HomeMy WebLinkAboutResolution 2009-053 N.C.S. 04/20/2009Resolution No. 2009-053 N.C.S.
of the City of Petaluma, California
APPROVING FIRST AMENDMENT TO 2006-2009 AGREEMENT
BETWEEN THE CITY OF PETALUMA AND
PETALUMA PEOPLE SERVICES FOR THE
PROVISION OF PARATRANSIT TRANSIT SERVICES
WHEREAS, the Petaluma People Services (PPSC) contract to provide paratransit
services, which expires on June 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 2007 to December 2008 for the Consolidated Metropolitan Statistical Area
covering San Francisco - Oakland - San Jose was 0%; and,
WHEREAS, staff recommends exercising the first year of the option to extend the
agreement, covering Fiscal Year 09110 at no increase to the base cost; and,
WHEREAS, staff also recommends amendment to Section 2.2.4 of the PPSC Agreement
Scope of Services to read in full as follows:
Contractor personnel shall be paid the following minimum pay scale per hour during the term of
Agreement:
RATES OF PAY
LENGTH
OF
SERVICE
FROM
TO
TRAINING
RATE
RATE PER
HOUR
Starting
0 Months
6 Months
$10.00
$12.00
6 Months
6 Months
1 Year
$12.50
1 Year
1 Year
2 Years
$12.75
Resolution No. 2009-053 N.C.S. Page 1
RATES
OF PAY, continued
LENGTH
OF
SERVICE
FROM
TO
TRAINING
RATE
RATE PER
HOUR
2 Years
2 Years
3 Years
$13.00
3 Years
3 Years
4 Years
$13.50
4 Years
4 Years
5 Years
$13.75
5 Years
5 Years
6 Years
$14.00
6 Years
6 Years
7 Years
$14.50
7 Years
7 Years
8 Years
$15.00
8 Years
8 Years
9 Years
$15.25
9 Years
9 Years
10 Years
$15.75
10 Years
10 Years
11 Years
$16.00
11 Years
11 Years
12 Years
$16.25
12 Years
12 Years
13 Years
$16.50
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 rate of pay set in the foregoing
schedule 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 rates of pay in this section on a direct pass through basis.
In any option year in which no increase to Revenue Hour Rates is provided, length of service
increases otherwise provided in this section may be withheld or modified; and,
WHEREAS, a recent (June 2008) Triennial Performance Audit of the City of Petaluma
recommended that the City evaluate inclusion of Section 2.7.2 of the Agreement Scope of
Services, requiring contractors to supplement farebox revenues to comply with the
Transportation Development Act (TDA) farebox recovery requirements, as it appears to not be in
compliance with the TDA definition of "local funds"; and,
WHEREAS, staff recommends deletion of Section 2.7.2 of the Agreement Scope of
Services, in order to comply with State of California Law and Funding obligations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes City Manager to execute the First Amendment to Agreement
Resolution No. 2009-053 N.C.S. Page 2
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
Council of the City of Petaluma at a Regular meeting on the 201h day of April, 2009,
by the following vote:
City
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Babbitt, Renee. Mayor'forliatt
NOES:
None
ABSENT:
None
ABSTAIN:
None
&��ATTEST: _
City Clerk
Resolution No. 2009-053 N.C.S. Page 3
EXHIBIT A
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PETALUMA AND
PETALUMA PEOPLE SERVICES FOR THE PROVISION OF PARATRANSIT TRANSIT SERVICES
This FIRST 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 , 2009, 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 for the Provision of Paratransit Transit Services on July 1, 2006, for the provision of
fixed route transit services from July 1, 2006 to and including June 30, 2009 (the "Agreement");
and,
WHEREAS, the Agreement incompletely identified CONTRACTOR as "Petaluma People Services";
and,
WHEREAS, the PARTIES desire to extend the Agreement for one year, as provided for in Section 3
of the Agreement; and,
WHEREAS, the PARTIES wish to amend Section 2.2.4 to conform to the CITY's Living Wage
Ordinance; and,
WHEREAS, the PARTIES wish to delete Section 2.7.2 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 [THE PETALUMA PEOPLE SERVICES CENTER, a
California corporation].
2. The Agreement period specified in Section 3 of the Agreement shall be extended for one
year, beginning July 1, 2009 and ending June 30, 2010, with no increase in the Monthly Fixed
Fee ($17,651 .62) and Revenue Hour Rates ($32.89) specified in Appendix E to the Agreement
for Fiscal Year 2008-2009, in a total amount not to exceed $463,495 for the period July 1, 2009
through June 30, 2010.
3. Amend Section 2.2.4 of the Agreement Scope of Services to read in full as follows:
Contractor personnel shall be paid the following minimum pay scale per hour during the term of
Agreement:
RATES OF PAY
LENGTH OF
SERVICE
FROM
TO
TRAINING
RATE
RATE PER HOUR
Starting
0 Months
6 Months
$10.00
$12.00
6 Months
6 Months
1 Year
$12.50
1 Year
1 Year
2 Years
$12.75
2 Years
2 Years
3 Years
$13.00
3 Years
3 Years
4 Years
$13.50
4 Years
4 Years
5 Years
$13.75
Resolution No. 2009-053 N.C.S. Page 4
RATES OF PAY, continued
LENGTH OF
SERVICE
FROM
TO
TRAINING
RATE
RATE PER HOUR
5 Years
5 Years
6 Years
$14.00
6 Years
6 Years
7 Years
$14.50
7 Years
7 Years
8 Years
$15.00
8 Years
8 Years
9 Years
$15.25
9 Years
9 Years
10 Years
$15.75
10 Years
10 Years
1 1 Years
$16.00
11 Years
1 1Years
12 Years
$16.25
12 Years
12 Years
13 Years
$16.50
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 rate of pay set in the foregoing
schedule 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 rates of pay in this section on a direct pass through basis.
In any option year in which no increase to Revenue Hour Rates is provided, length of service
increases otherwise provided in this section may be withheld or modified.
4. Section 2.7.2 of the Agreement Scope of Services is deleted in its entirety.
5. 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 Petaluma People Services Center
a California corporation
-32
John C. Brown
City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
Name/Title
Date:
Resolution No. 2009-053 N.C.S.
Page 5