HomeMy WebLinkAboutFresno County Rural Transit Agency MOU and Maintenance Srvs Agmt2012-2013
INTERAGENCY SERVICES AGREEMENT BETWEEN THE FRESNO COUNTY
RURAL TRANSIT AGENCY AND THE CITY OF FRESNO
This agreement, made and entered into this 30th day of June,2011 by and between City
of Fresno, a municipal corporation, hereinafter referred to as "City", and the Fresno County
Rural Transit Agency, hereinafter referred to as "FCRTA" a Joint Powers Agency (together
sometimes referred to as the "Parties")
WITNESSETH:
WHEREAS, the parties have mutually negotiated this Fleet Vehicle Maintenance
Agreement (the "Agreement"or "Contract")to service and maintain FCRTA's vehicle fleet.
NOW THEREFORE, and in consideration of the foregoing and of the mutual promises
hereafter expressed, and intended to be legally bound thereby, the parties do mutually agree as
follows:
SECTION 1. GENERAL.
1.1 Subject to the terms and conditions set forth in this Agreement, and as authorized by
controlling law including California Health and Safety Code section 34278 and City
Charter section 202, the City shall provide to FCRTA the services described and
incorporated herein, at the time and place and in the manner specified therein, in
order to promptly and professionally maintain the FCRTA's vehicle fleet.
1.2 The FCRTA hereby agrees to engage The City of Fresno to provide, and/or
coordinate the necessary provisions to service and maintain the Fleet Vehicle
Maintenance Services for FCRTA's alternatively powered (compressed natural gas,
and unleaded fueled) vehicles,
1.3 The vehicle maintenance shall be required to comply with all requirements set forth
in the California Vehicle Code, and California Administrative Code for General
Public, Paratransit Vehicles (GPPV) and scheduled fixed route general public transit
vehicles. The City shall be responsible for maintaining the physical appearance of
the interior and exterior of the vehicles, which shall include periodic washing,
cleaning, and waxing.
1.4 The FCRTA vehicles and City terminal shall be subject to annual inspection by
designated representatives of the California Highway Patrol, in accordance with
stipulated law and regulations.
SECTION 2. TERM OF SERVICES.
The term of this Agreement shall be for a term of one (1) year commencing on July 1, 2012
through June 30,20'!J but may be extended by written notice between the parties per section
11 .1 of this agreement.
SECTION 3. SCOPE OF SERVICES.
3.1 General - Repairs and Service The City hereby agrees to perform repairs and
maintenance services necessary to maintain the FCRTA's fleet in good operating
condition for use by the FCRTA.Further, upon specific approval by the FCRTA's
Contract Administrator or designee, emissions certifications will also be provided for
all FCRTA vehicles required to submit verified compliance under California State
Law.
3.2 Repair Facility Access.The City will allow the FCRTA to access the Municipal
Service Center at 2101 "G" Street, Fresno, CA during normal operating hours.
3.3 Transport of Vehicles The City will be responsible for transporting FCRTA vehicles
in need of maintenance, repairs etc. to the City's Municipal Service Center site
located at: 2101 "G" Street, Fresno CA 93706. The City will also provide or contract
road side services and towing in the event that vehicles are disabled and cannot be
safely driven to the repair facility.
3.4 Job Tasks.The City will provide a list of general job tasks that are to be performed
on the FCRTA's Fleet prior to commencing work. These tasks include but are not
limited to: periodic preventative maintenance services, emissions testing, roadside
services/towing and after hour call-outs.
3.5 Repair Estimates.It is understood and agreed that the FCRTA will NOT require
prior verbal and/or written approval for any repair or maintenance job task up to
$1,500.00 per event. Any amount over $1,500.00 will require the verbal and/or
written authorization from the FCRTA's Contract Administrator, or authorized
designee.
3.6 Fueling Station Access The City agrees to provide fuel site access to the City-
owned and operated fueling facilities located at:2101 "G" Street, Fresno CA 93706.
At the FCRTA's option, the City will install the necessary fueling computer(s) to
access the automated fueling system. The FCRTA will be charged for actual parts
and labor associated to install the devices. Parts and labor costs to install such
devices will be per section 4.2 of this agreement but shall not to exceed $450.00 per
vehicle. Upon retirement of the vehicle or termination of this contract, all automated
fueling hardware will be removed from the vehicle(s) at the City's cost, and returned
to the City's possession. The City will re-use automated fueling system hardware if
possible in the event that the FCRTA removes a vehicle from service and replaces it
with a new vehicle. In such event, the City will charge the FCRTA only for new or
additional material costs and labor associated with transferring equipment from the
old vehicle to the new vehicle.
3.7 Automated Work Order System.The City agrees to enter all work performed on
the FCRTA's Fleet on an Automated Work Order System. Each FCRTA vehicle will
have a unique and exclusive Vehicle tracking number. The system will archive
historical data on each vehicle serviced so that a maintenance and repair history
may be established. Additionally, the City agrees to incorporate all FCRTA vehicles
into the Preventative Maintenance Notification system. Preventative Maintenance
Notification will be via e-mail to FCRTA's Contract Administrator or authorized
designee.
3.a Personnel -The City shall employ, train and/or sub-contract personnel required to
perform the maintenance service, including vehicle shuttling. Employees responsible
for the maintenance of the vehicles shall be qualified to provide such services under
applicable laws and regulations. Maintenance personnel, responsible for testing
driving vehicles shall possess the minimum required California Drivers License and
be qualified to operate said vehicles without revenue passengers. Personnel
responsible for shuttling vehicles shall possess the minimum required California
Drivers License and be qualified to operate said vehicles without revenue
passengers.
It should be noted that all mechanics and supervisory personnel shall be subjected
(to Drug and Alcohol Testing in accordance with mandates set forth by the Federal
Transit administration (FTA) for general public transit operators. Expenditures
associated with such compliance shall be the responsibility of the FCRTA.Such
testing shall include:
1. Pre-Employment;
2. Reasonable Suspicion;
3. Post-Accident;
4. Random; and
5. Return-to-Duty.
If a City employee fails to pass a drug or alcohol test, they shall be prohibited from
performing any tasks on FCRTA's fleet under this Agreement. . The City may deal
with their employee pursuant to their own policies and procedures.
SECTION 4.COMPENSATION,BILLING AND PAYMENT FOR SERVICES.
The compensation to the City for parts and services under this Agreement shall not exceed the
line-item maintenance portion budgeted from the respective transit subsystems as contained in
the adopted, and as necessary amended, 2012-2013 FCRTA Budget, provided no penalties or
awards are assessed. This budget amount will be communicated to the City in writing at the
time of execution of this agreement and thereafter within ten (10) days of any amendment...
FCRTA has no responsibility to pay any sums beyond the compensation set forth in this
Agreement. This amount may be amended by mutual written agreement between Contract
Administrators for the FCRTA and the City. FCRTA shall pay City for services rendered
pursuant to this Agreement at the time and in the manner set forth herein the payments
specified below shall be the only payments from FCRTA to City for services rendered pursuant
to this Agreement. City shall submit all invoices to the FCRTA in the manner specified herein;
4,1 Invoices.SUbject to the previous Sections, the City shall submit an itemized
monthly service bill to FCRTA within thirty (30) days, following the given month in
which services were rendered on the fleet vehicles. The Statement shall set forth
the cost for services performed and reimbursable costs incurred prior to the
invoice date. Invoices shall contain the following information:
4.1.1 The beginning and ending dates of the billing period.
4.1.2 A Task Summary containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under the
Agreement, and the percentage of completion.
4.1.3 A detailed billing statement of all labor, parts, supplies, and where
applicable, fueling charges for services provided by the City during the
invoice period with copies of work orders itemizing specific maintenance,
or inspection, work performed to each respective vehicle, with a separate
accounting of parts and fluids, and fair and reasonable labor charges as
negotiated by the FCRTA General Manager and the City at the time of
execution, amendment, or extension of this agreement..
4.1.4 The City's Contract Administrator signature.
4.2 Service Fees.The FCRTA agrees to pay the City for all labor, parts, supplies,
and where applicable, fueling charges for services provided on the FCRTA's
Fleet. Labor, fuel, material and subcontract costs with associated markups will
be consistent with the City's established billing rates for internal departments.
Rates will be re-established and mutually agreed upon renewal of each contract
extension on July 1
st of each fiscal year. The City will invoice the FCRTA for
actual service(s) provided in accordance with the rates set forth herein.
Invoices and billings by other independent vendors, under the City's direction,
shall be coordinated by City rnaintenance personnel for recordkeeping and
accountability requirements. Failure to coordinate and maintain iternized billings
for subcontractors will result in a 3% penalty to the City per monthly occurrence
and shall be deducted from a subsequent reimbursement billing payment.
4.3 Payment by FCRTA.FCRTA shall make payment on the billing within thirty (30)
days from receipt of said bill. Failure by FCRTA to do so will result in a 3%
increase award to a subsequent reimbursement billing payment to the City.
SECTION 5. STATUS OF CITY.
5.1 The City as Independent Contractor.It is understood that the City shall be an
independent contractor and the City and shall not be an employee of FCRTA.
FCRTA shall have the right to control the City only insofar as the results of City's
services rendered pursuant to this Agreement; however, FCRTA shall not have the
right to control the means by which City accomplishes services rendered pursuant to
this Agreement.
5.2 Not an Aqent.Except as FCRTA may specify in writing, City shall have no authority,
express or implied, to act on behalf of FCRTA in any capacity whatsoever as an
agent. City shall have no authority, express or implied, pursuant to this Agreement to
bind FCRTA to any obligation whatsoever.
SECTION 6. GOVERNING LAW.
The laws of the State of California shall govern this Agreement. This does not
waive any obligations to comply with FTA or other applicable federal
requirements listed below.
SECTION 7. FEDERAL REQUIREMENTS
7.1 Charter Bus Requirements 149U.S.C. T 53231d)and 49 CFR Part 604)
The City agrees to comply with 49 U.S.C. T 5323(d) and 49 CFR Part 604, which
provides that recipients (Caltrans) and sub-recipients (FCRTA) of FTA assistance
are prohibited from providing charter service using federally funded equipment or
facilities if there is at least one (1) private charter operator willing and able to provide
the service, except under one (1) of the exceptions at 49 CFR 604.9. Any charter
service provided under one (1) of the exceptions must be "incidental," i.e., it must not
interfere with or detract from the provision of mass transportation.
7.2 School Bus Requirements (69 U.S.C. 5323ltl and 49 CFR Part 605)
Pursuant to 69 U.S.C. 5323(t) and 49 CFR Part 605, Recipients (Caltrans) and sub-
recipients (FCRTA)of FTA assistance may not engage in school bus operations
exclusively for the transportation of students and school personnel in competition
with private school bus operators uniess qualified under specified exemptions.
When operating exclusive schooi bus service under an allowable exemption,
recipients (Caltrans)and sub-recipients (FCRTA) may not use federally funded
equipment,vehicles, or facilities.
7.3 Energy Conservation Requirements (42 U.S.C.6321 et seg.; 49 CFR Part 18)
Pursuant to 42 U.S.C. 6321 et seq.; 49 CFR Part 18, the City agrees to comply with
mandatory standards and policies relating to energy efficiency which are contained in
the State of California Energy Conservation Plan issued in compliance with the
Federal Energy Policy and Conservation Act.
7.4 Clean Air Requirements - 42 U.S.C. 7401 et. seq.; 40 CFR 15.61; 49 CFR Part
18
A. The City agrees to comply with all applicable standards,orders or regulations
issued pursuant to the Clean Air Act, as amended,42 U.S.C.§§E 7401 et
seq. The City agrees to report each violation to the FCRTA and understands
and agrees that the FCRTA wiil, in turn, report each violation as required to
assure notification to FTA and the appropriate EPA Regional Office.
B. The City also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance
provided by FTA.
7.5 Clean Water Requirements (33 U.S.C. 1301 et seq.)
A. The City agrees to comply with all applicable standards,orders or,
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended,33 U.S.C. 1301 et seq. The City agrees to report each violation to
the FCRTA and understands and agrees that the FCRTA will, in turn, report
each violation as required to assure notification to FTA and the appropriate
EPA Regional Office.
B. The City also agrees to include these requirements in each sub-contract
exceeding $100,000 financed in whole or in part with Federal assistance
provided by FTA.
7.6 Lobbying·31 U.S.C. 1352; 49 CFR Part 19; 49 CFR Part 20
The undersigned The City certifies,to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on I
behalf of the undersigned,to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress,or an employee of a Member of Congress in
connection with the awarding of this Contract, the making of the Federal grant
associated with this Contract, the entering into of this cooperative agreement,
and the extension,continuation,renewal,amendment,or ,modification of this
Contract in association with the Federal contract, grant, or cooperative
agreement.
B. If any funds, other than Federal appropriated funds, have been paid or will be
paid to any person for making lobbying contacts to an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Contract, the
undersigned shall complete and submit separately the Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions, as
amended by "Government wide Guidance for New Restrictions on
Lobbying,"61 Fed. Reg. 1413.
C. The undersigned shall be required to include the specific language of this
certification clause in all subsequently awarded documents for all sub-awards
at all tiers, including subcontracts and that all sub-recipients shall certify and
disclose accordingly.
This certification clause is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into
this transaction imposed by 31, U.S.C.§1352(c)(1)-(2)(A), as amended by
the Lobbying Disclosure Act of 1995. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such expenditure or failure.
The undersigned The City certifies or affirms the truthfulness and accuracy of
each statement of this certification clause and disclosure, if any. In addition,
the City understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to this certification clause and disclosure, if any.
__________Signature of The City's Authorized Official
__________Name and Title of The City's Authorized Official
_________Date
7.7 Access to Records and Reports - 49 U.S.C. 5330; 18 CFR 18.36 (I);49 CFR
633.17
The following access to records requirements apply to this Contract:
A. The FCRTA, as a local government and FTA sub-recipient or a sub-grantee
of the FTA Recipient (Caltrans) in accordance with 49 C. F. R.18.36(1),the -
The City agrees to provide the FCRTA, the FTA Administrator, the
Comptroller General of the United States or any of their authorized
representatives access to any books, documents, papers and records of the
City which are directly pertinent to this Contract for the purposes of making
audits, examinations, excerpts and transcriptions. The City also agrees,
pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his
authorized representatives.
B. The City agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
C. The City agrees to maintain all books, records, accounts and reports required
under this Contract for a period of not less than three years after the date of
termination or expiration of this Contract, except in the event of litigation or
settlement of claims arising from the performance of this Contract, in which
case The City agrees to maintain same until the FCRTA, the FTA
Administrator, the Comptroller General, or any of their duiy authorized
representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
7.8 Federal Changes·49 CFR Part 18
The City shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, includinq without limitation those listed directly or by
reference in the Agreement (Form FTA MA(11), dated October 1, 2004) between the
FCRTA, Caltrans and FTA, as they may be amended or promulgated from time to
time during the term of this Contract. The City's failure to so comply shall constitute a
material breach of this Contract.
7.9 Contract Work Hours and Safety Standards Act
A. Overtime requirements - No contractor or sub-contractor for any part of this
contracted work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of
forty (40) hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty (40) hours in such workweek.
B. Violation; liability for unpaid wages liquidated damages - In the event of any
violation of the clause set forth in paragraph "A" of this section, the City and
any sub-contractor responsible therefore shall be liable for the unpaid wages.
In addition, such The City and sub-contractor shall be liable to the United
States for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph one (1) of
this Section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard work week of
forty (40) hours without payment of the overtime wages required by the
clause set forth in paragraph "A"of this Section.
C. Withholding for unpaid wages and liquidated damages - The FCRTA shall
upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the City or subcontractors under
any such the City any other Federal contract with the same prime The City, or
any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime The City, such sums
as may be determined to be necessary to satisfy any liabilities of such The
City or subcontractors City for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph "B" of this section.
O. Subcontracts -The contractor or sub-contractor shall insert in any
subcontracts the clauses set forth in paragraphs "A" through "0"of this
section and also a clause requiring the sub-contractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any sub-contractor or lower tier sub-contractor
with the clauses set forth in paragraphs "A" through "0" of this Section.
7.10 No Government Obligation to Third Parties
A. The FCRTA and The City acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or
award of the underlying contract, absent the express written consent by the
Federal Government, the Federal Government is not a party to this Contract
and shall not be subject to any obligations or liabilities to the FCRTA, The
City, or any other party (whether or not a party to that contract) pertaining to
any matter resultingfrom the underlying Contract.
B. The City agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed
that the clause shall not be modified, except to identify the subcontractors
who will be subject to its provisions.
7.11 Program Fraud and False or Fraudulent Statements and Related Acts·31
U.S.C. 3801 et. seg.; 49 CFR Part 31 18 U.S.C. 1001; 49 U.S.C. 5307
A.The City acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended,31 U.S.C.§§3801 et seq. and U.S.
OaT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply
to its actions pertaining to this Contract. Upon execution of the underlying
Contract, the City certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying Contract or the FTA assisted project for which
this Contract work is being performed. In addition to other penalties that may
be applicable, the City further acknowledges that if it makes, or causes to be
made, a false, Fictitious, or fraudulent aim, statement, submission, or
certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the City to the
extent the Federal Government deems appropriate.
B. The City also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the
Federal Government under a Contract connected with a project that is
financed in whole or in part with Federal assistance originally awarded by
FTA under the authority of 49 U.S.C.§5307, the Government reserves the
right to impose the penalties of 18 U.S.C.§1001 and 49 U.S.C.§5307(n)(1)
on the City, to the extent the Federal Government deems appropriate.
C. The City agrees to include the above two (2) clauses in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified, except to identify the
subcontractors who will be subject to the provisions.
7.12 Government-Wide Debarment and Suspension (Non-procurement)
This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
City is required to verify that none of the City, its principals, as defined at 49 CFR
29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The City is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By this Contract the City certifies as follows:
The certification in this clause is a material representation of fact relied upon by the
FCRT A.If it is later determined that the City knowingly rendered an erroneous
certification, in addition to remedies available to the FCRTA, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. The City agrees to comply with the requirements of 49 CFR 29,
Subpart C while this Contract is valid and throughout the period of any Contract that
may arise from this Contract. The City further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
7.13 Privacy Act -5 U.S.C. 552
The City agrees to comply with, and assures the compliance of its employees with,
the information restrictions and other applicable requirements of the Privacy Act of
1974,5 U.S.C.§552a.
Among other things, the City agrees to obtain the express consent of the Federal
Government before the City or its employees operate a system of records on behalf
of the Federal Government.
The City understands that the requirements of the Privacy Act, including the civil and
criminal penalties for violation of that Act, apply to those individuals involved, and
that failure to comply with the terms of the Privacy Act may result in termination of
the underlying Contract.
The City also agrees to include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in
part with Federal assistance provided by FTA.
7.14 Civil Riqhts Requirements - 29 U.S.C.§623,42 U.S.C.§2000; 42 U.S,C.§6102,
42 U.S.C.§12112; 42 U.S.C,§12132, 49 U.S.C.§5332; 29 CFR Part 1630,41
CFR Parts 60 et seq.
The following requirements apply to the City:
A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C.§2000d, section 303 of the Age Discrimination Act of
1975, as amended, 42 U.S.C.§6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C.§12132, and Federal transit law at 49
U.S.C.§5332, the City agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national
Origin,sex, age, or disability.In addition, the City agrees to comply with
applicable Federal implementing regulations and other implementing
requirements FTA may issue.
B. Equal Employment Opportunity - The following equal employment
opportunity requirements apply to the City:
1. Race Color Creed NationalOrigin Sex - in accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C.§2000e, and Federal
transit laws at 49 U.S.C.§5332, the City agrees to comply with all
applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL)regulations,"Office of Federal
Contract Compliance Programs,Equal ; Employment Opportunity,
Department of Labor,"41 C.F.R. Parts 60 et seq., (which implement
Executive Order No. 11306, "Equal Employment Opportunity," as
amended by Executive Order No. 11375,"Amending Executive Order
11306 Relating to Equal Employment Opportunity," 42 U.S.C.§
2000e note), and with any applicable Federal statutes,executive
orders,regulations,and Federal policies. The City agrees to take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment,without regard to their
race,color, creed,national origin, sex, or age. Such action shall
include,but not be limited to, the following:employment,upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of payor other forms of compensation;and election
for training, including apprenticeship.In addition,the City agrees to
complywith any implementing requirements FTA may issue.
2. Age -In accordance with section 4 of the Age Discrimination in
EmploymentAct of 1967,as amended,29 U.S.C.§§623 and Federal
transit law at 49 U.S.C.§5332, the City agrees to refrain from
discrimination against present and prospective employees for reason
of age.In addition, the City agrees to comply with any implementing
requirements FTA may issue.
3.Disabilities-In accordance with section 102 of the Americans with
Disabilities Act, as amended,42 U.S.C.§12112,the City agrees that
it will comply with the requirements of U.S. Equal Employment
Opportunity Commission,"Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with
disabilities.In addition, the City agrees to comply with any
implementing requirements FTA may issue.
C. The City also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by FTA,
modifiedonly if necessaryto identifythe affected parties.
7.15 Transit Employee Protective Agreements - 49 U.S.C. § 5310, § 5311, and §
5333; 29 CFR Part 215
A.The City agrees to the comply with applicable transit employee protective
requirements as follows:
1. General Transit Employee Protective Requirements - To the extent
that FTA determines that transit operations are involved, the City
agrees to carry out the transit operations work on the underlying
Contract in compliance with terms and conditions determined by the
U.S. Secretary of Labor to be fair and equitable to protect the interests
of employees employed under this Contract and to meet the
employee protective requirements of 49 U.S.C. A 5333(b), and U.S.
DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto.
2. Transit Employee Protective Requirements for Projects Authorized by
49 U.S.C.§5311 in Nonurbanized Areas - Since this Contract
involves transit operations financed in whole or in part with Federal
assistance authorized by 49 U.S.C.§5311, the City agrees to comply
with the terms and conditions of the Special Warranty for the
Nonurbanized Area Program agreed to by the U.S. Secretaries of
Transportation and Labor, dated May 31, 1979, and the procedures
implemented by U.S. DOL or any revision thereto.
B. The City also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with
Federal assistance provided by FTA.
7.16 Incorporation of Federal Transit Administration eFTA)Terms - FTA Circular
4220.1E
Incorporation of Federal Transit Administration (FTA) Terms - The preceding
provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding Contract provisions. All
contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are
hereby incorporated by reference. Anything to the contrary herein notwithstanding,
all FTA mandated terms shall be deemed to control in the event of a conflict with
other provisions contained in this Agreement. The City shall not perform any act, fail
to perform any act, or refuse to comply with any FCRTA requests which would cause
the FCRTA to be in violation of the FTAterms and conditions.
7.17 Drug and Alcohol Testing - 49 U.S.C. §5331; 49 CFR Parts 653 and 654
The City agrees to:
A. Participate in FCRTA's drug and alcohol program established in compliance
with 49 CFR 653 and 654.
B. Establish and implement a drug and alcohol testing program that complies
with 49 CFR Parts 653 and 654, produce any documentation necessary to
establish its compliance with Parts 653 and 654, and permit any authorized
representative of the United States Department of Transportation or its
operating administrations,the State Oversight Agency of California,or the
FCRTA,to inspect the facilities and records associated with the I
implementation of the drug and alcohol testing program as required under 49
CFR Parts 653 and 654 and review the testing process. The City agrees
furtherto certify annually its compliancewith Parts 653 and 654 beforeJuly 1,
2011 and to submit the Management information System I (MIS) reports
before March 15th of each year to Caltrans Headquarters.To certify
compliance the City shall use the "Substance Abuse Certifications"in the
"Annual List of Certifications and Assurances for Federal Transit
Administration Grants and Cooperative Agreements,"which is published
annually in the Federal Register.
SECTION 8. MUTUAL INDEMNIFICATION.
8.1 FCRTA shall indemnify, hold harmless and defend City and each of its officers,
officials,employees,agents and authorizedvolunteersfrorn any and all loss, liability,
fines, penalties, forfeitures, costs and darnages (whether in contract, tort or strict
liability,including but not limited to personal injury,death at any time and property
damage) incurred by the City, FCRTA or any other person,and from any and all
claims, demands and actions in law or equity (including attorney's fees and litigation
expenses), arising directly or indirectly from the negligent or intentional acts or
omissions of FCRTA or any of its officers,officials,employees,agents or authorized
volunteers in the performance of this Agreement;provided nothing herein shall
constitute a waiver by FCRTA of governmental immunities including California
GovernmentCode Section 810 et seq.
8.2 City shall indemnify, hold harmless and defend FCRTA and each of its officers,
officials,employees,agents and authorized volunteersfrom any and all loss, liability,
fines,penalties,forfeitures, costs and damages (whether in contract, tort or strict
liability,including but not limited to personal injury,death at any time and property
damage) incurred by City, FCRTA or any other person,and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation
expenses),arising directly or indirectly from the negligent or intentional acts or
omissions of City or any of its officers,officials,employees,agents or authorized
volunteers in the performance of this Agreement;provided nothing herein shall
constitute a waiver by City of governmental immunities including California
GovernmentCode Section 810 et seq.
8.3 In the event of concurrent negligence on the part of FCRTA or any of its officers,
officials, employees, agents or authorized volunteers,and City or any of its officers,
officials,employees,agents or authorized volunteers,the liabilityfor any and all such
claims,dernands and actions in law or equity for such losses, fines,penalties,
forfeitures,costs and damages shall be apportioned under the State of California's
theory of comparative negligence as presently established or as may be modified
hereafter.
8.4 This section shall survive termination or expirationof this Agreement.
SECTION 9. INSURANCE
9.1 The FCRTA shall secure and maintain throughout the term of this Agreement,or
extensions thereof, automobile liability (Bodily injury and Property Darnage)not less
than $5,000,000per occurrence.
9.2 The FCRTA shall provide the City with valid certificates of insurance reflecting the
above and further, that said coverage has the following endorsements:
• In that the City and their appointive and elective officers and employees are
additionally named insured.
• That said policy shall not be canceled or terminated except upon thirty (30)
days prior written notice to the other parties of this agreement.
9.3 Said certificates or other proof of the required insurance, shall be provided before the
City commences performance under this agreement or extensions thereof.
9.4 The City shall immediately report any and all accidents to the FCRTA General
Manager as they occur. A written report, using FCRTA's Accident Form shall be
submitted within twenty four (24) hours of the occurrence. The accident/incident shall
be rated under the following classifications: "preventable" or "non-preventable"; "at-
fault" or "not-at-fault" to assist in risk management follow-up and on-going in-service
training of all drivers. The City shall assume any and all liability for non-compliance
with this provision.
9.5 The City will also be responsible to pay for "preventable" and "at fault" accidental
vehicle damages, up to one thousand dollars ($1,000.00) deductible amount, as
specified' in the FCRTA insurance policy. Specific financial arrangements shall be
resolved between the parties of this Agreement with the fiscal year (July through
June) in which the accident' occurred, as defined by the period of the Contractual
Agreement.
9.6 The City shall secure and maintain workers compensation coverage as required by
statute. The City shall assume any and all liability for non-compliance with this
provision.
SECTION 10. TERMINATION AND MODIFICATION.
10.1 The FCRTA or City may terminate this Contract, or any portion of it, by serving a 30
days written notification to the other party. The notice shall state whether the
termination is for convenience of the party or for default.
10.1.1 Termination for Convenience -Either party, by written notice as
provided in paragraph 12.13, may terminate this Agreement, in whole or
in part, when it is in the their respective interest. If this Agreement is
terminated, the FCRTA shall be liable only for payment under the
payment provisions of this Agreement for services rendered before the
effective date of termination. The City shall promptly submit its
termination claim to FCRTA to be paid to the City. If the termination is for
the convenience of the FCRTA, the City shall be paid its Agreement
close-out costs.
10.1.2 Termination for Default -If either party fails to perform in the manner
called for in the Agreement, or if either party fails to comply with any other
provisions of the Agreement, the other party may terminate this
Agreement for default. Termination shall be effected by serving a notice
of termination on the other setting forth the manner in which the party is in
default. If the Agreement is terminate due to default of the City, the City
will only be paid the contract price for goods and services delivered and
accepted, or services performed in accordance with the manner or
performance set forth in this Contract
If, after termination for failure to fulfill the obligations hereunder,it is
determined that the party was not in default, or that the party had an
excusable reason for not performing,such as a strike, Fire, or flood,
events which are not the fault of or are beyond the control of the party,
the parties, after setting up a new performance schedule, may agree to
reinstate the Agreement and continue work, or treat the termination as a
termination for convenience.
10.1.3 Opportunity to Cure -The non-breaching party, in its sole discretion
may, in the case of a termination for breach or default, allow the other
party thirty (30)days in which to cure the defect, In such case, the notice
of termination will state the time period in which cure is permitted and
other appropriateconditions.
If the defaulting party fails to remedy to the non-defaulting party's
satisfaction the breach or default of any of the terms,covenants,or
conditions of this Agreement within ten (10)days after receipt of written
notice from the non-defaulting party settingforth the natureof said breach
or default, the non-defaulting party shall have the right to terminate the
Agreement without any further obligation to the to the other party [except
as provided in 10.1.2"J.Any such termination for default shall not in any
way operate to preclude either party from also pursuing all available
remedies against the other party and its sureties for said breach or
default.
10.1.4 Waiver of Remedies -In the event that either party elects to waive its
remedies for any breach by the other party of any covenant, term or
condition of this Agreement,such waiver by the party shall not limit that
party's remedies for any succeeding breach of that or of any other term,
covenant,or conditionof this Agreement.
10.1.5 Preservation of FCRTA Property -If this Agreement is terminated while
the City has any of FCRTA's property in its possession,the City shall
promptly return the property to the FCRTA.The City shall protect and
preserve the property until surrendered to the FCRTA or its agent. The
City and FCRTA shall agree on payment for the preservation and
protection of FCRTA's property. Failure to agree on an amount will be
resolved underthe Disputeclause (Section 12.2).
10.1.6 Payment upon Termination.In the event that the City or FCRTA
terminates this Agreement,the FCRTA shall compensate the City for all
outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination.
City shall maintain adequate documentation to verify costs incurred to
that date.
10.2 Notwithstanding the aforementioned clauses,this Agreement shall terminate on
June 30,2013 unless extendedby the writtenconsentof both parties.
SECTION 11. PROVISIONSFOR RENEGOTIATION OF THIS AGREEMENT
The FCRTA and the City may renegotiate the Agreement to provide for the extension of the
terms of the Agreement, which may include, but are not limited to: modifying the level of
services;modifying cost of service; and/or basis for contract rewards and penalties.
11.1 Extensions.The Parties may extend in writing Agreement when signed by the
Contract Administrator of each Party as defined in section 12.12 of this agreement.
Any such renegotiation which would extend the term of this Agreement beyond June
30, 2013, shall endeavor to be negotiated before May 1, 2012, unless expressly
waived in writing by both parties.
11.2 Amendments.The Parties may amend this Agreement only by a writing signed by
the Contract Administrator of each Party as defined in section 12.12 of this
agreement
11.3 Survival.All obligations arising prior to the termination of this Agreement and all
indemnity provisions shall survive the termination of this Agreement.
SECTION 12. MISCELLANEOUS PROVISIONS.
12.1 Breaches, Dispute Resolution and Opportunityto Cure.Prior to filing suit for any
claim under this Agreement for any alleged breach, the aggrieved Party shall first
give the other Party an opportunity to cure the alleged breach by sending written
notice to the breaching party and giving the breaching party a minimum of thirty (30)
days from the receipt of notice to cure the alleged violation.
12.2 Claims and Disputes -The Parties shall make good faith efforts to resolve any and
all Claims and disputes in a timely manner that may from time to time arise during
the term of this Agreement. In the event the dispute cannot be resolved by
agreement of the Parties, the dispute shall be referred to FCRTA's General
Manager. The decision shall be final and conclusive unless within ten (10) days from
the date of receipt of its copy of the General Manager's written decision the City
sends notice of its objection to the decision to the General Manager as provided in
Paragraph 12.13.
It shall be a condition precedent to mediation, arbitration or litigation between the
Parties as to all such matters that a formal decision on all Claims or Disputes be
made by the FCRTA General Manager. It shall be a condition precedent that the
Parties mediate any disputed Claim through non-binding mediation prior to initiating
litigation. Unless mutually waived in writing by both parties, these provisions apply.
12.3 Performance During Dispute -Unless otherwise directed by the FCRTA, the City
shall continue performance under this Contract while matters in dispute are being
resolved.
12.4 Claims for Damages -Should either party to the Agreement suffer injury or
damage to person or property because of any act or omission of the party or of any
of his employees, agents or others for whose acts he is legally liable, a claim for
damages shall be made in writing to such other party within a reasonable time after
the first observance of such injury of damage.
12.5 Rights and Remedies -The duties and obligations imposed by the Contract
Documents and the rights and remedies available there under shall be in addition to
and not a limitation of any duties, obligations, rights and remedies otherwise imposed
or available by law.
12.6 Venue.In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action may be decided by non binding
mediation or arbitration if the parties mutually agree or otherwise venued exclusively
in Fresno County Superior Court or in the United States District Court for the Eastern
District of California.
12.7 Attorneys' Fees.If a party to this Agreement brings any action, including an action
for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys' fees in addition to any other
relief to which that party may be entitled.
12.8 Severability.It is not the intent of either party to violate any laws of the State of
California or of the United States. If a court of competent jurisdiction finds or rules
that any provision of this Agreement is invalid,void,or unenforceable, the provisions
of this Agreement not so adjudged shall remain in full force and effect. The invalidity
in part of any provision of this Agreement shall not void or affect the validity of any
other provision of this Agreement. The parties agree that in the event any provision
of this Agreement is held by a court of competent jurisdiction to be in contravention
of any such laws, then the parties will enter into immediate negotiations to rectify the
offending clause or clauses. The remainder of this Agreement shall remain in full
force and effect.
12.9 Waiver.The failure of any party to enforce, at any time or for any period of time, the
provisions hereof shall not be construed as a waiver of such provisions or of the
rights of any party to enforce each and every provision.
12.10 No Implied Waiver of Breach.The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any
other term of this Agreement.
12.11 Successors and Assigns.The provisions of this Agreement shall inurg to the
benefit of and shall apply to and bind the successors and assigns of the Parties. The
requirements and benefits of this Agreement may not be assigned, transferred or
delegated without the written consent of all parties hereto. This agreement does not
create any third party rights or interests.
12.12 Contract Administration.The City's Fleet Manager and the FCRTA's General
Manager shall be designated as each party's "Contract Administrator". This
Agreement shall be administered by and correspondence shall be directed to these
Contract Administrators or their authorized designees.
12.13 Notices.
Any written notice to the FCRTA shall be sent to:
Jeffrey Webster
Fresno Count Rural Transit Agency
2035 Tulare Street, Suite 201
Fresno CA 93721
,.
Any written notice to C ity shall be sent to :
Jim Schaad
City of Fresno Fleet Management Division
2101 "G"Street Building "F"
Fresno,CA 93706
Notic es shall be deliv ered personally,by confirmed Facsim ile,Conf irmed E-Ma il,or by
prepaid U.S.Mail.
12.14 Integration and Precedence of Documents.This Agreement ,includinq the
Exhibits attached hereto and incorporated herein ,is the entire and integrated
agreement between City and FCRTA and supersedes all prior negotiations,
rep resentations,o r agreements,e ither written o r oral.In event of a conflict ,t he body
of th e agreement shall contro l the Exhibits.
12 .15 Counterparts.T his Agreement may be execu ted in mu ltiple counterparts , each of
wh ich sha ll be an o riginal a nd a ll of wh ich together sha ll cons titute one ag reement.
T he Parties have exe cuted this A greement as of the Effective Date ,Dated thi s _(_of f r-tL i.
2 012.
J EFFREY WEBSTER
Ge neral Ma nager
CITY OF FRESNO
AP ROVED AS TO F
>
AMARPREET DHALIWAL
?C01 6 ;/(-
APPROVED AS TO FORM:
JAMES C .SANCHEZ
City Attorn ey
By:~.c--.....
Robert C.A brams
Deputy City Attorn ey
ATIEST:
YVONNE SPENCE ,CMC
City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
FRESNO COUNTY RURAL TRANSIT AGENCY
AND THE
CITY OF FRESNO
The following Memorandum of Understanding (MOU)sets forth and defines a formal
working relationship between the Fresno County Rural Transit Agency (herein referred to
as FCRTA)and the City of Fresno General Services Department Fleet Management
Division (herein referred to as City of Fresno) for the sole purpose of FCRTA vehicle
maintenance.It is intended that an Interagency Services Agreement ("ISA") will be
developed and executed between the parties as a result of this MOU that specifies the
contractual obligations of the parties.
CHAPTER 1 RECITALS
1.1 CONSOLIDATED TRANSPORTATION SERVICE AGENCY (CTSA)
CO-DESIGNATION
A.In accordance with Chapter 1120 of the 1979 California Statutes, the
Fresno Council of Governments (FCOG) as the Regional Transportation
Planning Agency for Fresno County has co-designated FCRTA and the
Fresno County Economic Opportunities Commission (FCEOC)
as the Rural CTSA for the Rural Fresno County Area as identified in the
FCOG's adopted Assembly Bill 120 Action Plan of 1982 and the Fresno
County Coordinated Human Services Transportation Plan of 2008.
B. In the Fresno Urban Metropolitan Area, the CTSA co-designation is
between the City of Fresno and Fresno County Economic Opportunities
Commission (FCEOC)as identified in the FCOG adopted Assembly Bill
120 Action Plan of 1982 and the Fresno County Coordinated Human
Services Transportation Plan of 2008.
CHAPTER 2 GENERAL PRINCIPLES
2.1 ESTABLISHMENT OF A FORMAL WORKING RELATIONSHIP
A.FCRTA and City of Fresno affirm that a formal working relationship
between their agencies will directly contribute to the coordination and
consolidation process to improve vehicle maintenance for Rural Fresno
County.
B. City of Fresno, as an agency provides fleet vehicle maintenance,and
FCRTA, as an agency provides public transportation service, have mutual
and specific responsibilities relating to the needs of the general public
including: the elderly, the disabled, children and low income groups. The
agencies share a desire to integrate public transportation service by means
of a coordinated and/or consolidated approach to the provision of vehicle
maintenance.
C.FCRTA and City of Fresno recognize that each agency is responsible for
various activities mandated by Assembly Bill 120 Act and the FCOG's
Assembly Bill 120 Action Plan and the FCOG's Fresno County
Coordinated Human Services Transportation Plan and that each can be
more effective in preventing overlap and duplication in carrying out these
and other special transportation responsibilities by maintaining a
continuing awareness of each other's activities and services.
D.FCRTA and City of Fresno affirm that joint action using the authorities
and resources vested in each agency will enhance their mutual efforts to
improve public and social service transportation by consolidating the
vehicle maintenance for Rural Fresno County.
E.FCRTA and City of Fresno hereby express their joint intent to mutually
carryout their responsibilities as a respective co-designated CTSA's in a
manner which shall assure compliance with the Social Service
Transportation Improvement Act and the Assembly Bill 120 Action Plan
of 1979 and Fresno County Coordinated Human Services Transportation
Plan of 2008.
F. The Fresno Council of Governments (FCOG) was mandated, by the local
voter approved Measure - C Expenditure Plan of 2006, to conduct an
evaluation to consolidate the public transit agencies of the City of Fresno,
the City of Clovis, and the FCRTA.
To that end two (2)consultant studies were conducted by Nelson-Nygard
and Associates to further consider consolidation opportunities.And
pursuant to accepted recommendations,the City of Fresno and the FCRTA
have recognized an opportunity to further enhance their mutual
opportunities.Active discussions have raised the prospects of an inter-
agency agreement to formally contract with the City of Fresno for the
FCRTA fleet maintenance services beginning July 1,2012.
G. The State of California's Department of Transportation (Caltrans)and the
Federal Transit Administration (FTA) has had a long standing practice to
encourage "coordination"and "consolidation"between public and non-
profit social transportation agencies as a means to maximize available
resources, equipment and personnel to further enhances services to the
general public including: low income, elderly, disabled, and children.
2
CHAPTER 3 CTSA ADMINISTRATIVE STRUCTURE
3.1 ADMINISTRATIVE COORDINATION
A.FCRTA and City of Fresno shall coordinate the vehicle maintenance
program and shall provide for review of the CTSA goals, policies, and
work programs by the policy making bodies of both agencies.
B. All parties to the Agreement recognize the responsibility of the FCRTA to
perform the day-to-day administrative tasks relating to the development
and implementation of the Rural Fresno County fleet maintenance
program.
C. FCRTA and City of Fresno each agree to designate a member of their
professional staff who shall be responsible for carrying out this
Agreement. These liaison personnel shall meet as often as necessary to
implement review,evaluate and coordinate the on-going vehicle
maintenance activities of the program.
D. The Executive Officers or their designees shall meet periodically to
evaluate the effectiveness of City of Fresno and FCRTA vehicle
maintenance coordination.
CHAPTER 4 DEFINITION OF RESPONSIBILITIES
4.1 CITY OF FRESNO RESPONSIBILITIES
A. City of Fresno shall be responsible for administration and implementation
of the overall FCRTA vehicle maintenance program to improve vehicle
maintenance consolidation for Rural Fresno County. City of Fresno
responsibilities shall include:
I.Provide all FCRTA vehicle maintenance in compliance with California
Highway Patrol (CHP) Motor Carrier Safety Unit.
2.Assurance of compliance with the Annual Maintenance Terminal
Inspection for Certification required by Transportation Development
Act (TDA) for annual funding claim.
3.Assurance of compliance with the California Bureau of Automotive
Repair (BAR) for government fleet Smog Check Program Annual
Report.
3
4. Maintain a system of accounts and maintain financial records in
accordance with the Uniform System of Accounts and accepted
accounting principles.
5. Maintain recordkeeping systems which provide adequate measures of
operations including: billing, invoices, purchasing, sublet repairs and
maintenance.
6. Provide for shuttle drivers and emergency towing services as required.
7. Participate in studies and analysis in cooperation with the FCOG and
FCRTA to identify potential benefits of further consolidation.
8. Provide for incidental on-site and off-site storage of FCRTA back-up
vehicles. The majority of FCRTA's vehicle fleets are stored in distant
outlying rural communities to ensure efficient service.
4.2 FCRTA RESPONSIBILITIES
A. FCRTA shall provide policy guidance and technical assistance necessary
for all vehicle maintenance in accordance with its responsibilities as a
Rural CTSA co-designate.
B. FCRTA shall monitor and evaluate the City of Fresno's performance of all
vehicle maintenance performed.
C. FCRTA shall file claims with FCOG for Article 4, 4.5, and/or 8c
TDNLTF (Transportation Development Act/Local Transportation Fund)
monies and shall act as the prime administrator of those funds for Rural
Fresno County.
D. Payment of monies shall be subject to compliance with the FCRTA annual
Budget and the ISA.
CHAPTER 5 FCRTA BOARD OF DIRECTORS
5.1 RESPONSIBILITIES
A. The FCRTA Board of Directors shall provide policy direction to its
staff.
B. The Board of Directors shall review, comment upon, and formally accept
by adoption resolution the FCRTA's Annual Budget and then Rural
CTSA's Annual Operations Program Budget (OPB).
4
C.The Board of Directors shall review,comment upon, and formally accept
by adoption resolution all claims for TDA monies. FCOG Policy
Board shall retain their rights and responsibilities to act on all Local
Transportation Fund Claims submitted in behalf of all claimants, including
the co-designated CTSA's.
D. The Board of Directors shall review and comment upon the Rural CTSA
Performance Evaluation Report and the Rural Fresno County CTSA
Audit Report.
5.2 PUBLIC NOTIFICATION OF MEETINGS
A. All meeting agendas will be made available to the general public and
interested parties in accordance with the Brown Act. Further, list of
potentially affected social service agencies will be established and
maintained by the FCOG in accordance with responsibilities associated
with it's Fresno County Coordinated Human Services Transportation Plan
as amended.
CHAPTER 6 GENERAL PROVISIONS
6.1 AMENDMENTS
A.This Memorandum constitutes and expression of desire for, and a means
of accomplishing,the general requirement for the development and
implementation of a Consolidated Vehicle Maintenance Program for the
Rural Area of Fresno County.It may be modified, altered, revised, or
expanded as deemed appropriate to that end by written agreement of all
parties.
5
6 .2 T ERM OF AGREEMENT
A.T he terms of this Ag reement shall be deemed con tinuous, but may be
modified, amended and/or terminated at any time, by written s ixty day
(60)notice from one of the parties to the other.
FRESNO COUNTY RURAL T RANSIT
AGENCY
B ~~L0 ~
Amarpree t Dhaliwal,
C hairman
Date:5"1&11.7.--
7 7 I
BY :~~~·---e/!fI:.yo.Webster,~j~G neral Ma nager
C ITY OF FRESNO
B ~/if(f?
Ci ty Manager
Date:~bf;tr
~
-~n sPOIta t ion
Date:b ~2-(P -/Z--
ATTEST:
Y VONNE SPENCE ,CMC
C it C er
,---,",r PROVED AS TO FO RM:
J AMES C. SANC HEZ
C ity~
By:1it:Abrams t{j:/z-or'2-
Deputy C ity A ttorney
6
AG E ND A ITEM NO./A-
COUNCIL MEETING 06-28-1 2
APPR OV ED BY
June 28, 2012
FR OM:
BY:
KENNETH HAMM ,Dire
Departme nt of Transpo rtation
JI M SCHAAD ,Manager f1.,
T ransportation /F leet M ~g em ent Division
CITY MANAG ER
S UBJECT:AUTHORIZE THE D IRECTOR OF TRANSPORTATION ,OR HIS DESIGNEE ,TO
EXECUTE AN AGREEMENT WITH THE FRESNO COUN TY RURAL T RANSIT A GENCY,
TO MANAGE T HE MAINTENANCE A ND REPAIR OF FRESNO COUNT Y RURAL
TR ANSIT AG ENCY VEHICLES
R ECOMM ENDATIONS
Staff recommends th e City Counci l a uthorize th e Director of Tr ansportation, o r his designee,to exec ute a n
agreement wit h th e Fresno County Rural Tr ansit Ag ency (FCRTA),to manage th e maintenance a nd repair of
FCR TA's fl eet ve hicles .PresentedtoCi ty Coun,!
Date ~11 n.
Disposition
EXECUTIVE SUMMARY
A s part of a n overa ll effort to exp lore various possibilities towards ag e ncy co nso lidation,the City of F res no and
th e Fresno County Rural T ransit ag e ncy (FCRTA) have recently recognized potential eff iciency,effecti veness
a nd cos ts gains assoc iated with th e C ity of Fresno's Fleet Management Division perform ing maintenance
act ivit ies f or Fresno County Rura l Tr ansit Vehicles .Th e attached Memorandum of Und erstanding (MOU)
co nstit utes a n expression of de s ir e for th e deve lopm ent a nd impl ementation of a Conso lidated Veh icle
Maintenance Program for th e Ru ra l Ar ea of Fresno Co unty.
I
I
Th e MOU and attached Interagency Agreement affirm t he f orma l work ing relat ionship between the two
agenc ies a nd a means of accomplishing t he development of a Conso lidated Vehicle Ma intenance Program.
Entrance into this ag reement will ben ef it the FCRTA by ma naging their f leet in a manner that provides for more
co nsistency in vehicle se rvice and ma intenance inte rvals as we ll as more cost effective repair s ervice.Th e
ag reement w ill also benefit t he C ity by a llowing the cu rrent o verhead costs c harged t o City cust omers to be
spread across a n additional 85 unit s w ithin th e FCRTA fl eet w ith th e overa ll net effect of reducing Fleet's
overh ead cos t to a ll customers.[.
B ACKGROUND I
The Fresno Council of Governments was mandated by the local voter approved Measure C Expenditure Plan
of 2006, to e valuate potent ia l be nefits of consolidatio n of pu blic t ransit sys tem operations.Su bsequently two
(2) pro fessional co nsultant st ud ies were performed to ex plore vario us possibilities towards age ncy
conso lidation in th e fu ture.In th e meantime, dur ing th ese times of eco nomic un certa inty , a nd th e furth er
decline of loc al,State, a nd Federa l fin ancial resources, each age ncy has exa mined w hat it may need to do to
REPORT TO THE CITY COUNCIL
Execute An Agreement With The Housing Authorities City And County of Fresno
June 28,2012
Page 2
ensure the sustainability of its public services. As part of our mutual ongoing efforts to look for consolidation
opportunities,the Fresno County Rural Transit Agency (FCRTA)and the City of Fresno have recently
recognized potential opportunities for more efficiency,effectiveness,and cost savings could be achieved by
the City of Fresno's Fleet Management Division performing the maintenance activities for FCRTA's entire
vehicle fleet.
During the previous twenty-five (25) years, the FCRTA has utilized the services of a local for-profit vendor.
The Federal Transit Administration and Caltrans have encouraged the FCRTA to explore other competitive
arrangements.The stipulated State and Federal requirements prove to be very challenging for potential
inexperienced vendors who lack "Satisfactory"compliance ratings by the California Highway Patrol (CHP). The
FCRTA recognizes the need to manage their fleet in a manner that provides for more cost effective services,
including: interval preventative maintenance;and/or repairs at labor rates by supervised and experienced
certified mechanics and volume discounts for parts and supplies.
The Fleet Management Division of the Transportation Department engaged in active discussions relative to the
prospects of an inter-agency agreement through which the FCRTA would formally contract with the City of
Fresno for the FCRTA fleet maintenance services beginning July 1, 2012. The attached MOU and
Interagency Agreement are a result of those ongoing discussions,and are consistent with adopted
Consolidated Transportation Service Agencies (CTSA's)"Operations and Budget for Fiscal Year 2012-13". The
MOU constitutes an expression of desire for the development and implementation of a Consolidated Vehicle
Maintenance Program for the Rural Area of Fresno County. The documents affirm a formal working
relationship between the two (2)agencies and are the means of accomplishing the development of a
Consolidated Vehicle Maintenance Program.
Entrance into this agreement will benefit the FCRTA by managing their fleet in a manner that provides for more
consistency in vehicle service and maintenance intervals as well as more cost effective repair service.
The agreement will also benefit the City by allowing the current overhead costs charged to City customers to
be spread across eighty-five (85) additional units, with the overall net effect of reducing Fleet's overhead cost
to all customers. The additional revenue generated by FCRTA business will offset potential internal customer
demand decreases,allowing Fleet Management to retain skilled technicians to improve its current direct cost to
overhead ratios.
The attached MOU and Interagency Agreement provide for the purpose, scope and terms and conditions for
the Fleet Management Division to provide maintenance,repair, and fueling and information management
services for the FCRTA's fleet for a period of one (1) year, with provisions for 5 additional1-year extensions
subject to approval as to form by the City Attorney's office.Under the agreement the FCRTA will be charged
the same rate as current internal City customers.
This initiative builds upon past staff efforts to broaden the customer base of the Fleet Management Division to
outside clients.Currently Fleet performs maintenance services for the Fresno Housing Authority's vehicle
fleet. Staff has previously performed upfitting services for the Fresno Air National Guard.Staff is also pursuing
maintenance and fueling agreements with Fresno City College and the Fresno Unified School District.
REPORT TO THE CITY COUNCIL
Execute An Agreement With The Housing Authorities City And County of Fresno
June 28,2012
Page 3
FISCAL IMPACT
The additional revenue generated through the contract will allow a portion of the current overhead costs to be
spread across a larger number of vehicles, thus reducing the overall net effect of overhead cost to all
customers.Fleet management anticipates that its labor rate could be reduced by approximately $2.00 per
hour, and result is a savings to internal customers by approximately $150,000. The FCRTA expects that its
total maintenance cost for labor, parts, and supplies will be reduced significantly as a direct result of this
mutual arrangement.An amendment to the Annual Appropriation Resolution (AAR) will be submitted at the
beginning of FY2013 to adjust anticipated revenues and request additional appropriations for related
expenditures,
Attachments:MOU between Fresno County Rural Transit Agency and the City of Fresno,
Interagency Agreement between Fresno County Rural Transit Agency and the City of
Fresno