HomeMy WebLinkAbout1998-09-08 - AGENDA REPORTS - LACO TRANSPORTATION (2)CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
DATE: _ September 8, 1998
City Manager Approvy
Item to be presented by: Ron Kilcoyne (T/7
SUBJECT: AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND THE
COUNTY OF LOS ANGELES TO PROVIDE PUBLIC TRANSPORTATION
SERVICES FOR FY 1998/99
DEPARTMENT: Transportation & Engineering Services
RECOMMENDED ACTION
City Council approve and authorize the City Manager to execute the agreement with the County of
Los Angeles to provide public transportation services, subject to City Attorney approval.
BACKGROUND
In August 1991, the City assumed responsibility for public transportation services in the Santa
Clarita Valley from the County of Los Angeles Department of Public Works. The County assumes
responsibility for providing funding for service in those areas not located within the City.
This funding covers administrative, contract, marketing and transportation services as follows:
• 25% of local bus service revenue hours operating in County, not to exceed $836,000
• 100% of the revenue hours of Marketplace/Stevenson Ranch service, not to exceed $220,000
• 21% of commuter service revenue hours, not to exceed $290,000
• 9% of Dial -A -Ride service revenue hours, not to exceed $165,900
• Capital debt service is shared by the County using the above formulas, not to exceed
$122,500
ALTERNATIVE ACTION
No alternative action identified by staff.
Agenda Item:-&
AGREEMENT BETWEEN THE C]TY OF SANTA CLAR]TA
AND LOS ANGELES COUNTY
September 8, 1998 — Page 2
FISCAL IMPACT
The subject agreement amendment stipulates the manner in which the amount of such funding is
determined. The County maximum contribution for transit service is estimated to be $1,634,400 for
fiscal year 1998/99.
ATTACHMENT
Los Angeles County Agreement is available in City Clerk's reading file
Vh itlagenda\I agr%.dw
A G R E E M E N T
THIS AGREEMENT is between the CITY OF SANTA CLARITA,
hereinafter referred to as "CITY", and the COUNTY OF LOS ANGELES,
hereinafter referred to as "COUNTY."
W I T N E S. E T H
WHEREAS, CITY AND COUNTY agree that it is in the public
interest to continue to provide various forms and modes of public
transportation services, including a system of local bus passenger
service, commuter bus service, and paratransit service for the
elderly, persons with disabilities and the general public,
hereinafter referred to as "SERVICES", to serve the public in the
Santa Clarita Valley (SCV); and
WHEREAS, CITY and COUNTY desire to continue SERVICES through
Fiscal Year (FY) 1998-99; and
WHEREAS, CITY shall continue to administer the contract for
SERVICES for FY 1998-99; and
WHEREAS, CITY and COUNTY propose to finance their respective
jurisdictional shares of the total actual costs of SERVICES
including contract, administration and marketing costs; and
WHEREAS, because of CITY/COUNTY joint program set forth
herein, CITY may apply for and CITY may be granted incentive, bonus
or other funds including, but not limited to, Los Angeles County
Metropolitan Transportation Authority (MTA) Subregional Paratransit
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Grant Program Funds; Federal Transportation Administration (FTA)
Section 9 Capital and Operating Funds; Congestion Management Air
Quality (CMAQ) Funds; Proposition A Discretionary Funds; State
Transit Assistance (STA) Funds; Proposition C Recessionary or
Discretionary Funds, all hereinafter referred to as "BONUS:" and
WHEREAS, CITY has obtained a grant, hereinafter referred to as
"GRANT", from the Antelope Valley Transit Authority, hereinafter
referred to as "AVTA", as evidenced by the certain Letter of
Agreement No. 207 -CM -6-93-94, hereinafter referred to as "LOA",
dated November 16, 1993, executed by the MTA and AVTA and that
certain Amendment No. 1 to LOA, dated June 1, 1996, executed by the
MTA and AVTA (as amended) and by reference incorporated herein, and
as evidenced by the Loan Agreement and Assignment and Assumption
Agreement between CITY and AVTA to transfer grant responsibility
from AVTA to CITY and outline repayment schedule and by reference
is incorporated herein, and the Acknowledgment and consent between
MTA and AVTA approving the grant transfer, and by reference
incorporated herein;.and
WHEREAS, COUNTY paid in full in FY 1997-98 its one-time
jurisdictional share of the local match of GRANT, for the purchase
of seven new Gillig vehicles, as detailed in Section 3.K. and has
met its jurisdictional obligation of said purchase.
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NOW, THEREFORE, in consideration of the mutual benefits to be
derived by CITY and COUNTY and of the premises herein contained, it
is hereby agreed as follows:
(1) CITY AGREES:
A. To administer the contract for SERVICES for FY 1998-99.
The Santa Clarita Public Transportation System brochure,
as periodically revised by CITY,' hereinafter referred to
as "BROCHURE", describes SERVICES in detail, and by
reference is incorporated herein.
B. To provide COUNTY with a detailed monthly cost and
revenue report for SERVICES. Report shall include
contract, actual administrative and marketing costs
broken down by service and jurisdiction.
C. To provide COUNTY with. a detailed monthly ridership
report for SERVICES, broken down by service and
jurisdiction.
D. To review and approve all contract invoices for SERVICES;
to pay service provider directly for the net contract
costs of SERVICES (total contract costs less farebox
revenue, where applicable) within 30 days of approval of
invoices and to invoice COUNTY for its jurisdictional
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share of the total cost of SERVICES, including contract,
administration and marketing costs, less BONUS, on a
quarterly basis.
E. To invoice COUNTY for its jurisdictional share of the
debt service costs for SERVICES, less BONUS, for FY 1998-
99 for the purchase of the local and commuter buses,.as
detailed in Section 3.K. Total debt service costs for
SERVICES for FY 1998-99 are estimated to be One Million
Six Hundred Twenty Six Thousand Dollars ($1,626,000).
F. Should CITY apply for BONUS for the FY 1998-99 and should
BONUS be granted to CITY, CITY, and COUNTY shall share
BONUS in the same proportion as CITY and COUNTY
jurisdictionally share in service for which BONUS is
received. CITY shall deduct COUNTY'S share of BONUS from
COUNTY'S quarterly jurisdictional cost of SERVICES for
the particular service for which BONUS was received.
CITY shall deduct COUNTY'S share of BONUS from COUNTY'S
jurisdictional share of debt service costs as applicable.
BONUS may cover up to eighty percent (80%) of debt
service costs. Should BONUS exceed the allowable debt
service costs, the. excess BONUS shall be applied to
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reduce the cost of other allowable projects upon mutual
written consent of CITY and COUNTY.
G. To maintain operating and fiscal records as necessary to
comply with MTA Proposition A Requirements and procedures
and to maintain all records on file for a minimum of
three years following this AGREEMENT.
(2) COUNTY AGREES:
A. To review and approve invoices submitted by CITY to
COUNTY for COUNTY'S jurisdictional share of the total
cost of SERVICES, less BONUS and fares, and to pay CITY
within 30 days of approval of invoices.
B. To pay for its jurisdictional share of the FY 1998-99
debt service for the purchase of the local and commuter
buses, less BONUS. Payment is to be made within 30 days
of approval of invoice.
(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
A. The term of the AGREEMENT shall be from July 1, 1998
through June 30, 1999.
B. CITY agrees to have contractor and/or subcontractor
collect fares for SERVICES as outlined.in BROCHURE.
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Any fare revenue collected shall be retained by
contractor and/or subcontractor to partially fund total
operating costs. CITY agrees, upon request of COUNTY, to
have contractor and/or subcontractor, accepted passes or
vouchers issued by COUNTY in lieu of cash fares specified
in BROCHURE. If it is determined that SERVICE may be
improved by revisions to fares, COUNTY and CITY may plan
and institute such changes jointly upon mutual written
consent within the terms of this AGREEMENT after holding
any public hearing(s) as required by law.
C. CITY and COUNTY will finance their jurisdictional shares
of the total costs of SERVICES, less BONUS and fares.
D. COUNTY'S total maximum obligation under this AGREEMENT is
One Million Six Hundred Thirty-four Thousand Four Hundred
Dollars ($1,634,400) less COUNTY'S jurisdictional share
of any BONUS received.
COUNTY'S obligations under this AGREEMENT are subject to
availability of funds in its budgets for the term of this
AGREEMENT.
E. AGREEMENT may be amended upon mutual written consent of
CITY and COUNTY.
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F. This AGREEMENT may be terminated by either party upon 30
days written notice, with the exception of the COUNTY'S
right to terminate this AGREEMENT immediately as provided
in Section R.4. Upon termination, any financial
liability due CITY from COUNTY shall be paid to CITY no
later than 30 days upon receipt of invoice.
G. Any revisions to SERVICES, including, but not limited to,
fares, routes, schedule or other operating functions,
proposed by either CITY or COUNTY shall not be
implemented without prior written concurrence by both
CITY and the Director of the Los Angeles COUNTY
Department of Public Works or his designee, hereinafter
referred to as "DIRECTOR"
H. Any revisions to SERVICES which affect the jurisdictional
share of the cost of SERVICES shall not be implemented
without prior written concurrence by CITY and DIRECTOR.
I. The total actual costs of SERVICES as referred to in this
AGREEMENT, and as described in BROCHURE, includes the
amount paid to CITY'S contractor(s) for SERVICES, CITY'S
costs to administer SERVICES contract(s) and CITY'S cost
of marketing SERVICES.
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J. If, at any time during the term of this AGREEMENT or at
any time after the expiration or termination of this
AGREEMENT, authorized representatives of COUNTY conduct
an audit of SERVICES and if such audit finds that
COUNTY'S dollar liability for SERVICES is less than
payments made by COUNTY to CITY, the CITY agrees that the
difference shall be either: (1) repaid forthwith by
CITY to COUNTY by cash payment, or (2) at DIRECTOR'S
option, credited against any future payments hereunder to
CITY. If such audit finds that COUNTY'S dollar liability
for SERVICES is more than payments made by COUNTY to
CITY, then the difference shall be paid to CITY by COUNTY
by cash payment, provided that in no event shall COUNTY'S
obligation as set forth in this AGREEMENT be exceeded.
K. That COUNTY, pursuant to the terms and obligations of
this AGREEMENT, shall be responsible for its
jurisdictional share of the debt service for the local
and commuter buses for FY 1998-.99. CITY may also
receive One Million Two Hundred Ninety -One Thousand Eight
Hundred Thirty-three Dollars ($1,291,833) in FTA Section
9 Capital Funds to fund a portion of the cost of the
debt service. BONUS may cover up to eighty percent (80%)
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of allowable debt service costs. These funds will be
used to reimburse CITY'S and COUNTY'S jurisdictional
share of the debt service for FY 1998-99. Should BONUS
exceed the allowable debt service costs, the excess BONUS
shall be applied to reduce the cost of other allowable
project(s) upon mutual written consent of CITY and
COUNTY.
L. The CITY'S and COUNTY'S jurisdictional share of the total
actual costs of SERVICES shall be determined as follows:
1. Local Bus Service
CITY'S jurisdictional share shall be equal to the
ratio of service revenue miles traveled in CITY to
the total system revenue miles traveled. COUNTY'S
jurisdictional share shall be equal to the ratio of
service revenue miles traveled in COUNTY to the
total system service revenue miles traveled, plus
the total cost of the expansion- of Line 35
(estimated to be Two Hundred Twenty Thousand
Dollars [$220,0001). CITY'S estimated
jurisdictional share of the local bus service is 75
percent and COUNTY'S jurisdictional share is
461
estimated to be 25 percent plus the total cost of
the Line 35 expansion
2. Commuter Bus Service
CITY'S jurisdictional share shall be equal to the
percentage of the total ridership who are CITY
residents. COUNTY'S jurisdictional share shall be
equal to the percentage of the total ridership who
are residents of the unincorporated COUNTY areas.
CITY'S estimated jurisdictional share is
79 percent, and COUNTY'S jurisdictional share is
estimated to be 21 percent.
3. Paratransit Services
CITY'S jurisdictional share shall be equal to the
percentage of the total ridership who are CITY
residents. COUNTY'S jurisdictional share shall be
equal to the percentage of thetotal ridership who
are residents of the unincorporated COUNTY areas.
CITY'S estimated jurisdictional share of
paratransit services is 91 percent and COUNTY'S
jurisdictional share is estimated to be 9 percent.
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4. Debt Service on Local and Commuter Buses
BONUS available for FY 1998-99 is estimated to be
One Million Two Hundred Ninety-one Thousand Eight
Hundred Thirty-three Dollars ($1,291,833). BONUS
may cover up to eighty percent (80%) of debt
service costs. Forty-nine percent of BONUS is to
be applied to the local bus debt service and 51
percent of BONUS is to be applied to the commuter
bus debt service. Should BONUS exceed the
allowable debt service costs, the excess BONUS
shall be applied to reduce the cost of other
allowable project(s) upon mutual written consent of
CITY and COUNTY.
a. Local Buses
CITY'S jurisdictional share of the debt
service for local buses for the FY 1998-99 is
75 percent, less CITY'S jurisdictional share
of BONUS received by CITY. COUNTY'S
jurisdictional share is 25 percent, less
COUNTY'S jurisdictional share of BONUS for
local buses received by CITY.
b. Commuter Buses
CITY'S jurisdictional share of the debt
service for commuter buses for FY 1998-99 is
79 percent, less CITY'S jurisdictional share
of BONUS for commuter buses received by CITY.
COUNTY'S jurisdictional share is 21 percent
less COUNTY'S jurisdictional share of BONUS
for commuter buses received by CITY.
M. CITY will apply for BONUS, including, but not limited to,
an MTA Subregional Paratransit Grant Program Fund
(estimated to total Two Hundred Nineteen Thousand One
Hundred Ninety-one Dollars ($219,191) fbr FY 1998-99),
Proposition A Discretionary, STA, FTA Section 9 Capital
and Operating Funds, CMAQ Funds, Proposition C
Recessionary and Discretionary Funds (estimated to total
One Million Six Hundred Ninety Thousand Eight Hundred
Seventeen Dollars [$1,690,817] for FY 1998-99).
N. CITY shall be excused from performance hereunder during
the time and to the extent that it is prevented from
performing in the customary manner by forces of nature,
fire, strike, loss of funding or commandeering of
materials, products, plants, or facilities by the
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Government, when satisfactory evidence thereof is
presented to COUNTY.
O. The Assumption of Liability Agreement between the COUNTY
and CITY, dated December 15, 1987, is not in effect for,
made a part of or incorporated into this AGREEMENT.
P. CITY shall indemnify, defend and hold harmless COUNTY,
its officers, agents and employees, from and against any
and all liability, expense, including defense costs and
legal fees and claims for damages of any nature
whatsoever, including, but not limited to, bodily injury,
death or property damage arising from or connected with
CITY'S maintenance of equipment or its operation of
SERVICES hereunder, or the operations of services of its
contractor(s) and/or subcontractor(s) hereunder,
including any workers' compensation suits, liability, or
expense arising from or connected with SERVICES performed
by or on behalf of CITY or its contractor(s) and/or
subcontractor(s) by any person pursuant to this AGREEMENT
or from any negligent or intentional act or omission of
CITY, its officers, agents and employees in the
performance of this AGREEMENT.
Q. COUNTY shall indemnify, defend and hold harmless CITY,
its officers, agents and employees, from and against any
and all liability, expense, including defense costs and
legal fees and claims for damage of any nature
whatsoever, including, but not limited to, bodily injury,
death or property damage arising from or connected with
COUNTY'S performance under this AGREEMENT or from any
negligent or intentional act or omission of COUNTY, its
officers, agents and employees in the performance of this
AGREEMENT.
R. Without limiting CITY'S indemnification of COUNTY, CITY
shall provide and maintain at its own expense or ensure
that its contractor(s) and/or subcontractor(s) provide
and maintain during the term of this AGREEMENT the
following program(s) of insurance covering its operations
hereunder. Such insurance shall be provided by insurers
satisfactory to COUNTY and evidence of such programs
satisfactory to COUNTY shall be delivered to DIRECTOR on
or before the effective date of this AGREEMENT. Evidence
of insurance program shall be as required in Appendix A.
such evidence shall specifically identify this AGREEMENT
and shall contain express conditions that COUNTY is to be
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given written notice at least 45 days in advance of any
modifications or termination of any program of insurance.
1. Liability. Such insurance shall be primary to and
not contributing
with
any
other insurance
maintained by COUNTY
and
shall
name COUNTY and its
officers, agents and
employees
as
additional
insured while acting
within the
scope
of their
duties but only as to work performed by CITY or its
contractor(s) and/or subcontractor (s) under this
AGREEMENT. Such insurance shall include, but not
be limited to:
a) General liability insurance endorsed for
contractual, independent contractor, broad
form property damage and personal injury with
a combined single limit of not less than
$1,000,000 per occurrence.
A certificate evidencing such insurance
coverage shall be filed with DIRECTOR prior to
CITY providing SERVICES hereunder.
b) Automobile liability insurance endorse for all
owned, hired, and nonowned vehicles in an
amount at least equal to those required by the
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Public Utilities Commission or the Department
of Motor Vehicles as follows:
• Seating capacity of 16 passengers or more
(including driver) $5,000,000.
• Seating capacity of 15 passengers or less
(including driver) $1,500,000.
• Taxicabs as defined by Vehicle Code
Section 27908 a minimum of $100,000 per
person, $300,000 per occurrence, and
$50,000 property damage or a combined
single limit of $300,000.
A certificate evidencing such insurance
coverage shall be filed with DIRECTOR
prior to CITY providing SERVICES
hereunder.
2. Workers' Compensation. A program of workers'
compensation insurance in an amount and form to
meet all applicable requirements of the Labor Code
of the State of California including Employer's
Liability with a $1,000,000 limit, covering all
persons providing SERVICES by or on behalf of CITY
and all risks to such persons under this AGREEMENT.
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A certificate evidencing such insurance coverage
shall be filed with DIRECTOR prior to CITY
providing SERVICES hereunder.
3. City Contractor(s) and/or Subcontractor(s).
Insurance requirements stated above apply to all
CITY contractors) and/or subcontractor(s) as well
as CITY, provided, however, that COUNTY will accept
evidence from CITY of self-insurance programs which
meet requirements stated above.
4. Failure to Procure Insurance. Failure on the part
of CITY to procure or maintain required insurance
shall constitute a material breach of contract upon
which COUNTY may immediately terminate this
AGREEMENT.
S. Safety Program
CITY shall provide or require regular and continuous
formal safety instruction for all operating personnel
assigned to perform any activities under this AGREEMENT,
who shall be required to attend regularly scheduled
safety meetings at least twice a year.
T. Independent Program
This AGREEMENT is by and between COUNTY and CITY and is
not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership,
joint venture or association, as between COUNTY and CITY.
U. Notices
Any notice or demand to be given by one party to the
other shall be given in writing and by personal delivery
or prepaid first-class, registered or certified mail,
addressed as follows:
If to CITY: City of Santa Clarita
Public Works and Transportation
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355-2196
If to COUNTY: Department of Public Works
Programs Development Division
900 South Fremont Avenue
Alhambra, CA 91803-1331
Any such notice shall be deemed to have been given upon
delivery, if personally delivered, or, if mailed, upon
receipt or upon expiration of three (3) business days
from the date of posting, whichever is earlier. Either
party may change the address at which it desires to
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receive notice upon giving written notice of such request
to the other party.
Notice simply to the City of Santa Clarita or to the
COUNTY of Los Angeles or any other department is not
adequate notice.
V. National Transit Database (NTD)
CITY shall be responsible for collection of NTD data
(formally Section 15) on behalf of COUNTY. CITY shall
prepare and submit quarterly and annual NTD reports,
including unincorporated COUNTY areas served, in
accordance with the Federal Transit Administration NTD
Guidelines to the MTA with a copy forwarded to COUNTY.
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IN WITNESS WHEREOF, the parties hereto have caused the
Agreement to be executed by their respective officers, duly
authorized by the CITY OF. SANTA CLARITA on , 1998
and by the COUNTY OF LOS ANGELES on 1998.
ATTEST:
JOANNE STURGES
Executive Officer of
the Board of Supervisors
M
Deputy
APPROVED AS TO FORM:
LLOYD W. PELLMAN
County Counsel
Deputy County Counsel
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COUNTY OF LOS ANGELES
BY
Chair, Board of Supervisors
ATTEST:
CITY OF SANTA CLARITA
M
0
City Clerk
Mayor
APPROVED AS TO FORM:
0
City Attorney
APPENDIX A
EVIDENCE OF INSURANCE PROGRAMS
CITY shall submit to COUNTY evidence of satisfactory insurance
programs and vehicle(s) information as required below:
1. Certificate of insurance which specifically identifies this
AGREEMENT and which includes, but not be limited to, the
following:
a. Full name of the insurer.
b. Name and address of the insured and, if E&D SERVICE and
GP SERVICE is provided in whole or in part by taxicabs,
the taxicabs' operator's name.
C. Insurance policy number.
d. Type(s) and limit(s) of liability coverage.
e. Certificate issue date.
f. Certificate expiration date.
g. Condition that the insurer shall notify COUNTY in writing
at least 45 days prior to any modification or
cancellation or termination of any insurance program.
Statements to the effect that the issuing company will
"endeavor to mail notice" or "intends to notify" are not
acceptable.
h. Signature of an agent authorized to do business with the
insurer.
2. The following information for each of the insured vehicle(s):
a. Vehicle make.
b. Vehicle model.
C. Vehicle year.
d. Vehicle license number.
e. Vehicle identification number.
f. Vehicle seating capacity.
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