HomeMy WebLinkAboutResolution 2010-035 N.C.S. 03/15/2010Resolution No. 2010-035 N.C.S.
of the City of Petaluma, California
APPROVING SECOND AIVIENDMEN'T TO 2007-2009 AGREEMENT BETWEEN T~IE
CI'~Y OF PE'~'Ag,IJ1VIA AND PETALUMA PEOPLE SERVICES CEN`I'ER FO12 TH~
P1tOVISION OF PARATRANSIT SEI2VICES
W~IEREAS, the PARTIES exercised the first of two potential one-year extension
options on April 20, 2009 extending the Agreement from July 1, 2009 to, and including June 30,
2010, with terms indexed at the lesser of the increase in the CPI or 3.0%; and,
W~IEREAS, 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% as of October 2009; and,
WHEREAS, Pursuant to the City of Petaluma's Living Wage Ordinance, adopted on
November 20, 2006 and codified at Petaluma Municipal Code Chapter 8.36, should any set rate
of pay be less than the Living Wage rate established by City Council resolution, pursuant to
Petaluma Municipal Code Chapter 8.36, Contractor shall pay employees no less than the Living
Wage rate. City shall compensate Contractor for any difference between the Living Wage rate
and the bid or collective bargain rate of pay on a direct pass through basis; and,
WHEI2EAS, City shall now provide all fuel and maintenance services to PPSC, and
PPSC will no longer be responsible for fueling of its three vehicles, and maintenance labor on all
City and PPSC vehicles as part of this contract, and PPSC shall lower its~ annual fixed fees to
City in the amount of $36,000 in FY 10/11; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes City Manager to execute the Second Amendment to Agreement
Resolution No. 2010-035 N.C.S. Page 1
between the City of Petaluma and Petaluma People Services for the Provision of Paratransit
Services attached to ~this resolution as Exhibit A and incorporated herein by reference.
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 Appr v'd as to
Council of the City of Petaluma at a Regalar meeting on the I~`~ day ol' March, f
201Q by the following vote:
AYES: [3arrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Rence, Mayor "1'orliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~~
City Clerk
Resolution No. 2010-035 N.C.S.
rney
Page 2
Exhibit A to Resolution 2010-035 N.C.S.
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA AND PETALUMA
PEOPLE SERVICES FOR THE PROVISION OF PARATRANSIT TRANSIT SERVICES
This SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA AND PETALUMA
PEOPLE SERVICES FOR THE PROVISION OF PARATRANSIT TRANSIT SERVICES is made and entered
into this day of , 2010, by and between the City of Petaluma, a municipal
corporation ("CITY") and Petaluma People Services Center, 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 Petaluma
People Services Center for the Provision of Paratransit Transit Services from July 1, 2006 to June
30, 2009 (the "Agreement"); and,
WHEREAS, the PARTIES exercised the first of two potential one-year extension options on April 20,
2009, extending the Agreement from July 1, 2009 to, and including June 30, 2010; and,
WHEREAS, the PARTIES desire to exercise the final available option year, and extend the
Agreement for one additional year, as proVided for in Section 3 of the Agreement; and,
WHEREAS, the PARTIES wish to continue adherence to the CITY's Living Wage Ordinance as
detailed in Amendment One (City shall compensate Contractor for any difference between the
Living Wage rate and the rates of pay in this section on a direct pass-through basis); and,
WHEREAS, the PARTIES agree to amend Section 2.4 to clarify that PPSC shall no longer provide its
own fuel and maintenance labor and that City shall begin to provide all fuel and maintenance
labor to PPSC for the term of this agreement extension, and in return PPSC shall reduce its annual
fixed rate to the City by $36,000 ($3000 per month); and,
NOW, THEREFORE, for good and valuable consideration, the PARTIES hereby agree as follows:
The Agreement period specified in Section 3 of the Agreement shall be extended for
one final additional year, beginning July 1, 2010 and ending June 30, 201 1, with a
decrease in the Monthly Fixed Fee ($14,651.62; was $17,651.62) and no change in
Revenue Hour Rates ($32.89) specified in Appendix E to the Agreement.
2. Amend Section 2.4 of the Agreement Scope of Services to read in full as follows:
PARTIES agree to amend Section 2.4 to clarify that PPSC shall no longer provide its own
fuel (PPSC was providing its own fuel for three vehicles that are under PPSC ownership),
and maintenance labor (PPSC was obtaining Maintenance labor from an outside
vendor), and that City shall begin to provide all fuel and maintenance labor to PPSC
for the term of this agreement extension, and in return PPSC shall reduce its annual
fixed rate to the City by $36,000 ($3000 per month).
Except as expressly amended herein, all terms and conditions of the Agreement shall
remain in full force and effect as originally executed.
Resolution No. 2010-035 N.C.S. Page 3
City of Petaluma
By:
John C. Brown
City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
Petaluma People Services Center
a California corporation
By:
Name/Title
Date:
Resolution No. 2010-035 N.C.S. Page 4