TRAN2321.SR.ECTA.JK
CITY OF SIMI VALLEY
MEMORANDUM
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uly 17, 2023
TO
: City Council
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ROM: Department of Public Works
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UBJECT: APPROVAL OF FOURTH AMENDMENT TO THE FISCAL AGENT
AGREEMENT FOR THE EAST COUNTY TRANSIT ALLIANCE (ECTA)
INTERCITY DIAL-A-RIDE SERVICES
STAFF RECOMMENDATION
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t is recommended that the City Council approve the F ourth Amendment to the Fiscal Agent Agreement for the East Count y Transit Alliance (ECTA) InterCity Dial-A- Ride (DAR) services and approve the contract extension from July 1, 2023 to June 30, 2025, including the revised schedule of fees.
BACKGROUND AND OVERVIEW
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n June 9, 2015, the ECTA, which includes the County of Ventura and the cities of Simi Valley, Moorpark, and Thousand Oaks, entered into an agreement authorizing the City of Thousand Oaks to operate Inte rCity DAR service on behalf of ECTA by utilizing Thousand Oak’s existing contractor, MV Transportation (MV), to provide the service. The current contract with MV expired on June 30, 2023. The City of Thousand Oaks and ECTA recommend extend ing the service with MV until June 30, 2025 and adopting the revised fee schedule to remain competitive with other local operators and attract qualified staff. The Amendment also includes a revised billing method for Management Fees, which consists of wage and benefit charges, maintenance and operations costs, cost allocation expenses, and softw are expenses.
FINDINGS AND ALTERNATIVES
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he purpose of the Fourth A mendment for InterCity DAR service between the City of Thousand Oaks and other participating agencies of ECTA is to authorize the City of Thousand Oaks to extend the service contract with MV Transportation for another two years to June 30, 2025, and adopt the Revised Schedule of Fees and billing method for Management Fees. Over the years, with increasing costs, staying competitive and attracting qualified staff to maintain quality service has been challenging. The Revised Schedule of Fees addresses these increased costs. The implementation of a new billing method provides a proportional share of expenses billed to each participating agency on the basis of ridership. The Revised Schedule of Fees also includes a CPI adjustment AGENDA ITEM NO.
Consent (4)
between three and five percent for the contract period of July 1, 2024, to June 30, 2025, and memorializes a bonus payment of up to two percent to MV Transportation for exceptional service included in Amendment Three.
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taff recommends that the City Council approve the F ourth Amendment to the Fiscal Agent Agreement for the East County Transit Alliance (ECTA) InterCity Dial-A- Ride (DAR) services and approve the contract extension from July 1, 2023 to June 30, 2025, including the revised schedule of fees.
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he following alternatives are available to the City Council:
1. Approve the Fourth Amendment to the Fiscal Agent Agreement for the East County Transit Alliance (ECTA) InterCity Dial-A-Ride services to extend the contract with MV Transportation until June 30, 2025 and adopt of the Revised Schedule of Fees and billing method of Management Fees.
2. Provide staff with other direction.
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taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
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e to approve the Fourth Amendment to the Fiscal Agent Agreement for the East County Transit Alliance InterCity Dial-A-Ride services.
SUMMARY
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he East County Transit Alliance (ECTA), which includes the County of Ventura and the Cities of Simi Valley, Thousand Oaks and Moorpark, has developed an InterCity DAR program. The City of Thousand Oaks is responsible for contracting and administering the program through its contractor, MV Transportation. ECTA is recommending approval of the Fourth Amendment to the Fiscal Agent Agreement for the provision of the InterCity DAR services to extend two more years until June 30, 2025, and adopt the Revised Schedule of Fee and billing method of Management Fees to meet the increasing maintenance and operating costs.
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Ronald K. Fuchiwaki
Public Works Director
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repared by: Tan Koehler, Management Analyst (Transit)
INDEX Page
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nterCity Dial-A-Ride Fiscal Agent Agreement – Fourth Amendment .............. 3 2 TRAN2321.CON.ECTA.JK
FOURTH AMENDMENT TO FISCAL AGENT AGREEMENT
FOR INTERCITY DIAL-A-RIDE SERVICES BETWEEN CITY OF
THOUSAND OAKS AND THE PARTICIPATING AGENCIES OF
THE EAST COUNTY TRANSIT ALLIANCE CONSISTING OF
THE CITIES OF MOOR PARK, SIMI VALLEY, AND COUNTY
OF VENTURA
Contract No. 10953-2015
This FOURTH AMENDMENT to the Agreement for InterC ity Dial -A-Ride (DAR) services, entered into between CITY OF THOUSAND OAKS , a municipal corporation, (hereinafter “City”) and PARTICIPATING AGENCIES OF THE EAST COUNTY TRANSIT ALLIANCE ( hereinafter “Agencies”), dated June 9, 2015 (hereinafter “Contract”), and as amended on July 12, 2016, June 19, 2018, and June 25, 2019, is made and entered into this 20th day of June 2023.
RECITALS
A. With the Third Amendment to the Contract , the parties expressed intention for the Contract to run concurrently with the City’s contract for Transit Operations Services with MV Transportation, Inc. (“Contractor”), Contract 12072-2019 (“Base Contract”).
B. Base Contract was for a four -year period ending June 30, 2023, and permits up to two, two-year extensions.
C. As allowed by the contract, the City and Contractor have mutually agreed to extend the Base Contract by two years to June 30, 2025.
D. Increased wages and labor market forces have impacted the local labor market and existing contract specified wages are below the current market for similar agencies and positions.
E. To remain competitive with other local operators and attrac t qualified staff, Contractor needs to increase wages, at increased cost to the Contractor, resulting in rates higher than approved in Third Amendment.
F. In addition, the parties have revised the billing method for Management Fees and are in need of memorializing those changes.
G. City and Agencies wish to make the above referenced amendments to the Contract while keeping all other terms intact.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to the Contract agree to amend the Contract as described below:
3 Part 1. The City and Agencies agree to extend Contract 10935-2015 as amended for two years to reflect a new termination date of June 30, 2025.
Part 2. Exhibit C-1, Schedule of Fees, is hereby replaced with a new Exhibit C-2, Revised Schedule of Fees, attached hereto and incorporated herein by reference.
Part 3. Exhibit D, Section 3(a) Maximum Rate, CPI calculation , a new sentence at the end of the paragraph is added as follows: Year One of the first contract extension, no CPI adjustment. Year Two of the first contract extension, CPI adjustment shall not be less than three percent but shall not exceed five percent using the described calculation method above.
Part 4. All terms used in Part s 1, 2, and 3 above shall have the meanings ascribed thereto in Contract. Except as amended in Part s 1, 2, and 3 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract as written and previously amended, shall remain the same.
IN WITNESS WHEREOF, the parti es execute this Fourth
Amendment to Contract as of the date set forth above.
Attest: City of Simi Valley, A Municipal Corporation
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Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
_______________________________ _____________________________ David L. Caceres, City Attorney Brian Paul Gabler, City Manager
_______________________________ _____________________________ Johanna Medrano Ronald K. Fuchiwaki
Deputy Administrative Services Director/ Public Works Director Budget & Purchasing
4 EXHIBIT C-1
REVISED SCHEDULE OF FEES
Billing shall be calculated on a “per-ride” basis based on a revenue hour calculation according to National Transportation Database definition of “revenue hour” as exists on July 1, 2019. In addition to revenue hour expenses, City shall bill for proportional costs of fuel, vehicle leases, and vehicle maintenance. Separately, the City shall bill an annual “Management Fee” (see below). Additionally, bonus payments of up to two percent of revenue hour billings may be earned by contractor for exceptional service. Bonus payments earned by contractor will be billed by City to County at the rate earned, 0.5 – 2.0 percent, on the same proportional basis as billing, as a separate line item.
Contract Extension Year One (July 1, 2023 – June 30, 2024):
$117.10 - MV billing rate per revenue hour
Contract Extension Year Two (July 1, 2024 – June 30, 2025):
Year one rate plus CPI adjustment of not less than three and not more than five percent.
The number of billed rides shall be determined by taking the total number of rides performed (on a per-person basis, regardless of fare type) for ECTA InterCity Dial- a-Ride services in a month and applying the number of rides to each individual agency’s portion of total rides provided. For “other” rides, which are those rides not assignable to any specific agency, each agency shall share the ride costs equally (quarters). Any applicable grant offsets shall be applied on a per ride basis as billed, until grant funding is exhausted.
Each agency shall pay in the same proportion as rides for vehicle leases, maintenance, and fuel as for revenue hours as a separate charge for each item.
Any applicable grant offsets shall be applied in 12 equal credits, applied on a calendar year basis, until grant funding is exhausted.
Costs for fuel, vehicles leases, and maintenance shall be at “billed” charges by the contractor and/or the City’s Fleet Division including all usual and customary markups paid by the transit program.
City shall charge an annual Management Fee. Management Fee shall consist of wage and benefit charges for staff management and billing, proportional shares of Maintenance and Operations costs at the Transportation Center and Municipal Service Center, Cost Allocation expenses, and Trapeze Software expenses, billed on a proportional basis by ridership. Expenses shall be specific to Fund 121, Project 5550 (ECTA), or where applicable in Fund 651, Project 5550 (TOT DAR).
Billing of Management Fees will be done at fiscal year-end, as part of June invoicing. Costs are estimated only and are subject to change. Should the expected year-end costs exceed twenty percent of the estimate below, ECTA Management Committee shall be notified by City as soon as reasonably practical.
5 Management Fees - FY 23-24 (estimated)
Rate Quantity Unit Total Cost
Senior Transit Analyst (2.5% FTE) $ 86.67 26 Hours $ 4,506.84 Assistant Transit Planner (5.0% FTE) $ 58.18 104 Hours $ 3,025.36 Accounting Specialist (5.0% FTE) $ 53.60 104 Hours $ 5,574.40 Maintenance & Operations (TOTC) $155,271 11.34% - $17,607.73 Cost Allocation/Insurance (ECTA) $ 53,580 - - $53,580.00 Trapeze Expenses $ 44,961 21.25% - $ 9,554.21
Ancillary Charges (Brochures, etc.) $ 1,500 $ 1,500.00 Staff and Direct Costs $95,348.54
In the event Liquidated Damages are levied for failure to meet required Performance Measures, Agencies shall be entitled to a credit on their next monthly invoice equal to their proportional share of the Liquidated Damages levied and collected by the City.
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