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R-13-06-13-G7 - 6/13/2013RESOLUTION NO. R -13-06-13-G7 WHEREAS, the City of Round Rock has previously entered into an Agreement with Star Shuttle, Inc. for Demand Response Bus Services on the 22nd day of March, 2012 under Resolution No. R -12-03-22-11A2; and WHEREAS, Star Shuttle, Inc. has submitted Amendment No. 1 to the Agreement to provide for changes in the scope of work, amount, route, and fares of the Agreement; and WHEREAS, the City Council desires to enter into said Amendment No. 1 with Star Shuttle, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Amendment No. 1 to Agreement with Start Shuttle, Inc. for Demand Response Bus Services, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of June, 2013. City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0 Awdox\SCC Ints\0112\ 1304\Mi1NICIPAL\00276202.DOC/rmc EXHIBIT „A„ AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND STAR SHUTTLE, INC. FOR DEMAND RESPONSE BUS SERVICES This Amendment No. 1 to the "Agreement Between the City of Round Rock, Texas and Star Shuttle, Inc. for Demand Response Bus Services," hereinafter called "Amendment No. 1" is made as of the day of the month of , 2013 by and between the City of Round Rock, a Texas home -rule municipal corporation (the "City") and Star Shuttle, Inc. ("Star Shuttle"). WHEREAS, the City and Star Shuttle executed that certain Agreement Between the City of Round Rock, Texas and Star Shuttle, Inc. for Demand Response Bus Services on the 22nd day of March, 2012 under Resolution Number 12-03-22-11A2 (the "Agreement"); and WHEREAS, Section 5.3 of the Agreement provides that the number of Revenue Hours contemplated in the Agreement may be increased by subsequent amendment; and WHEREAS, Section 5.4 the Agreement provides that the number of buses contemplated in the Agreement may be increased by subsequent amendment; and WHEREAS, the City and Star Shuttle desire to increase the number of Revenue Hours and buses under the Agreement; and WHEREAS, the City and Star Shuttle desire to allow the City to supply buses for the use of Star Shuttle; and WHEREAS, the City and Star Shuttle desire to amend the Demand Response Bus Service Area; NOW THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and Star Shuttle agree that said Agreement is amended as follows: I. 1.1. Section 5.1 of the Agreement is amended to read as follows: 5.1. Pricing. The parties hereby agree that pricing for the services to be provided hereunder shall be as generally delineated in Exhibit "C," specifically as follows: FIRST YEAR: Unit of Measure Unit Price Extended Price Fixed Capital Costs Month x 12 $9,200 $110,400.00 Variable Operational Costs Revenue Hour x 6,048 $ 48 $290,304.00 Total Price for First Year: $400,704.00 Star Shuttle - Amend No 1 (5-31-13) (00276007)/jmr SECOND YEAR: Fixed Capital Costs Variable Operational Costs Total Price for Second Year: THIRD YEAR: Fixed Capital Costs Variable Operational Costs Total Price for Third Year: FOURTH YEAR: Unit of Measure Month x 12 Revenue Hour x 10,080 Unit of Measure Month x 12 Revenue Hour x 10,080 Unit of Measure Fixed Capital Costs Month x 12 Variable Operational Costs Revenue Hour x 10,080 Total Price for Fourth Year: FIFTH YEAR: Fixed Capital Costs Variable Operational Costs Total Price for Fifth Year: Unit of Measure Unit Price $11,800 $ 49.40 Unit Price $12,400 $ 51 Unit Price $13,000 $ 55 Unit Price Month x 12 $13,000 Revenue Hour x 10,080 $ 56 Extended Price $141,600.00 $497,952.00 $639,552.00 Extended Price $148,800.00 $514,080.00 $662,880.00 Extended Price $156,000.00 $554,400.00 $710,400.00 Extended Price $156,000.00 $564,480.00 $720,480.00 1.2. Exhibit "A" of the Agreement, "Scope of Work," is amended as follows: 1.2.1. Section 6.2 of the Scope of Work is amended to read as follows: 6.2. Demand Response Service: Service is anticipated to require 6,048 Revenue Hours for the first year and 10,080 Revenue Hours each following year. This figure is based on three (3) full-time buses operating for the first year of service and five (5) full-time buses operating each following year. 1.2.2. Section 7.1.7 is added, to read as follows: 7.1.7. The City may provide additional buses for use by Star Shuttle for the operation of Service. If the City provides such additional buses, all 2 obligations and provisions applicable to buses owned by Star Shuttle shall also apply to such additional buses, which obligations specifically include, without limitation, the obligation of Star Shuttle to insure such buses in the same manner as buses supplied by Star Shuttle. 1.3. Exhibit "F" of the Agreement is replaced with Exhibit "F" attached hereto. 1.4. Exhibit "M" of the Agreement is replaced with Exhibit "M" attached hereto. II. 2.1. Capitalized terms not otherwise defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement. 2.2. Except as amended hereby, the Agreement as originally written remains in full force and effect. 2.3. This Amendment No. 1 may be executed in multiple counterparts, which, when combined together, shall constitute an original of this Amendment No. 1. 2.4. This, Amendment No. 1 together with the Agreement, embodies the entire agreement of the parties hereto, and is binding upon and inures to the benefit of the parties to this Amendment No. 1 and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns. The Agreement, as amended hereby, can only be further modified or varied by written instrument subscribed to by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above. CITY OF ROUND ROCK, TEXAS By: Name: Title: Date Signed: FOR CITY, ATTEST: Sara L. White, City Clerk FOR CITY, APPROVED AS TO FORM: 3 Stephan L. Sheets, City Attorney STAR SHUTTLE, INC. By: a Title: /Zes-/ 4i U Date Signed: /jib 23 2yl No Text I tl�aii C ►� FARES AND FARE CONTROL The fares for Demand Response Bus Services are as follows: I. Persons Living in the City Limits. 1) General Fares - $5.00 per person, per trip a. Adults (13 to 59) 2) Discounted Fares - $2.00 per person, per trip a. Youth (12 and under) b. Seniors (60 and over) C. Persons with disabilities d. Low-income persons 11. Persons Living in the Extraterritorial Jurisdiction. 1) General Fares - $7.00 per person, per trip a. Adults (13 to 59) 2) Discounted Fares - $3.00 per person, per trip a. Youth (12 and under) b. Seniors (60 and over) C. Persons with disabilities d. Low-income persons Low-income eligibility will be administered by city staff and reviewed annually. Low-income persons are defined as those persons whose income is equal to or less than 150 percent of the poverty levels, as published annually by the U.S. Department of Health and Human Services in the Federal Register. No passenger will be transported without the appropriate fare without contacting the dispatcher or otherwise in accordance with the City's policy. Star will utilize fare boxes for collection of fares. Operators will not have a key to the fare box. Fares and tickets (if any) will be counted by Star Shuttle staff. Star will utilize money counting equipment and supplies as well as a secure counting area. Driver collections will be reviewed against ridership by Star Shuttle management staff to ensure fare collections are all accounted for. Star stores all monies in a secure drop safe accessible only to management staff pending deposit, with each deposit in locked moneybags. The safe is securely locked. Upon separation of service of persons with safe access, lock or combination will be changed within 15 days. Depositing employees do not have access to the safe interior. Deposit records are entered into the Star accounting system. Deposits will be transported to the bank: in a secure manner. A fare report will be submitted with the monthly invoice. Fares collected will be deducted from the amount owed by the City. All invoices will be prepared by the Accounting Manager and then reviewed and signed by the Project Operations and Compliance Manage prior to submission to the City of Round Rock. Operators will complete their manifest by Iogging required trip information/passenger counts in the designated areas on the manifest. An appropriate entry must be made by the client's disability code: for example, ambulatory, wheelchair, scooter, transfers, escorts, and companions. The Operator will total the number of clients transported for that shift. The Station Foreman will recount each pickup and compare the totals to the Operator's totals. if any discrepancies are found, the Operator will be called in to recount and correct any errors. The Station Foreman will accurately complete the Daily Recap Summary. 2 City of Round Rock '�RWND ROCK TEXAS nrroa neon rAosrrxm Agenda Item Summary Agenda Number: G.7 Title: Consider a resolution authorizing the Mayor to execute Amendment #1 with Star Shuttle regarding expanding service areas, establishing a direct route between Tech Ridge Park & Ride and Sears Teleserv, and adopting new fares. Type: Resolution Governing Body: City Council Agenda Date: 6/13/2013 Dept Director: Gary Hudder Cost: $986,764.80 Indexes: General Fund Attachments: Resolution, Exhibit "A" Text of Legislative File 13-386 As a result of the City's desire to expand the Demand Response Bus Service, to include the ETJ and a direct route between Sears Telesery and Tech Ridge, an amendment to the agreement with Star Shuttle is necessary. Although the capital cost of the two new busses is being primarily funded by a Job Access Reverse Commute (JARC) grant, the City will be responsible for a portion of the purchase price, currently expected to be approximately $37,000 or 20% of the total cost. The JARC grant will also contribute some additional funds for operation and maintenance of the direct route between Sears Telesery and Tech Ridge. The City will own the 2 new buses, but Star Shuttle will operate the additional buses relative to our current operating terms. This amendment will provide the necessary funding from the City to operate and maintain the two new buses. The additional cost for providing the expanded service for the 4 years remaining on the original 5 year contract for service, is $986,764.80 This does not include the anticipated reductions in cost from fares and federal reimbursement. The current fares for Demand Response Bus Service have been unchanged for several years; general fare $2.00 per person, per trip and discounted fares $1.00 per person, per trip. In June 2012 Star Shuttle became the provider of the service. Although the city's relationship with CARTS only required service within the city limits, CARTS chose to provide service in and out of the city limits and include service to the ETJ. As a result of the service change in June of 2012, trips outside of the city limits and service to the ETJ, were curtailed. The City held an open house on April 11, 2013 to seek feedback from the public on a proposed fare increase and expanding service to the ETJ with its own unique fare structure. In general, the public (represented by residents that attended the meeting and those that have provided written feedback) agrees fares should be increased; however, there were concerns raised about the amount of the increase relative to low-income persons. The public also agreed that the ETJ should be included, however, once again a different fare for ETJ residents was a concern. There was a general consensus that more buses are City of Round Rock Page 1 Printed on 8/8/2013 Agenda Item Summary Continued (13-388) needed, in an attempt to closer match capacity with demand. Based on the feedback from the public, the Transportation Department recommends the following changes to the Demand Response Bus Service: 1) General fares - $5.00 per person, per trip 2) Discounted fares - $2.00 per person, per trip 3) Include low-income persons in the discounted fare group as defined by proof of annual income 4) Include the ETJ in the service area 5) Set fares for persons with home addresses in the ETJ to General fares - $7.00 per person, per trip Discounted fares - $3.00 per person, per trip 6) Add capacity with the purchase of two additional buses and establish the direct route between Sears Telesery and Tech Ridge. Cost. $986,764.80 (for four years) = $246,691.20 per year Source of funds: General Fund Staff recommends approval. City of Round Rock Page 2 Printed on 8/8/2013 0 J x o 0 LLJ AMENDMENT NO.1 TO AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND STAR SHUTTLE, INC. FOR DEMAND RESPONSE BUS SERVICES This Amendment No. 1 to the "Agreement Between the City of Round Rock, Texas and Star Shuttle, Inc. for Demand Response Bus Services," hereinafter called "Amendment No. 1" is made as of the 13'1 day of the month of _�t►,e , 2013 by and between the City of Round Rock, a Texas home -rule municipal corporation (the "City") and Star Shuttle, Inc. ("Star Shuttle"). WHEREAS, the City and Star Shuttle executed that certain Agreement Between the City of Round Rock, Texas and Star Shuttle, Inc. for Demand Response Bus Services on the 22nd day of March, 2012 under Resolution Number 12-03-22-11A2 (the "Agreement"); and WHEREAS, Section 5.3 of the Agreement provides that the number of Revenue Hours contemplated in the Agreement may be increased by subsequent amendment; and WHEREAS, Section 5.4 the Agreement provides that the number of buses contemplated in the Agreement may be increased by subsequent amendment; and WHEREAS, the City and Star Shuttle desire to increase the number of Revenue Hours and buses under the Agreement; and WHEREAS, the City and Star Shuttle desire to allow the City to supply buses for the use of Star Shuttle; and WHEREAS, the City and Star Shuttle desire to amend the Demand Response Bus Service Area; NOW THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and Star Shuttle agree that said Agreement is amended as follows: I. 1.1. Section 5.1 of the Agreement is amended to read as follows: 5.1. Pricing. The parties hereby agree that pricing for the services to be provided hereunder shall be as generally delineated in Exhibit "C," specifically as follows: FIRST YEAR: Unit of Measure Unit Price Extended Price Fixed Capital Costs Month x 12 $9,200 $110,400.00 Variable Operational Costs Revenue Hour x 6,048 $ 48 $290,304.00 Total Price for First Year: $400,704.00 Star Shuttle - Amend No 1 (5-31-13) (00276007)/jmr SECOND YEAR: Total Price for Fourth Year: $710,400.00 FIFTH YEAR: Unit of Measure Unit Price Extended Price Fixed Capital Costs Month x 12 $13,000 $156,000.00 Variable Operational Costs Revenue Hour x 10,080 $ 56 $564,480.00 Total Price for Fifth Year: $720,480.00 1.2. Exhibit "A" of the Agreement, "Scope of Work," is amended as follows: 1.2.1. Section 6.2 of the Scope of Work is amended to read as follows: 6.2. Demand Response Service: Service is anticipated to require 6,048 Revenue Hours for the first year and 10,080 Revenue Hours each following year. This figure is based on three (3) full-time buses operating for the first year of service and five (5) full-time buses operating each following year. 1.2.2. Section 7.1.7 is added, to read as follows: 7.1.7. The City may provide additional buses for use by Star Shuttle for the operation of Service. If the City provides such additional buses, all 2 Unit of Measure Unit Price Extended Price Fixed Capital Costs Month x 12 $11,800 $141,600.00 Variable Operational Costs Revenue Hour x 10,080 $ 49.40 $497,952.00 Total Price for Second Year: $639,552.00 THIRD YEAR: Unit of Measure Unit Price Extended Price Fixed Capital Costs Month x 12 $12,400 $148,800.00 Variable Operational Costs Revenue Hour x 10,080 $ 51 $514,080.00 Total Price for Third Year: $662,880.00 FOURTH YEAR: Unit of Measure Unit Price Extended Price Fixed Capital Costs Month x 12 $13,000 $156,000.00 Variable Operational Costs Revenue Hour x 10,080 $ 55 $554,400.00 Total Price for Fourth Year: $710,400.00 FIFTH YEAR: Unit of Measure Unit Price Extended Price Fixed Capital Costs Month x 12 $13,000 $156,000.00 Variable Operational Costs Revenue Hour x 10,080 $ 56 $564,480.00 Total Price for Fifth Year: $720,480.00 1.2. Exhibit "A" of the Agreement, "Scope of Work," is amended as follows: 1.2.1. Section 6.2 of the Scope of Work is amended to read as follows: 6.2. Demand Response Service: Service is anticipated to require 6,048 Revenue Hours for the first year and 10,080 Revenue Hours each following year. This figure is based on three (3) full-time buses operating for the first year of service and five (5) full-time buses operating each following year. 1.2.2. Section 7.1.7 is added, to read as follows: 7.1.7. The City may provide additional buses for use by Star Shuttle for the operation of Service. If the City provides such additional buses, all 2 obligations and provisions applicable to buses owned by Star Shuttle shall also apply to such additional buses, which obligations specifically include, without limitation, the obligation of Star Shuttle to insure such buses in the same manner as buses supplied by Star Shuttle. 1.3. Exhibit "F" of the Agreement is replaced with Exhibit "F" attached hereto. 1.4. Exhibit "M" of the Agreement is replaced with Exhibit "M" attached hereto. II. 2.1. Capitalized terms not otherwise defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement. 2.2. Except as amended hereby, the Agreement as originally written remains in full force and effect. 2.3. This Amendment No. 1 may be executed in multiple counterparts, which, when combined together, shall constitute an original of this Amendment No. 1. 2.4. This, Amendment No. 1 together with the Agreement, embodies the entire agreement of the parties hereto, and is binding upon and inures to the benefit of the parties to this Amendment No. 1 and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns. The Agreement, as amended hereby, can only be further modified or varied by written instrument subscribed to by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above. CITY OF ROUND ROCK, TEXAS By: Nan Title Date FOR CITY, ATTEST: By: Sara L. White, City erk FOR TY, APPROVED AS TO FORM: Ile By. 1Vcl< �a) Steph L. Sheets, City Attorney STAR SHUTTLE, INC. LO -A Title: Mes-1 Oc�VT / C eL Date Signed: A,+11 23', 2 v, �i t MA N 31 Wl "� � � , a•' V11-14 IT�►- _�����ia ►!�-'`''"iii"'_� Ii ��t�; � e4 EXHIBIT "M" FARES AND FARE CONTROL The fares for Demand Response Bus Services are as follows: I. Persons Living in the City Limits. 1) General Fares - $5.00 per person, per trip a. Adults (13 to 59) 2) Discounted Fares - $2.00 per person, per trip a. Youth (12 and under) b. Seniors (60 and over) C. Persons with disabilities d. Low-income persons II. Persons Living in the Extraterritorial Jurisdiction. 1) General Fares - $7.00 per person, per trip a. Adults (13 to 59) 2) Discounted Fares - $3.00 per person, per trip a. Youth (12 and under) b. Seniors (60 and over) C. Persons with disabilities d. Low-income persons Low-income eligibility will be administered by city staff and reviewed annually. Low-income persons are defined as those persons whose income is equal to or less than 150 percent of the poverty levels, as published annually by the U.S. Department of Health and Human Services in the Federal Register. No passenger will be transported without the appropriate fare without contacting the dispatcher or otherwise in accordance with the City's policy. Star will utilize fare boxes for collection of fares. Operators will not have a key to the fare box. Fares and tickets (if any) will be counted by Star Shuttle staff. Star will utilize money counting equipment and supplies as well as a secure counting area. Driver collections will be reviewed against ridership by Star Shuttle management staff to ensure fare collections are all accounted for. Star stores all monies in a secure drop safe accessible only to management staff pending deposit, with each deposit in locked moneybags. The safe is securely locked. Upon separation of service of persons with safe access, lock or combination will be changed within 15 days. Depositing employees do not have access to the safe interior. Deposit records are entered into the Star accounting system. Deposits will be transported to the bank in a secure manner. A fare report will be submitted with the monthly invoice. Fares collected will be deducted from the amount owed by the City. All invoices will be prepared by the Accounting Manager and then reviewed and signed by the Project Operations and Compliance Manage prior to submission to the City of Round Rock. Operators will complete their manifest by logging required trip infornnation/passenger counts in the designated areas on the manifest. An appropriate entry must be made by the client's disability code: for example, ambulatory, wheelchair, scooter, transfers, escorts, and companions. The Operator will total the number of clients transported for that shin. The Station Foreman will recount each pickup and compare the totals to the Operator's totals. if any discrepancies are found, the Operator will be called in to recount and correct any errors. The Station Foreman will accurately complete the Daily Recap Summary.