CC Agreement No. 2023-164
INTERAGENCY "COUNTYWIDE ANNUAL WESTVIEW ANNUAL PASS" AGREEMENT
REGARDING USAGE AND FARE REIMBURSEMENT
THIS AGREEMENT DATED AS OF DECEMBER 13, 2023 (“EFFECTIVE DATE”) IS BETWEEN
THE VENTURA COUNTY TRANSPORTATION COMMISSION (VCTC) AND THE GOLD COAST
TRANSIT DISTRICT, THE CITIES OF THOUSAND OAKS, SIMI VALLEY, MOORPARK,
CAMARILLO, OJAI, AND THE HERITAGE VALLEY TRANSIT SERVICE (COUNTY TRANSIT PROVIDERS), (collectively referred to herein as "Parties").
RECITALS
This Agreement is made and entered into with respect to the following facts:
WHEREAS, The COUNTY TRANSIT PROVIDERS and VCTC provide public transportation services operating to, within, or through Ventura County; and WHEREAS, The COUNTY TRANSIT PROVIDERS and VCTC all provide fixed route bus and/or general public demand responsive transit services within, to or through Ventura County; and, WHEREAS, The COUNTY TRANSIT PROVIDERS and VCTC utilize the regional contactless fare collection system, UMO, to facilitate the collection of fares; and, WHEREAS, VCTC and the COUNTY TRANSIT PROVIDERS recognize that increased public transit use has a beneficial impact on the quality of life for the communities that are served; and WHEREAS, VCTC, utilizing the UMO system, is implementing a special fare program on behalf of the San Buenaventura Housing Authority for the residents of the Westview Village III affordable housing development to ride all public fixed -route public transportation services in the Ventura County using a pre-paid annual pass named the “Westview Village III Annual Transit Pass”; and, WHEREAS, The parties desire to enter into this Agreement to facilitate fare prepayment and transfers between transit operators' systems and thereby provide greater convenience and mobility for public transportation users of the Westview Village III housing development.
NOW THEREFORE, in consideration of their mutual obligations set forth herein, the Parties agree as follows:
1. VCTC will design and produce a countywide bus transit “annual pass” (Countywide Pass) active for 365 days.
2. The Countywide Pass shall entitle the recipient of the Westview Village III Annual Transit Pass to travel an unlimited number of times during the 365 day period indicated on the pass beginning on the first day of the State Fiscal Year on any participating public fixed- route transit operator providing services within, to or through Ventura County, that is party to this agreement.
3. VCTC will set the price of the Westview Village III Annual Transit Pass media.
4. VCTC shall notify all signa tories to this Agreement at least thirty (30) days prior to the Commission considering adoption of any fare changes that might affect the Countywide Pass program or some aspect of pass travel privileges.
CC Agreement No. 2023-164
5. VCTC will sell the Westview Village III Annual Transit Pass exclusively to the Ventura Housing Authority to provide to the residents of Westview Village III for use on transit systems operating within Ventura County.
6. At its own expense, the VCTC may conduct studies or surveys to verify the accuracy and reasonableness of any COUNTY TRANSIT PROVIDERS Countywide Pass usage data on a transit system.
7. PASS SALES DISTRIBUTION
a. VCTC will return revenues from Westview Village III Annual Pass sales to participating transit operators which carried passengers paying the transit fare with a valid Pass based on the percentage of all rides provided by the operator compared with the total number of rides provided by all participating operators for the same pass.
b. Pass revenues will be calculated annually and distributed the following year based on prior year utilization as identified above.
8. VCTC will calculate and make said payments to the COUNTY TRANSIT PROVIDERS 45 days after all Pass ridership records are collected by VCTC . The payments to COUNTY TRANSIT PROVIDERS will be made annually.
9. VCTC will report all operator usage and total revenue collected and distributed to the COUNTY TRANSIT PROVIDERS on an annual basis.
10. VCTC and The COUNTY TRANSIT PROVIDERS will evaluate the results of the Pass program after one full year of implementation.
11. Each party shall notify the other in advance of implementing plans for changes in its operations and/or services which may affect any other participating party's operations and/or services.
12. To the fullest extent permitted by law, the COUNTY TRANSIT PROVIDERS agree to indemnify and hold VCTC harmless from and against all losses, damages, actions and expenses (including attorneys' fees) on account of bodily injury to or death of any person or d amage to or loss of use of property to the extent arising from operations of the COUNTY TRANSIT PROVIDERS under the terms of this Agreement.
13. To the fullest extent permitted by law, VCTC agrees to indemnify and hold the COUNTY TRANSIT PROVIDERS harmless from and against all losses, damages, actions and expenses (including attorney's fees) on account of bodily injury to or death of any person or damage to or loss of use of property to the extent arising from operations of VCTC under the terms of this Agreement.
14. The term of this Agreement begins on the EFFECTIVE DATE and concludes at the end of 10 years from the EFFECTIVE DATE.
CC Agreement No. 2023-164
15. Any Agency may withdraw from this Agreement by providing written notice to all Parties with 90-days’ notice.
16. Additional parties to this Agreement will be added only with the agreement of all participating agencies, and will be executed through an amendment to this Agreement.
17. Notices hereunder shall be sent to the parties as follows:
TO (TRANSIT OPERATOR'S NAME):
Gold Coast Transit District
City of Simi Valley Transit
City of Thousand Oaks Transit
City of Camarillo Transit
City of Moorpark Transit
City of Ojai Transit
Heritage Valley Transit Agreement
TO VCTC:
Ventura County Transportation Commission
18. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and this Agreement, without limitation, may only be amended by mutual written consent of the parties.
19. This Agreement shall be binding upon each of the Parties hereto.
20. This Agreement shall be interpreted and construed according to the laws of the State of California, and venue shall lie in a court of competent jurisdiction in Ventura County, California.
21. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way.
22. This Agreement constitutes the entire understanding between VCTC, and the COUNTY TRANSIT PROVIDERS regarding the VCTC Intercity Pass program. This Agreement supersedes all prior oral or written negotiations, representations or agreements including, without limitation, any existing joint pass agreement(s) between the Parties. This Agreement may not be amended, nor any provision or breach hereof waived, except in writing signed by the Parties which expressly refers to this Agreement.
CC Agreement No. 2023-164
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective duly authorized officers.
VENTURA COUNTY
TRANSPORTATION COMMISSION
_____________________________
Martin Erickson, Executive Director
CITY OF CAMARILLO
_____________________________
Greg Ramirez, City Manager