Senior Vice President
Name and Title of the Proposer's Authorized Official
MV Transportation, Inc.
Company Name
March 21, 2014
Date
"As a private contractor, MV Transportation. Inc. does not receive federal funds directly from
the FTA. As such, MV neither submits nor is required to submit DBE plans to the FTA. MV
fulfills DBE requirements on behalf of its customers' DBE obligations when those goals are
set forth within its contracts.
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•
INTEREST AND GRATUITIES FORM
TRANSIT OPERATIONS SERVICES
TO BE EXECUTED BY PROPOSER AND
SUBMITTED WITH PROPOSAL
Proposer by its signature below, certifies that except as disclosed below, Proposer, its
officers, employees and their immediate families have not offered or given a gratuity in
any form including, without limitations, entertainment, favors, loans, gifts or anything of
greater than nominal value for any reason including personal, non-business related
reasons to any officer or employee or their immediate families within the preceding
twelve (12) months. For the purpose of this section, nominal value means anything: (1)
having an aggregate value of $35.00 (thirty-five dollars), or less per year; or (2), any
perishable item (flowers or food) of any value, except that prepared meals are subject to
the $35.00 limit. A campaign contribution is not a gratuity and is not the subject of this
Certification.
Proposer further certifies that except as disclosed below, Proposer, its officers,
employees and their immediate families presently have no interest nor within the
preceding twelve (12) months had any interest including, without limitation, any
business or personal relationship that would appear to conflict with the performance of
services required to be performed under this Contract. Interests and relationships that
may reasonably be viewed as creating a potential or actual conflict of interest shall be
disclosed.
Signature of . ', •r, 's Authorized Official
Amy Barry. Senior Vice President
Name and Title of the Proposer's Authorized Official
MV Transportation, Inc.
Company Name
March 21,2014
Date
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Contract No. 10470-2014 154
EXHIBIT F
FEDERAL TRANSIT ADMINISTRATION
REQUIREMENTS
1. FEDERAL CHANGES
Service Provider shall at all times comply with all applicable Federal Transit
Administration (FTA) regulations, policies, procedures and directives, including without
limitation those listed directly or by reference in the grant agreements between the City
of Thousand Oaks (City) and FTA, as they may be amended or promulgated from time •
to time during the term of this Agreement. Failure by Service Provider to so comply shall
constitute a material breach of this Agreement. In the event any such changes
significantly affect the cost or the schedule to perform the work, Service Provider shall
be entitled to submit a claim for an equitable adjustment under the applicable provisions
of this Agreement.
2. NO GOVERNMENT OBLIGATIONS TO THIRD PARTIES
City and Service Provider acknowledge and agree that, notwithstanding any
occurrence by the Federal Government in or approval of this solicitation or award of this
Agreement, absent the express written consent by the Federal Government, the Federal
Government is not a party to this Agreement and shall not be subject to any obligations
or liabilities to City, the Service Provider, or any other party (whether or not a party to
this Agreement) pertaining to any matter resulting from this Agreement.
Service Provider agrees to include the above clause in each Service Provider
financed in whole or part with Federal assistance provided by FTA. It is further agreed
that the clause shall not be modified, except to identify the Service Provider who will be
subject to its provisions.
3. DISADVANTAGED BUSINESS PARTICIPATION
The Ventura County Transportation Commission (VCTC) has established a DBE
Program pursuant to 49 C.F.R. Part 26, which applies to this Agreement. The
requirements and procedures of VCTC's DBE Program are hereby incorporated by
reference into this Agreement. Failure by any party to this Agreement to carry out
VCTC's DBE Program procedures and requirements or applicable requirements of 49
C.F.R. Part 26 shall be considered a material breach of this Agreement, and may be
grounds for termination of this Agreement, or such other appropriate administrative
remedy. Each party to this Agreement shall ensure that compliance with VCTC's DBE
Program shall be included in any and all sub-agreements entered into which arise out of
or are related to this Agreement.
Service Provider's failure to make good faith efforts to comply with VCTC's DBE
Program shall be considered a material breach of this Agreement and may give rise to
certain administrative penalties and proceedings, including, but not limited to, those set
forth in 49 C.F.R. Part 26.107.
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No later than thirty (30) working days after receiving payment of retention from
City for work satisfactorily performed by any of its Service Providers for services
rendered arising out of or related to this Agreement. Service Provider shall make full
payment to its Service Providers of all compensation due and owing under the relevant
Service Provider agreement, unless excused by City for good cause pursuant to
provisions of Section 1.1 below.
1.1 Good Cause. Service Provider may only delay or postpone any payment
obligation (or retention) to any of its Service Providers for services rendered arising out
of or related to this Agreement where, in City's sole estimation, good cause exists for
such a delay or postponement. All such determinations on City's part that good cause
exists for the delay or postponement of Service Provider's payment obligation to its
Service Provider must be made prior to the time when payment to the Service Provider
would have been otherwise due by Service Provider.
4. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
During the performance of this Agreement, the Service Provider, for itself, its
assignees and successors in interest, and Service Provider agree as follows:
A. COMPLIANCE WITH REGULATIONS:
Service Provider shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of
Transportation (DOT) Title 49, Code of Federal Regulations, Part 21, as they
may be amended from time to time, (Regulations), which are herein incorporated
by reference and made a part of this Agreement.
B. NONDISCRIMINATION
In accordance with Title VI of the Civil Rights act, as amended, 42 U.S.C.
200d section 3 03 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.
12132, and Federal Transit laws at 49 U.S.C. 5332, Service Provider agrees that
it will not discriminate against any employee or applicant for employment
because of race, color, creed, national origin, sex, age, or disability. In addition,
Service Provider agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.
C. EQUAL EMPLOYMENT OPPORTUNITY
The following equal employment opportunity requirements apply to this
Agreement:
1. Race, Color, Creed, National Origin, Sex — In accordance with
title VII of the Civil Rights Act, as amended, 42 U.S.C. 5332,
Service Provider agrees to comply with all applicable equal
employment opportunity requirements of the U.S. Department of
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Labor (USDOL) regulations, "Office of Federal Agreement
Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 CFR Parts 60 et seq., (which implement
Executive Order No. 11246 Relating to Equal Employment
Opportunity," as amended by Executive Order No. 11375,
"Amending Executive Order No. 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. 2000e note), and with any
applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities
undertaken in the course of the project for which this Agreement
work is being performed. Service Provider agrees to take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their
race, color, creed, national origin, sex, or age. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment of recruitment advertising, layoff
or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, Service
Provider agrees to comply with any implementing requirements
FTA may issue.
2. Age — In accordance with section 4 of the Age discrimination in
Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal
Transit laws at 49 U.S.C. 5332, Service Provider agrees to refrain
from discrimination against present and prospective employees for
reasons of age. In addition, Service Provider agrees to comply with
any implementing requirements FTA may issue.
3. Disabilities — In accordance with Section 102 of the Americans
with Disabilities Act of 1990, as amended, 42 U.S.C. 12112,
Service Provider agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, Regulations to
Implement the Equal Employment Provisions of the Americans with
Disabilities Act," 29 CFR Part 1630, pertaining to employment of
persons with disabilities. In addition, Service Provider agrees to
comply with any implementing requirements FTA may issue.
4. Immigration and Naturalization Act of 1986 — In connection with
the execution of this Agreement, Service Provider must comply with
all aspects of the federal Immigration and Naturalization Act of
1986.
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D. SOLICITATIONS FOR SERVICE PROVIDER, INCLUDING
PROCUREMENT OF MATERIALS AND EQUIPMENT:
In all solicitations either by competitive bidding or negotiation made by
Service Provider for work to be performed under a Service Provider, including
procurement of materials or leases of equipment, each potential Service Provider
supplier shall be notified by Service Provider of the Service Provider's obligations
under this Agreement and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
E. INFORMATION AND REPORTS:
Service Provider shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information and its facilities as may
be determined by City or the FTA to be pertinent to ascertain compliance with
such Regulations, orders and instructions. Where any information required of a
Service Provider is in the exclusive possession of another who fails or refuses to
furnish this information, Service Provider shall so certify to City or the FTA as
appropriate, and shall set forth what efforts it has made to obtain the information.
F. SANCTIONS FOR NONCOMPLIANCE:
In the event of the Service Provider's noncompliance with
nondiscrimination provisions of this Agreement, City shall impose Agreement
sanctions as it or the FTA may determine to be appropriate, including, but not
limited to:
1. Withholding of payments to Service Provider under the Agreement
until Service Provider complies; and/or
2. Cancellation, termination, or suspension of the Agreement, in whole
or in part.
G. INCORPORATION OF PROVISIONS:
Service Provider shall take such action with respect to any Service
Provider or procurement as City or the FTA may direct as a means of enforcing
such provisions including sanctions for noncompliance: provided, however, that,
in the event a Service Provider becomes involved in, or is threatened with,
litigation with a Service Provider or supplier as a result of such direction, Service
Provider may request City, and in addition, Service Provider may request the
United States to enter into such litigation to protect the interests of the United
States.
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H. SUBAGREEMENTS
Service Provider also agrees to include these requirements in each
Service Provider financed in whole or in part with Federal assistance provided by
FTA, modified only if necessary to identify the affected parties.
5. ACCESS TO RECORDS AND REPORTS
Service Provider agrees to provide City, the FTA Administrator, the Comptroller
General of the United States or of any of their authorized representatives access to any
books, documents, papers and records of Service Provider which are directly pertinent
to this Agreement for the purposes of making and conducting audits, inspections,
examinations, excerpts, and transcriptions.
Service Provider also agrees, pursuant to 49 CFR 633.1.7, to provide the FTA
Administrator or his or her authorized representatives, including any Project
Management Oversight (PMO) Service Provider, access to the Service Provider's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs
described in 49 U.S.C. 5307, 5309 or 5311. Service Provider agrees to permit any of
the foregoing parties to reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed.
Service Provider agrees to maintain all books, records, accounts and reports
required under this Agreement for a period of not less than three years after the date of
termination or expiration of this Agreement, except in the event of litigation or settlement
of claims arising from the performance of this Agreement, in which case Service
Provider agrees to maintain such books, records, account and reports until City, the
FTA Administrator, the Comptroller general, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions
related thereto.
6. TERMINATION
A. Termination for Convenience - City, by written notice, may terminate this
Agreement, in whole or in part, when it is in the Government's interest. If
this Agreement is terminated, the Recipient shall be liable only for
payment under the payment provisions of this Agreement for services
rendered before the effective date of termination.
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B. Termination for Default [Breach or Cause] - If Service Provider does
not deliver supplies in accordance with the Agreement delivery schedule,
or, if the Agreement is for services, Service Provider fails to perform in the
manner called for in the Agreement, or if Service Provider fails to comply
with any other provisions of the Agreement, the City may terminate this
Agreement for default. Termination shall be effected by serving a notice of
termination on Service Provider setting forth the manner in which Service
Provider is in default. Service Provider will only be paid the Agreement
price for supplies delivered and accepted, or services performed in
accordance with the manner of performance set forth in the Agreement.
C. If it is later determined by the City that Service Provider had an excusable
reason for not performing, such as a strike, fire, or flood, events which are
not the fault of or are beyond the control of the Service Provider, the City,
after setting up a new delivery of performance schedule, may allow
Service Provider to continue work, or treat the termination as a termination
for convenience.
D. Opportunity to Cure (General Provision) — City, in its sole discretion
may, in the case of a termination for breach or default, allow Service
Provider[an appropriately short period of time] in which to cure the defect.
In such case, the notice of termination will state the time period in which
cure is permitted and other appropriate conditions.
E. If Service Provider fails to remedy to City's satisfaction the breach or
default or any of the terms, covenants, or conditions of this Agreement
within ten (10) days after receipt by Service Provider or written notice from
City setting forth the nature of said breach or default, City shall have the
right to terminate the Agreement without any further obligation to Service
Provider. Any such termination for default shall not in any way operate to
preclude City from also pursuing all available remedies against Service
Provider and its sureties for said breach or default.
F. Waiver of Remedies for any Breach - In the event that City elects to
waive its remedies for any breach by Service Provider of any covenant,
term or condition of this Agreement, such waiver by City shall not limit
City's remedies for any succeeding breach of that or of any other term,
covenant, or condition of this Agreement.
7. SERVICE PROVIDER CERTIFICATE REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY OR VOLUNTARY EXCLUSION
A. Service Provider shall include in each subcontract exceeding $100,000,
regardless of tier, a clause requiring each lower tiered subcontractor to
provide the certification set forth in paragraph B of this section. Each
subcontract, regardless of tier, shall contain a provision that the Service
Provider shall not knowingly enter into any lower tier subcontract
exceeding $100,000 with a person who is disbarred, suspended or
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declared ineligible from obtaining federal assistance funds. If a proposed
subcontractor is unable to certify to the statements in the following
certification, Service Provider shall promptly notify City and provide all
applicable documentation.
B. Each subcontractor with a subcontract exceeding $100,000 shall certify as
follows:
Service Provider's Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
1. ("Service Provider)
certifies, by submission of its proposal to
("Service
Provider"), that neither it nor its "principals" (as defined in 49 CFR
29.105(p)1 is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in
Agreements by any Federal department or agency.
2. If subcontractor is unable to certify to the statements in the
certification, subcontractor has attached a written explanation to its
proposal to the Service Provider.
8. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND
RELATED ACTS
Service Provider acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. And U.S. Department of
Transportation (DOT) regulations, "Program Fraud Civil Remedies," 49 CFR Part 31,
apply to its actions pertaining to this Agreement. Upon execution of this Agreement,
Service Provider certifies or affirms the truthfulness and accuracy of any statement it
has made, it makes, it may make, or causes to be made, pertaining to this Agreement
or the FTA assisted project for which this Agreement work is being performed. In
addition to other penalties that may be applicable, Service Provider further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program fraud Civil Remedies Act of 1986 on
Service Provider to the extent the Federal Government deems appropriate.
Service Provider also acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a Agreement connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.
5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and
49 U.S.C. 5307(n)(1) on the Service Provider, to the extent the Federal Government
deems appropriate.
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Service Provider agrees to include the above two clauses in each Service
Provider financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified, except to identify the Service
Provider who will be subject to the provisions.
9. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions in this Section (FTA Requirements) include, in part, certain
Standard Terms and Conditions required by the U.S. Department of Transportation
(DOT), whether or not expressly set forth in the preceding provisions. All Agreement
provisions required by DOT, as set forth in FTA Circular 4220.1 F, dated November 1,
2008, as it may be amended on occasion, are hereby incorporated in this Agreement
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in
this Agreement. Service Provider shall not perform any act, fail to perform any act or
refuse to comply with any requests of the City which would cause the City to be in
violation of the FTA terms and conditions.
10. LOBBYING
Service Providers who apply or bid for an award of $100,000 or more shall file
the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal
Agreement, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also
disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has
made lobbying contacts on its behalf with non-Federal funds with respect to that Federal
Agreement, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded
from tier to tier up to the recipient.
11. ENVIRONMENTAL REQUIREMENTS
Service Provider agrees to comply with all applicable standards, orders or requirements
as follows:
A. CLEAN AIR
Service Provider shall comply with all air pollution control rules, regulations,
ordinances and statutes which apply to any work performed pursuant to the
Agreement, including any air pollution control rules, regulations, ordinances and
statutes, specified in Section 1 1017 of the California Government Code. All
Service Providers and suppliers shall be required to submit evidence, if
requested, to City that the governing air pollution control criteria will be met.
Service Provider also agrees to include these requirements in each Agreement
exceeding $100,000 under this Agreement.
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B. CLEAN WATER
Service Provider agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seg. Service Provider agrees to report each
violation to CITY. CITY will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
Service Provider also agrees to include these requirements in each Service
Provider exceeding $100,000 under this Agreement.
C. ENERGY CONSERVATION
Service Provider shall recognize mandatory standards and policies relating to
energy efficiency which are contained in the State Energy Conservation Plan
issued in compliance with the Federal Energy Policy and Conservation Act (42
U.S.C., Section 6321 et seq.).
12. RECYCLED PRODUCTS
Service Provider agrees to comply with all the requirements of Section 6002 of
the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. 6962,
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive
Order 12873, as the apply to the procurement of the items designated in Subpart B of
40 CFR Part 247.
13. BREACHES AND DISPUTE RESOLUTION PROCEDURE
A. Disputes - Disputes arising in the performance of this Agreement which are
not resolved by agreement of the parties shall be decided in writing by the
authorized representative of City. This decision shall be final and conclusive
unless within ten (10) days from the date of receipt of its copy, Service
Provider mails or otherwise furnishes a written appeal to the City. In
connection with any such appeal, Service Provider shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The
decision of the City shall be binding upon Service Provider and Service
Provider shall abide be the decision.
B. Performance During Dispute - Unless otherwise directed by City, Service
Provider shall continue performance under this Agreement while matters in
dispute are being resolved.
C. Claims for Damages - Should either party to the Agreement suffer injury or
damage to person or property because of any act or omission of the party or
of any of his employees, agents or others for whose acts he is legally liable, a
claim for damages therefor shall be made in writing to such other party within
a reasonable time after the first observance of such injury of damage.
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D. Remedies - Unless this Agreement provides otherwise, all claims,
counterclaims, disputes and other matters in question between the City and
Service Provider arising out of or relating to this agreement or its breach will
be decided by arbitration if the parties mutually agree, or in a court of
competent jurisdiction within the State of California.
E. Rights and Remedies - The duties and obligations imposed by Agreement
Documents and the rights and remedies available thereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by the City,
Service Provider shall constitute a waiver of any right or duty afforded any of
them under the Agreement, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except
as may be specifically agreed in writing.
14. FLY AMERICA
Service Provider agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act)
in accordance with the General Services Administration's regulations at 41 CFR Part
301-10, which provide that recipients and subrecipients of federal funds and their
Service Providers are required to use U.S. flag air carriers for U.S Government-financed
international air travel and transportation of their personal effects or property, to the
extent such service is available, unless travel by foreign air carrier is a matter of
necessity, as defined by the Fly America Act. Service Provider shall submit, if a foreign
air carrier was used, an appropriate certification or memorandum adequately explaining
why service by a U.S. flag air carrier was not available or why it was necessary to use a
foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. Service Provider agrees to include the requirements of this
section in all Service Providers that may involve international air transportation.
15. CARGO PREFERENCE
Service Provider agrees:
A. To use privately owned United States flag commercial vessels to ship at least
50 percent of the gross tonnage (computed separately for dry bulk carriers,
dry cargo liners, and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to the underlying Agreement to the extent
such vessels are available at fair and reasonable rates for United States flag
commercial vessels;
B. To furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the
date of leading for shipments originating outside the United States, a legible
copy of a rated, "on-board"commercial ocean bill-of-lading in English for each
shipment of cargo described in the preceding paragraph to the Division of
National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590 and to the FTA recipient (through Service Provider in
the case of a Service Provider's bill-of-lading.)
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C. To include these requirements in all Service Providers issued pursuant to this
Agreement when the Service Provider may involve the transport of
equipment, material, or commodities by ocean vessel.
16. AGREEMENT WORK HOURS AND SAFETY STANDARDS ACT
A. OVERTIME REQUIREMENTS
No Service Provider or Service Provider contracting for any part of the
Agreement work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
B. VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED
DAMAGES
In the event of any violation of the clause set forth in paragraph (1) of this
section Service Provider and any Service Provider responsible therefore shall be
liable for the unpaid wages. In addition, such Service Provider and Service
Provider shall be liable to the United States for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen, and guards, employed in violation of the clause
set forth in paragraph (1) of this section, in the sum of$10 for each calendar day
on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (1) of this section.
C. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES
City shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by Service Provider or
Service Provider under any such Agreement or any other federal Agreement with
the same prime Service Provider, or any other federally-assisted Agreement
subject to the Agreement work hours and safety standards act, which is held by
the same prime Service Provider, such sums as may be determined to be
necessary to satisfy any liabilities of such Service Provider or Service Provider
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
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D. SUBAGREEMENTS
Service Provider or Service Provider shall insert in any Agreements the
clauses set forth in this section and also a clause requiring the Service Provider
to include these clauses in any lower tier Agreements. Prime Service Provider
shall be responsible for compliance by any lower tier Agreements. The prime
Service Provider shall be responsible for compliance by any Service Provider or
lower tier Service Provider with the clauses set forth in this section.
E. PAYROLLS AND BASIC RECORDS
Payrolls and basic records relating thereto shall be maintained by Service
Provider during the course of the work and preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under
the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions thereof
of the types described in section 1(2)(B) of the Davis-Bacon Act), daily and
weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan program described in section
1(b)(2)(B) of the Davis-Bacon Act, Service Provider shall maintain records which
show that the commitment to provide such benefits is enforceable, that the plan
program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Service Providers employing apprentices or
trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
Document prepared by Ventura County Transportation Commission
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EXHIBIT "E"
FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS
(EXCERPT AS OF MAY 2010)
1. Medical/DruulAlcohol Testing
CITY shall require pre-employment medical examinations, including drug testing,
for all prospective drivers and other safety sensitive employees of CITY. In
addition, for any prospective employee who held prior safety-sensitive positions
for another United States Department of Transportation (USDOT)-funded
employer, CITY shall, after obtaining the required permission, check with those
previous employers for any prior positive test results. Additionally, CITY must
have an anti-drug program established for employees under the Congressionally
Mandated Drug-Free Workplace Act.
CITY shall comply with the Congressionally Mandated Drug-Free Workplace Act
of 1988, the Omnibus Transportation Employee Testing Act of 1991, and 49
Code of Federal Regulations (CFR) Parts 653 and 654, superseded by Part 655
in 2002, regarding Drug and Alcohol Testing, and the FTA Drug and Alcohol
testing requirements. The required testing includes pre-employment testing,
testing after an accident, testing when there is reasonable suspicion, random
testing, and testing before returning to duty to perform sensitive safety functions
after a positive drug test.
2. Audit and Inspection
CITY shall permit the authorized representatives of Agencies, the Ventura
County Transportation Commission (VCTC), the USDOT and the Controller
General of the United States to inspect and audit all data and records of CITY
relating to its performance under this Agreement.
CITY also shall maintain all required records relating to this project for at least
three (3) years after Agencies makes final payment and all other pending matters
are closed.
3. Clean Water
CITY agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 United
States Code (USC) Sections 1251 et seq. CITY agrees to report each violation
to Agencies and understands and agrees that Agencies shall, in turn, report each
violation as required to assure notification to FTA and the appropriate
Environmental Protection Agency (EPA) Regional Office. ' CITY also agrees to
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include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance by FTA if the subcontract includes
services for Agencies.
4. Equal Employment Opportunity
In connection with the execution of this Agreement, CITY shall not discriminate
against any employee or applicant for employment because of age, religion,
color, sex, sexual orientation, national origin, marital status, or any disability not
limiting the ability of the person to perform the job contemplated. CITY shall take
affirmative action to ensure that applicants are employed, and that employees
are treated during their employment, without regard to their age, race, religion,
color, sex, sexual orientation, national origin, marital status, or any disability not
limiting the ability of the person to perform the job contemplated. Such actions
shall include, but not be limited to the following: Employment, up-grading,
demotion, or transfer; recruitment, or recruitment advertising; layoff, or
termination; rates of pay, or other forms of compensation; and selection for
training, including apprenticeship. Such shall be in compliance with Executive
Order 11246 amended by Executive Order 11375 and amended by Executive
Order 11478 and as supplemented in United States Department of Labor
(USDOL) regulations 41 CFR Part 60.
In connection with the execution of this Agreement, CITY shall comply with all
aspects of the Federal Immigration and Naturalization Act of 1986.
5. Conservation
CITY shall recognize mandatory standards and policies relating to energy
efficiency that are contained in the State energy conservation plan issued in
compliance with the Federal Energy Policy and Conservation Act 42 USC,
Sections 6321 et seq.
6. Clean Air
CITY agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act, as amended, 42 USC Sections 7401 et seq.
CITY agrees to report each violation to Agencies and understands and agrees
that Agencies shall, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office. CITY also agrees
to include these requirements in each subcontract exceeding $100,000 financed
in whole or in part with Federal assistance by FTA if the subcontract includes
services for Agencies.
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7. Title VI of the Civil Rights Act of 1964
During the performance of this Agreement, CITY, for itself, its assignees and
successors in interest agrees as follows:
A. Compliance with Regulations: CITY shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the USDOT 49
CFR, Part 21, as they may be amended from time to time, (Regulations),
which are herein incorporated by reference and made a part of this
Agreement.
B. Nondiscrimination: CITY, with regard to the work performed by it during
the Agreement, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment CITY shall not participate
either directly or indirectly in the discrimination prohibited by Part 21.5 of the
Regulations, including employment practices when the contract covers a
program set forth in the Regulations. The proposal should include a
statement by CITY certifying its compliance with the Regulations.
C. Solicitations for Subcontractors, Including Procurement of Materials
and Equipment: In all solicitations either by competitive bidding or
negotiation made by CITY for work to be performed under a subcontract,
including procurement of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by CITY of CITY's obligations
under this Agreement and the Regulations relative to non-discrimination on
the grounds of race, color, or national origin.
D. Information and Reports: CITY shall provide all information and reports
required by the Regulations or directives issued pursuant thereto to the
representatives of the Agencies at the addresses set forth in Exhibit B to the
MOU in Exhibit A, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by
Agencies or the FTA to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a
Contractor is in the exclusive possession of another who fails or refuses to
furnish this information, CITY shall so certify to Agencies or the FTA as
appropriate, and shall set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance: In the event of CITY's noncompliance with
nondiscrimination provisions of this Agreement, Agencies shall impose
sanctions as it or the FTA may determine to be appropriate, including, but
not limited to:
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1. Withholding of payments to CITY under the Agreement until CITY
complies; and/or
2. Cancellation, termination, or suspension of the Agreement, in whole or in
part.
F. Incorporation of Provisions: CITY shall include the provisions of
paragraphs "A" through "E" in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto.
8. Contract Work Hours and Safety Standards Act (CWHSSA)
The CWHSSA, 40 USC Sections 327-333 applies to all agreements over
$100,000 that may require or involve laborers or mechanics. The CWHSSA
requires that laborers or mechanics cannot be required, or permitted, to work
more than forty (40) hours in any workweek unless paid overtime at not less than
one and one-half(1.5) times the basic rate of pay.
9. No Obligation by the Federal Government
Agencies and CITY acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or
award of the underlying Agreement, absent the express written consent by the
Federal Government, the Federal Government is not a party to this Agreement
and shall not be subject to any obligations or liabilities to Agencies, CITY, or any
other party (whether or not a party to that Agreement) pertaining to any matter
resulting from the underlying Agreement.
CITY agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be
subject to its provisions.
10. Program Fraud and False or Fraudulent Statements or Related Acts
CITY acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 USC Sections 3801 et seq. and USDOT regulations,
"Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining
to this Agreement. Upon execution of the underlying Agreement, CITY certifies
or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying Agreement or the
FTA assisted project for which this Agreement work is being performed. In
addition to other penalties that may be applicable, CITY further acknowledges
that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the
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right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on
CITY to the extent the Federal Government deems appropriate.
CITY also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole
or in part with Federal assistance originally awarded by FTA under the authority
of 49 USC Section 5307, the Federal Government reserves the right to impose
the penalties of 18 USC Section 1001 and 49 USC Section 5307(n)(1) on CITY,
to the extent the Federal Government deems appropriate.
CITY agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed
that the clauses shall not be modified, except to identify the subcontractor who
will be subject to the provisions.
11. Incorporation of FTA Terms
The provisions in Attachment 3 include, in part, certain Standard Terms and
Conditions required by the USDOT, whether or not expressly set forth in the
preceding provisions. All contractual provisions required by USDOT, as set forth
in FTA Circular 4220.1F, dated November 1, 2008, as it may be amended from
time to time, are hereby incorporated in this Agreement reference. Anything to
the contrary herein notwithstanding, all FTA mandated terms shall be deemed to
control in the event of a conflict with other provisions contained in this
Agreement. CITY shall not perform any act, fail to perform any act or refuse to
comply with any requests of Agencies which would cause Agencies to be in
violation of the FTA terms and conditions.
12. Contracts Involving Federal Privacy Act Requirements
The following requirements apply to CITY and its employees that administer any
system of records on behalf of the Federal Government under any contract:
(A) CITY agrees to comply with, and assures the compliance of its
employees with, the information restrictions and other applicable
requirements of the Privacy Act of 1974, 5 USC Section 552(a). Among
other things, CITY agrees to obtain the express consent of the Federal
Government before CITY or its employees operate a system of records
on behalf of the Federal Government. CITY understands that the
requirements of the Privacy Act, including the civil and criminal penalties
for violation of that Act, apply to those individuals involved, and that
failure to comply with the terms of the Privacy Act may result in
termination of the underlying Agreement.
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(B) CITY also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government
financed in whole or in part with Federal assistance provided by FTA.
(C) CITY agrees to comply with applicable transit employee protective
requirements as follows:
(1) General Transit Employee Protective Requirements - To the extent
that FTA determines that transit operations are involved, CITY
agrees to carry out the transit operations work on the underlying
contract in compliance with terms and conditions determined by the
U.S. Secretary of Labor to be fair and equitable to protect the
interests of employees employed under this Agreement and to
meet the employee protective requirements of 49 USC Section
5333(b), and USDOL guidelines at 29 CFR Part 215, and any
agreements thereto. These terms and conditions are identified in
the letter of certification from the USDOL to FTA applicable to the
FTA recipient's project from which Federal assistance is provided to
support work on the underlying contract. CITY agrees to carry out
that work in compliance with the conditions stated in that USDOL
letter. The requirements of this subsection, however, do not apply
to any contract financed with Federal assistance provided by FTA
either for projects for elderly individuals and individuals with
disabilities authorized by 49 USC Section 5310(a)(2), or for projects
for non-urbanized areas authorized by 49 USC Section 5311.
(D) CITY also agrees to include any applicable requirements in each
subcontract involving transit operations financed in whole or in part with
Federal assistance provided by FTA.
13. FEDERAL CHANGES
CITY shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by
reference in the grant agreements between the VCTC and FTA, as they may be
amended or promulgated from time to time during the term of this Agreement.
Failure by CITY to so comply shall constitute a material breach of this
Agreement. In the event any such changes significantly affect the cost or the
schedule to perform the work, CITY shall be entitled to submit a claim for an
equitable adjustment under the applicable provisions of this Agreement.
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Attachment 2
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Cityo City
EAST COUNTY TRANSIT ALLIANCE
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Attachment 3
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RESCINDING RESOLUTION
NO. 2005-2422, AND ESTABLISHING THE FARES FOR THE
MOORPARK CITY TRANSIT BUS FIXED ROUTES, SENIOR
DIAL-A-RIDE AND DISABLED PARATRANSIT SERVICES
WHEREAS, it is appropriate for the City to establish fees and charges for City
services which fully reimburse the City for the associated services, unless specified
otherwise by the City Council; and
WHEREAS, the City provides fixed route bus service throughout the residential and
commercial areas of the City; and
WHEREAS, the City provides Dial-A-Ride paratransit services to qualified and
eligible senior citizens and persons with disabilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The regular fare for a one-way ride on a Moorpark City Transit fixed
route bus is $1.00.
SECTION 2. A person aged 65 or older, may ride on a Moorpark City Transit fixed
route bus for free.
SECTION 3. A disabled person may ride on a Moorpark City Transit fixed route
bus for free.
SECTION 4. Children aged five and younger, when accompanied by a parent,
guardian or responsible person aged sixteen or older, may ride on a Moorpark City Transit
fixed route bus for free.
SECTION 5. For persons aged 65 or older and who are registered for the service
with the City, the Senior Dial-A-Ride fare for a one way paratransit trip within the City is
$2.00. Persons between the age of 62 and 65 and who were registered for Senior Dial-A-
Ride as of June 30, 2015 shall be permitted to continue to use the Senior Dial-A-Ride
service.
SECTION 6. For persons aged 65 or older and who are registered for the service
with the City, the Senior Dial-A-Ride fare for a one way paratransit trip to Camarillo, Oak
Park, Simi Valley, Thousand Oaks, Westlake Village, and surrounding County
Unincorporated areas is $5.00.
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Resolution 2015-
Page 2
SECTION 7. For persons with disabilities who are certified under the Americans
with Disabilities Act (ADA) as eligible for complimentary paratransit service, the ADA Dial-
A-Ride fare for a one way paratransit trip within the City is $2.00.
SECTION 8. For persons with disabilities who are certified under the Americans
with Disabilities Act(ADA) as eligible for complimentary paratransit service, the ADA Dial-
A-Ride fare for a one way paratransit trip to Camarillo, Oak Park, Simi Valley, Thousand
Oaks, Westlake Village, and surrounding County Unincorporated areas is $5.00.
SECTION 9. A personal care assistant(PCA)for a certified ADA rider may ride for
free on Moorpark City Transit fixed route and paratransit services, if the PCA's trip origin
and destination match the ADA rider's.
SECTION 10. The City Manager is authorized to establish special promotional fare
offers, discounts, or passes from time to time, such as a Summer Youth Pass, or a Rider
Appreciation Day fare holiday, for the purpose of promoting public transit ridership and
good community relations.
SECTION 11. That Resolution No. 2005-2422 is hereby rescinded as of the
effective date of this resolution.
SECTION 12. This Resolution shall become effective August 1, 2015 and shall
remain in effect until rescinded by the City Council.
SECTION 13. The City Clerk shall certify to the adoption of the resolution and shall
cause a certified resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 1St day of July, 2015.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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Attachment 4
FIRST AMENDMENT TO
AGREEMENT FOR TRANSIT SERVICES
BETWEEN CITY OF THOUSAND OAKS
AND
CITY OF MOORPARK
Contract No. 10504-2014
THIS FIRST AMENDMENT to the Agreement for Transit Services
entered into between CITY OF THOUSAND OAKS, a municipal corporation,
(hereafter "City") and CITY OF MOORPARK, (hereinafter "Moorpark"), dated
June 24, 2014 (hereinafter "Contract"), and titled: Moorpark Dial-A-Ride, is made
this
RECITALS
A. Whereas on June 24, 2014, City entered into an agreement with
Moorpark to provide transit services including inter-city Americans
with Disabilities Act (ADA) services effective July 1, 2014; and
B. Whereas Moorpark is a member of the East County Transit Alliance
(ECTA) and inter-city ADA services as described in Contract are
transitioning to the ECTA effective July 1, 2015; and
C. Whereas Moorpark pays a rate for services reflecting all rides
provided regardless of time and distances; and
D. Whereas inter-city rides are more costly to provide due to their
increased time and distance; and
E. Whereas Contract rate for remaining intra-city service exceeds the
cost to provide service with City overhead; and
F. Whereas City and Moorpark agree to modify the per-ride rate for
services remaining under Contract.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend
Contract as described below:
Part 1. Add Section 15 to Exhibit "A," Scope of Work, excluding inter-city
ADA service as part of Contract effective July 1, 2015, written as follows:
Effective July 1, 2015, or other date mutually agreeable to ECTA
member agencies, responsibility for inter-city ADA services shall
pass to a new agreement between the member agencies. Inter-city
ADA and DAR services will not be provided under this Agreement
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except for existing Saturday and Sunday ADA service between
Moorpark and Thousand Oaks which will continue to be provided
by Thousand Oaks Transit at existing contract rates as described in
Exhibit "B".
Part 2. Modify Exhibit "B," Schedule of Fees, to reduce the per ride fee to
$27.87 for intra-city rides.
Part 3. All terms used in Parts 1 and 2 above shall have the meanings
ascribed thereto in Contract. Except as amended in Parts 1 and 2 above, all
other sections, terms, obligations, duties, clauses and provisions of Contract
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
Janice S. Parvin, Mayor Al Adam, Mayor
ATTEST:
Maureen Benson, City Clerk Linda D. Lawrence, City Clerk
Scott Mitnick, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
Felicia Liberman
Assistant City Attorney
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