HomeMy WebLinkAbout2009-07-14 - AGENDA REPORTS - FOUR 45 FOOT COMMUTER BUSES (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: /9
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
July 14, 2009
Darren Hernandez
ASSIGNMENT AGREEMENT WITH YOLO COUNTY
TRANSPORTATION DISTRICT AND CONTRACT WITH
MOTOR COACH INDUSTRIES FOR THE PURCHASE OF FOUR,
45 -FOOT COMMUTER BUSES
Administrative Services
RECOMMENDED ACTION
City Council:
Authorize the City Manager or designee to execute an Assignment Agreement with Yolo
County Transportation District, waive the formal bid process, and negotiate and execute the
contract with Motor Coach Industries (MCI) for the purchase of four, 45 -foot buses, in an
amount not to exceed $2,687,761, subject to City Attorney approval.
2. Authorize the City Manager or designee to execute a Memorandum of Understanding with
the Los Angeles County Transportation Authority (Metro) for the acceptance of Proposition
113 Transit Modernization Bridge Funding, in the amount of $1,437,761, to be applied to the
purchase of said vehicles.
3. Appropriate $1,437,761 to account 12400-5201.003. Increase the grant revenue account
700-4621.001 by $1,437,761.
4. Approve the carry-over of $1,250,000 from Fiscal Year 2009 budget account
12400-5201.003, and increase grant revenue account 700-4424.009 by $1,000,000 and
MOSIP revenue account 700-4422.007 by $250,000.
Ap,rflowEu
BACKGROUND
In order to continue to meet the demand for commuter services to and from the Santa Clarita
Valley, the City's Transit Division is in need of four additional 45 -foot commuter buses. Two
buses were approved in the Fiscal Year (FY) 2008-09 budget, and up to five additional buses are
programmed with the Federal Transit Administration (FTA) for replacement in FY 2009-10. If
approved by Council, the request herein would permit staff to purchase the two buses provided
for in the previous year's budget and purchase two of the five buses planned for replacement this
fiscal year.
Staff proposes that in lieu of issuing a Request for Proposal (RFP), the City Council approve the
Assignment Agreement with Yolo County Transportation District (Yolo). This agreement
assigns the City the rights under the option provision of Yolo's existing contract to purchase four
commuter buses. Subsequent to this approval, staff recommends approval of a contract with
MCI for the manufacture of the buses. By assuming the option of an existing contract, the City
realizes considerable time and cost savings. The RFP process, which can consume three to six
months, is averted. Additionally, the price paid by the City is based upon the price already
negotiated by Yolo as part of a much larger procurement. Staff also conducted a price analysis to
ensure the most advantageous offer to the City. The option approach to acquisition is prevalent
within the transit industry and is commonly accepted by the Federal Transit Administration.
ALTERNATIVE ACTIONS
Direct staff to issue a Request for Proposal for the procurement of four, 45 -foot commuter
buses.
2. Other action as determined by the City Council.
FISCAL IMPACT
There is no impact to the General Fund with this procurement. For two of the four buses, the
City has Federal 5307 transit grants programmed to cover 80% of the total contractual cost of the
buses, and the remaining twenty percent (20%) required local match will come from MOSIP.
The remaining two buses will be funded entirely by the Proposition 1 B grant.
The total contract for the manufacture of the buses shall not exceed $2,687,761.
ATTACHMENTS
Prop 1 B MOU
WAM
MOU # M0U.1)CQ8SAC'7
,NIMCIKANDUM OF UNDERSTANDING
FOR PROPOSITION 1B TR NS1T MODERNIZATION RNIZATION BRIDGE FUNDING
'Phis Nlemorandun) of Ujiderstanding, liar Proposition 1131 ransit Modernization 13rtd-c l=tlnctin�,
(" (� OU") is entered into as of .luly� 1, 2008. by ants Between the !,os Angeles C;ou.11ty
Nletropolttkin Tra sportation Atatllority (" LAMI'A") and City of Satlta Clat ita
WIL EAS, oil NuYcrllbcr 4. I{. 80, the voters dthc Ct�urlty of Los Angeles approved by
majtrrity Proposilinrt }l, ;gin ordinance establishin(; a one-half pment sales tax for public tlalsit
purposes, and
WHEREAS. ort NoMlkbvr 6, 1990, the votels of the Ceutlty of Los Angcics ;t1p1ovCd hyr
ma-iori(y Proposition C,, -an ordinance estahlishing ,1 one-ll�tlrpercent sales tax for public iransit
pw poses: ;and
NVTTEREAS, LACNITA is the agency responsibic for administering the Proposition A and
Prt�Positican C taxes, and
WHEREAS. thy:: Starte of California ]las Proposition IB Transit Modernization Program ("Prop
I B-) hunds which will he allocated it) I os Angeles COU11t}' ln11111C Pal operators according t(1 the
State 1'ratisit Assistance F>_uld (S`fA)lilrrtutla; and
WHEREAS, on November 14, 2007, the 1,ACfMTA Boarcl appi-ovcd ll tnotioll for irtCluded turd
0i�,ibIc. Los Atlgcles Cot]Iltyx Municipal operators to receive Prop IB fLmds al the current i,.,oS
Angeles County Fonllula Allocation Proggram levels ("FAP Levels'') for c7ch year of tar totat
lift; of the bond program. `hherefore, for those rinrnicipal operators whosc State allocation of Prop
I B funds is less than the amount such operator would have received using the current FAP
Luwls, LACNITA wi11 bridge that },!]l ;x11(1 Pay eligible municipal operators the difforence
I)CMCtn ;uth amc>111ltS;
W1IFR1sAS, C ily o1-S;lnta Clarita and City or of 1.os Angelk;s Departtmot of"I'mosportatiott lire
eli"role nunliclpal operators who did that receive any Prop 1B funds. As part of die Note ulm
14.2007 11101.1011, the LA001 A board authorized the City of Santa Ctanta and the City o[ I_os
An- los Department of" 1'raalsporulOil to receive only Bridge lunds based oil the FAP Levels;
and
INHEIZ AS, I.,ACM I'A 130',Wd dir'tXLed stall to use funds l'i'ons the Prulloslllon C_ 40% or
I'rollttisition 11 t)'o l�iscrctio11n1y�C;m�i�tlt o�'e. C1'1 lcG��nr1t (c1r any ct11rr11rital1�1r1) (clic "Fitrld5
to Pay such hri(lge funding; and
1'x'1-TEREAS, LACNII'A and (;ranter t=esiite to agree to the tc:rir.s arsd couditions ol'tllc grant of
fun& (lc;cribcd hereill.
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NOW Tf I I` REFOR F., in considcratton Ortltc III Lit ual LCrna and conditions contained licrcin,
LA{`'NITA and Grantee hereby agree as follows;
1.1. This MOU v ill be in cffixt ftom JulV 1, 200N and sltall terminale, Oil .Tune 30,
2009-
A RITIC I
009
AR;TICI Y, 2 - AI..I,OCATION OF THR FUNDS AND INVOICE PROCEDURE
2.1. Tu the CXtcrit the Fllnds are available, LACM-r.A shall pay 0—antce one 1111111011
t'oitr hundred thirty seven thousand seven liundrod sixty one dollars (51,437,1,61)
(th,- "Bridge Funds") to he used for Grantee's Eligible Pr(�jeets, as defined in
Section 3.2 below.
2.?. The Bridge [-;unds will he dishtirsed �ti'tei-ihis MOU has been fidly e"ecut_A tnd
Grantee h,is SttbmitLed tea LACNI TA all ol'the lo' llotving: (i) LA(.;MTA's;ipproval
of Grautec's allocation rCc7ucst to usw thL Bridgc Funds on Eligible Projects.
Lr1C'IVITA will rctilcw the request and approve: only Eligible Projects that meet
the nxluirements of Prop i 1'3. A minimal opn,able prglcit scgnactit will only he
apprtatiW as au EIT-IbIc Project if the hcnciitS arc su1' 1=111, to inert the goals and
objectives of Prop IB: and (thy GULntit; shall dcnionstratc it has the tin{utcial
t�,3p:t ity to mainUtin a11d operate each Eligible Project. its well as the lin-tnci<il and
in5tituttonal 4bihty to accept tht,[tial liabilities anti ohligatiot-Is ftfr the dttratu}11.01'
Gill EIi;IIiblc Pro,lce.L's use -Cul lits;
2.3 f.,AUN,'lTA will dishurse the Bridzge Funds after it re-ceivc% an invoice. from
Granter and all rcy�.tircd documentation as provided penin. invoices shill be
consistent Nv ith Clic Funding Plan which GratttCC subinii5 to LAC MTA as pati Of
its allocation recluest for tla4 Fridge Funds.
AR -11(,'1.1~ 3 - USE O FUNDS
3.1 Grantee shall uiilirc the Bridge Funds on State or LAC'MTA approved Uipible
Projects in accordance with the terms and conditions Contained licicin and in it
niMtirer c0nsistent with the State's Prop [B Guide.finc s including timely use of
fimtls, Funds must tie encumbered within throe (3) year's of tlac allocation trite]
expended within threie (3) years afic;r eilcumbrancc.
3.'2 '1EIIs,,,Ible i'roaects" arc t'.eiinW as transit cttl)i[a] projects (itrcluclIng it inIniIII Ill] t
operable se�),nlcaat of projwt) N�lticit
(i) has, one or mom, of Clic follnWitti� purpose:
a. RchabilitatiurF, safety. or modernizatioat bulm ►vonlcnts.
b. Capital scrvlcc enhancements or i xpanslolls.
c. New capital pro_Iects.
d. F3us rapid transit improve-rrents.
c. Rolling stack procurement, rchabFlitaOon nl replacement; and
(ii) has al use fil life not loss than the required useful life for capital alss;as ptrrstrrnt
to the State Geacral Obli-htion Bond I,aw, GC Section 107> i (aF); and
(iii-) must b:;:,onsistcnt with Grantee's most recently adopted short-range trailsit
plan or puhlic,ly aidoptcd plait th,it programs or prioritizes funds for- transit capFtal
rurplu"vlrrcnts, including a tl'7rrspol'tatio=t ir3rplor'cwoni prngr,1 of a certified
Hoard cndurscim-nit.
3.3, If th4 Funds identified in the Funding Elan which Grantea submits as part Of as
allocation regUCSt are insutlic CM to complete the State or I_.AC'Nf'l A approwd
F,ligiblc ProICct, (jrantCt: dial] SOCUre and providc its Oren fultdin�g, ncccssaly to
com111de the Eligible. Project
4 Grantee shall be responsible Cor ar)y and all cost ovcr7-uns for the State or
t-ACM`C.A atpproved ' ligil)le Prcljcet_
ARTICLE 4 - AODIT AND REPORTING REQUIREMENTS
NTS
4.1 Thi annual audit of the public transportation operators already ruquir cd timicr tiro
Tran5portatie►n Dovelopancnt :pct (TDk) put -suint to PLIC 99245 sliall be
UP,M) t'd to include. verification ofreccipt and appropriatc expenditure of bone)
hinds in alccorchmce Gvith SB, Statutes oC2(}M7. i
4.2 Grnntcc� arn-ces to establish 'MLI n1FFinllin proper accounting procedures and cash
m:mag,cmcnt records and documents in accordaurcc with conditions defined I,v this
1140U. Grarl(ce shrill manitaFin all documuras and records related to the Mate or
I.AC%•ITA approved Eligible Projects, this 1J1OU and the use of tlrc 13rrd-c Funds
ti)r (Ili -cc (3) years alftcr the on() or till- liscarl year In which ilia Bridge Puncls were
expended. LACMTA nliiy!)edit, as provided, herein, up to direr; ( ~) years after
the end of the fiscal year in which thc: Bridge FL111Lis were LXI)CII cd.
)Upon completion of the Slate or T.ACMTA Approved Eligible Projects funded
froin N Y 07-tt8 Prop 11`3 Funds arnUor the Bridge Ftindin,, Grantee shall submit a
report to LACMTA showing thll and final costs of each Fligible project To the
extent excess Bridge Funds romailt, SUCK Bred c. Faulds shall 61. rcturncd to
LACMTA, UI) to the ri-flount ofthc Bridge Funds unless allocated to another )tape
or LACNITA �pprovcd l lrgrblu Prgjtrct.
4.3 In the event a Slatw or LACMTA approved Fligible Project is cancelled or
terminated, all interest- and other income earned by the Bridge Fund IIrola 113 wi11
be returned to LACMTA unless allocated to another StaLe or LACM-1-A approved
E-ligible Project.
ARTICLE 5 - VIISCELLAM;OUS
3.1 This tn'ant shrill be a crate-timc ora}nt subject to the tours and midilions agreed Lo
herein and in the Prep 1 B Goldelrncs. Except ars otherN rse provided in this IMOU,
the grant tines not imply nor obligate any 4itturC funding countlitrtlent Ort the part
oI' LACNTI'A.
5.2 Gramee underst;ands and avrees that in programming the Funtk and entering into
this MOU, LACNITA is acting pursuant to IIS statutory authority and shall have no
liuibility itr';0imcction wilh tits use of ncc Bridge Funds on State or LACM CA
approved Eligible Projects. Grantee shaill full' indemnify, defend and hold
LACMTA, itdiret tmrs, officers. employee and agents harmless li-om and against
any liability and expenses, including without limitation, defense: costs, any costs or
liability on account of bodity iniury. death or personal injury ofany person or to.-
damage
ordamage to or lass of risk of property, any environmental obligation, lgarl tee z, attic)
any claims for damages ul Ully uattUru w hartsucvcr arising out ofeach Eti,.IJbtu
Prnjcrl inclLtding, ww•itltout tirnitattion, (i) any broach of Gra3ntcc's obligations and or
this I~��OU; liil misuse of the Britlgc hinds by Gratntcc or its officers, agcttis,
employees or subcontractors; (iii) any act or ontission of Gr'antcc or its officers,
aucnts, employees, contractors or subcontractors iii the puforrnance and."or
provision of the Sralc! or LACNITA approved Eligible Projcci(s).
5.3 Grantee Shall comply with all aplilica blc local, state and iedcral laws and
regulations and the Prop 1 B QlidlChllCS in the use of the Brrd re Funds and the
it -11 rl4rncntatrorr U the Starts and LACMTA approved tili,gihle Project.s.
5.-1 LACMTA reserves the righL to 1e1-11nir7at4 Ibis NIOU :uld withhold the FLIIldS it -it is
dlcturnrincti that CrranLee ha.; nol c:ompliod with all the torts and conditions
ct'!ntained herein or ill ilte (.itriddittCS.
5,5 No amenclinent or modific7tiort to this NTOU shall tic bindii-to upon cincct
teal Ly unless such amendment or utodrficaEwn is in ,writing duly executed by both
\ladies. This MOU shalt not be arnrt;ndcd ormotiified by any acts or crnnduct of
the lxn-LreS
�_C' t antes is not a contractor, agent or employee of LAC.MTA. GranLCL;
shall not represent itself as at contractor, agent or employee of LAC'M-LA anis) shall
hale [to poucr- to bind L A('M TA in contract or odionvise.
_6
4
5.7 `Mis M(aU and tltc Prole I B GUide illeS con5MuLcs the entire agreevm inL betwCen
the paoies mv411 respect to Lhc subject matter of this Agreement anal SUpersedcs al I
prior and contomponancous agrcmcats and underst:nulings.
IN WITNESS WHEREOF, the partics hereto have caused this MOU to be duly Uccuted tis UC
the dates below iviill all the lormalitics rer{uirW by law.
CITY O1+ SANTA CLARITA LOS ANGELES COUNTY
METROPOUTAN TRANSPOR'T'ATION
AUTHORITY
Bv:
Iti�iine•
'l'itic.
17�t��:•
ATTFST:
Date:
7
Bv:
Rugcr Snoblo
CBiel Exccutive Officer
Date,
APPROVED AS TO F(31 -M:
Rti}nnond G. Former. Jr.
COUNITY COUNSEL
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