HomeMy WebLinkAboutResolution 2009-201 N.C.S. 12/21/2009Resolution No. 2009-201 N.C.S.
of the City of Petaluma, California
AUTHORIZING CITY MANAGER TO EXECUTE A FIRST AMENDMENT
TO THE 2007-2009 AGREEMENT WITH MV TRANSPORTATION, INC.
TO EXTEND THE CONTRACT BY SIX MONTHS AND DELETE
SECTION 2.7.3 OF THE SCOPE OF SERVICES
WHEREAS, the MV Transportation, Inc. (MV) contract to provide fixed route transit
services, which expires on December 30, 2009, includes a provision to amend the contract for
two additional one-year terms at the lesser of the increase in the CPI or 3.0%; and,
WHEREAS, in exercising the option year, the existing contract states that "any such
extended year shall be increased over that of the preceding year by the inflation rate, as measured
by the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose
Metropolitan Statistical Area, not to exceed an increase of three percent (3%) annually"; and,
WHEREAS, the Association of Bay Area Governments year-over-year change in the
CPI from December 2008 to December 2009 for the Consolidated Metropolitan Statistical Area
covering San Francisco -Oakland -San Jose was 0%; and,
WHEREAS, to align with the recent PPSC (paratransit) contract extension to June 30,
2010, staff recommends exercising the first six months of the first year of the option to extend
the agreement to the conclusion of Fiscal Year 09/10, at no increase to the base cost, with a
provision allowing pass-through of the direct cost associated with bringing wages into
conformance with the City's Living Wage Ordinance; and,
WHEREAS, in response to a recent (June 2008) MTC-TDA Triennial Performance
Audit, and in order to comply with State of California Law and Funding obligations, staff
recommends deletion of Section 2.7.3 of the Agreement Scope of Services.
NOW, T~IEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby:
Resolution No. 2009-201 N.C.S. Page 1
1. Authorizes City Manager to execute a First Amendment to the 2007-2009 contract with MV
Transportation, Inc., attached hereto as Exhibit A and incorporated herein by reference, in
order to:
a. Exercise the first year option for a period of six months, ending June 30, 2010, at no
increase to the base cost, with a provision allowing pass-through of the direct cost
associated with bringing wages into conformance with the City's Living Wage
Ordinance; and
b. Delete Section 2.7.3 of the Agreement Scope of Services in order to comply with
State of California Law and Funding obligations.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 215` day of December,
2009, by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
city
Resolution No. 2009-201 N.C.S. Page 2
EXHIBIT A TO RESOLUTION
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA
AND MV TRANSPORTATION FOR THE PROVISION OF FIXED ROUTE TRANSIT SERVICES
WHEREAS, this FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA AND
MV TRANSPORTATION, INC. FOR THE PROVISION OF FIXED ROUTE TRANSIT SERVICES is made and
entered into this day of , 2009, by and between the City of Petaluma, a municipal
corporation ("CITY") and MV Transportation, Inc., a California corporation ("CONTRACTOR").
CITY and CONTRACTOR are sometimes referred to hereafter as the "PARTIES".
WHEREAS, the PARTIES entered into an Agreement Between the City of Petaluma and MV
Transportation for the Provision of Fixed Route Transit Services from January 1, 2007, to and
including December 30, 2009 (the "Agreement"); and
WHEREAS, the PARTIES desire to extend the Agreement for six months, ending June 30,
2010, rather than for one year, as provided for in Section 3 of the Agreement; and
WHEREAS, the PARTIES wish to delete Section 2.7.3 of the Agreement Scope of Services to
comply with State law.
NOW, THEREFORE, for good and valuable consideration, the PARTIES hereby agree as
follows:
1. The name and capacity of CONTRACTOR is MV TRANSPORTATION, INC., a California
corporation.
2. The Agreement period specified in Section 3 of the Agreement shall be extended for six
months, beginning January 1, 2010 and ending June 30, 2010, at no increase in the
operations budget specified in the Agreement, not to exceed a total cost for the
period, from January 1, 2009 through June 30, 2010, of $335,000, with a monthly fixed
fee of $14,738 and a revenue hour rate of $29.47.
3. Section 2.7.3 of the Agreement Scope of Services is deleted in its entirety.
4. Except as expressly amended herein, all terms and conditions of the Agreement shall
remain in full force and effect as originally executed.
City of Petaluma
By:
John Brown
City Manager
Date
ATTEST:
City Clerk
MV Transportation, Inc.
a California corporation
By:
Name/Title
Date
Resolution No. ?009-201 N.C.S. Page 3