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HomeMy WebLinkAboutAGENDA REPORT 2017 0301 CCSA REG ITEM 10E ITEM 10.E. CITY OF MOORPARK,CALIFORNIA City Council Meeting ACTION: 444 MOORPARK CITY COUNCIL --A- AGENDA --- AGENDA REPORT BY: TO: Honorable City Council FROM: Sean Corrigan, P.E., City Engineer/Public Works Director he''' c4/ Prepared by: Shaun Kroes, Program Manager DATE: February 17, 2017 (CC meeting of 03101/17) SUBJECT: Consider Request for Proposal to Provide Bus Excursion Services and Authorization to Advertise for Proposals; and, Consider 2017 Moorpark Beach Bus and Summer Youth Bus Pass Programs SUMMARY City Council is being asked to consider a Request for Proposal (RFP) to provide bus transportation services for existing programs offered by the City Engineer/Public Works Department and Parks, Recreation and Community Services Department. Examples of these programs include: the Summer Beach Bus, Camp Moorpark and Adventure Camp, and the Active Adult Center's excursions to points of interest. City Council is also asked to approve the Beach Bus and Summer Youth Bus Pass programs for 2017. Approval of the programs prior to award of an agreement will allow staff to begin promoting the programs in the months prior to service beginning. BACKGROUND/DISCUSSION The purpose of the RFP (Attachment 1) is to secure a qualified contractor to provide bus transportation for various recreation programs. The City's fixed route and paratransit services are not a part of the proposed RFP as they are administered through separate agreements. In 2014, the City competitively bid all of the above listed bus services and awarded an agreement to Durham School Services, L.P. (Durham). The City's agreement with Durham expired December 31, 2016. If approved, the attached RFP will be advertised and cost proposals will be due to the City on April 4, 2017. Staff anticipates that it will present a recommendation to award an agreement to the most qualified bidder at the April 19, or May 3, 2017 City Council meeting. Upon City Council approval, the new agreement would 282 Honorable City Council March 1, 2017 Page 2 be effective June 1, 2017, in time for the start of Camp Moorpark/Adventure Camp and the Beach Bus program. The Active Adult Center does not presently have any scheduled trips. The proposed agreement is a three-year agreement which will have rates specified for each year of service. Language is included in the agreement stating that the contractor cannot adjust the pricing if the City determines to reduce or expand program services during the term of the agreement. Attachment 2 provides the 2016 Beach Bus Summary report. In general, the 2016 Beach Bus program saw a 15.34% decrease in ridership compared to 2015. It has been four years since ridership reached more than 1,000 round trips during a summer. To improve ridership, staff is recommending removing the following requirement: Passengers who use the first trip to Zuma Beach will be required to use the first return trip from Zuma Beach. Passengers who use the second trip to Zuma Beach will be required to use the second return trip from Zuma Beach. The above requirement was originally established in 2009, in response to the 2008 summer season when ridership had peaked at 1,967 round trips. Since implementation of the return trip requirement, ridership has decreased 61.00% (2016 compared to 2008). Based on current ridership, it is anticipated that the Beach Bus will have capacity to return all passengers back to Moorpark with two scheduled return trips. It is possible that a tripper bus may be needed during a particular day when ridership peaks and it is determined that too few passengers use the first return trip. In that instance,the City would request that the contractor dispatch an additional bus to provide service and the City would be billed for the additional bus. During the summer the City also offers a Summer Youth Bus Pass. The Summer Youth Bus Pass sells for$15.00 per pass and is available for any passenger between the ages of 6 and 20. The Summer Youth Bus Pass provides unlimited ridership on Moorpark City Transit Route 1 and Route 2 from June 1 through the first Friday of September. The proposed coverage days for the 2017 Summer Youth Bus Pass are June 1, 2016 — September 1, 2017. The Summer Youth Bus Pass cannot be used on the Beach Bus. The proposed Beach Bus and Summer Youth Bus Pass programs for 2017 are detailed below: 1. The Beach Bus will provide two trips per day, Tuesday through Thursday for nine weeks during the summer (June 13, 2017 through August 10, 2017). 2. Beach Bus will start its pick up and drop off at Campus Canyon School and continue to Peach Hill Park. 3. Maintain Beach Bus fare at $5.00 round trip for students/adults. 283 Honorable City Council March 1, 2017 Page 3 4. Maintain Beach Bus fare at $2.00 round trip for seniors/disabled. 5. Passengers five and under ride for free(must be accompanied by parent,guardian, or responsible person aged sixteen or older). 6. Continue the Summer Youth Bus Pass program with the same cost and terms as described above. FISCAL IMPACT There is no fiscal impact associated with the proposed RFP process. Staff will include a Fiscal Impact when returning to City Council with a request to award. STAFF RECOMMENDATION 1. Approve the RFP and authorize staff to advertise for proposals; and 2. Approve the proposed 2017 Moorpark Beach Bus and Summer Youth Bus Pass Programs as detailed in this Report. Attachments: 1. Bus Excursion Services RFP 2. Beach Bus 2016 Summary 284 Attachment 1 01---C--iseart . o -010/240 ...iv i F Ot,/ u CITY OF MOORPARK DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSAL (RFP) FOR BUS EXCURSIONS AND CHARTER BUS TRANSIT SERVICES JANICE PARVIN, MAYOR ROSEANN MIKOS, COUNCILMEMBER DAVID POLLOCK, COUNCILMEMBER KEN SIMONS, COUNCILMEMBER MARK VAN DAM, COUNCILMEMBER STEVEN KUENY -CITY MANAGER- SEAN CORRIGAN, P.E. -CITY ENGINEER/PUBLIC WORKS DIRECTOR- March 2, 2017 Proposal Submission Deadline: April 4, 2017 Proposals are due by 3:00 p.m. 285 NOTICE INVITING REQUESTS FOR PROPOSAL FOR BUS EXCURSIONS AND CHARTER BUS TRANSIT SERVICES PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark (City) as Agency, invites sealed bids for the above stated project and will receive such bids in the Public Works Department, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 3:00 p.m. on April 4, 2017. The purpose of this invitation is to solicit proposals for Bus Excursions and Charter Bus Transit Services. Proposals shall be prepared on the approved Proposal Forms in conformance with the Instructions to Bidders and submitted (one original and one copy) in a sealed envelope plainly marked on the outside, "BUS EXCURSIONS AND CHARTER BUS TRANSIT SERVICES — DO NOT OPEN WITH REGULAR MAIL". The City of Moorpark City Council reserves the right to waive any informalities or irregularities in any proposal submitted, to reject any or all proposals, and to award agreements to one or more contractor for one or more of the RFP items. Proposals will remain valid for ninety (90) days while the City reviews. Hardcopy to: City of Moorpark Public Works Department Attn: Shaun Kroes 799 Moorpark Avenue Moorpark, CA 93021 • Documents are to be single sided and printed on recycled content paper (minimum of 30% post-consumer recycled content). • Proposals may be hand delivered •to the City receptionist at 799 Moorpark Avenue. This Request for Proposal (RFP) does not commit the City to award an Agreement, nor pay for any costs incurred in the preparation of a proposal for this request. The City reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the RFP if it is in the best interests of the City to do so. Bid Packets and Proposal Forms may be picked up at Moorpark City Hall, 799 Moorpark Avenue, mailed upon request, or downloaded from the City's website at http://www.moorparkca.gov/Bids.aspx. 286 2 All questions relating to this RFP should be addressed in writing (E-mail is acceptable) to: City of Moorpark Public Works Department Attn: Shaun Kroes 799 Moorpark Avenue Moorpark, CA 93021 skroes@moorparkca.gov The deadline for questions is March 21, 2017, at 4:00 p.m. All questions will be recorded and submitted, with answers, to all known Proposers by 5:00 p.m., March 28, 2017. 3 287 TABLE OF CONTENTS PAGE Introduction 5 II. Services to be Performed 5 A. Moorpark Beach Bus B. Camp Moorpark &Adventure Camp C. Active Adult Center III. Proposal ContentlFormat 6 IV. Proposal Evaluation and Selection 7 V. General Proposal Terms and Conditions 7 A. Agreement Requirement B. Communications Regarding RFP C. Modification or Withdrawal of Submittals D. Property Rights E. Confidentiality F. Non-Commitment of City G. Insurance Endorsement H. Subcontractor Approval VI. Proposal Checklist 9 EXHIBITS A. Proposal Checklist B. Scope of Services C. Proposal Cost Form and Addenda D. Proposer Reference Forms — Parts I and II E. Vehicle Identification Forms — F. List of Subcontractors G. Moorpark City Transit Rules H. Agreement (including insurance requirements) H-1. Sample Endorsement H-2 Sample Waiver of Transfer of Rights of Recovery Against Others to Us 4 288 I. Introduction This RFP seeks proposals from qualified firms for bus excursion and charter bus services, including, but not limited to: the Moorpark Summer Beach Bus, winter spring and summer camps (Camp Moorpark and Adventure Camp), and Active Adult Center charters. It is anticipated that all services will be day trips, typically five to ten hours in duration. Most, but not all of the activities will occur between June and August of each year, during the traditional school summer break. In recent years, the City has contracted for about 800 to 900 hours of excursion and charter services per year. Basic level of service consists of one contractor-provided bus for each excursion or charter event, and being able to provide additional buses due to increased demand or mechanical break down. A recent model school bus that is ADA compliant could meet the requirements of this RFP for excursion services. Operations of the transportation services contemplated by this RFP shall be conducted in accordance with the terms and conditions contained herein, in the Scope of Services (Exhibit B), the Agreement (Exhibit H) and other documents, laws and regulations governing this project. II. Services to be Performed Proposals shall be for providing dispatchers, vehicles, and drivers for various bus excursions and for operating and maintaining sufficient vehicles and backup vehicles to ensure uninterrupted service. Operation Services A. Moorpark Beach Bus - The Moorpark Beach Bus operates from 8:50 a.m. to 6:50 p.m. for approximately nine (9) to ten (10) weeks from mid-June to mid-August. The current intent of the City is to offer this service on Tuesdays, Wednesdays, and Thursdays. The public transportation service included in this Scope of Service consists of a single vehicle service for the City with ten (10) to eleven (11) revenue hours per day. A school bus is usually adequate for this service. Contractor shall provide service between various stops in the City and a beach destination, such as Zuma County Beach in Malibu. This shall be an unsupervised public transit service. One vehicle shall make two (2) or more round trips each day of service in accordance with a published schedule. Schedule adherence is important for this service. Contractor shall have the ability to dispatch a secondary vehicle ("tripper bus") in the event City requests additional passenger capacity. The City shall determine and set fares. Contractor shall charge passengers exactly as specified unless notified by the City that there will be a deviation from regular fares. 5 289 B. Camp Moorpark & Adventure Camp - Camp Moorpark and Adventure Camp are summer recreation programs that typically require one or two (1 - 2) buses Monday through Friday for a ten (10) to eleven (11) week period from June through August. Trips are taken by children ages 5-14. Trip destinations include locations in Ventura, Los Angeles, and Santa Barbara counties. This is a subscription service. Passengers register in advance with the City. Passengers are supervised by City staff. The number of passengers can be up to seventy (70) children and fourteen (14) staff. In some cases, the number of passengers can be fewer and the City may request a smaller sized vehicle if available. C. Active Adult Center - Transportation from the Moorpark Active Adult Center to a local attraction such as a museum or event site, typically within seventy-five (75) miles of Moorpark, and not usually exceeding ten (10) hours from beginning to end. The City,, at its sole option, may contract with more than one bus operator or expand or reduce services during the term of the Agreement. Proposers are encouraged to review the Scope of Service (Exhibit B) and Agreement (Exhibit H) for more information regarding operation of services. City may cancel a trip with twenty-four (24) hours notice with no payment or penalty. III. Proposal Content/Format Prospective contractors shall submit a proposal with the required Proposal Cost Form and Addenda (Exhibit C); Proposer Reference Forms - Parts I and II (Exhibit D); Vehicle Identification Forms - Parts I and II (Exhibit E); and List of Subcontractors (Exhibit F, if applicable). The proposal should be provided in a sealed envelope and marked on the outside of the envelope "BUS EXCURSIONS AND CHARTER BUS TRANSIT SERVICES — DO NOT OPEN WITH REGULAR MAIL" - with the name of the firm. Provide one (1) original and one (1) copy. Submit proposal to: City of Moorpark Public Works Department Attn: Shaun Kroes 799 Moorpark Avenue Moorpark, CA 93021 PROPOSALS MUST BE RECEIVED BY THE CITY NO LATER THAN 3:00 P.M., ON APRIL 4, 2017. 6 290 IV. Proposal Evaluation and Selection The Proposal Cost Forms, Proposer Reference Forms, and Vehicle Identification Forms, must be sealed and received by the City up to the hour of 3:00 p.m. on the 4th day of April, 2017. Proposals received after the time and date specified above will not be considered and will be returned unopened. All proposals received shall be evaluated with the emphasis placed on: 1. The proposing firm's ability to meet City requirements. 2. The responsiveness of the proposal. 3. The quality of the equipment quoted for the required cost. 4. Other factors such as the ability to meet service dates and the general competence of the Proposer. 5. Cost shall be evaluated in relation to other qualified Proposers. The City need not select the lowest Proposer, but may choose according to the lowest qualified proposal in the best interest of the City. Unsigned proposals or proposals signed by an individual not authorized to bind the prospective Contractor shall be rejected. The Proposer is advised that should this RFP result in recommendation for award of an Agreement, the Agreement shall not be in force until it is approved and fully executed by the City. All products used or developed in the execution of any Agreement resulting from this RFP shall remain in the public domain at the completion of the Agreement. Compensation under any Agreement resulting from this RFP shall be on a time and expense basis at rates stated in the cost forms. A sample of the proposed Agreement is attached herein as Exhibit H. The Contractor shall adhere to the provisions of this Agreement. The Contractor shall advise the City, in the proposal transmittal letter, of any provision which they have alternative wording or any provision which they cannot accept. Any Agreement awarded as a result of this RFP shall be awarded without discrimination based on race, color, religion, age, sex, or national origin. V. General Proposal Terms and Conditions A. Agreement Requirement - The Proposer to whom the Agreement is awarded shall execute a written Agreement with the City within ten (10) calendar days after notice of the award has been sent by mail to the Contractor at the address given in the proposal. The Agreement shall be made in the form approved by the City and incorporated in this RFP as Exhibit H. Any exceptions, concerns, or 291 requests to modify the Agreement must be provided in writing and submitted with the Contractor's proposal. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all applicable federal, state, county, and City laws, ordinances, statutes and regulations. B. Communications Regarding RFP - If a Proposer is in doubt as to the meaning or intent of any part of the RFP, or discovers discrepancies in or omissions from the RFP, it may submit a written request for an interpretation or correction thereof to the Program Manager, Shaun Kroes, City of Moorpark. Interpretation or correction of the RFP shall be made only by addendum duly issued by the City. A copy of any such addendum shall be mailed or delivered to each person receiving the RFP, and such addendum shall be considered a part of the RFP and shall be incorporated therein. All timely requests for information submitted in writing by March 21, 2017, at 4:00 p.m., shall receive a written response from the City. Telephone communications with members of City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. C. Modification or Withdrawal of Submittals - Any proposal received prior to the date and time specified for receipt of proposals may be withdrawn or modified by written request of the prospective contractor. To be considered, however, the modified proposal must be received by the time and date originally specified. D. Property Rights - Proposals received within the prescribed deadline become the property of the City and all rights to the contents therein become those of the City. E. Confidentiality - Prior to award of the Agreement, all proposals shall be designated confidential to the extent permitted by the California Public Records Act. After award of the Agreement, or if not awarded, after rejection of all proposals, all responses shall be regarded as public records and shall be subject to review by the public. Any language purported to render confidential all or portions of the proposals shall be regarded as non-effective and shall be disregarded. F. Non-Commitment of City - This RFP does not commit the City to award an agreement, to pay any costs incurred in the preparation of a proposal responding to this request, or to procure or contract for services. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm, or to modify or cancel in part or in its entirety the RFP, if it is in the best interest of the City to do so. G. Insurance Endorsement - Contractor's attention is directed to Exhibit H's insurance requirements. The City requires Contractor to endorse the third party 8 292 general liability coverage required to include as additional insureds the City, its officials, employees and agents, using standard ISO endorsement CG 20 10 with an edition prior to 1992. The required endorsement form is the CG 20 10 11 85 or equivalent (sample endorsement provided as Exhibit H-1). Contractor's attention is also directed to Exhibit H-2 "Waiver of Transfer of Rights of Recovery Against Others to Us". All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. By submitting a proposal, Contractor is confirming Contractor can comply with the City's insurance requirements. H. Subcontractor Approval - Unless prior written consent from the City is obtained, only those subcontractors whose names appear in Contractor's proposal (provided in Exhibit F) shall be used in the performance of this Agreement. VI. Proposal Checklist All of the following items must be included in the submitted proposal in order to be considered complete. The proposal will be considered "Exhibit A" to the City's Agreement if awarded to the Proposer. Proposer may include additional materials as necessary. Proposer should submit one (1) original proposal and one (1) copy. The proposal must include the following: 1. Proposal Cost Form and Addenda (Exhibit C ) 2. Proposer Reference Forms — Parts I and II (Exhibit D) 3. Vehicle Identification Forms— Parts I and II (Exhibit E) 4. List of Subcontractors (if applicable) (Exhibit F) 5. Proposer Supplied Additional Information 293 9 EXHIBITS EXHIBIT A- PROPOSAL CHECKLIST EXHIBIT B - SCOPE OF SERVICES EXHIBIT C - PROPOSAL COST FORM AND ADDENDA EXHIBIT D - PROPOSER REFERENCE FORMS - PARTS I AND II EXHIBIT E -VEHICLE IDENTIFICATION FORMS - PARTS I AND II EXHIBIT F - LIST OF SUBCONTRACTORS (FILE IF APPLICABLE) EXHIBIT G - MOORPARK CITY TRANSIT RULES EXHIBIT H.-AGREEMENT EXHIBIT H-1: SAMPLE ENDORSEMENT EXHIBIT H-2: SAMPLE ENDORSEMENT WAIVER OF SUBROGATION 10 294 EXHIBIT A PROPOSAL CHECKLIST All of the following items must be included in the submitted proposal in order to be considered complete. The proposal will be considered "Exhibit A" to the City's Agreement if awarded to the Proposer. Proposer may include additional materials as necessary. Proposer should submit one (1) original proposal and one (1) copy. The proposal must include the following: Proposal Cost Form and Addenda (Exhibit C) Proposer Reference Forms — Parts I and II (Exhibit D) Vehicle Identification Forms — Parts I and II (Exhibit E) List of Subcontractors (if applicable) (Exhibit F) Proposer Supplied Additional Information 11 295 EXHIBIT B SCOPE OF SERVICES FOR BUS EXCURSION CHARTER BUS SERVICES SECTION 1. SERVICE DAYS AND HOURS MOORPARK BEACH BUS The Moorpark Beach Bus operates from 8:50 a.m. to 6:50 p.m. for approximately nine (9) to ten (10) weeks from mid-June to mid-August. The current intent of the City is to offer this service on Tuesdays, Wednesdays, and Thursdays. The public transportation service included in this Scope of Service consists of a single vehicle service for the City with ten (10) to eleven (11) revenue hours per day. A school bus is usually adequate for this service. Contractor shall provide service between various stops in the City and a beach destination, such as Zuma County Beach in Malibu. This shall be an unsupervised public transit service. One vehicle shall make two (2) or more round trips each day of service in accordance with a published schedule. Schedule adherence is _ important for this service. Contractor shall have the ability to dispatch a secondary vehicle ("tripper bus") in the event City requests additional passenger capacity. The City shall determine and set fares. Contractor shall charge passengers exactly as specified unless notified by the City that there will be a deviation from regular fares. CAMP MOORPARK & ADVENTURE CAMP Camp Moorpark and Adventure Camp are summer recreation programs that typically require one or two (1 - 2) buses Monday through Friday for a ten (10) to eleven (11) week period from June through August. Trips are.taken by children ages 5-14. Trip destinations include locations in Ventura, Los Angeles, and Santa Barbara counties. This is a subscription service. Passengers .register in advance with the City. Passengers are supervised by City staff. The number of passengers can be up to seventy (70) children and fourteen (14) staff. In some cases, the number of passengers can be fewer and the City may request a smaller sized vehicle if available. The City, at its sole option, may contract with more than one bus operator to expand or reduce services during the term of the Agreement. The City, at its sole option, may wish to expand or reduce these services during the term of the Agreement. ACTIVE ADULT CENTER Transportation from the Moorpark Active Adult Center to a local attraction such as a museum or event site, typically within seventy-five (75) miles of Moorpark, and not usually exceeding ten (10) hours from beginning to end. 12 296 SECTION 2. ROUTES With the exception of the Moorpark Beach Bus, trips shall have one (1) point of origin in the City, which shall be the Arroyo Vista Recreation Center at 4550 Tierra Rejada Road for Camp Moorpark or 799 Moorpark Avenue for the Active Adult Center. The Beach Bus has approximately five (5) stops for boarding and alighting in the City. All services usually have one (1) destination point. The City reserves the right to adjust the routes, providing notice as indicated in this Agreement. SECTION 3. OPERATIONS The Contractor shall be responsible for operation of the vehicles used to provide services contemplated by this Agreement. The Contractor shall ensure at all times that vehicles used for passenger conveyance shall be operated with due regard for the safety, comfort, and convenience of the public. The Contractor shall be responsible for complying with all applicable federal, state and local laws and requirements. SECTION 4. CONTRACTOR VEHICLES Contractor shall provide all necessary vehicles, including one (1) primary bus and at least one (1) backup bus to ensure continuation of service in case of a breakdown of the primary bus. All Contractor-supplied vehicles shall have less than 75,000 original odometer miles and shall be equipped with a wheelchair lift (or ramp) and meet ADA standards. The Contractor shall at all times be required to have a backup vehicle available for use in the event that the primary vehicle is unable to operate. If the primary vehicle does not include a wheelchair lift (or ramp) the Contractor shall be required to provide a separate wheelchair accessible vehicle upon demand. For the Beach Bus program, the separate wheelchair accessible vehicle shall be provided within thirty (30) minutes of discovering a passenger at a Beach Bus stop with a wheelchair or similar mobility device. For Camp Moorpark, Adventure Camp or Active Adult trips, the Contractor shall be notified at least twenty-four (24) hours in advance if a wheelchair accessible vehicle is required. In the event that the vehicle being used by the Contractor breaks down, the Contractor shall provide a backup vehicle on site within one and one half (1 1/2 ) hours. The primary vehicles shall have a minimum of twenty-five (25) bench seats and a seating capacity of approximately seventy-five (75) children at three (3) passengers per bench seat, and approximately fifty (50) adults at two (2) passengers per bench seat. All vehicles must have storage for luggage. Air conditioning, large tinted windshield, and passenger windows are desirable but not required. A late model school bus in good condition may meet the criteria for vehicles. 13 297 SECTION 5. MAINTENANCE The Contractor shall perform the duties and accept the responsibilities set forth in connection with the maintenance of the Contractor's vehicles used to provide services under this Agreement. Contractor's buses, vans, school buses or other vehicles that are used to provide services under this Agreement are referred to in this section as "vehicles". The omission of a duty or responsibility herein shall not relieve the Contractor 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 fixed-route and dial-a-ride public transportation system of a kind and character such as Moorpark City Transit. 5.1. Maintenance Facility: The Contractor shall provide and maintain an appropriate fixed maintenance facility within a thirty-five (35) mile radius from the City. The facility shall be equipped with all tools and equipment necessary for maintenance of. vehicles in accordance with this Agreement. When out-of-service, vehicles shall be stored at all times either within an enclosed, paved garage, or within a paved, security-fenced outside storage area. 5.2. Daily Maintenance: The Contractor shall perform daily vehicle servicing on all vehicles under this Agreement. For purposes of this Agreement, daily servicing shall include, but not be limited to: fueling; check/add engine oil, coolant, water, and transmission fluid; farebox vault pulling and replacement; wheelchair lift check; brake check; light and flasher check; and checking all vehicle performance defects reported by drivers to identify potential safety and reliability items requiring immediate attention. The Contractor shall develop, implement and maintain a written checklist of items included in the daily servicing of the vehicles. The checklist shall be utilized and kept on file for City and California Highway Patrol (CHP) review at any time during regular business hours. The checklist requirement may incorporate or supplement CHP required driver's pre- trip safety inspections. 5.3. Vehicle Cleaning: The Contractor shall maintain all vehicles in a clean and neat condition at all times. The interior of the vehicles shall be kept free of litter and debris to the maximum practicable extent throughout the operating day. Vehicles shall be swept and dusted daily. Interior panels, windows, and upholstery shall be cleaned of marks as necessary. The interiors of all vehicles shall be thoroughly washed at least once per week, including all windows, seats, floor, stanchions, and grabrails. All foreign matter such as gum, grease, dirt, and graffiti shall be removed from interior surfaces during the interior cleaning process. Any damage to seat upholstery shall be repaired at the end of each day. Ceilings and walls shall be thoroughly cleaned at least once per month, or more often as necessary. Destination sign interior glass shall be cleaned as necessary to maintain a clean appearance and maximize visibility. 14 298 The exteriors of vehicles shall be washed as required to maintain a clean, inviting appearance and in no event less than once per week. Exterior washing shall include the bus body, all windows, and wheels. Rubber or vinyl exterior components such as tires, bumpers fascia fender shirts, and door edge guards shall be cleaned and treated with a preservative at least once per month, or as often as necessary to maintain an attractive appearance. The bus exterior shall be waxed once every six (6) months. The vehicles shall be kept free of vermin and insects at all times. The Contractor shall exterminate all vermin and insects from the vehicles immediately upon their discovery, utilizing safe and non-hazardous materials. 5.4. Preventive Maintenance: The Contractor shall develop and implement a preventive maintenance program. At a minimum, the Agreement's preventive maintenance program shall adhere to the preventive maintenance schedules and standards of the industry, and shall meet the manufacturer's specifications and be sufficient so as not to invalidate or lessen warranty coverage of the vehicles. Adherence to preventive maintenance schedules shall not be regarded as reasonable cause for deferred maintenance in specific instances where the Contractor's employees observe that maintenance is needed in advance of schedule. The Contractor shall not defer maintenance for any reason without the prior written consent of the City. The Contractor shall adjust the work schedule of its employees as necessary to meet all scheduled services and complete preventive maintenance activities according to the schedule. All parts used for preventive maintenance shall be new and meet manufacturer's specifications. The City, at its own expense, may inspect the vehicle(s) to ensure that regular preventive maintenance is being performed. 5.5. Vehicle Repairs: All repairs to the vehicles shall be performed by the Contractor or by other vendors and suppliers and shall be included in the final Agreement cost. Repairs shall include, but not be limited to, work to correct loss or damage; adjustments due to normal wear and tear; and overhaul, rebuilding or replacement of components. All required parts shall be new and meet manufacturer's specifications. Repair work shall be conducted as soon as practicable upon learning that such work is required. The Contractor shall perform repair work expeditiously in response to identification of problems by drivers or other staff members. The Contractor shall assure the City that required repairs shall not be deferred beyond a reasonable time. 15 299 The Contractor shall be familiar with vehicles and equipment warranties and shall comply with all warranty provisions in the conduct of maintenance. 5.6. Vehicle Towing: In the event that towing of a vehicle is required due to mechanical failure or damage, the Contractor shall be responsible to provide such towing at the Contractor's sole expense. 5.7. Maintenance Records and Reports: The Contractor shall prepare, maintain, and make available to the City, the CHP and/or such other regulatory agencies with jurisdiction records and data relative to vehicle maintenance. Maintenance records shall be maintained on all vehicles indicating all warranty work, preventive maintenance, and repairs performed on each vehicle. All such records and reports shall be prepared and maintained in such a manner to fulfill any applicable state or federal requirements, as well as any needs of the City to enable it to evaluate accurately the Contractor's maintenance performance and the operating expense associated with the services provided under this Agreement. The City maintains the right to inspect, examine and test, at any reasonable time, any vehicles used in performance of this Agreement and any equipment used in the performance of maintenance work in order to ensure compliance with this Agreement. Such inspection shall not relieve the Contractor of the obligation to monitor continually the condition of all vehicles and to identify and correct all substandard or unsafe conditions immediately upon discovery. The Contractor shall prepare and maintain records and reports that shall include, but not limited to, the following: A. Daily vehicle inspection and servicing checklists. B. Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed. C. Roadcall reports, or work order, for each roadcall identifying date and time, vehicle number, problem and mileage of vehicle. D. 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 roadcalls. SECTION 6. DRIVERS Drivers are required to possess a valid California Class "B" or "C" driver license for the operation of the type of vehicles to be used by that respective driver. The Contractor shall provide thorough training for all drivers for the proper performance of their duties. Drivers shall also be thoroughly trained on the use of all equipment required under this Agreement, including the Contractor's backup vehicles. 16 300 At a minimum, drivers shall be required to: wear an approved uniform of clean and neat appearance, be helpful and courteous, ensure that fares are collected and deposited in the farebox, assist senior citizens and disabled passengers, refuse rides to unruly passengers, stay on schedule, obey all traffic laws, and enforce all City Transit Passenger Rules (Exhibit G). Drivers shall not smoke in the vehicles or allow passengers to do the same. City shall have the right, contingent upon the Contractor's personnel policy guidelines, to ask for the temporary or permanent removal of any driver furnished by Contractor for any reasonable cause (not to be construed as requesting removal from Contractor's employment). Contractor shall submit a copy of its current personnel policy guidelines with this Agreement and any amendments thereto. All drivers shall be employees of Contractor and Contractor shall be solely responsible for payment of all employees' wages and benefits. Contractor, without any expense to City, shall faithfully comply with the requirements of all applicable laws with respect to employee liability, workers' compensation, unemployment insurance and other forms of social security. Contractor shall also be responsible for withholding of income tax at its source from employees' wages and, furthermore, the Contractor shall indemnify and hold harmless the City and the State of California from any liability, damages, claims, costs, and expenses of any nature arising from alleged violation of such laws. Contractor shall provide thorough training for all drivers for the proper performance of their duties. Contractor must have a training program encompassing the National Safety Council Defensive Driving Course. This program should also direct itself to dealing specifically with transporting the elderly and mobility impaired. All new employees shall receive proper training and instruction at the time of hiring and prior to being assigned to the service. This training program must be described fully and submitted to City for review within ten (10) days of Agreement approval by the City. The Contractor shall require pre-employment medical examinations, including drug and alcohol testing, for all prospective drivers and other safety sensitive employees of the Contractor. Any person who has not successfully passed such an examination shall not be permitted to operate a vehicle in any service performed under Agreement to the City. Additionally, the Contractor must have an anti-drug program established for employees under the congressionally mandated Drug-Free Workplace Act. The required anti-drug program would include, in addition to the pre-employment testing, testing after an accident, when there is reasonable cause, periodically, every two (2) years upon receipt or renewal of the Department of Motor Vehicles Medical Examiner's Certificate, and before returning to duty to perform sensitive safety functions after a positive drug test. The Contractor shall comply with the Congressionally Mandated Drug-Free Workplace Act of 1988, by providing certification that (a) the drug free workplace actions shall be implemented, and (b) those actions are being/have been implemented. 17 301 SECTION 7. BUS OPERATION RECORDS AND REPORTS The Contractor shall be required to maintain ridership and operations records for this service as deemed necessary by the City. The Contractor shall be responsible for submission of monthly service summary reports to the City. These reports, to be submitted by the Contractor within fifteen (15) days of the end of each calendar month, shall include, but not limited to, the following: A. Listing of all vehicles in service. B. Date, time, and length of time for any service disruptions. C. Corrective actions taken for breakdowns and roadcalls. D. 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 roadcalls. E. Total passenger counts by demographic category and fare (student, adult, senior citizen, disabled, etc.) by day. F. Passenger counts by payment method (cash, one-way ticket, and discounted passes) by day. G. Missed or abbreviated route trips; unusual incidents while on duty. H. From time to time, at the City's request, the Contractor shall record passenger activity per stop. SECTION 8. FARES The Summer Beach Bus is a general public transportation service and passengers must pay a fare. The Contractor shall collect fares in accordance with fare policies as set by the City. The fares collected shall be recorded and submitted to the City each service day along with the fare collection sheet for that day. Most excursion and charters sponsored by the Recreation Division, such as Camp Moorpark and Active Adult Center will not have fares that the Contractor has to collect. SECTION 9. CONTACT INFORMATION Contractor shall provide the City with emergency and after hours contact telephone numbers and pagers that the City may use as necessary to communicate with the Contractor after normal working hours. SECTION 10. RADIO COMMUNICATION The Contractor shall provide to the vehicles the necessary communication equipment to allow for communication between the driver and the Contractor's maintenance facility. • The Contractor shall notify the City, at the first available opportunity, of any vehicle breakdowns or other problems that may cause schedule delays. 18 302 SECTION 11. SPECIAL SERVICES From time to time the City may wish to expand the hours or the days of services to the community. With twenty-four (24) hours written notice, Contractor shall provide the special service using the Agreement vehicles, at the regular hourly rate. 19 303 EXHIBIT C PROPOSAL COST FORM AND ADDENDA FOR ALL SERVICES DESCRIBED IN THE SCOPE OF SERVICES In response to the Request for Proposals for Bus Excursion and Charter Services from the City of Moorpark, the undersigned agrees to provide services in accordance with these Documents, which have been carefully examined. The City, at its sole option, may contract with more than one bus operator or expand or reduce services during the term of the Agreement. Pricing shall not be adjusted if services in the Scope of Services (Exhibit B) are reduced or expanded during the term of the Agreement. If Contractor has rates that are based on specific vehicle type, Contractor shall provide a Cost Form for each identified vehicle type. Cost — Bus Excursion and Charter Services. Bus Excursions and Charter Services- Cost Per Hour FiveCost(5) Hour Each Hour Additional Year 2017 2018 2019 Indicate if Public Utilities Commission Fee of one quarter of one percent (0.25%) of daily rate is included in pricing above (circle one): YES NO The undersigned understands that any conditions placed on the items stated above, clarification made to the above, or information submitted on or with this form (other than that requested) shall render the proposal unresponsive. If awarded the Agreement, the undersigned hereby agrees to sign said Agreement and to furnish all necessary certificates. PROPOSER: CONTACT: TITLE: ADDRESS: TELEPHONE: EMAIL: SIGNATURE: TITLE: 20 304 ADDENDA Proposer must fill in number and date of all addenda or enter the word "none", if appropriate. The following addenda are acknowledged and attached: NO. DATED NO. DATED 21 305 EXHIBIT D PROPOSER REFERENCE FORMS - PARTS I AND II PART I GENERAL INFORMATION: 1. NAME 2. Proposer is a: (circle one) Corporation / Partnership /Association /Sole Proprietorship 3. Proposer's address and Telephone Number: 4. Name, Title, Telephone Number, and Email Address of Proposer's Authorized Representative: 5. Proposer's Credit References: (Include names, addresses, and telephone numbers of at lease three references, one of which must be the Proposer's bank) A. B. C. 22 306 PART II Client List for Transportation Services Currently and/or Previously Provided: 1. Client Name: Client Address: Contact Person: Telephone Number: Period of Service: 2. Client Name: Client Address: Contact Person: Telephone Number: Period of Service: 3. Client Name: Client Address: Contact Person: Telephone Number: Period of Service: 23 307 EXHIBIT E VEHICLE IDENTIFICATION FORM VEHICLE INFORMATION All Proposers shall provide the following information for each vehicle that the Proposer proposes to use in this project. Proposers must submit photographs of vehicle exteriors and depictions of interior seating configuration, to be attached to this form. 1. Primary or Backup Vehicle 2. Vehicle Mileage Date of Odometer Reading: 3. Vehicle Type/Model/Manufacturer 4. Date of Manufacture 5. Vehicle is (circle one): NEW USED 6. Passenger Seating Capacity 7. Gross Vehicle Weight Rating 8. Engine/Transmission Type 9. Overall Length 10. Exterior Width 11. Interior Height 12. Aisle Width 13. Step Height from Ground 14. Destination Signs (Describe Location and Functions): 24 308 15. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach photograph): 16. Number of Miles and Hours on Engine and Transmission Since Last Overhaul (if applicable): 17. Tire Condition: (circle one) NEW USED RECAPPED Comments: 25 309 EXHIBIT F LIST OF SUBCONTRACTORS (FILE IF APPLICABLE) Name of Subcontractor Address/Phone Items of Work 26 310 EXHIBIT G MOORPARK CITY TRANSIT RULES 1. No eating, drinking, smoking, loud noise, or animals (other than service animals) are permitted in the vehicle. 2. Passengers must have exact change. 3. California Civil Code Section 2186 and California Penal Code Section 640 shall be enforced. MOORPARK BEACH BUS SPECIFIC RULES 1. All materials (boogie boards, back packs, coolers, or other items) must be stored in the bus storage compartment during the trip to/from Zuma Beach. 27 311 EXHIBIT H AGREEMENT BETWEEN THE CITY OF MOORPARK AND , FOR THIS AGREEMENT, made and effective as of this day of , 201_, between the City of Moorpark, a municipal corporation ("City") and , a ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for bus excursion and charter services; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Contractor has submitted to City a Proposal dated , which is attached hereto as Exhibit A. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of this Agreement shall be from the date of execution to the completion of the project on December 31, 2019, unless this Agreement is terminated or suspended pursuant to this Agreement. 2. SCOPE OF SERVICES City does hereby retain Contractor, as an independent contractor, in a contractual capacity to provide bus excursion and charter services, as set forth in Exhibit B. In the event there is a conflict between the provisions of Exhibit B and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit B. Contractor shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit B. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total contract value of dollars ($ . ) as stated in , without a written amendment to the Agreement executed by both parties. Payment by City to Contractor shall be in accordance with the provisions of this Agreement. 28 312 3. DEFINITIONS "Passenger" shall mean any person utilizing the services provided by the Contractor as described in Exhibit B. "Vehicle" or "backup vehicle" shall mean a bus or van designated by the Contractor for use in providing services under this Agreement, including but not limited to a primary vehicle, an additional wheelchair accessible vehicle and a backup or replacement vehicle if needed due to a mechanical breakdown, traffic incident, or any reason whatsoever to provide transportation services under this Agreement. The backup or replacement vehicle shall be equipped with a wheelchair lift and be of the size, capacity, and design specified in Exhibit B, or, there shall be a secondary wheelchair accessible vehicle that will serve as a backup vehicle to the primary wheelchair accessible vehicle. All vehicles shall be in a safe and good working order. The City shall have the right to approve the suitability of any vehicle used by the Contractor under this Agreement. 4. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be , and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager's designee. 6. PAYMENT Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form, before payments may be made to vendors. Compensation for services to be performed by the Contractor shall not exceed the daily rate submitted in the Contractor's Cost Proposal Form in Exhibit C without additional authorization by the City. Services shall be billed in accordance with Contractor's proposal as it is accepted by the City. The City shall only pay for services actually rendered. Services rendered shall specifically exclude time for travel to and from the Contractor's storage facility and downtime for road assistance. 29 313 If the Contractor fails to complete the work, fails to provide service for an entire day, or causes a default as specified in Section 10, Liquidated Damages, the City may, at its sole option, notwithstanding other rights and remedies, assess the Contractor at the hour rate detailed in Exhibit C for the respective year and at the same rate for each fraction of an hour rounding up the nearest quarter hour, beginning at onset of service failure or time of an incident that causes service to be interrupted. This assessment shall be deducted from any payment(s) due or to become due to Contractor under the terms of this Agreement. No payment by City shall be construed as a waiver of City's rights to deduct the assessment and the assessment may be deducted from any subsequent payment. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed dollars ($ _) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall be accompanied with attachments specified in Exhibit B. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If the City disputes any of Contractor's fees or expenses it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 7. TERMINATION OR SUSPENSION WITHOUT CAUSE This Agreement, or portions thereof, may be terminated, cancelled or suspended in any one of the following manners: 1) By mutual written agreement of the parties. 2) Upon ten (10) days written notice by City or thirty (30) days written notice by Contractor, with or without cause. 3) If in the sole subjective judgment of City at any time or times after the execution of this Agreement, Contractor fails to perform the services required to be provided in accordance with the terms hereof, or fails to comply with any of the requirements and terms of this Agreement the City, upon at least seventy-two (72) hours written notice to Contractor, and without prejudice to any other 30 314 remedies the City may have, may terminate Contractor's services and any obligations the City may otherwise have under this Agreement. The written notice shall instruct Contractor to cease its. services as of a specified day, and City shall have no further obligation to pay for services tendered or otherwise after such date. 4) If in the sole subjective judgment of City at any time or times after the execution of this Agreement Contractor fails to maintain in force throughout the term of this Agreement, including any extensions thereof, the insurance coverage required herein, or Contractor effects any willful acts or omissions that endanger the public health and safety, the City may immediately, without prior notification, and without prejudice to any other remedies the City may have, suspend Contractor's services and any obligations the City may otherwise have under this Agreement. Upon receiving written notice of immediate suspension, Contractor shall have up to fourteen(14) days to cure or remedy cause for suspension; however the City may, at the City's sole discretion, terminate this Agreement within the suspension period. Should the Contractor cure or remedy the cause for suspension, and the cure or remedy is accepted, in writing, by the City, Contractor may resume services. 8. BACKGROUND CHECKS Contractor shall be registered with the Department of Justice as a Human Resources Agency. Contractor shall at a minimum perform_ background checks on drivers utilizing a vendor such as Live Scan to ensure that drivers with inappropriate backgrounds are not employed to provide services under this Agreement. Drivers shall have no felony conviction history. 9. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of f the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have fourteen (14) days after service upon it of said notice,in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this 31 315 Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. LIQUIDATED DAMAGES Contractor shall operate strictly according to the most current bus schedule provided by City and to a reasonable on-time performance standard except where service is interrupted for those reasons stated hereinafter. Service shall be provided as scheduled or according to any adjusted,schedule established by City, including route modifications required. The City may assess liquidated damages for the following defaults: A. If the driver begins or ends a route late by more than twenty (20) minutes; B. If the driver departs from a stop prior to the designated departure time; C. If the vehicle in use on the route runs out of fuel; D. If the driver deviates from a route or fails to follow the route as scheduled; E. If a vehicle is not properly inspected or cleaned prior to use on the route; F. If the driver fails to complete a route due to vehicle or driver failure, mechanical failure; G. If the driver fails to stop for a passenger at a designated stop; H. If the driver fails to pickup or assist a disabled rider that requires assistance to board and alight from the bus. The Contractor agrees that any of the above defaults will result in damage and injury to the City. The City and Contractor agree that actual damages occurring to the City because of any one or more of such defaults, on a given day, will be difficult if not impossible to ascertain with any degree of certainty or accuracy. Accordingly, the City and the Contractor have negotiated and have agreed that for each calendar day during which one or more defaults occur that the Contractor shall pay to the City, as and for liquidated damages, and not as a penalty, a sum equal to the hourly rate per vehicle compensation due to the Contractor pursuant to Exhibit C of this Agreement for each hour during which the incident causing the default occurs. Said payment for liquidated damages shall be deducted from any payments due or to become due to Contractor under the terms of this Agreement. No payment by City shall be construed as a waiver of City's right to deduct liquidated damages which may be deducted from any subsequent payment. Contractor shall be excused from performance of the above liquidated damages during the time and to the extent that Contractor 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, oil or fuel shortage, 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 the Contractor. 32 316 11. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or the City's designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 12. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents ("City Indemnitees") from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Contractor's performance of its obligations under this Agreement or out of the operations conducted by Contractor, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City's option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels' fees incurred in defense of such claims. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible 33 317 according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Contractor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 13. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit _ attached hereto and incorporated herein by this reference as though set forth in full. 14. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor 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. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 34 318 16. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735]. 17. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 19. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in 35 319 the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 20. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 21. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 22. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 36 320 24. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 25. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 26. ARBITRATION Cases involving a dispute between City and Contractor may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgment of the arbitrator. 27. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 29. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. • 37 321 30. PRECEDENCE In the event of conflict, the requirements of the City's Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Contractor's Proposal. 31. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 32. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 33. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK Steven Kueny, City Manager (Name) (Title)_ Attest: Maureen Benson, City Clerk 38 322 Exhibit INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $5,000,000 per occurrence for all covered losses and no less than $10,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $5,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability for each such person. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Contractor, subContractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of 39 323 insurance as required herein. Limits are subject to review but in no event less than $10,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and the City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right to subrogation prior to a loss. Contractor agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City's protection without the City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance 40 324 is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at the City's option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or _ self-insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Contractor, provide the same minimum insurance required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term. of the Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any 41 325 steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Contractor for the cost of additional insurance coverage required by this 42 326 Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 43 327 � Attachment 2 J� (Pu6& Worljs (Department . w.. .,,,./m-NN,--rt ; 9, MEMORANDUM i TO: Sean Corrigan, City Engineer/Public Works Director FROM: Shaun Kroes, Program Manager DATE: February 1, 2017 i { SUBJECT: Beach Bus 2016 Summary , i i The 2016 Summer Beach Bus service began June 14, 2016, and concluded on August 11, 2016. The City provided two trips per day, three days of the week, Tuesday through Thursday. Passengers were instructed that the trip they took to Zuma Beach determined their return trip. Passengers who used Trip 1 to Zuma Beach were required t to use Trip 3 to return to Moorpark. Passengers who used Trip 2 to Zuma Beach were 1 required to use Trip 4 to return to Moorpark. If the driver determined that he had enough capacity, passengers were permitted to switch their return trip. t The Beach Bus performed two roundtrips between Moorpark and Zuma Beach for 27 days. Numbers used on this report are for Summer 2016 (June—August). Technically, June 2016 is part of FY 2015/16, and any income and costs would be attributed to that fiscal year. p- I Ridership 1 Table 1: Beach Bus Season 2016 and 2015 Comparison L Summer Beach Bus 2016 DaTotal Round Average Days Total Round Trips Average Ridership Days Trips Ridership Prior Year Prior Year Prior Year k Jun-16 9 354 39 7 298 43 1. Jul-16 12 310 26 14 436 31 Aug-16 6 103 17 6 172 29 ! 27 767 28 27 906 34 i Table 1 above compares Summer 2016's ridership to Summer 2015's ridership. During 2016, there were 767 roundtrips between Moorpark and Zuma Beach. This is a 15.34% decrease over last season, when 906 roundtrips were provided. It should be noted that I the Thousand Oaks Beach Bus saw a similar decrease of ridership (14.5%) for the same time period. Moorpark's Beach Bus operated 27 days during 2016 and 2015. The average number of round trips that occurred in 2016 decreased 17.65% (from 34 round trips per day to 28 round trips per day). 328 Beach Bus Summary 2016 Page 2 Table 2: 2001 -2016 Beach Bus Passengers 2001-2016 Beach Bus Passengers(Round Trip) 2,200 2,000 1,967 1,800 1,763 1,5961,590 1,600 _ wrf ,- , !,�' 1,450 1,400 1,361 1,369 1188 , � LF ,l 1,200 1.012 ` 1111,._ - ,� 1 000 1.1111111111. _ 111 -_ 111111F " 7 859 767 600 . . . Iu •. III �■ E■ . i Iiii 400 . , 1 1 , _,1 ■ ■... ..1 ■ ,' 200I111 � I1 _11 II 1 _- :� � � � � 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Table 2 above shows the Beach Bus ridership since the Beach Bus began in 2001. Ridership peaked in 2008, with 1,967 round trips provided. This was a 185.49% increase in ridership compared to 689 round trips in 2001. Ridership in 2016 was only 11.32% higher than when the program began in 2001. The 2016 ridership was the second lowest ridership in all 16 years of the Beach Bus service. During Summer 2001, there were 689 roundtrips. Since 2001 the Beach Bus has evolved. In 2001 and 2002 the Beach Bus provided one round trip to and from Zuma Beach on Tuesdays and Thursdays. In 2003 the City increased the number of trips to two round trips per day, and began going to San Buenaventura Beach on Thursdays. Beginning in 2004, the City decided to do two roundtrips to Zuma Beach on Tuesdays and Thursdays. The City decided to stop going to San Buenaventura Beach after 2003 because ridership decreased on Thursdays, with passengers citing that San Buenaventura was colder than Zuma, and too rocky to enjoy the beach. After returning to Zuma Beach, ridership increased and the City received positive feedback from passengers. The City increased the number of days of service in 2009 to meet the anticipated demand in service. The previous year, there were frequent days when passenger demand exceeded capacity. When possible, the City provided a tripper bus to meet the demand. The extra days of service were intended to eliminate the need for a tripper bus. Although the tripper bus was not needed in 2009, there was an overall 329 Beach Bus Summary 2016 Page 3 decrease in ridership. This could have been from a number of factors, including the cooler temperatures experienced during several days of service in 2009 compared to 2008; the increase in fare in 2009 to previous years; the extra rules including pre- determined trips that may have dissuaded passengers from using the Beach Bus; and alternative summer plans for passengers as a result of the Moorpark Unified School District's decreased summer school.program. In 2010, the City decreased the number of days of service from four days per week to three days per week. Again, the City saw a decrease in ridership. This is attributed to the decrease in days of service andthe cooler summer that was experienced in 2010 compared to other years. In 2012, the City removed the photo ID requirement. Generally, public transit services do not require photo ID to use the service; consequently, the requirement was removed. In 2013, the City of Thousand Oaks implemented a Beach Bus program, similar to the City of Moorpark's. Thousand Oaks staff reported nearly 500 round trips provided in 2013, 1,040 round trips provided in 2014, 2,995 round trips in 2015, and 2,561 round trips in 2016. Program Cost In 2016, the City collected $3,762.00 in fares, compared to $4,329.00 in fares collected in 2015. This is a decrease of 13.10% in revenue. The Beach Bus Program cost $17,124.40 which included $16,874.40 in contract expenses and an additional $250.00 for the.Beach Bus Use Permit (from Los Angeles County). This is a 1.48% increase in cost. The overall farebox ratio for 2016 was 21.97%, compared to 25.69% in 2015. Bus Incidents There were no incidents on the Moorpark Beach Bus in 2016. Summer 2017 Preparation Based upon the decreasing ridership over the past few years, staff is currently evaluating potential changes to the Moorpark Beach Bus program for 2017. Specific items being evaluated are indicated in Table 3 below: Table 3: Program Evaluation Current Program Potential Adjustments Passengers given wrist bands for their Remove this requirement. return trips. Passengers who use the first Use a tripper bus if needed to return all trip to Zuma Beach will be required to use passengers back to Moorpark in the the first return trip from Zuma Beach. evening. Passengers who use the second trip to Zuma Beach will be required to.use the second return trip from Zuma Beach. This ensures all passengers can return to Moorpark without a tripper bus. 330 Beach Bus Summary 2016 Page 4 Current Program (continued) Potential Adjustments (continued) Current bus stops; Campus Canyon Reduce the number of bus stops in order School, High Street, Poindexter Park, to reduce the amount of time that the bus Arroyo Vista Recreation Center, Peach Hill spends in Moorpark in order to get to the Park. Bus currently takes approximately Beach faster. In 2016, the percentage of 40 minutes to collect all passengers from bus stop use was: Campus Canyon all stops. School (24%), High Street (8%), Poindexter Park (14%), Arroyo Vista Recreation Center (20%), and Peach Hill Park(34%). Change vehicle type. Beach Bus service has always been performed using school buses. The vehicle type allows for as many passengers as possible, has storage capacity, and is typically less expensive than other vehicle types. Buses are not air conditioned which may ', decrease - participation. Other vehicle types include motor coaches or cut-a-way vehicles which are air conditioned and have more comfortable seats. Motor coaches typically have capacity for 55 passengers; however, cut-a-ways may only have between 20-30 seats available. New recommendations will be presented to the City Manager and City Council for consideration in March 2017 in preparation for the 2017 Beach Bus program. C: Steven Kueny, City Manager { 331