HomeMy WebLinkAboutAGENDA REPORT 2017 0315 CCSA REG ITEM 10H ITEM 10.H.
CITY OF MOORPARK,CALIFOR
City Council Meeting
MOORPARK CITY COUNCIL of
AGENDA REPORT ACTION:
TO: Honorable City Council
FROM: Sean Corrigan, P.E., City Engineer/Public Works Director-'
Prepared by: Shaun Kroes, Program Manager
DATE: March 3, 2017 (CC Meeting of 03/15/17)
SUBJECT: Consider Amendment No. 2 to Agreement with City of Thousand
Oaks for Moorpark Fixed Route Operations, and Amendment No. 2 to
Agreement with City of Thousand Oaks for Moorpark Fixed Route
Maintenance
DISCUSSION
On October 6, 2016, the City of Moorpark (Moorpark) and the City of Thousand Oaks
(Thousand Oaks) amended the Moorpark Fixed Route Operations Agreement (Operations
Agreement) and the Moorpark Fixed Route Maintenance Agreement (Maintenance
Agreement) to allow Thousand Oaks to use of one of Moorpark's fixed route buses for a
short-term period (two to three weeks). Staff from Thousand Oaks has recently inquired
about a longer-term, month-to-month lease that would enable Thousand Oaks to continue
to use the bus as a spare bus for its transit service. Thousand Oaks is in the process of
preparing bid specifications for additional buses and anticipates having new buses by the
end of 2018.
Moorpark currently owns five buses (three 2010 model year buses and two, 2015 model
year buses). Moorpark operates two buses each day, with the remaining three buses
serving as backup buses should the primary buses be down for scheduled or unscheduled
maintenance. Staff anticipates that Moorpark can continue to function on a daily basis
with four buses.
The proposed Amendment No. 2 to the Maintenance Agreement (Attachment 1) would
allow Thousand Oaks to lease one Moorpark bus on a month-to-month basis for
$2,100.00 per month, plus $1.00 for each mile that the bus drives above 3,000 miles per
month. For example, if Thousand Oaks operates the bus for 3,500 miles in the month of
April, Moorpark would receive $2,600.00. In addition, Thousand Oaks would be
responsible for maintenance costs and fuel for the bus while it is in Thousand Oaks'
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Honorable City Council
March 15, 201,7
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possession. In the event that Moorpark requires use of the fifth bus, the bus would be
returned to Moorpark on a day-to-day basis, and Thousand Oaks would be able to reduce
the monthly lease rate by $70.00 per day, for each day that the bus serves Moorpark.
The proposed Amendment No. 2 to the Operations Agreement (Attachment 2) includes
reference to the bus lease and states the terms for the lease will be included in
Amendment No. 2 to the Moorpark Fixed Route Maintenance Agreement. Amendment
No. 2 to both the Operations Agreement and the Maintenance Agreement also updates
Moorpark's bus information, replacing the two, 2005 model year diesel buses that the City
previously had with two, 2015 model year compressed natural gas buses.
FISCAL IMPACT
The City will receive $2,100.00 per month for each month Thousand Oaks uses the
Moorpark bus. Staff at Thousand Oaks anticipates keeping the bus as a spare to the
end of 2018 (approximately 21 months). Moorpark would receive $44,100.00. In
addition, the City should see its monthly maintenance costs decrease, as it will have
one less bus to maintain. For example, the bus requires monthly California Highway
Patrol inspections, which cost approximately $700.00 per inspection; Moorpark would
see a maintenance savings of $14,700.00 over 21 months. Moorpark's buses were
purchased with federal transit money. Any money received from Thousand Oaks for the
bus lease must be spent on transit services and the revenue from this lease will be
placed in the Local TDA Article 8c Fund (2414).
STAFF RECOMMENDATION
1. Authorize the City Manager to sign Amendment No. 2 to the Agreement with
Thousand Oaks for Moorpark Fixed Route Operations, subject to final language
approval by the City Manager and the City Attorney; and
2. Authorize the City Manager to sign Amendment No. 2 to the Agreement with
Thousand Oaks for Moorpark Fixed Route Maintenance, subject to final language
approval by the City Manager and the City Attorney.
Attachments:
1. Amendment No. 2 (Fixed Route Maintenance)
2. Amendment No. 2 (Fixed Route Operations)
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Attachment 1
Project Name: Moorpark Fixed Route Operations and Vehicle Lease
SECOND AMENDMENT TO
AGREEMENT FOR MOORPARK FIXED ROUTE OPERATIONS
BETWEEN THE CITY OF THOUSAND OAKS
AND
CITY OF MOORPARK
CONTRACT NO. 10505-2014
THIS SECOND AMENDMENT is to that certain Agreement for General Services
entered into between the CITY OF THOUSAND OAKS, a municipal corporation,
(hereinafter "City") and CITY OF MOORPARK, a municipal corporation
(hereinafter referred to as "Moorpark") and entitled Moorpark Fixed Route
Operations, that is dated June 24, 2014, as amended by the First Amendment
approved on October 6, 2016 (herein "Agreement"). This SECOND
AMENDMENT is made and entered into this_day of , 2017.
RECITALS
A. Whereas on June 24, 2014, the City entered into an agreement with
Moorpark to provide bus operation services of five (5) Moorpark owned
transit buses effective July 1, 2014; and
B. Whereas Moorpark replaced two (2) of its diesel buses with
compressed natural gas (CNG) buses in 2016; and
C. Whereas Amendment No. 1, executed on October 6, 2016, authorized
City to use one (1) Moorpark bus for a short-term, not-to-exceed thirty
(30) days, emergency basis; and
D. Whereas City is desirous of leasing one (1) of the Moorpark buses for
use on City fixed route bus service and other services as needed on a
regular, non-emergency basis; and
E. Whereas Moorpark owns sufficient buses to accommodate City's
request and still continue Moorpark bus operations without interruption;
and
F. Whereas such a lease agreement is allowed under Federal Transit
Administration guidelines; and
G. Whereas City and Moorpark are desirous of amending the Scope of
Work under the present Contract, acknowledging the lease and that
terms and payment shall be provided for in Amendment No. 2 to the
Moorpark Fixed Route Maintenance Contract No. 10505-2014.
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AGREEMENT TO AMEND
NOW, THEREFORE, City and Moorpark agree as follows:
Part 1 Section 2 of the Agreement entitled "Description of Services" is
hereby amended to read in its entirety as follows:
The services to be performed by City are as follows:
Operation and management of Fixed Route Bus service in conjunction with
Moorpark's local transportation programs, through City's contracted transit
operator, plus lease of one vehicle, as set forth in the Scope of Work, attached
as Exhibit "A."
Part 2 Section 5 of Exhibit A of the Agreement entitled "Vehicles" is
hereby amended to read in its entirety as follows:
Moorpark has two (2) model year 2015 thirty-two (32) foot El Dorado National EZ
Rider II compressed natural gas (CNG) buses and three (3) model year 2010
thirty-two (32) foot El Dorado National EZ Rider II CNG buses.
In addition to the five (5) Moorpark-owned vehicles provided by Moorpark, City
shall be able to provide a Dial-A-Ride van subject to Moorpark's written approval
or to provide Thousand Oaks Transit bus on an emergency basis if more than
three (3) Moorpark buses are out of service.
The Moorpark City Manager may authorize the use of one (1) of Moorpark's
vehicles for City's use on an emergency basis, for a not-to-exceed time of thirty
(30) days at one time. In the event that Moorpark requires the vehicle to ensure
operation of Moorpark's route, City shall return the vehicle for Moorpark's use.
Part 3 Exhibit A, Scope of Work, is hereby amended to add a new Section
17, Bus Lease, to read as follows:
17. City will lease one of the three model year 2010 El Dorado brand buses
owned by Moorpark (exact unit to be determined by mutual agreement)
and already subject to this operations agreement. Payment conditions and
terms for the lease will be included as Amendment No. 2 to the Moorpark
Fixed Route Maintenance and Vehicle Lease (Contract No. 10505-2014.)
Part 4 The title of the Agreement is hereby changed from "Moorpark Fixed
Route Operations" to "Moorpark Fixed Route Operations and Vehicle Lease."
Part 5 All terms used in Parts 1, 2, 3, and 4 above shall have the
meanings ascribed thereto in the Agreement. Except as amended in Parts 1, 2,
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3, and 4 above, all other sections, terms, obligations, duties, clauses and
provisions of Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties execute this Second Amendment to
the Agreement as of the first date set forth above.
CITY OF MOORPARK CITY OF THOUSAND OAKS
Janice S. Parvin, Mayor Claudia Bill-de la Pena, Mayor
ATTEST:
Maureen Benson, City Clerk Cynthia Rodriquez, City Clerk
APPROVED AS TO ADMINISTRATION:
Steven Kueny, City Manager Andrew P. Powers, City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
Office of the City Attorney
Kevin Ennis Felicia Liberman
City Attorney Assistant City Attorney
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Attachment 2
Project Name: Moorpark Fixed Route Maintenance and Vehicle Lease
SECOND AMENDMENT TO
AGREEMENT FOR MOORPARK FIXED ROUTE MAINTENANCE
BETWEEN THE CITY OF THOUSAND OAKS
AND
CITY OF MOORPARK
CONTRACT NO. 10503-2014
THIS SECOND AMENDMENT is to that certain Agreement for General Services
entered into between the. CITY OF THOUSAND OAKS, a municipal corporation,
(hereinafter "City") and CITY OF MOORPARK, a municipal corporation
(hereinafter referred to as "Moorpark") and entitled Moorpark Fixed Route
Maintenance that is dated June 24, 2014, as amended by the First Amendment
approved on October 6, 2016 (herein "Agreement"). This SECOND
AMENDMENT is made and entered into this_day of March, 2017.
RECITALS
A. Whereas on June 24, 2014, the City entered into an agreement with
Moorpark to provide preventative maintenance, general maintenance,
and fueling of five (5) Moorpark owned transit buses effective July 1,
2014; and
B. Whereas Moorpark replaced two (2) of its diesel buses with
compressed natural gas (CNG) buses in 2016; and
C. Whereas Amendment No. 1, executed on October 6, 2016, authorized
City to use one (1) Moorpark bus for a short-term, not-to-exceed thirty
(30) days, emergency basis; and
D. Whereas City is desirous of leasing one (1) of the Moorpark buses for
use on City fixed route bus service and other services as needed on a
regular, non-emergency basis; and
E. Whereas Moorpark owns sufficient buses to accommodate City's
request and still continue Moorpark bus operations without interruption;
and
F. Whereas such a lease agreement is allowed under Federal Transit
Administration guidelines; and
G. Whereas City and Moorpark are desirous of amending the Scope of
Work under the present Contract, adding a not to exceed amount for
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compensation for the lease and modifying the compensation schedule
to reflect these changes.
AGREEMENT TO AMEND
NOW, THEREFORE, City and Moorpark agree as follows:
Part 1 Section 2 of the Agreement entitled "Description of Services" is
hereby amended to read in its entirety as follows:
The services to be performed by City are as follows:
Preventative maintenance, general maintenance, and fueling of Moorpark Fixed
Route Transit buses, plus lease of one vehicle, as set forth in the Scope of Work,
attached as Exhibit "A."
Part 2 Section 2 of Exhibit Aof the Agreement entitled "Vehicles" is hereby
amended to read in its entirety as follows:
Moorpark has two (2) 2015 model year thirty-two (32) foot El Dorado National EZ
Rider II compressed natural gas (CNG) buses and three (3) model year 2010
thirty-two (32) foot El Dorado National EZ Rider II CNG buses.
In addition to the five (5) Moorpark-owned vehicles provided by Moorpark, City
shall be able to provide a Dial-A-Ride van subject to Moorpark's written approval
or to provide Thousand Oaks Transit bus on an emergency basis if more than
three (3) Moorpark buses are out of service.
The Moorpark City Manager may authorize the use of one (1) of Moorpark's
vehicles for City's use on an emergency basis, for a not-to-exceed time of thirty
(30) days at one time. In the event that Moorpark requires the vehicle to ensure
operation of Moorpark's route, City shall return the vehicle for Moorpark's use.
Part 3 Exhibit A, Scope of Work, is hereby amended to add a new Section
17, Bus Lease, to read as follows:
17. City will lease one of the three model year 2010 El Dorado brand buses
owned by Moorpark (exact unit to be determined by mutual agreement)
and already subject to this maintenance agreement. The lease will include
the following conditions:
a. Lease shall be on a month-to-month basis until City is no longer in
need of leasing bus or until expiration of this Agreement, whichever
occurs first. Either party may initiate cancellation of lease upon
providing sixty (60) calendar days' advance written notice to the
other party.
Page 2 of 6 6 5
b. All costs for pre-delivery inspection, maintenance, and repair of the
leased bus, while under lease, except as noted in Section 17(i),
shall be the responsibility of the City.
c. Bus shall be maintained to the same standard as required for all
Moorpark owned buses as otherwise described in this Scope of
Work.
d. Representatives of the City and Moorpark shall inspect the
designated bus prior to commencement of the lease period to
identify all pre-existing damage. City shall not be responsible for
repair of any pre-existing damage and will be permitted a
reasonable allowance for "wear and tear" that is customary and
routine for a fixed route bus in revenue service while under lease by
the City. City shall not be responsible for replacement of any item of
wear which has less than 25 percent (25%) of useful life remaining,
for example: tires, brakes, fluids, and other items identified as a
"consumable" part requiring routine replacement through age or
mileage. City shall return bus to Moorpark with all wear items
having at least 25 percent useful life remaining or will replace the
wear item at the City's expense prior to return of the bus to
Moorpark at conclusion of lease.
e. City shall not have any responsibility for repairs to or replacement
of the bus wrap except in the event the vehicle is involved in an
accident while under the control of City or as otherwise required
under this Contract.
f. City shall be permitted to make minor interior and exterior
alterations to the leased bus, with prior written approval from
Moorpark, to accommodate necessary equipment installation,
including, but not limited to: fareboxes, automated passenger
counters, and other transit technology. Equipment installed in the
bus prior to lease shall, at the option of the City, be removed by
City at its expense and stored at City expense until such time as
the bus is returned to Moorpark. All costs to re-install removed
equipment shall be at the City's expense.
g. City may remove, replace, and/or cover any exterior identifying
logos, seals, or graphics. City shall use reasonable care when
removing any exterior graphics but shall not be responsible for any
damage to bus wrap as the existing wrap has exceeded its life
expectancy. City shall be responsible for damage to bus wrap that
results from any vandalism or traffic accidents that occur while bus
is under City's operation.
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h. Moorpark shall provide City reasonable access to installed security
camera system by providing software necessary to view recorded
images and audio and shall provide one spare drive for the
recording system.
At City expense, Moorpark will permit City to reprogram automated
voice announcement system (AVAS) equipment to City service
standards and City agrees to return the AVAS equipment to
Moorpark standard at lease termination.
•
j. In the event Moorpark should require the use of the leased bus to
maintain service as required under the terms of Contract 10505-
2014, Moorpark Fixed Route Operations, the City shall make the
bus available to Moorpark on a day-by-day arrangement. Within
this time period, the City shall receive a lease credit as described in
Schedule of Fees and shall not be responsible for any repairs
required as a result of use of the bus on Moorpark service. In the
event the leased bus is returned to Moorpark temporarily under this
section, it is understood that any City-made modifications shall
remain in place.
Part 4 Section 3 of the Agreement entitled "Compensation and Payment"
is hereby amended to read in its entirety as follows:
(a) Compensation Fees to City for those services and expenses set
forth in the Schedule of Fees, attached as Exhibit "B", shall be calculated as set
forth therein. Fees to Moorpark for those services and expenses set forth in the
Schedule of Fees, attached as Exhibit "B", shall be calculated as set forth therein
and shall not exceed $60,000 (hereafter the "Not to Exceed" amount)for the term
of the Agreement. The fees set forth in the exhibit shall be binding upon
Moorpark and City for the term of this Agreement unless both parties agree in
writing to changes.
(b) Invoice and Payment All payments due to City shall be made
within thirty (30) days after receipt of written verification from City of the actual
compensation earned, in a form satisfactory- to Moorpark. City shall address
invoices to Moorpark as follows:
Moorpark Public Transit Division
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
All payments due to Moorpark shall be made within thirty (30) days after receipt
of written verification from Moorpark of the actual compensation earned, in a form
satisfactory to City. Moorpark shall address invoices to City as follows:
Page4of6 67
City of Thousand Oaks
Public Works Department
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Part 5 Exhibit B, Schedule of Fees, is hereby amended to add the
following paragraphs:
Schedule of Fees
City shall pay to Moorpark the sum of two thousand one hundred dollars
($2,100.00) per month (or seventy dollars ($70.00) per day) for the lease
of and City's exclusive use of one (1) Moorpark owned bus. Lease rate
shall include 3,000 miles per month.
Should the City under the terms of Exhibit A, Section 17, be required to
relinquish bus temporarily to support Moorpark fixed route operation,
Moorpark shall credit City the sum of seventy dollars ($70.00) per day for
each day bus is not available for City's use in any given month.
Additionally, any repair or maintenance required directly attributable to
Moorpark's use of the leased vehicle shall be the responsibility of
Moorpark except as noted.
Should the City in any one month exceed 3,000 miles, City shall pay to
Moorpark the additional sum of one dollar $1.00 per excess mile. City
shall provide Moorpark a monthly report that includes the monthly miles,
including the odometer reading on the first day of the month and the last
day of the month.The report shall be provided by the fifteenth day of the
month.
Moorpark shall invoice City for lease of the bus. City shall pay Moorpark
within thirty (30) days of receipt of Moorpark's invoice.
Part 6 The title of the Agreement is hereby changed from "Moorpark Fixed
Route Maintenance" to "Moorpark Fixed Route Maintenance and Vehicle Lease."
Part 7 All terms used in Parts 1, 2, 3, 4, 5, and 6 above shall have the
meanings ascribed thereto in the Agreement.. Except as amended in Parts 1, 2,
3, 4, 5, and 6 above, all other sections, terms, obligations, duties, clauses and
provisions of Agreement shall remain in full force and effect..
IN WITNESS WHEREOF, the parties execute this Second Amendment to
the Agreement as of the date first set forth above.
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CITY OF MOORPARK CITY OF THOUSAND OAKS
Janice S. Parvin, Mayor Claudia Bill-de la Pena, Mayor
ATTEST:
Maureen Benson, City Clerk Cynthia Rodriquez, City Clerk
APPROVED AS TO ADMINISTRATION:
Steven Kueny, City Manager Andrew P. Powers, City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
Office of the City Attorney
Kevin Ennis Felicia Liberman
City Attorney Assistant City Attorney
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