HomeMy WebLinkAbout07/15/1997, 7 - AGREEMENT FOR CAL POLY CONTRIBUTIONS TO SLO TRANSIT City of San Luis Obispo- Cal Poly Transit Agreement
council D.
117
j acEnaa Report t.N
C I TY OF SAN LUIS O B I S P O
FROM: Michael D. McCluskey,Public Works Director `I\
Prepared by: Harry Watson,Transit Manager
SUBJECT: Agreement for Cal Poly Contributions to SLO Transit
CAO RECOMMENDATIONS
I) Approve"Cal Poly, SLO/City Transit System Agreement- Standard Agreement No.
M800041 for the period of July 1997 through June 2001
2) Authorize the Mayor to execute the agreement
DISCUSSION
Background
The proposed agreement would govern continuation of Cal Poly contributions to SLO Transit
over the next four years. This new agreement differs fundamentally from previous agreements
because it focuses on shared cost of service rather than lost fare revenue.
Since 1985-86 Cal Poly students and employees have been able to ride free on SLO Transit by
showing their Cal Poly ID cards to the driver. To compensate the City for lost fare revenue, Cal
Poly paid annual contributions based on total Cal Poly riders and the average expected fare
revenue per passenger. By 1996-97 the success of this arrangement had pushed the calculated
annual contribution level to over$240,000—far beyond what Cal Poly could cover out of its
parking fines and forfeitures fund. Eventually the City and Cal Poly struck an interim agreement
for 1996-97 based simply on what Cal Poly could pay for that year: $169,000.
Because of the funding issues involved and because continued Cal Poly ridership is instrumental
in maintaining lower levels of congestion and promoting better air quality, a Council sub-
committee of Dodie Williams and Bill Roalman was formed, which along with the CAO and the
Public Works Director met with the Vice President of Cal Poly for Administration and Finance
to discuss and negotiate a more stable arrangement for Cal Poly's financing of its portion of bus
service. It became evident that Cal Poly could no longer afford to fully subsidize its students use
of the bus system but also that the "fair share" contribution should remain the responsibility of
Cal Poly.
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City of San Luis Obispo -Cal Poly Transit Agreement
What emerged is an agreement wherein Cal Poly will fully fund its proportionate cost of
providing bus service and will simultaneously charge its students for"passes"which will allow
them unlimited free use of the City bus system during the designated time period for which the
passes are issued. The fees Cal Poly receives from the students will cover the difference between
the$125,000 the University can afford and the contract amount that they must pay the City. The
University anticipates selling the passes on a quarterly basis. Thus student ridership will no
longer be a fully subsidized"free"ride; the students themselves will now partially pay for a
portion of a new form of"free' ridership.
Agreement Provisions
The proposed agreement includes the following provisions:
• The term of the contract will run for four fiscal years, from 1997-98 through 2000-01, a term
which corresponds with the term of the City's recently awarded service contract with Laidlaw
Transit.
• Cal Poly's contributions to SLO Transit will be as follows, assuming there are no changes to
the existing levels of service:
Fiscal Year 1997-98 $169,000
Fiscal Year 1998-99 $174,600
Fiscal Year 1999-00 $182,100
Fiscal Year 2000-01 $187,900
The increases from year to year are based on price increases included in the City's service
contract with Laidlaw Transit. Cal Poly's contributions are based on a percentage share of
the unsubsidized operating cost for the various SLO Transit routes and does not include any
portion of City trolley service. Unsubsidized operating cost is defined as the portion of
operating cost(not including indirect costs) which is not covered by state and federal grants.
• Before significantly altering the cost of transit service, the City will consult with Cal Poly to
resolve how changes will affect contributions.
FISCAL IMPACT
The 1997-98 budget includes the $169,000 contribution scheduled in the first year of the
agreement. This agreement does not resolve the long range funding problems facing the City's
Transit system(i.e. the uncertain future of Federal funding subsidies) but does put a level of
certainty in an area of funding that, in the past, has been in a state of flux.
Attachment: Cal Poly Transit Agreement.
everyone/council a.venda reports/cal poly contributions to slo transit
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v STATE OF CALIFORNIA CO:rCWNCT hl1IMER Atif\'O
M800041
STANDARD AGREEMENT— 96-6 M"'�""`°a'°�10�"¢"""°"""'�°`
96fi000781
(Revuian 1-2.95)
THIS AGREEMENT is made and entered into this 1st day of July, 1997, in the State of California,by and
between the Trustees of the California State University,through its duly elected or appointed,qualified and
actin
TITLE OF OFFICER ACTING FOR STATE AGENCY
Director Of Support Services caugiru.Pdy�5UIC wry•SM L' Ob o' ,hereafter called the CSU,and
CONTRACTOR NAME
City of San Luis Obispo ,hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and
stipulations of the CSU hereinafter expressed,does hereby agree to furnish to the CSU services and materials,as
follows:
(Set forth service to be rendered by Contractor,amount to be paid Contractor,rime jor performance or completion,and attach plans and
specifications,If any).
Contractor to provide BUS SERVICES to the University via SLO Transit in accordance with the following
Exhibits,which are made a part of this agreement by mention thereto:
Exhibit A: Contract Provisions,consisting of 1 page
Exhibit B: Routes&Costs,consisting of 4 pages
The term of this agreement is from July 1, 1997 through June 30,2001.
The amount payable on this agreement shall not exceed Seven Hundred Thinccn Thousand Six Hundred Dollars
($713,600.00).
CONTINUED ON 7 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions attached hereof constitute a part of this agreement.
IN WITNESS WHEREOF,this agreement has been executed by the panics hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY NTRACTOR(IF OILIER TITAN AN INDIVIDUAL,STATE WILMER A
[PRINTED
PORATION.PARTNERSHIP.ETC)
Cat Pol State U ' e n Luis Obispo,CA 93407 ty of San Luis Obispo
BY(AUT SIC AT (AUTHORIZED SIGNATURE)
X
PRINTED NAME OF PERSON SIGNING NAME AND TITLE OF PERSON SIGNING
Ray Macias en Settle,Mayor
TITLE DRESS
Director of Support Services 0 Palm Street,San Luis Obispo, CA. 93403
AMNMu¢Ioautaevnmooatl.®vr PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE
5 see attached see attached see attached
M=AM0WfrrNN► ntWFoRnm CONrACT(OMONALUSE)
$ see attached
TOTAL AMOUNT ENCUMBERED TO DATE CBM CItAPTER STATUTE FISCAL YEAR
see attached
s
10911=0F FXPwDTIURE(CODE AND TITLE)
see attached
1 hereby car*upon my own personal knowledge that budgeted funds are available T.E.L NO. LR NO.
for the period of the expenditure stated above
SIGNATURE OF ACCOUNTING OFFICER DATE
X
Lj Contractor Lj State Agency Lj Accounting Controller U Department
�3
City of San Luis Obispo
Contract MMS00041
I. The Contractor agrees to indemnify,defend and save harmless the State,its officers.agents and employees from any and all claims and losses accruing or
resulting to any and all omm-actoas,subcontractors,materialmen.laborers and any other person,firm or corporation who may be injured or damaged by the
Contractor in the performance of this c antract.
2. The Conhaaor,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 perfnnn 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 droned
proper by the Sate. The coat to the Sate shall be deducted from any sum due the Contractor under this agreement,and the balance,if any,shall be paid the
Coaftwor upon demand
4. Without the written consent of the Sate,this agreement is not assignable by Contractor either in whole or in pan.
S. Time is of the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless nada in writing and signed by the parties hereto,and no oral understanding or
agreement tat 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,unlet otherwise expressly so provided
8. By signing hereon the Contractor swears under penalty of perjury that no more than one final,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 contractor's failure to comply with an order of the
National Labor Relations Board This provision is required by,and shall be con sftcd in accordance with Public Contract Code Section 10296.
9. Contracts that exceed$10,000 to contracting parties shall be subject to the examination and audit of die Auditor General orate state of califomia for a
period of Otree years after foul payment under this contract. The examination and audit shall be confined to those natters connected with the costs of
administering this Contract. (Government Code,Section t 0532}
10. The Contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the Sate of California that
the contractor has,unless exempted complied with the nomfisaimination program reti uircnmcnts of Government Code,Section 12990 and Title 2,California
code of Regulations,Section 8103.
11. Responsive to direction from the Sate Legislature,(Public Contract Codi,Section 10115 d.scq.).Contractor shall cooperate with CSU as it seeks to
increase the statewide participation goals of minority,women,and disabled veteran business enterprises in contract awards. To this end,Contractor shall
inform CSU of any subcontracting or supplier arrangements with minority,women and/or disabled veteran business enterprises.
12. This Agreement shall be Severed by the Laws of the State of California.
13. By signing this Contract,the Contractor hereby rimes under penalty of perjury under the laws of the Sate of California that the Contractor will comply
with the requiranents of the Drug-Free Act of 1990(Government Code,Section 8350 c6 scq.)and will provide.a drug-free workplace.
14. During the performance of this Contract,contractor and its subcontractors shall not unlawfully discriminate,harass or allow harassment,against any
employee or applicant for employment because of sex,ram color,ancestry,religious creed,national origin,physical disability(including t II V and AIDS).
medal disability,medical condition(cenoer),age(over 401 marital status,and denial of family care leave. Contractors and subcontractors awl inure that
the evaluation and treatment of their employees and applicant for employment are free from such diurimination and harassment. Contractor and
subcodraci shall comply with the provisions of the Fair Employment and Housing Act(Government Code,Section 12900 ct seq.)and the applicable
regulations promulgated thereunder(California Cade of Regulations,Title 2,Section 7285.0 ct seq.} The applicable regulations of the Fair Employment
and Housing Commission implemeding Government Code,Section 12990(a-1),set forth in Chapter 5 of Division 4 of Tide 2 of an,California Cede of
Regulations are incorporated into this contract by reference and nude a pan 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
15. Any dispute arising under the terms of this agreement which is not resolved within a reasonable period of time by authorized representatives orcontraclor
mid CSU shall be brought to the attention of the Chief Executive Officer of designated representative of campus for joint resolution At the request oreitter
party,the CSU shall provide a forum for discussion of the disputed item(s),at which time the Director of Support Services or designated representative in the
Office ofthe Chancellor shall be available to assist in One resolution by providing advice to Troth parties regarding CSU contracting policies and procedures.
If resolution of the dispute through these means is pursued without success,either party may seek resolution employing whatever remedies exist in law or
equity beyond this agreemanL
16. The availability of funds for this agreement is contingent upon the approval of do legislature and the governor of necessary funding for any subsequent year
in the state budget
1 7'�
City of San Luis Obispo
M800041
17.Payment for Services:The Contractor shall be reimbursed quarterly in arrears. All Invoices for this
agreement are to be sent to the University Accounting Office,Administration Building,Room 129,
California Polytechnic State University,San Luis Obispo,CA. 93407. All invoices for this agreement
MUST have the Standard Agreement number M800041 listed on them and must be approved for
payment by Cindy Campbell,coordinator for this agreement.
18. Insurance: Contractor shall provide the University with Certificates of Insurance for Worker's
Compensation and General Liability prior to the commencement of the services that shall provide:
1.That the State of California, the Trustees of The California State University, the University,
and the employees,officers,and agents of each are included as additional insureds.
2.That the insurer will not cancel insured's coverage without 15 days prior written notice to the
University.
3.That the State, the Trustees,and the University,and the employees,officers,and the agents of
each.will not responsible for any premiums or assessments on the policy.
2 7'�
City of San Luis Obispo
M800041
EXHIBIT A
CONTRACT PROVISIONS
FOR
CAL POLY CONTRIBUTIONS TO SLO TRANSIT OPERATIONS
Cal Poly, SLO (`Cal Poly") and the City of San Luis Obispo ("the City") have agreed
to a four year contract for Cal Poly contributions to the operations of the SLO Transit,
the City's transit operation. This contract includes the following provisions:
1. The term of the contract will run for four fiscal years, from 1997-98 through
2000-01., a term which corresponds with the term of the City's service contract
with Laidlaw Transit Services, Inc.
2. Cal Poly's contributions to SLO Transit will be as follows, assuming there are no
changes to the existing levels of service:
Fiscal Year 1997-98 $169,000
Fiscal Year 1998-99 $174,600
Fiscal Year 1999-00 $182,100
Fiscal Year 2000-01 $187,900
The increases from year to year are based on cost increases included in the City's
service contract with Laidlaw Transit Services, Inc.
3. Cal Poly's contributions are based on a combination of service hours and a
percentage share of the unsubsidized (unfunded) operating cost for the various
SLO Transit routes. The City understands that there shall be no Cal Poly
contribution for SLO Transit's downtown trolley nor City indirect costs.
Unsubsidized operating cost is defined as the portion of the operating cost not
covered by state and federal grants.
4. Before significantly altering transit service, the City will consult with Cal Poly's
Associate Vice President for Administration.
If the City reduces or increases service on a SLO Transit route, it shall consult
with Cal Poly to determine a mutually acceptable percentage share of the
unsubsidized operating costs using Exhibit B as a basis.
3 :7.46
City of San Luis Obispo
M800041
EXHIBIT B
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