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HomeMy WebLinkAboutAGENDA REPORT 1991 0619 CC REG ITEM 11I 1(`t,;AD IS F- lo-t-1,-I.,-:•TEM -I . pPOPP,a` MOORPARK i--4%.4N.-- ;�O12PARK CAufORNIA 9 o City Co rk Avenue Moorpark, California 93021 (805) 529 6864 4' ._ J0' n o1 T .199 J ACTION: �AW. ! ,C .3ORPARK, CALIFORNIA • _&,,L / City Council Meeting By_:,0.1 - of P-1-4,40 1? 1991 ACTION: J,'1 d.•. d el rridi• 1 I7 7?/ MEMORANDUM AMY/ TO: The Honorable City Council FROM: Susan Cauldweli`/J • sistant to the City Manager DATE: June 12, 1991 `. SUBJECT: Extend Contract for Transit Services with Antelope Valley Bus for FY91/92 City bus service began in January 1989 and was renewed for fiscal years 89/90 and 90/91 . The first six months of service were paid for with Gann funds and the last two years were paid for with TDA funds. According to state law, within three years of initiation, transit service is required to return 15 percent of the cost through the farebox. Currently, the service in Moorpark returns approximately 6 percent of the cost through the farebox. The cost of transit service for next year is estimated to be $91,600. Antelope Valley Bus is again proposed to be the provider, and TDA funds are again proposed as the funding source. The contract cost is 5 percent higher than FY90/91 . If service is reauthorized, staff proposes to implement a transit marketing program, install new bus signs, and redesign the schedule for easier use. Approximately $4 ,500 can be carried over from the current year's budget for these purposes. Staff Recommendation Authorize the Mayor to sign a contract not to exceed $91 ,600 with Antelope Valley Bus for transit service for FY91/92. PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember J CITY t • F MOORPARK CONTRACT FOR SERVICES THIS AGREEMENT, made this ..... _ _ day of City of Moorpark, a municipal r-orporation, located atI799 etMoorpark Avenue, Moorpark, California, 9.021, hereinafter referred.to as "City" and Antelope Valley Bus, Inc., Montgomery Avenue, Oxnard, California 93030, hereinafter referred t( I 'Contra( toi . WTaNESSETH The Parties hereto do agree as `c !cw3; Article 1__ TERM OF_CONTRACT This agreement will become contractor will commence the sei- the completion of the project :)r, as provided hereinafter. ,effective on July 1, 1991, when the ce, and will continue in effect until n,' 3(, 1992, unless sooner terminated Article 2 >PECIFIC SERVICES The Contractor agrees to per?z )rm the services specified in Exhibit A. Article 3_ COMPENSATION Compensation for services tc not exceed $364.49 per day withou• Services will be billed at a rate hours per day. City will only pa be performed by the Contractor shall additio>>al authorization by the City. f $38.3 per hour to a maximum of 9.5 f( -r sell ices actually rendered. If the contractor fails to : ,mplete 'he work, or fails to provide an entire service day (limited ').5 hours of service in a 24 -hour period), the City may, at its sol option, notwithstanding other rights and remedies, assess the contra( �)r $364 49 per day for each day of service not provided. Said as ,ssment shall be deducted from any Payments due or to become due t: Contractor under the terms of contract. No payment by City sh« bay this ccrstrued as a waiver of City's right to deduct the assessment:: t h z ,zs: essment may be deducted from any subsequent payment. Contractor shall submit to t: rendered at the end of each na oth tdux ngwritten which invoice c servicesvlaee rendered. The City agrees tr,, F the inount due to the Contractor within thirty (30) days foll0w1-7,c 'ie ie e. zt of said invoice. Article 4 , _ ASSIGNMENT Neither this agreement, i;..r any duties, rights, interests or obligations under this agreemens may be assigned, sold, transferred or delegated by Contractor without ri,)i wr :L.tt:en consent of the City. Article 5 7BLI,GATIONS OF CITY City agrees to comply w Contractor relative to, and pro necessary for, the performanc agreement. City shall be responsible schedules, transfers and transfE the right to change routes and five (5) day written notice of a th all reasonable requests of the ide access to all documents reasonably >f Contractor's duties under this or establishing all bus routes, time agreements and fares. City reserves rhedules and agrees to give Contractor ,t;angE City agrees to exempt Cont. actor f, )m City business license taxes and fees. Article b _ GENERAL PROVISIONS Indenend( -: t Contr._actor Contractor is and at all tii -.?s shall remain as to the City a wholly independent contractor. Contra,, -or shall not, at any time or in any manner, represent that he is an :firer, employee or agent of the City. Contractor shall comply with al applicable provisions of the Workers' Compensation Insurance and Safer Acts hiid Labor Code of the State of California. Ownershi) of Documents Upon Completion of any siting required to be provided by Contractor in the course of Pt rforming any of the above described services, or upon termination of *:his agreement, all original documents prepared by Contractor shall hers me the aole property of the City and may be used, reused or otherwis- di:3p0scrd of by the City without the permission of the Contractor. Hoic, Harmless= Contractor agrees to indemn :y, save, keep and hold harmless City and all of its officers, empi ees. servants, and agents from all claims, actions, suits, damages, Costs c)r expenses including costs of suit and expenses for legal sere :.-es, that may at any time arise or be set up because of damage to pr pert.y car injury or death to persons received or suffered by reason cr arising out of, any act on the part of the Contractor in regard any function or activity carried out by contractor on behalf of t.> ty p,r_suant to ~he terms of this agreement. Any notice to be given hereu :ier by either party to the other shall be effected either by personal c;= vFip IN writing or by certified mail, Postage prepaid, return receipt requested. Mailed notices shall be addressed to the City in care C- City Manager, 799 Moorpark, Moorpark, California, 93021, and to the! Contractor at Antelope Valley Bus, Inc., 226 Montgomery Avenue, Oxnard, California 93030, but each party may change the address by written notice in accordance with this section. Notices delivered personally wil, be deemed served as of actual receipt; mailed notices wi31 be deemed) s, -ved as of the second (2nd) day after mailing. Entire Agreement _of Parties This agreement supersedes ,;-.y and all agreements, either oral or written, between the parties he eto with respect to the rendering of services by Contractor to the C.ty, and contains all of the covenants and agreements between the partite with respect to the rendering of such services in any manner whatso(,-ver. Each party to this agreement acknowledges that no represe tations, inducements, promises, or agreements, oral or otherwise, .. t Embodied herein, shall be valid or binding and that no other agreement,, statement or promise not contained in this agreement shall be vaai.c::l ox bind..G.ng. This Agreement shall not be amended in any way except b,, a writing expressly purporting to be such an amendment signed anc9 cxrotale -aged by bo ,-h of the parties hereto. Gone. ninc3 I,,a This agreement shall be go - .?rned b} and construed in accordance with the laws of the State of cal orn:i_a. Att:or ey__ Fees Should either party hereto any nature whatsoever in a court any provisions of this Agreement: rights or obligations hereunder ,:: obligations hereunder or for an shall be entitled to receive from such amount as the Court or reasonable attorney's fees fox i prevailing in any such action )r nstitutE any action or proceeding of 'yaw, equity, or otherwise to enforce Dr for i declaration of such party's for an} other such party's rights or other remedy, the prevailing party he losiig party, its costs, including bitration panel may adjudge to be ser.vic•,�s rendered the party finally 'Jf eed i.r r ; . ,rit.e This agreement is made, e 'exed into, executed and is to be performed in Moorpark, Ventura co California, and any action filed in any court or for arbitrat n f'or the interpretation, and /or enforcement of the terms, covena s <<rr, onditions referred to herein shall be filed in the applicable rt i:i 6entura County, California. C fit} 4_A(lerit The Moorpark City Manager, h:s designee shall have the right to review, coordinate and approve ill ,�o:k to be performed by the Contractor pursuant to this agie,; t r,•ic shall be the City's agent in this matter. Interpretation of Agreement Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that t.hiE: Agreement was prepared by the parties jointly and equally, and shall, nog be interpreted against either party on the ground tha the party prepared the Agreement or caused it to be prepared. Waiver )L A reement No waiver of any provision _�f this Agreement shall be deemed, or shall constitute, a waiver of :Iny other provision, whether or not similar, nor shall any such waive constitute a continuing or subsequent waiver of the same provision. Nc aaiver shall be binding, Caption: and Headings The captions and headings of the various Articles and Paragraphs of this Agreement are for convenien(., and identification only and shall not be deemed to limit or define the ontent. )f the respective Articles and Paragraphs hereof. Article_? _ UEFINITIONS a. "Approved Vehicles" st7 1 mean equipment with the following features: (1) Minimum of 21- pas!enger seating capacity, including any back -up vehicles. (2) A dispenser for scPedules. (3) Destination signs readable from both the front and boarding sides of .he bus - plastic signs and complete set for each bus. (4) Air conditioning (5) A color scheme ac eptable to the City; City to pay for any cost for pa rating, Lricluding lettering. (This includes back up v•riicle.) (6) Hand rails to accocruuodate senior citizen and handicapped riders, acceptable to City. If, after commencement of services City de i:z�rm,nes additional hand rails are needed, contractor r3ha 1 install them and City shall pay cost of. the lab,)r d natei _a.ls. b. "Temporary" or "Repla(.zment Vehicles" shall mean vehicles which City has not appr oved in ,writing and which will not be used to provide the bu= service covered by this agreement for any period exceeding 24 el-vice lours in any 30 day period. Art,.cle 8 — OBL_�ATIONS OF CONTRACTOR Contractor shall provide thy, ):IDWLr,��: (1) Back -up vehicles i like m.-)dels and color scheme or as approved by City waiting (2 ) All maintenance ar, re,.)a i.r _ on vehicles covered by this contract. (3) A fully qualifie< school pupil activity bus certified driver for each e>hicl.e. (4) Two -way radios (5) Liability insuran ! (6) Miscellaneous egL:,_pment including a farebox as agreed upon by Contracto, and city. (7) Copies of driu=,!rs' license, medical card, SPAB Certificate for e; h driver- assigned to this contract. Contractor shall be respons:cle for providing to the City's Finance Officer or designee at the end f each service day accurate ridership statistics for that day in a f r-m approved by the City. Contractor shall prepare a written report f any delay over 20 minutes, any bus malfunction, or any accident i_�Poiving property damage, or personal injury and present it to the ^il Managea or his designee within three (3) days of occurrence. Article VEHICLES City has determined that vehicle ate ( - ) vehicle and one (1) back -up are necessary to perf:::m contract. Contractor is the service required under this requirec vehicle may be stored at loca.ti -o store one vehicle in city. Back -up approve the suitability of any n of co;atractors choice. City shall vehicles, temporary or replacement vehic-l(s, including but not limited to same, except in any emergency si' befoz� Contractor begins operating lotion. ,t11 vehicles registered and licensed, and Coat shall be properly actor 1 -11 provide City with same. Contractor will not use the proof of vehicle: subject to this any use not covered by this cor contract for rac'':. du)ing the days and hours vehicles are assigned to this c notify City the !tract. Contractor will immediately of any temporary or r that are found trlacemenr; vehicles, or of any vehicles to be unsafe. Adv rt.:a.ng >n vehicles is prohibited. Article_,!. ____VEHICLE MAINTENANCE Contractor will be responsi,_e orderly and for Keeping vehicles in a clean, safe windows shall be condition. The � ?xterioc- of the bus and the interior vacuumed and all washed at leas, dirt, dust weekly. Vehicles shall be swept or shall be sprayed and :i, as ris sha l be removed daily. Vehicles pests. needed to s :cl t e eradicatio n of vermin and Vehicles with exterior body amage c - damage to the interior or graffiti on the interior or exter rr Ella].. be placed in service only at the sole discretion of the city,. Contractor shall maintaLn Ali vehicles consistent with the manufacturer's standard of repair with particular attention to brakes, tires and safety equipment. Contractor shall provide and aint.ain appropriate fixed maintenance facilities within Ventura County f r the servicing of the buses and bus equipment under this Agreement' fa:ili.ties shall be subject to 5 approval of City. Major work: a -/ be done at a location determined by Contractor. All vehicles must be ce:rt.ried by the California Highway Patrol (CHP) once every twelve (12) rnontris, or as deemed necessary by City, and copies of the CHP Reports must r, provided to City before commencement of service and within 14 days t ail fixture inspections. Contractor will immediately inform City in :it�ng ._f any change in the CHP rating of any vehicle used on City's bu system. Contractor if requested, w 1 Lmmediately make available to City all Preventative Maintenance Cnspection Reports for inspections conducted by Contractor during term c' this contract. City reserves the right > make inspections on vehicles and maintenance facilities during rec,:iar service and maintenance hours. Article i DRIVERS Drivers are required to )ssess 1 valid California Class II drivers' license and a SPAB Certa icate for the operation of the type of vehicles to be used. Drivers ar required to obey all state and local traffic laws and operate vehici-, . 3 >a ±e manner at all times. Contractor will provide thoi proper performance of their dut . program encompassing the Natic Course. This program should a.ls with transporting the elderly an shall receive proper training an prior to being assigned to the described fully and submitted tc will have thirty ( a0) days to c:cC -ugh training for all personnel for the es. Contractor must have a training a1 Safety Council Defensive Driving direct itself to dealing specifically moti..lit:,y impaired. All new employees inst.ruc:- ion at the time of hiring and >rvi -,e This training program must be i.ty for review. Initially, Contractor Li ait.h tnis paragraph. City shall have the rigt , ,ontingent upon the Contractor's personnel policy guidelines, tc: as}. Ecci the temporary or permanent removal of any personnel furni:,,ec by Contractor for any reasonable cause (not to be construed as c-egizesting removal from Contractor's employment). Contractor shall . >', mit I dopy of its current personnel Policy guidelines with this writ act anci any amendments thereto. All personnel shall be employees 11 Contractor and Contractor shall be solely responsible for payment all employees' wages and benefits. Contractor, without any expense t CL' -y, aha:ll faithfully comply with the requirements of all appl.. -b-.e laG ;s with respect to employee liability, worker's compensation, n,�iipioanent insurance and other forms of social security. Contra r shaIL also be responsible for withholding of income tax at soc:z -c - from employees' wages and, furthermore, Contractor shall i nc;i f} ,x id hold harmless the City and the State of California from ar,, iasai; i; y, damages, claims, costs and expenses of any nature arising ' , 9, i violation of such laws. ARTICLE 12 _ )N -TIME PERFORMANCE Contractor shall operate its buses strictly according to the most current bus schedules provided by City and to a reasonable on -time performance standard. Service shall tie provided as scheduled or according to any adjusted schedu e established by City, including route modifications required. Contrac °or shall maintain on -time performance. City reserves the right to mor,tor crn -tiime performance. "Late" is defined as leaving a designated toj� c,r time point more than five ( 5 ) minutes past scheduled departure time. "Early" is defined as leaving a designated stop or time point im tame be�ore scheduled departure time. ARTICLE 13 'OLLECTIoN OF FARES Contractor will collect far s ,n accordance with fare policies as set by City and shall turn over he da il,, proceeds to the City Finance Officer or designate at the end t each ervice day. Contractor shall remove cashbox from bus at tic. en 0 service day and shall immediately replace it with ar t,i, y 7,ish,, c:x ARTICLE, i4 INSLRANCE Contractor shall secure from a gc doing insurance business in tY) maintain in full force and effect Policies of insurance requirec.l 1 the City Clerk of the City certi the commencement of the term ct inconsistent statements in am, endorsement attached thereto, shall: i and responsible company or companies State of California, pay for, and .or the :iuration of this Agreement the this paragraph and shall furnish to cafes f said insurance on or before ~.hi3 Agreement. Notwithstanding any f, said policies or any subsequent ;)i otec-°.i.on offered by the policies 1. Name the City and its office s, ampl:yees, servants and agents, as additional insured with -'on•-ractor, whether liability is attributable to the Contrac?: r c'1t 2. Insure the City and its off, agents while acting in th Agreement against all cla losses, costs or expenses with, the performance of th. 3. Bear an endorsement or have authorized officer of the ins that such policy provides Policy that may afford covE•c and not concurrent with, =uc• r_- and employees, servants and scope of their duties under this ns, demands, damaged, liabilities; ising f,, 01-n, or in any way connected Ac;reernei t by Contractor or the City. tacned rider, executed by a duly ranee cc,mpany, whereby it is provided imar, overage and that any other 3e o t e city shall be excess over, ,c 1.: , 4. Bear an endorsement or have rider, executed by a duly authorized officer of the insurance cc i, ;iny, whereby it is provided that, in the event of expiration or lr >cst�d cancellation of such policy for any reason whatsoever, tht� y ;hall be notified by certified registered mail, postage E_; less a.c,. return receipt requested, or not than thirty (30) days 1, — ..e ? xpiration nr cancellation is effective. Consistent with the provisions of this Article, the Contractor shall provide public liabi ity and property damage insurance as follows: (A) In an amount not less than five million dollars ($5,000,000.00) for in cries or death to any one person, and subject to the same limitation For each person ($5,000,000.00) on account of any one currenc+?; and (B) In an amount not less than five million dollars ($5,000,000.00) for da ages ~o property on account of any one occurrence. Consistent with the provisions :Y the preceding paragraphs contractor shall provide workers' compen;;jtion insurance as required by the California Labor Code. If any c ass of employees engaged by Contractor in work under this Agreement is slot: protected by the workers' compensation law, contractor sh ;1 pr,:>vide adequate insurance for the protection of such employees to e sati.sraction of the City. ARTICLE 15 :- 'RMINATION OF CONTRACT This Agreement, or portions thei any one of the following manners (1) By mutual agreement of (2) Upon 30 day written not (3) If in the sole subjec times after the commencement of` fails to perform the service: r� services in accordance with the seventy -two (72) hours written prejudice to any other remedio Contractor's services and any <,x under this Agreement. The wr:it:t cease its services as of a spe(-it obligation tc:) pay for serviceE- t )f, iTay be terminated or cancelled in tie part es, ce Dy either party, i.ve Dudc:;ment of City at any time or he term of this Agreement, Contractor 3uired o[ it or fails to perform such erms hereof, the City, upon at least no :ice t--o Contractor, and without tze ity may have, may terminate igatior�, the City may otherwise have Y notice shall instruct Contractor to 2!d 9a;' and City shall have no further ier -.?J otherwise. i .. ARTICLE lb_ _ FORCE MAJEURE Contractor shall not be Contractor damages because of indicated in the Agreement due control and without the fault o delay is limited to acts of fed City, or anyone employed by it, snow storms, epidemics, quarant and public road closures, but _D for so long as, and to the extent ATTEST: City Clerk wp:sc 8811231 riarged, nor shall City demand from failure in providing the service= to unforeseeable causes beyond the negligence of Contractor.- Excusable ral and /or state governments, acts of acts of public enemy, fires, floods, ,es, restrictions, freight embargoes, ✓ery case the delay is excusable, only hat: t::he excusable delay continues. CI`"Y OF MOORPARK Mayor Cortra< t.or By_ Ttle 9 CITY )F MOORPARK CONTRACT WOR SERVICES Ext : bit A Contractor agrees to prov:idE- fixed route transit service, within the city limits of the City of Mc,rpark, according to the following prescribed schedule, and utili.zira approved vehicles as specified in Article 8 of the Contract. Serv- e will commence on July 1, 1991 and conclude on June 30, 1991. Servy e will be provided Monday through Friday. No service will be provided .Dn the following days or on any other days as determined by the , r:} July 4, 1991 September 2, 1991 November 11, 1991 November 28 & 29, 1991 December 25, 1991 January 1, 1992 January 20, 1992 February 17, 7.992 May 25, 1992 Independence Day Labor Day Veterans Day Thanksgiving Christmas Day New Ye<ir ' s Day Martin Luther King, Presiden'.'s Day Mernoz i., 1 Day Jr's Birthday Contractor agrees to operate accz 9inq t.o the attached Schedule. sc:wp 881221 CITY OF MOORPARK Schedule A Sept 5 to June 15 Fixed Route Transit Service MONDAY - FRIDAY ONLY A. M. SERVICE LEAVE LEAVE LEAVE LEAVE LEAVE LEAVE ARRIVE COMMUNITY MOORPARK THIRD /FLORY PEACH HILL / MT.MEADOWS/ TIERRA REJ/ COMMUNITY 7EN'TER COLLEGE TIERRA REJADA N. MEADOWS PARK HARVESTER CENTER - 1:55 am 8:10 am 8:20 am 8:25 am 8:30 am 8:35 am 8:40 am 8:55 am 9:10 am 9:20 am 9:25 am 9:30 am 9:35 am 9:40 am 9:55 am 10:10 am 10:20 am 10:25 am 10:30 am 10:35 am 10:40 am 10:55 am 11:10 am 11:25 am 11:30 am 11:35 am 11:40 am 11:40 an 11:55 am 12:10 pm ONE -WAY FARE IS 50 CENTS F. ARTY A. M. AND P. M. S E R V I C E LEAVE LEAVE LEAVE LEAVE LEAVE ARRIVE COMMUNITY 71ER REJ/ MT. MEADOWS/ PEACH HILL/ SECOND! MOORPARK COMMUNI`I _N7ER HARVESTER MT. MEADOWS TIERRA REJADA MILLARD COLLEGE CENTER 2:05 pm SCHOOL 2:30 pm 7:15 am 7:25 am 7:30 am 7:35 am - 7:55 am - 12:35 pm 12:40 pm 12:45 pm 12:50 pm 1:00 pm 1:15 pm 1:25 pm 1:55 pm 2:05 pm 2:10 pm 2:20 pm 2:30 pm 2:40 pm 2:50 pm 2:55 pm 3:05 pm 3:10 pm 3:20 pm 3:30 pm 3:40 pm 3:50 pm 3:55 pm 4:05 pm 4:10 pm 4:20 pm 4:30 pm 4:40 pm 4:50,pm FOR FURTHER INFORMATION OR OTHER STOP LOCATIONS, PLEASE CALL 529 -6864 ONE -WAY FARE IS 50 CENTS SI USTED NECESITA MAS INFORMACION, LLAME 529 -6864 DCM /BUS.SCH AM ROUTE Leaves Community Center, travels through downtown Moorpark (High St.) to Moorpark College, returns to downtown, travels Moorpark Ave. to Third St., Bard St., Second St., Spring Rd., Moorpark Plaza, Spring Rd., Peach Hill Rd., Tierra Rejada Rd., Mountain Meadows Dr., Mountain Tr., Tierra Rejada Rd., Los Angeles Ave., Hughes Market, Moorpark Ave., and Community Center. r .`7 Community Center High St. r ro N oar 0> 2na St. r 14 S ro Los Angeles Ave. Hughes Mark St. - Lo vw Mountain Tr. S , P �, oc o z� S x U ad a� a L0 Wendy's ;�� eS Ase . P S �' t orpark College H .'i 0 U Campus Pa-Lc Dr. .LEGEND P City Parks S Schools XXX Afternoon downtown ro;tgz EARLY AM AND PM ROUTE Leaves Community Center, travels Moorpark Ave., to Hughes Market, Los Angeles Ave., Tierra Rejada Rd., Mountain Tr., Mountain Meadows Dr., Tierra Rejada Rd., Peach Hll Rd., Spring Rd., Moorpark Plaza, Los Angeles Ave.. Millard St., Second St., Moorpark Ave., through downtown (High St.) to Moorpark College, returns to downtown and Community