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Home My WebLink About11/15/1994, C-2 - TRANSIT AGREEMENT BETWEEN CALIFORNIA POLYTECHNIC STATE UNIVERSITY AND THE CITY OF SAN LUIS OBISPO MEETING DATE: �o��►►b►►I�Ih►�@��Ina�� city of San lues OBispo 11-15-94 Ilia; COUNCIL AGENDA REPORT ITEM NUMBER: /- FROM: Michael McCluskey, Director of Public Works Prepared by: Harry Watson, Transit Manager SUBJECT. Transit agreement between California Polytechnic State University and the City of San Luis Obispo RECOMMENDATION: By motion, approve and authorize the Mayor to execute this transit agreement in the amount of $245,658 for FY 199495 between California Polytechnic State University and the City of San Luis Obispo DISCUSSION: For several years there has been a successful program which allows Cal Poly students and faculty to ride SLO Transit without paying a fare at the farebox. This request is a continuation of that program. The fare is paid by the University in two lump sum payments. This mutually agreeable relationship has been beneficial to both the University student body, the faculty, and to the City. A fare amount of approximately $245,658 has been negotiated with the representatives of the University for services that will be rendered during fiscal year 1994/95. The fare charged the University is based on a formula which includes: 1) ridership by Cal Poly students and faculty during the most recent calendar year, and 2) a ridership versus cost factor. Payment for this contract is funded from on-campus parking ticket revenues. As SLO Transit ridership has increased, parking ticket revenues have decreased. As a result the University is using other accounts to fund some on-campus activities formerly funded from the ticket revenue, so as to be able to continue this partnership. The formula used to calculate the Cal Poly farebox as stated in the Transit Agreement is as follows: • Total 12 Month Ridership (January 1993 to December 1993): (from on-board driver counts) 888,174 • Less non Cal Poly Riders 396.858 • Cal Poly Riders 491,316 • 199495 per Rider Fee x $0.50 • 1994-95 Agreement $245,658 The five year history of the Cal Poly farebox has been: 1993-94 $246,250 1992-93 177,250 1991-92 1351132 1990-91 98,325 1989-90 88,000 The slight reduction from last year is due to the method riders to Cal Poly were counted in previous years. To lessen the impact to the.City, the rate per passenger was raised to the full fare $0.50 level. L'oZ-� 'o"%JgJJ1%wJ11 city of San WI S OBISPO ni;% COUNCIL AGENDA REPORT Cal Poly Page 2 FISCAL IMPACT: The approved Transit budget for Fiscal Year 199495 is $1,135,000. Of that amount, the total projected farebox is projected to be $337,000, or 30% of the cost of operating the system. The Cal Poly farebox for FY 1994-95 for Cal Poly accounts for 73% of the City's projected farebox total. Attachments: Agreement Initial negotiation letter to the University PC'y-M~ CAL POLY CALIFORNIA POLYTECHNIC STATE UNIVF11SITY , SAN Luis 0815pe, CA L1340- PL 134 iPL RCHASI\G OFFICE OgO5) 77t-:_'-; FAX (,sl'5) 7;t.ci 0 San Luis Obispo Transit System August 22, 1994 990 Palm Street San Luis Obispo, CA 93403 Re: Contract Number P500822 1.XXX Please sign and return the original and all copies of the contract for further processing. Contract is of no force and effect unless and until approved by or on behalf of the Trustees of the California State University. No work or services shall be performed prior to the granting of such approval and the receipt of the fully executed document by Contractor. 2.xxx Worker's Compensation: As required by Labor Code Sections 1860, 1861, and 3700, prior to the commencement for work, the successful bidder must provide the campus with a certification of insurance issued by an insurance carrier licensed to write Worker's Compensation Insurance in the State of California. 3.=z Public Liability and Property Insurance: Section 3.07 (b) of the Contract General Conditions requires that the contractor provide the campus proof of public liability and property damage insurance coverage prior to the commencement of work. The insurance required under this section shall name the State of California, the Trustees, the University, their agents, officers, and employees as additional insureds. In addition, the policy shall provide: (1) that the coverage cannot be cancelled without 15 days prior written notice to the University, and (2) that the State, the Trustees, and the University will not be responsible for any premiums or assessments on the policy. (NOTE: Substitute language will not be acceptable and will require a new certificate. ) 4. Please sign the original and all copies of the contract. Return the copies to this office and retain the original for your files. 5. Enclosed is one fully executed copy of the contract for your files. 6. Please fill out the enclosed Statement of Compliance and Drug-Free Workplace Certification and return it to this office with the signed contracts. Thank you for your cooperation. If you have any questions or need additional information in processing this agreement, please call me at (805) 756-2231. Please send me a copy of the City of SLO Council Agenda Report on the Transit Agreement and also a current copy of the letter sent to Cal Poly for the 1994-95 in reference to this agreement. Margot Ochoa Purchasing Office Buyer III SHE CALIFORNIA :?ATE L\IVERFITI' C=�-3 sATsoRI'AUFoaIw► colrnucrnuMBEx APPROVED ❑❑ CONTRACTOR EEN0. STATE AGENCY'STANDARD AGREEMENT - roGENERAL PWW M STO.1(RhV•T/etn CONrRACroas STXTE LDL NUMBER ❑ DEFT.OF GEN.SER 96.6000781 ❑ CONTROLLER THIS AGREEMENT, made and entered.into this IST day of JULY. 199% ❑ in the State of California, by and between State of California, through its duly elected or appointed, ❑ qualified and acting TITLE OF OFFICER ACTING FOR STATE ACFNCV hereafter called the State,and ptayeement a Support Services Orr'ieer California Polytechnic State University,San Luis Obispo SAN LUIS OBISPO TRANSIT SYSTEM hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Sa fmr6 service w be rmdned by Cmraaedm,mnowu In be paid CmIroaor,&w for pnfarmenee or wmPlew%and atrach plmts and*ecificauot4 if Ery.) CAL POLY,SLO/CITY NO FARE PROGRAM TRANSIT SYSTEM AGREEMENT The attachment, marked EXHIBIT"A", hereto is made a part of this agreement by reference thereto. The term of this agreement is from July 1, 1994 through June 30, 1995. The Fiscal Year 1994-95 Fee Calculation is using the Ridership projected to be 492,000.Total amount payable on this Agreement shall not exceed Two Hundred Forty Six Thousand Dollars ($246,000.00). CONTINUED ON-IL SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY [PRJ NTRACTOR(IF OTHER THAN AN 1NDIV(DUAL.STATE WTIETHER A CORPORATION. Cal Poly State University,Sang, CA 93307 ��•EM) Y OF SAN LULS OBISM TRANSIT SYSTEM BY(A NATU - (ALrQi0 SIGNATU ) X PRINTED NAME PERSON SIGNU40 IYTED t ME ANDTI LE OF PERSON SIGNING Ray Macias : :- TITLE DRESS Director of Support Setviera PALM STREET,SAN LUIS OBISPO,CA 93403 AMOUNT ENCUMBERED BY PROGRAM/CATEGORY(CODE AND TBE) FUND Tina DLpanrnem of General Services THIS DOCUMENT PRF-Cr1Y BUS PROGRAM PARE )G REV. Use Only PRIOR AMOUNT ENCUMBERED PUBLIC SA SAFETY SERVICES/JOSEPH C.RISSER FOR THIS CONTRACT 5 ITEM CH&PrFR STATUTE FISCAL YEAR TOTAL AMOUNT ENCUMBERED 506 1292 65 9495 TO DATE OW8LT of E(PENDRURC(CODE AND TRL17 s 662205-5530—EC89700 a 89MI I hereby cemb apon my am personal kww'k*dial budpM frmds are TAA NO. B.R.NO. mailable for the period Of the espeaditurc sratcd above. �.. SIGNATURE OF ACCOUNTING OPPICER DATE/ X A 0'a I " I., f 8B -.9m CITY OF SAN LUIS OBISPO TRANSIT SYSTEM STANDARD AGREEMENT NO. P500822 PACE 2 L The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all daims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, Laborers and any other person,firm or corporation furnishing or supplying work,services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses aoaving or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2 The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Tune is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to.be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. CITY OF SAN LUIS OBISPO TRANSIT SYSTEM STANDARD AGREEMENT NO.P500822 PAGE 3 STATEMENT OF COMPLIANCE: Contractor shall sign a Statement of Compliance that certifies under the Penalty of Perjury under the laws of the State of California that the Contractor, has unless exempted, complied with the nondLwimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103. If the Statement of Compliance is not signed by the person authorized to enter this agreement, this agreement is void. ^"NTF ACTORS NATIONAL LABOR RELATIONS BOARD CERTIFICATION: By signing this agreement, the contractor certifies that no more than one fmal unappealable finding of contempt of court by a Federal Court has been issued against the contractor within the immediately preceding two-year period because of the contractoes failure to comply with an order of a Federal Court which ordered the contractor to comply with an order of the National Relations Board (Public Contract Code Section 10296). LAMINATION AND AUDIT OF CONTRACTING PARTIES: The contracting parties shall be subject to the examination and audit of the Auditor General for a period of three years after final payment under the agreement.The examination and audit shall be confined to those matters with the performance of the contract, including, but not limited to, the costs of administering the contract. DISCRIMINATION CAUSE During the performance of this agreement, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, contractors and subcontractors shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provision of the Fair Employment and Housing Act (Government Code, Section 12290 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code,Title 2,Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 set forth in'Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this agreement by reference and make a part hereof as if set forth in full, Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. DRU -FREE WORKPLACE CERTIFICATION: By signing this agreement, the contractor hereby certifies under penalty of perjury under the laws of the State of California that the contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a Drug-Free Workplace by performing all the requirements Failure to comply with these requirements may result in suspension of payment under the contract or termination of the agreement or both and the contractor may be ineligible for award of any future State contracts if the department determines that any of the following has occured: (1) the contractor has made false certification or (2) violates the certification by failing to carry out the requirements as noted in the attachment. NONDISCRIMINATION CLAUSE (OCP - 2) 1 , During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, .physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestryj physical handicap, mental disability medical condition, marital status, age or sex, Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination, �. Contractor shall comply with the provisions of the Fair Emloyment and Housing Act (Government Code, Section 12900 et seq, ), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285,0 et seq, ), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code Government Code, Sections 11135-11139.5) and the regulations or stand- ards adopted by the awarding State agency to implement such article, 3, Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement , 4, The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract, STD. 178 (MW 5.821 State of California DRUG-FREE WORKPLACE CERTIFICATION aid. 21 (new 11-90) compay ., The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code 8355(b), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c) that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the contractor or grantee may be ineligible for award of any future state contracts if the department determines that any of the following has occurred: (1) the contractor or grantee has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. oirrir.N� John Dunn Dreramod 8-25-94 Eno dindoComryof San Luis Obispo I r�h City Administrative Officer redad I.D.Nambv city of sAn tuis oaspo 955 Morro Street • San Luis Obispo, CA 93401 Mr. Frank Lebens Vice President, Business Affairs California State Polytechnic University San Luis Obispo, CA 93407 re: CAL-POLY Contract negotiations for SLO Transit FY 1994-95 Dear Mr. Lebens: The Cal Poly- San Luis Obispo City Transit partnership has for many years been one of the most successful alternative transportation programs in California. Staff receives numerous inquires from all across the United States and Canada for information and statistics on our joint program. During negotiations last year, Joe Risser was very forth right in sharing your funding position and the deficit funding necessary to make our current contract whole. Continuing in our spirit of full disclosure,- I have attached to this letter an actual expenditure sheet for SLO Transit operations (attachment 1) . I have also attached a ridership work sheet containing month by month passenger counts (attachment 2) . In order to eliminate any possibility of duplicating student rider count, we are this year subtracting all Cal Poly ridership counts on our Route Three. Route 3 serves the So. Broad, Tank farm Rd. and So. Higuera areas. This is the only route that does not directly serve Cal Poly as those wishing to go to the campus must transfer onto any of our other four routes. It should be noted that Cal Poly riders on this route may be going to the campus, the City library or other destinations in town. As we have no way of differentiating those trips, we will simply discount all of the trips. As in the past, the cost of overhead paid by City Transit, and all local match funding of capital projects will not used in computing the Cal Poly farebox contribution. The net operating cost of SLO Transit is calculated by deducting the FY 1992-93 farebox revenues from the FY 1992-93 service contract expenses. The Cal Poly FY 1992-93 contribution was $177, 010. Per Passenger cost is then arrived at by dividing the total passenger counts for FY 1992-93 (875,463) into the net FY O The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781.7410. L1/1v Q 1992-93 operating cost (government subsidized cost) . It is important to note that this the first year we have seen the results of the increased Cal Poly contribution as this contribution helps hold down subsequent increases by moderating the net cost of the service. NET OPERATING COST - FY 1992-93 Expenditures less overhead and capital $768,724 Less total farebox (Cal Poly=$177,010) <257. 871> Net Government Funding $ 510,853 COST PER PASSENGER: (Government funding rate) Net Operating Cost------ FY 1992-93 510,853 =$.58 per Passengers-------------- FY 1992-93 875,463 RIDERSHIP - CALENDAR YEAR 1993 Cal Poly Ridership is computed as follows: System wide ridership 888,174 Cal Poly riders system wide 490,257 Less Route 3 Cal Poly riders <20,746> Plus 1/2 of disabled riders 21 . 805 Total Cal Poly Riders 491,316 CAL POLY CONTRIBUTION - FY 1994-95 Two components make up the Cal Poly contribution, last years ridership (calendar) times last years cost per passenger. 491, 316 passengers x $.58 per passenger = $284,963.. However the current farebox charge of $.50 .is less than the per passenger cost. Therefore the lower rate shall be applicable to Cal Poly, that being $.50 per passenger x 491, 316 = $245, 658 Therefore, the contract charge for transit to Cal Poly for FY 1994- 95 is $245, 658 (a reduction of $592 from the current years contract) . As in previous years, two equal payments ( $122,829 for this contract) should be made to the City in July 1994 and January of 1995. In summary, this single program does more to increase Cal Poly's average vehicle ridership than any other. The City has laid out it's routes and times to match the needs of the University. The City has purchased additional primary and tandem buses, adds and subtracts service levels throughout the year to meet the unique ridership needs of the University. Cal Poly has made the financial commitment to support the program and has lent advisory support on the Mass Transportation Committee since the systems inception. • f. Together, we have developed a program that serves the University and the Community well. We look forward to many years of a continuing, mutually beneficial program. Sincerely, Harry Watson Transit Manager Polyltr2 Attachment 1 CALPOLY FARE COMPUTATION FISCAL YEAR 1992-93 SLO TRANSIT EXPENDITURES ADMINISTRATION [PERSONNEL, MARKETING, OFFICE EXP. , TRAVELS $ 92, 516 CONTRACT SERVICE [VEHICLE MAINTENANCE] S 98,015 CONTRACT SERVICE [OPERATION, FUEL] $573, 272 UTILITIES [WATER, TRASH, SHELTER CLEANINGS $ 4, 921 *TOTAL OF ACTUAL OPERATING EXPENDITURES $768,724 COST APPLIED [OVERHEADS $162,700 LOCAL CAPITAL EXPENDITURE [BUS STOPS, NEW BUSES, TRANSFER CTR. , USED BUSES, BUS REHAB.] $303. 518 TOTAL 51, 234,942 * = COST OF OPERATING USED IN COMPUTING CALPOLY CONTRIBUTION • polycow `. 607%VZ Attachment 2 CAL POLY RIDERSHIP - 1993 Month Total Poly Rt. 3 Rt. 3 SO% Total Trips Trips Total Students Disabled Poly Jul(92) 59,982 Aug 57,404 Sep 53,949 Oct 93,462 Nov 73,847 Dec 53,304 ---------------------------------------------------------------------- Jan(93) 88,669 58,532 9,018 2,601 1,727 57,658 Feb 87,487 57,885 10,191 2,746 1,853 56,992 Mar 77,968 43,844 10,403 2,048 2,037 43,833 Apr 92,059 58,022 9,247 1,716 11701 58,007 May 81,072 50,278 8,474 1,556 1,711 500433 Jun 56,260 24,114 8,678 11200 1,569 24,483 Jul 56,926 16,283 9,291 1,123 1,524 16,684 Aug 56,826 15,757 8,893 1,091 1,727 16,394 Sep 63,006 29,878 8,882 11657 1,963 30,184 Oct 93,176 59,847 10,116 2,400 21235 59,682 Nov 83,502 50,912 81578 1,572 2,165 51,505 Dec 51,223 24,905 80910 11036 1,593 25,462 Total 888,174 490,257 111,581 20,746 21,805 491,316 Polyride