HomeMy WebLinkAbout2001-06-26 - AGENDA REPORTS - LACO PUBLIC TRANS AGMT (2)CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
DATE: June 26, 2001
City Manager Approi
Item to be presented
SUBJECT: AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND THE COUNTY OF LOS ANGELES TO PROVIDE PUBLIC
TRANSPORTATION SERVICES FOR FISCAL YEAR 2001/2002
DEPARTMENT: Transportation & Engineering Services
RECOMMENDED ACTION
City Council approve the Agreement with the County of Los Angeles to provide public
transportation services; and authorize the City Manager or designee to execute the Agreement
with the County of Los Angeles, 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 unincorporated areas. This
Agreement is renewed annually, and is structurally identical to the Fiscal Year 2000/2001
contract.
This funding covers administrative, contract, marketing, and transportation services as follows:
• 25 percent of local bus service revenue hours.
• 25 percent of local Commute Connection revenue hours.
• 100 percent of the revenue hours of Marketplace/Stevenson Ranch service.
• 21 percent of commuter service revenue hours.
• 9 percent of Dial -a -Ride service revenue hours.
• Capital debt service is shared by the County using the above formulas, not to exceed
$996,400.00.
ALTERNATIVE ACTION
Other action as determined by the City Council.
Agenda Item • 9�0
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND LOS ANGELES COUNTY
June 26, 2001 — Page 2
FISCAL IMPACT
The subject agreement stipulates the manner in which the amount of such funding is
determined. The County maximum contribution is $1,529,700.00 for Fiscal Year 2001/2002.
ATTACHMENT
Los Angeles County Agreement (available in City Clerk's reading file)
TRANSIT\AGENDA\ LaagNl.dm
AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
SANTA CLARITA, a municipal corporation in the County of Los Angeles, hereinafter
referred to as "CITY," and the COUNTY OF LOS ANGELES, a political subdivision of the
State of California, hereinafter referred to as "COUNTY."
WITNESSETH
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) 2001-02; and
WHEREAS, CITY shall continue to administer the contract for SERVICES for
FY 2000-01-02; 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 programs set forth herein, CITY may
apply for and CITY may be granted incentive, bonus, or other funds, including, but not
limited to, the Los Angeles County Metropolitan Transportation Authority (MTA)
Subregional Paratransit Grant Program funds, Federal Transit 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
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 2001-02. 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 and actual administrative and
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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 thirty (30) days of approval of
invoices, and to invoice COUNTY for its jurisdictional 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 2001-02 for the purchase of the local and
commuter buses, as detailed in Section 3.K. Total debt service costs for
SERVICES for FY 2001-02 are estimated to be Nine Hundred Ninety Six
Thousand Four Hundred and 00/100 Dollars ($996,400.00).
F. Should CITY apply for BONUS for the FY 2001-02 and should BONUS be
granted to CITY. CITY and COUNTY shall share BONUS in the same
proportion as CITY and COUNTY jurisdiction ally 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 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 (3) 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 thirty (30) days of approval of invoices.
B. To pay for its jurisdictional share of the FY 2001-02 debt service for the
purchase of the local and commuter buses, less BONUS. Payment is to be
made within thirty (30) days of approval of invoice.
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(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
A. The term of the AGREEMENT shall be from July 1, 2001, through June 30,
2002.
B. CITY agrees to have contractor and/or subcontractor collect fares for
SERVICES as outlined in BROCHURE.
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 accept passes
or vouchers issued by COUNTY in lieu of cash fares specified in
BROCHURE. If it is determined that SERVICES 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
Five Hundred Twenty-nine Thousand Seven Hundred and 00/100 Dollars
($1,537,352.00), 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.
F. This AGREEMENT may be terminated by either party upon thirty (30) days
written notice with the exception of the COUNTY'S right to terminate this
AGREEMENT immediately as provided in Section RA. Upon termination,
any financial liability due CITY from COUNTY shall be paid to CITY no later
than thirty (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
ME
of SERVICES shall not be implemented without prior written concurrence by
CITY and DIRECTOR.
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.
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 2001-02. CITY may also receive Six Hundred
Sixty Three Thousand Five Hundred Sixty-five and 00/100 Dollars
($663,565.00) 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%) 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 2001-02.
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 shares 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, rename Stevenson Ranch Extension of Line 5/6, (estimated
to be Three Hundred Five Thousand Eight Hundred Thirteen and
&Z
71/100 Dollars [$305,813.71]). CITY'S estimated jurisdictional share
of the local bus service is seventy-five percent (75%) and COUNTY'S
jurisdictional share is estimated to be twenty-five percent (25%), plus
the total cost of the Line 5/6 Stevenson Ranch Extension.
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 seventy-nine percent (79%) and COUNTY'S
jurisdictional share is estimated to be twenty-one percent (21%).
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 the total ridership who are
residents of the unincorporated COUNTY areas. CITY'S estimated
jurisdictional share of paratransit services is ninety-one percent (91%)
and COUNTY'S jurisdictional share is estimated to be nine percent
(9%).
4. Debt Service on Local and Commuter Buses
BONUS available for FY 2001-02 is estimated to be Six Hundred Sixty
Three Thousand Five Hundred Sixty-five and 00/100 Dollars
($663,565.00). 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 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 2001-02 is seventy-five percent (75%), less CITY'S
jurisdictional share of BONUS received by CITY. COUNTY'S
jurisdictional share is twenty-five percent (25%), 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 2001-02 is seventy-nine percent (79%), less
In
CITY'S jurisdictional share of BONUS for commuter buses
received by CITY. COUNTY'S jurisdictional share is
twenty-one percent (21 %), 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 Forty One
Thousand Eight Hundred Fifty-nine and 00/100 Dollars [$241,859.00] for
FY 2001-02), Proposition A Discretionary, STA, Proposition C Recessionary
and Discretionary funds (estimated to total Two Million Nine Hundred Fifty
Seven Thousand Four Hundred Seventy-eight and 00/100 Dollars
[$2,957,478.00] for FY 2001-02).
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 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, 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. 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 programs 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 programs shall be as required in Appendix A. Such evidence
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shall specifically identify this AGREEMENT and shall contain express
conditions that COUNTY is to be given written notice at least forty-five (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
One Million and 00/100 Dollars ($1,000,000.00) per
occurrence.
A certificate evidencing such insurance coverage shall be filed
with DIRECTOR prior to CITY providing SERVICES
hereunder.
b) Automobile liability insurance endorsed for all owned, hired,
and nonowned vehicles in an amount at least equal to those
required by the Public Utilities Commission or the Department
of Motor Vehicles as follows:
• Seating capacity of sixteen (16) passengers or more
(including driver) Five Million and 00/100 Dollars
($5,000,000.00).
• Seating capacity of fifteen (15) passengers or less
(including driver) One Million Five Hundred Thousand
and 00/100 Dollars ($1,500,000.00).
• Taxicabs as defined by Vehicle Code, Section 27908,
a minimum of One Hundred Thousand and 00/100
Dollars ($100,000.00) per person, Three Hundred
Thousand and 00/100 Dollars ($300,000.00) per
occurrence, and Fifty Thousand and 00/100 Dollars
($50,000.00) property damage or a combined
In
single -limit of Three Hundred Thousand and 00/100
Dollars ($300,000.00).
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 employers' liability with a One Million and
00/100 Dollars ($1,000,000.00) limit, covering all persons providing
SERVICES by or on behalf of CITY and all risks to such persons
under this AGREEMENT. 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 contractor(s)
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.
in
U. Notices
Any notice or demand to be given by one (1) 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
Department of Engineering 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 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 National Transit Database (NTD)
data as required by the Federal Transit Administration (FTA) on behalf of
COUNTY. CITY shall prepare and submit quarterly and annual NTD reports,
including unincorporated COUNTY areas served, in accordance with the
FTA. CITY shall be responsible for complying with all current NTD and FTA
requirements. NTD guidelines to MTA with a copy forwarded to COUNTY.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
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executed by their respective officers, duly authorized by the CITY OF SANTA CLARITA
on , 2001, and by the COUNTY OF LOS ANGELES on 2001.
COUNTY OF LOS ANGELES
ATTEST:
VIOLET VARONA-LUKENS By
Executive Officer of the Chair, Board of Supervisors
Board of Supervisors of
the County of Los Angeles
By
DEPUTY
APPROVED AS TO FORM:
LLOYD W. PELLMAN
County Counsel
By
DEPUTY
CITY OF SANTA CLARITA
ATTEST:
-ml
MAYOR
CITY CLERK
CITY ATTORNEY
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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.
CATEMMSTACLRT0102AGR 1.wpd