ATTACHMENT #1
DPW 940-10\tn\ev\Council\2024\082724\Transit Operator Agreement Amendment Att 1.docx
Project Name: Thousand Oaks Transit Operations
FOURTH AMENDMENT TO
AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
MV TRANSPORTATION, INC.
Contract No. 12072-2019
THIS FOURTH AMENDMENT to the Agreement for General Services entered between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and MV TRANSPORTATION, INC. (hereinafter referred to as “Contractor”) entitled Transit Operations Services and dated May 21, 2019, (herein “Contract”), and amended June 1, 2020, December 17, 2021, and June 6, 2023, is made on this 10th day of September 2024.
RECITALS
A. Contract 12072-2019 commenced July 1, 2019 and was for a four-year period ending June 30, 2023, with two, two-year optional extensions. The first extension was exercised, and the Contract was extended to June 30, 2025.
B. City and Contractor have mutually agreed to extend the contract term by two years to June 30, 2027, as allowed by the terms of the contract.
C. City and Contractor desire to revise certain other terms of the Contract, including, but not limited to, those regarding leased vehicles, Customer Service staff, billing rates, annual rate adjustments.
D. City is in need of increasing the not-to-exceed contract amount from $26,600,000.00 to $43,038,278.75.
E. City and Contractor desire to make the above referenced changes to the Contract while keeping all other terms intact.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
DPW 940-10\tn\ev\Council\2024\082724\Transit Operator Agreement Amendment Att 1.docx
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Part 1. The City and Contractor agree to extend contract 12072-2019 for two years and Section 6 of Contract shall be amended to have a termination date of June 30, 2027.
Part 2. Exhibit B-1, Schedule of Fees, is hereby replaced with Exhibit B-2, attached hereto, which includes a fixed annual rate increase of four percent, newly leased vehicle rate table, and removes scheduling software table, effective July 1, 2025.
Part 3. Exhibit A, Section 21, Leased Vehicle Requirements, Subsection (A) 9, DAR and ADA, and Subsection (D) 3, Kanan Shuttle, are hereby amended in part to revise the service length of vehicles and shall now read as follows: No active vehicle shall be placed in service for more than 48 months or 150,000 miles (or electric battery hour equivalent), whichever comes first.
Part 4. Exhibit A, Section 39, is hereby amended to add the following; Performance Bond shall be $2,500,000 for the final two-year contract extension in compliance with the Performance Measures as described in Exhibit D.
Part 5. Exhibit A, Section 21-8 is hereby amended to require that Contractor shall lease or purchase a minimum of six new current model year replacement vehicles agreeable to City, on a sixty-month amortization schedule.
Part 6. Exhibit A, Section 21-4 is hereby amended to add the following: City shall reserve the right to require replacement vehicles to be battery electric zero- emission vehicles. Monthly payments for all newly leased vehicles shall be amortized over a sixty (60) month period, with payments by the City at 1/60 of the amounts per month for the 24-month term of the agreement.
Part 7. Exhibit A, Section 1-F is hereby amended to add the following; If Contractor fails to maintain call wait time standards for three consecutive months, then Contractor shall increase the minimum Customer Service Agents (CSAs) present from two to three, during the hours the Thousand Oaks Transportation Center is open to the public to answer phones and achieve requirements of the contract. Increased staffing will be at no additional cost to the City.
Part 8. Exhibit A, Section J is hereby amended to add the following; City and Contractor agree to establish the passenger per hour productivity rates at 2.35 for DAR/ADA services and 1.65 for intercity DAR ECTA services for both extension years.
Part 9. Exhibit A Section 1-F is hereby amended to add the following; City and Contractor agree that Contractor shall provide account billing support by September 30, 2024, that includes a part or full-time Accounting Manager responsible for invoicing and data management services.
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Part 10. The sum of $14,859,914.75 is added to the contract and Section 3(a) is hereby amended to read as follows:
3(a) Maximum. The total compensation earned by or payable to the Contractor by City for any and all services under this Agreement shall be $43,038,278.75. An annual fixed increase of four percent will be applied to the previous year's rates effective July first of each new fiscal year of the contract.
Part 11. All terms used in Parts 1 through 10 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1 through 9 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 parties execute this Fourth Amendment to Contract as of the date set forth above.
MV TRANSPORTATION, INC.
Kevin Klika, President - Chief Operating
Officer
Erin Niewinski, Executive Vice President -
Chief Financial Officer
CITY OF THOUSAND OAKS
Al Adam, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
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APPROVED BY DEPARTMENT HEAD:
_______________________________
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT B-2
SCHEDULE OF FEES
Effective 7/1/25
Contractor’s cost for all labor, materials, and equipment necessary to the completion of work itemized, shall be included in the unit price for various items shown herein. City reserves the right to increase or decrease the quantity of any item or omit items as may be deemed necessary and the same shall in no way affect or make void the Agreement. When increases or decreases are made, appropriate additions or deductions from the Agreement total price will be made at the stipulated unit price. Revenue Hour is as defined in the most current National Transportation Database definition of “revenue hour” for each service type provided by Contractor. This definition shall apply to all services billed unless specifically waived by City’s Project Manager or designee.
Work Description Unit Cost
(per hour)
Revenue
Hours
Annual Cost
TOT Fixed Route Bus $ 93.26 22,000 $2,051,720
TOT DAR/ADA (Leased Vehicle) $ 105.15 11,250 $1,182,938 TOT DAR/ADA (City Vehicle) $ 93.27 6,250 $ 582,938 Moorpark Fixed Route Bus $ 100.83 5,700 $ 574,731
Kanan Shuttle $150.37 3,000 $ 451,110
ECTA Inter-city DAR/ADA $125.67 7,000 $ 879,690
Special Services Variable N/A $ 40,000
Performance Incentives Variable N/A $ 200,000
TOTAL $5,963,127
Vehicle Lease (current as of
10/1/21) Units Unit Cost
(monthly)
Annual Cost
(rounded)
DAR/ADA Class A 2 $ 863.65 $ 20,728
DAR/ADA Class D 8 $ 569.76 $ 54,697
DAR/ADA Class A (newer) 1 $1,186.34 $ 14,236
ECTA Class A (newer) 1 $1,467.97 $ 17,616
ECTA Class A 4 $ 934.47 $ 44,855
Kanan Shuttle (Class E/F) 3 $2,115.91 $ 76,173
TOTAL 19 $228,305