STAFF REPORT. Clean Air Express Memorandum of Understanding. MEETING DATE: October 1, 2014 AGENDA ITEM: 4

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1 STAFF REPORT SUBJECT: Clean Air Express Memorandum of Understanding MEETING DATE: October 1, 2014 AGENDA ITEM: 4 STAFF CONTACT: Scott Spaulding RECOMMENDATION: Recommend the SBCAG board authorize the Chair to sign a revised Memorandum of Understanding with the City of Lompoc to extend the term of the agreement to July 1, 2016 and make other minor modifications. DISCUSSION: At the October 2012 SBCAG board meeting, the SBCAG chair was authorized to sign a Memorandum of Understanding with the City of Lompoc to operate the Clean Air Express through November 26, SBCAG and City staff have jointly developed a revised draft MOU that extends the expiration to July 1, 2016 and makes minor modifications to the original agreement. Extending the term of the MOU will allow for completion of the North County Transit Plan and time for the Committee to consider any recommendations in the plan regarding administration of regional transit services in North Santa Barbara County. Modifications to the MOU include: Inclusion of a map displaying the bus storage location at the Lompoc airport SBCAG responsibility to provide property damage insurance for fleet vehicles (coverage initiated July 1, 2014) Increasing the level of general liability insurance by the service provider The end date of the agreement has been aligned with the end of FY2015/16 to facilitate both the budget cycle and the transit planning process. Although the agreement has been reviewed by counsel from both agencies, there may be minor changes to the amendment before being brought to the board for consideration. COMMITTEE REVIEW: None ATTACHMENTS: 1. Revised Clean Air Express MOU

2 DRAFT AMENDMENT 1 TO MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS AND THE CITY OF LOMPOC This Amended Memorandum of Understanding ("Amended MOU") is entered into between the Santa Barbara County Association of Governments, hereinafter referred to as SBCAG, and the City of Lompoc, hereinafter referred to as AGENCY, for the purpose of defining agency roles and responsibilities for the operation of interregional commuter transit service in Santa Barbara County. WHEREAS, in October 2012 AGENCY and SBCAG entered into the Memorandum of Understanding to provide interregional commuter transit service in Santa Barbara County; and WHEREAS, AGENCY and SBCAG wish to make technical amendments to the MOU and to extend the termination date; NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereby agree to amend the MOU as follows: 1. Section 1-I is Amended as follows: 1. Clean Air Express Service I. Bus Storage and Park and Ride Lot Facilities The cost of leasing the city-owned Park and Ride lot in Lompoc located adjacent to Cypress St. between I and J streets shall be $1, per month. The cost of storing vehicles at the Lompoc airport shall be $ per month (see exhibit D, Location Map). The costs will be included by AGENCY on the monthly invoice to SBCAG as a pass through cost and be reimbursed by SBCAG. Each rate will be adjusted in July of each year, beginning 2013, by the Consumer Price Index published in April of that respective year by the Federal Bureau of Labor Statistics. To preserve limited North County Measure A Interregional Transit funds, if more cost effective storage and/or park and ride lot facilities can be secured, the use of cityowned facilities for the use of Clean Air Express customers may be terminated by SBCAG in writing and will not constitute or require an amendment to this Memorandum of Understanding. 1

3 2. Section 4 is Amended as follows: 4. Term The term of this Memorandum of Understanding is from November 22, 2012 to 7:00PM July 1, 2016 November 26, One Two one-year options may be exercised by the SBCAG Executive Director SBCAG at the same terms as therein. Said option may be exercised by the Director giving written notice to AGENCY a minimum of 30 days prior to the expiration of the term of this Memorandum of Understanding. 3. Section 7 is Amended as follows: 7. Indemnification and Insurance AGENCY shall indemnify, defend, and hold SBCAG and its officers and employees harmless from all costs, expenses, losses, liabilities, and judgments arising out of or caused by the acts or omission of AGENCY, its officers, agents, or employees, solely in the performance of this Memorandum of Understanding. SBCAG shall indemnify, defend, and hold AGENCY, its officers and employees harmless from all costs, expenses, losses, liabilities, and judgments arising out of or caused by the acts or omission of SBCAG, and its officers, agents, or employees, solely in the performance of this Memorandum of Understanding. SBCAG shall provide property damage insurance for all SBCAG and memberagency owned buses and provide proof of this insurance to AGENCY annually. AGENCY shall provide the following insurance or require that its contracted service provider provide the following insurance, at a minimum: A. Workers' Compensation Insurance with Statutory Limits. This policy shall include employer's liability insurance with limits of at least $1,000,000. B. Commercial General Liability Insurance in the minimum amounts indicated below, including, but not limited to, Contractual Liability Insurance, Products- Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of CONTRACTED SERVICE PROVIDER s work operating the Clean Air Express. Said insurance shall have minimum limits for Bodily Injury and Property Damage Liability equal to the policy limits, but not less than $10,000,000 $1,000,000 each occurrence and $2,000,000 $10,000,000 aggregate. The incremental cost to the contractor of liability insurance at the $10,000,000 level will be included as a pass through cost on the monthly invoice provided by AGENCY. 2

4 C. Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired and non-owned vehicles used in the performance of providing the Clean Air Express, with minimum limits for Bodily Injury and Property Damage Liability equal to the policy limits, but not less than $1,000,000 each occurrence. Coverages shall include 'any auto'. D. Additional Insured for Commercial General Liability and Automobile Liability. AGENCY and Contractor insurance shall include a separate endorsement (Form CG or similar) naming SBCAG and its board members, officials, officers, agents, and employees as additional insureds. E. 30-Day Cancellation Notice The above stated insurance coverages shall be maintained by the contracted services provider until the completion of all of contracted services provider s obligations under any agreement, and shall not be reduced, modified, or canceled without thirty (30) days prior written notice to the Certificate Holder. Contracted services provider shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, nonrenewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy. F. Primary and Non-Contributory All insurance carried by the contracted services provider shall be primary and non-contributory with any insurance carried by SBCAG. The policy must be endorsed to include this verbiage and evidence of coverage provided with the certificate. 4. In all other respects, this MOU shall remain unchanged and in full force and effect. 3

5 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above. CITY OF LOMPOC SBCAG: By: John H. Linn, Mayor By: Steve Lavagnino, Chairperson Date: Date: ATTEST: ATTEST: By: Stacy Alvarez, City Clerk By: James Kemp, Executive Director Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By: Joseph W. Pannone City Attorney By: William M. Dillon Senior Deputy County Counsel Counsel for SBCAG 4

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17 Exhibit A Clean Air Express Specifications Vehicles Publicly owned vehicles are provided to operate the service. See Attachment C, Fleet Composition. Routes 13 round trips each weekday: 5 between Lompoc and Goleta/UCSB 2 between Lompoc and Santa Barbara 3 between Santa Maria and Goleta 2 between Santa Maria and Santa Barbara 1 between Solvang and Goleta See Attachment B, Schedule. Revenue hours annual revenue hours (estimated) There are revenue hours per service day as of September 2012 and between service days per year. There may be up to three days per year with a reduced service schedule during the Christmas holiday period. No service is provided on New Year s Day, President s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day (and the following Friday), Christmas Eve, Christmas Day, and other holidays as designated by SBCAG. Deadheading Revenue miles Daytime bus storage It is critically important to minimize the use of fuel and operation of vehicles while not in service ( deadheading ). Members of the public sometimes question the value of a taxpayer service when buses are operating empty. SBCAG will strongly discourage deadheading buses, for instance, from South Coast to the North County for repairs during the day, due to the high cost of fuel necessary to do this. 387,000 (estimated) Daytime storage costs are currently free. Buses have traditionally been parked on street subject to local parking regulations; the County and the city of Santa Barbara have designated parking for CAE vehicles at the county complex on Calle Real and in downtown Santa Barbara, respectively.

18 SANTA MARIA SERVICE 10 Ride Pass: $50 Monthly Pass: $150 Single Ride: $ w w w.cleanai r E xpress. com Morning Service TO GOLETA Depart Santa Maria: Hagerman 5:15 6:00 6:30 TO SANTA BARBARA Read Down 5:40 6:35 Buellton (Park and Ride Lot) no stop 6:20 Hollister at Coronado 6:10 7:04 7:32 Hollister at Pacific Oaks 6:12 7:06 7:33 Cortona at Castilian 6:14 7:08 7:34 Castilian at Los Carneros 6:16 7:10 7:36 Cremona Dr. 6:18 7:12 7:38 Hollister at Aero Camino 6:20 7:15 7:40 Lindmar at La Patera 6:22 7:18 7:42 Hollister at Pine 6:25 7:21 7:45 Hollister at Kellogg 6:26 7:22 7:46 Hollister at Patterson 6:28 7:25 7:49 County Admin. Campus (Calle Real) 7:30 7:56 6:57 Pesetas Lane 7:34 7:59 State at La Cumbre 7:36 8:02 SANTA BARBARA Mission at De La Vina 7:04 7:50 Anacapa at Anapamu 7:09 7:54 Anacapa at Carrillo 7:11 7:56 Anacapa at Ortega 7:13 7:58 Gutierrez at Nopal 7:15 8:00 Gutierrez at Nopal Afternoon Service SANTA BARBARA FROM GOLETA FROM SANTA BARBARA Read Down 4:35 5:08 Santa Barbara at Ortega 4:40 5:13 Figueroa (Courthouse) 4:43 5:18 Mission at De La Vina 4:51 5:26 GOLETA State at La Cumbre 4:25 Calle Real at Pesetas Lane 4:28 County Admin. Campus (Calle Real) 3:26 4:31 5:00 Hollister at Patterson 3:31 4:36 5:05 Hollister at Kellogg 3:34 4:39 5:08 Hollister at Pine 3:36 4:41 5:10 Lindmar at La Patera 3:39 4:44 5:13 Hollister at Aero Camino 3:42 4:47 5:16 Hollister at Cremona Dr. 3:45 4:50 5:19 Castilian at Los Carneros 3:47 4:52 5:21 Cortona at Castilian 3:49 4:54 5:23 Hollister at Pacific Oaks 3:51 4:57 5:25 Hollister at Palo Alto 3:53 5:00 5:27 Buellton no stop 6:05 Arrive Santa Maria (Hagerman) 4:55 6:07 6:30 6:15 6:45

19 LOMPOC SERVICE 10 Ride Pass: $50 Monthly Pass: $150 Single Ride: $ w w w.cleanai r E xpress. com Morning Service TO GOLETA Depart Lompoc Cypress & J St. 5:30 6:00 6:20 6:25 6:40 Hollister at Coronado 6:15 6:45 7:10 Hollister at Pacific Oaks 6:16 6:46 7:12 Cortona at Castilian 6:20 6:49 7:10 Kmart: 7:15 Castilian at Los Carneros 6:22 6:51 UCSB 7:32 Bus Loop Cremona Dr. 6:24 6:53 7:13 7:20 7:34 Hollister at Aero Camino 6:27 6:56 7:16 7:37 Lindmar at La Patera 6:29 6:59 7:39 Hollister at Pine 6:31 7:02 7:20 7:43 Hollister at Kellogg 6:33 7:04 7:46 Hollister at Patterson (mid-block) 6:35 7:06 7:50 County Admin. Campus (Calle Real) 7:13 7:26 Pesetas Lane 7:16 7:36 State at La Cumbre 7:20 7:40 8:00 SANTA BARBARA 7:30 TO SANTA BARBARA Read Down 6:00 6:45 Mission at De La Vina 7:00 7:45 Anacapa at Anapamu 7:04 7:47 Anacapa at Carrillo 7:05 7:48 Anacapa at Ortega 7:06 7:49 Gutierrez at Nopal 7:08 7:51 Gutierrez at Nopal Afternoon Service SANTA BARBARA FROM GOLETA FROM SANTA BARBARA Read Down 4:30 5:00 Santa Barbara at Ortega 4:35 5:05 Figueroa (Courthouse) 4:38 5:10 Mission at De La Vina 4:46 5:18 GOLETA State at La Cumbre 3:39 4:15 4:53 Calle Real at Pesetas Lane 3:42 4:18 4:56 County Admin. Campus (Calle Real) 4:10 4:21 5:00 Hollister at Patterson 3:49 4:27 5:06 Hollister at Kellogg 3:52 4:31 5:10 Hollister at Pine 3:54 4:18 4:33 5:12 Lindmar at La Patera 3:57 4:36 5:15 Hollister at Aero Camino 3:59 4:21 4:38 5:17 Hollister at Cremona Dr. 4:01 4:40 UCSB 5:19 Bus Loop Castilian at Los Carneros 4:03 4:25 4:42 4:40 5:22 Cortona at Castilian 4:05 4:28 4:45 Storke*: 4:45 Hollister at Pacific Oaks 4:07 4:48 5:27 Hollister at Palo Alto 4:09 4:50 5:30 Arrive Lompoc: Cypress & J St. 5:09 5:30 5:45 5:45 6:30 5:50 6: * Bus stop on Storke Road northbound at Santa Felicia Dr. 5:24

20 Clean Air Express Service for Buellton and Solvang CleanAirExpress.com SANTA YNEZ VALLEY Morning Service To Goleta Solvang (Mission Dr./Park Way) 6:15 Afternoon Service To Santa Barbara Buellton (Park and Ride Lot) 6:25 6:20 GOLETA Hollister at Coronado 6:55 Hollister at Pacific Oaks 6:56 Cortona at Castilian 6:58 Castilian at Los Carneros 6:59 Cremona Dr. 7:01 Hollister at Aero Camino 7:04 Hollister at Pine 7:07 Hollister at Kellogg 7:08 Hollister at Patterson 7:10 County Admin. Campus (Calle Real) 7:17 6:57 Pesetas Lane 7:20 State at La Cumbre 7:23 SANTA BARBARA Mission at De La Vina 7:04 Anacapa at Anapamu 7:09 Anacapa at Carrillo 7:11 Anacapa at Ortega 7:13 Gutierrez at Nopal 7:15 SANTA BARBARA Gutierrez at Nopal 5:08 Santa Barbara at Ortega 5:13 Figueroa (Courthouse) 5:18 Mission at De La Vina 5:26 GOLETA State at La Cumbre 4:34 Calle Real at Pesetas Lane 4:37 County Admin. Campus (Calle Real) 4:40 Hollister at Patterson 4:45 Hollister at Kellogg 4:48 Hollister at Pine 4:50 Hollister at Aero Camino 4:54 Hollister at Cremona Dr. 4:57 Castilian at Los Carneros 4:59 Cortona at Castilian 5:03 Hollister at Pacific Oaks 5:05 Hollister at Palo Alto 5:07 SANTA YNEZ VALLEY Buellton 5:38 6:05 Solvang 5:48

21 2012 Clean Air Express Urban Bus Fleet Engine/Year Current Classification Manufacturer Model Year Notes DD S60/2003 UB MCI 2003 Trap Installed December 2009 DD S60/2003 UB MCI 2003 Trap Installed December 2009 DD S60/2003 UB MCI 2003 Trap Installed December 2009 DD S60/2003 UB MCI 2003 Trap Installed December 2009 Cummins ISX/2009 UB MCI 2009 Cummins ISX/2010 UB MCI 2010 Cummins ISX/2011 UB MCI 2011 Extended warranty included in 2011 purchase Cummins ISX/2011 UB MCI 2011 Extended warranty included in 2011 purchase Cummins ISX/2011 UB MCI 2011 Extended warranty included in 2011 purchase International UB International seat cutaway used on Solvang route

22 2012 Clean Air Express Transit Fleet Vehicle Fleet Engine/Year Current Classification Manufacturer Model Year Notes Cummins ISM/2002 TFV Van Hool 2002 Cummins ISM/2002 TFV Van Hool 2002 DD S60/2003 TFV MCI 2003 DD S60/2003 TFV MCI 2003 DD S60/2003 TFV MCI 2003