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Attachment 7 Fifth Amendment ECTA Fiscal Agent Agreement

Thousand Oaks City Council
February 25, 2025

Document
Attachment 7 Fifth Amendment ECTA Fiscal Agent Agreement
Meeting
February 25, 2025
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Thousand Oaks City Council
Pages
8
Original file
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Text extracted from the city's file for reading and search. Open the original on toaks.primegov.com. That file is the official record.

DPW: 940-25\ev\Council\2025\022525\TO Transit Service Agency Agreements Att 7.docx

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Project Name: Fiscal Agent Agreement

FIFTH 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 MOORPARK, SIMI VALLEY, AND COUNTY OF VENTURA
Contract No. 10953-2015
This FIFTH AMENDMENT to the Agreement for InterCity 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, June 25, 2019, June 20, 2023, is made and entered into this 25th day of February 2025.

RECITALS
A. The above referenced Contract is intended 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. The City and Contractor previously agreed to extend the Base Contract by two years to June 30, 2025.

D. As allowed by contract, the City and Contractor have mutually agreed to again extend the Base Contract by an additional two years to June 30, 2027.

E. Exhibit C-2, attached to the Fourth Amendment was
mislabeled as C-1 and the parties wish to correct that error.

F. In addition, the parties need to revise the Schedule of Fees to cover the additional term.

G. City and the Agencies wish to increase the fare for a one-way InterCity trip.

H. City and Agencies wish to make the above referenced
amendments to the Contract while keeping all other terms intact.

ATTACHMENT #7
DPW: 940-25\ev\Council\2025\022525\TO Transit Service Agency Agreements Att 7.docx

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AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

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, 2027.

Part 2. Exhibit B-1, Scope of Services, Section 8, “Fares”, is hereby amended in its entirety to make the following fare adjustment, changing the current $6.00 per trip fare to $8.00. Such section shall now hereby read as follows:

8. Effective January 1, 2025, one-way fares for ADA trips and Senior trips shall be $8.00 per participant.”
Part 3. The Schedule of Fees attached to the Fourth Amendment and mistakenly labeled as C-1 is hereby corrected to read “Exhibit C-2.” Part 4. Exhibit C-2, Schedule of Fees, as corrected above, is hereby replaced with a new Exhibit C-3, Revised Schedule of Fees, attached hereto and incorporated herein by reference.

Part 5. All terms used in Parts 1, 2, 3 and 4 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1, 2, 3 and 4 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 Fifth Amendment to Contract as of the date set forth above.

Signatures on following pages

CITY OF THOUSAND OAKS
David Newman, Mayor
City of Thousand Oaks
ATTEST:

Laura B. Maguire, City Clerk
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APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
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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CITY OF MOORPARK
Date: ________________________
By: ________________________
Chris Enegren, Mayor
City of Moorpark
APPROVED AS TO ADMINISTRATION:

By: ________________________
Troy Brown, City Manager
ATTEST:

By: ________________________
Ky Spangler, City Clerk
DPW: 940-25\ev\Council\2025\022525\TO Transit Service Agency Agreements Att 7.docx

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CITY OF SIMI VALLEY

CITY OF SIMI VALLEY,

A MUNICIPAL CORPORATION
ATTEST:
_________________________ By: _____________________________ Lucy Blanco, City Clerk Keith Mashburn , Mayor
City of Simi Valley
APPROVED AS TO FORM:
__________________________
Algeria R. Ford, City Attorney
APPROVED AS TO CONTENT:
__________________________
Samantha C. Argabrite, City Manager
__________________________
Ronald K. Fuchiwaki
Public Works Director
_________________________
Carolyn J. Johnson
Administrative Services Director
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COUNTY OF VENTURA
_____________________________
Janice S. Parvin, Chair
Board of Supervisors
County of Ventura
ATTEST:
____________________________
DR. SEVET JOHNSON
Clerk of the Board of Supervisors
County of Ventura, State of California
By: __________________________
Mia Martinez, Clerk of the Board of
Supervisors
County of Ventura
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EXHIBIT C-3

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 payment 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 Three (July 1, 2025 – June 30, 2026):
$125.67 - MV billing rate per revenue hour
Contract Extension Year Four (July 1, 2026 – June 30, 2027):

Year Three rate plus a fixed annual rate increase of four 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.

The newly leased vehicle rate table is listed below.
*Vehicle Lease Unit Cost
(monthly)
ECTA Class A $ 1,995.19
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, and Cost Allocation expenses, billed on a proportional basis by DPW: 940-25\ev\Council\2025\022525\TO Transit Service Agency Agreements Att 7.docx

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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.

Management Fees - FY 25-26 (estimated)
Rate Quantity Unit Total Cost
Assistant Transit Planner (5.0% FTE) $ 61.09 104 Hours $ 6,353.36 Assistant Transit Analyst (5.0% FTE) $ 42.89 104 Hours $ 4,460.56 Accounting Specialist (5.0% FTE) $ 56.28 104 Hours $ 5,853.12 Maintenance & Operations (TOTC)

$163,034.55 11.34% - $18,488.12
Cost Allocation/Insurance (ECTA) $ 56,259 - - $56,259.00 Ancillary Charges (Brochures, etc.) $ 2,000 $ 2,000.00 Staff and Direct Costs $93,414.16
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 the Liquidated Damages levied and collected by the City.

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