HomeMy WebLinkAbout05-03-2016 Item 09 LOSSAN Agreement with SLO Transit
Meeting Date: 5/3/2016
FROM: Daryl Grigsby, Public Works Director
Prepared By: Gamaliel Anguiano, Transit Manager
SUBJECT: LOSSAN AGREEMENT WITH SLO TRANSIT
RECOMMENDATION
Approve an agreement with LOSSAN for a one-year pilot project to honor Pacific Surfliner
passes on SLO Transit; which is to be reimbursed at regular fare rate for each ride.
DISCUSSION
Background
In February 2015, the California State Transportation Agency (CalSTA) issued a call for projects
for the 2015 Transit and Intercity Rail Capital Program (TIRCP). The TIRCP was intended to
make cap-and-trade funding available to support a small number of transformational transit and
passenger rail projects that would reduce greenhouse gas emissions through a reduction in
vehicle miles traveled. Applications for the TIRCP were due April 10, 2015, with selected
projects announced on June 30, 2015.
CalSTA has awarded the Los Angeles – San Diego – San Luis Obispo Rail Corridor Agency
(LOSSAN) $1.675 million in Transit and Intercity Rail Capital Program grant funds to support
the Pacific Surfliner Transit Transfer Program. This program will allow Pacific Surfliner
passengers to transfer more seamlessly to connecting public transit services along the entire Pacific
Surfliner route.
The TIRCP grant will enable the LOSSAN Agency to initiate a Pacific Surfliner Transit Transfer
Program (Program) on a one-year pilot basis. The Program will allow Pacific Surfliner
passengers to transfer to 11 connecting transit services for free by presenting a valid Pacific
Surfliner ticket. Each participating transit agency will be reimbursed by the LOSSAN Agency on
a quarterly basis for the number of Pacific Surfliner passengers carried subject to a
reimbursement agreement and a negotiated average base fare.
With Pacific Surfliner service to San Luis Obispo, LOSSAN has invited SLO Transit and
neighboring Regional Transit Authority to participate in the one-year pilot program. Using a
“special key” located on the SLO Transit farebox, drivers will be able to record when they honor
a valid ticket from a Pacific Surfliner passenger for transfer to the local SLO Transit system.
Quarterly reports will be prepared, with necessary backup to be used as the basis for invoicing
LOSSAN at SLO Transit’s average fare rate of $1.25 per trip.
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FISCAL IMPACT
There are no significant fiscal impacts expected for the Transit Enterprise Fund as all rides
provided to Pacific Surfliner passengers are reimbursed to SLO Transit at its current fare rate of
$1.25. There could however be a moderate increase in ridership, and fares collected, if the
program is successful.
ALTERNATIVES
Deny participation in LOSSAN agreement
Negotiate a modified LOSSAN agreement as directed by Council
Attachments:
a - Pacific Surfliner Transit Transfer Agreement
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COOPERATIVE AGREEMENT NO. L-XXXXX
BETWEEN
LOS ANGELES – SAN DIEGO – SAN LUIS OBISPO RAIL CORRIDOR AGENCY
AND
City of San Luis Obispo’s SLO Transit
FOR
FACILITATING TRANSFERS BETWEEN PACIFIC SURFLINER INTERCITY RAIL SERVICE AND
LOCAL TRANSIT SERVICES
THIS COOPERATIVE AGREEMENT (Agreement), is effective as of this 1st day of July 2016,
by and between the Los Angeles – San Diego – San Luis Obispo Rail Corridor Agency, 600 S. Main
St., Orange, California, 92863, a joint powers authority (hereinafter referred to as “LOSSAN AGENCY”),
and the City of San Luis Obispo, 990 Palm St, San Luis Obispo, California, 93421, a public corporation
of the State of California (hereinafter referred to as "SLO Transit"), each individually known as “Party”
and collectively known as “Parties”.
RECITALS:
WHEREAS, LOSSAN AGENCY is a joint powers authority charged with local management and
oversight of the state-funded, Amtrak-operated Pacific Surfliner intercity rail service between
San Diego, Orange, Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties per the terms
of an interagency transfer agreement with the State of California effective July 1, 2015; and
WHEREAS, LOSSAN AGENCY and SLO Transit, both provide public transportation services
operating to, within, or through the six-county, 351-mile Los Angeles – San Diego – San Luis Obispo
rail corridor (hereinafter referred to as “LOSSAN rail corridor”; and
WHEREAS, Amtrak currently operates 23 daily state-funded Pacific Surfliner intercity trains on
portions of the LOSSAN rail corridor per an operating contract with LOSSAN AGENCY serving 31
stations; and
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WHEREAS, in the absence of this Cooperative Agreement, passengers purchasing an Amtrak
Pacific Surfliner train ticket and desiring to transfer to SLO Transit’s service must pay a separate fare on
SLO Transit’s, service; and
WHEREAS, LOSSAN AGENCY applied for and was awarded a Transit and Intercity Rail
Capital Program grant in the amount of One Million Six Hundred Seventy Five Thousand Dollars
($1,675,000) to support a Pacific Surfliner Transit Transfer Program (hereinafter referred to as
“PROGRAM”) for a one-year demonstration period; and
WHEREAS, the Parties desire to enter into this Agreement to facilitate transfers between the
Parties’ services and thereby provide greater convenience and mobility for public transportation users in
the region; and
WHEREAS, LOSSAN AGENCY and SLO Transit both desire to provide a fully coordinated
public transit service for the benefit of the public, in compliance with Public Utilities Code Section
130262; and
WHEREAS, this Agreement defines the specific terms, conditions, and roles and responsibilities
between LOSSAN AGENCY and SLO Transit only as they relate to the PROGRAM and no other
purpose;
NOW, THEREFORE, in consideration of their mutual obligations set forth herein, the parties
agree as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
Agreement between LOSSAN AGENCY and SLO Transit and it supersedes all prior representations,
understandings, and communications. The invalidity in whole or in part of any term or condition of this
Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above
referenced Recitals are true and correct and are incorporated by reference herein.
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B. LOSSAN AGENCY’s failure to insist on any instance(s) of SLO Transit performance of
any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
LOSSAN AGENCY’s right to such performance or to future performance of such term(s) or condition(s),
and SLO Transit’s obligation in respect thereto shall continue in full force and effect. Changes to any
portion of this Agreement shall not be binding upon LOSSAN AGENCY except when specifically
confirmed in writing by an authorized representative of LOSSAN AGENCY by way of a written
amendment to this Agreement and issued in accordance with the provisions of this Agreement.
C. SLO Transit failure to insist on any instance(s) of LOSSAN AGENCY’s performance of
any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
SLO Transit right to such performance or to future performance of such term(s) or condition(s), and
LOSSAN AGENCY’s obligation in respect thereto shall continue in full force and effect. Changes to any
portion of this Agreement shall not be binding upon SLO Transit except when specifically confirmed in
writing by an authorized representative of SLO Transit by way of a written amendment to this
Agreement and issued in accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
PROGRAM. Both LOSSAN AGENCY and SLO Transit agree that each will cooperate and coordinate
with the other in all activities covered by this Agreement and any other supplemental agreements that
may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF LOSSAN AGENCY
LOSSAN AGENCY agrees to the following responsibilities for PROGRAM:
1. LOSSAN AGENCY shall pay complete and accurate invoices submitted by SLO Transit
on a quarterly basis within 30 days of receipt of the invoice.
/
ARTICLE 4. RESPONSIBILITIES OF SLO Transit
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SLO Transit agrees to the following responsibilities for PROGRAM:
1. Commencing as of the date of this Agreement, SLO Transit shall honor valid Amtrak
Pacific Surfliner fare media for a single one-way boarding on its connecting transit services originating
from, or destined to, a Pacific Surfliner station on the routes identified in Exhibit A, under the following
conditions:
a. One-way and round-trip Amtrak Pacific Surfliner paper and electronic tickets valid
for the same calendar date of travel will be honored as valid fare media for one-way
boardings on SLO Transit service to or from a Pacific Surfliner station.
b. Valid ten-trip and monthly Amtrak Pacific Surfliner tickets will be honored as valid
fare media for one-way boardings on SLO Transit service to or from a Pacific
Surfliner stations.
c. SLO Transit shall be reimbursed as provided herein based on the average fare for a
one-way trip on its transit service, as indicated in Exhibit A.
d. For purposes of counting transferring passengers, the number of passengers
transferring to SLO Transit service from a Pacific Surfliner train, or to a Pacific
Surfliner train from SLO Transit service shall be defined as the number of
transferring passengers from whom no fares were collected by SLO Transit service
due to presentation of a valid Amtrak Pacific Surfliner paper or electronic ticket.
2. SLO Transit shall track the number of passengers transferring to SLO Transit services
using a valid Pacific Surfliner ticket utilizing ridership counts conducted by SLO Transit
operators via farebox reconciliation methods.
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3. SLO Transit shall submit quarterly invoices to LOSSAN AGENCY for reimbursement for
all recorded transfers using a Pacific Surfliner ticket. Each invoice shall include the following
information:
a. Agreement Number L-X-XXXX;
b. The time period covered by the invoice;
c. The number of transfers recorded and the reimbursement rate specified in Exhibit A;
d. Itemized expenses including support documentation incurred during the billing period;
e. Invoice Certification signed by an authorized representative of SLO Transit;
Certification statement shall be as follows:
“I hereby certify that invoice(s) dated ______ for the period covering _______
to _____ are true, complete and correct statements of reimbursable costs
and progress. The backup information included with the invoices is true,
complete and correct in all material aspects. All payments due and owing to
subcontractors and suppliers have been made, if applicable. Timely
payments will be made to subcontractors and suppliers from proceeds of the
payment covered by the certification, if applicable. The invoices do not
include any amounts which (Insert Name of the firm) intends to withhold or
retain from a subcontractor or supplier unless so identified on the invoices, if
applicable.”
f. Invoices shall be submitted to:
Accounts Payable
LOSSAN Rail Corridor Agency
600 S. Main St.
Orange, CA 928638.
g. Such other information as requested by LOSSAN.
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ARTICLE 5. MUTUAL RESPONSIBILITIES
1. Disagreements concerning the number of passengers transferring between Pacific
Surfliner and SLO Transit services shall be resolved by making a good faith effort to create a joint
survey team, to include representatives of both LOSSAN AGENCY and SLO Transit, whose task would
be to conduct a passenger survey to verify transfer rates.
2. Each party shall cooperate in the dissemination of information to the public regarding the
PROGRAM and the services offered by the other party, including, but not limited to, printed collateral
materials at stations and onboard transit and rail vehicles, social media posts, digital marketing, and
on-board announcements.
3. Each party shall notify the other within thirty (30) days in advance of adopting any fare
changes that might affect reimbursement rates or any aspect of transfer privileges.
ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by SLO Transit in the implementation of this Agreement are delegated
to its _Transit Manager_, or designee, and the actions required to be taken by LOSSAN AGENCY in
the implementation of this Agreement are delegated to LOSSAN AGENCY’s Managing Director or
designee.
ARTICLE 7. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, LOSSAN AGENCY and SLO
Transit mutually agree that LOSSAN AGENCY’s maximum cumulative payment obligation hereunder
shall be __10,000____ Dollars ($10,00.00), unless agreed to and amended by both Parties.
ARTICLE 8. AUDIT AND INSPECTION
SLO Transit shall maintain a complete set of records in accordance with generally accepted
accounting principles. Upon reasonable notice, SLO Transit shall permit the authorized representatives
of the LOSSAN AGENCY to inspect and audit all work, materials, books, accounts, and other data and
records of SLO Transit related to PROGRAM for a period of four (4) years after final payment, or until
any on-going audit is completed. For purposes of audit, the date of completion of this Agreement shall
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be the date of LOSSAN AGENCY’s payment of LOSSAN AGENCY final billing (so noted on the
invoice) under this Agreement. LOSSAN AGENCY shall have the right to reproduce any such books,
records, and accounts. The above provision with respect to audits shall extend to and/or be included in
contracts with SLO Transit contractor.
ARTICLE 9. INDEMNIFICATION
A. To the fullest extent permitted by law, LOSSAN AGENCY shall defend (at LOSSAN
AGENCY’s sole cost and expense with legal counsel reasonably acceptable to SLO Transit), indemnify,
protect, and hold harmless SLO Transit, its officers, directors, employees, and agents (collectively the
“Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses,
costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising
from injuries to or death of persons (LOSSAN AGENCY’s employees included), for damage to property,
including property owned by SLO Transit, or from any violation of any federal, state, or local law or
ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of LOSSAN
AGENCY, its officers, directors, employees or agents in connection with or arising out of the
performance of this Agreement.
B. To the fullest extent permitted by law, SLO Transit shall defend at SLO Transit sole cost
and expense with legal counsel reasonably acceptable to LOSSAN AGENCY), indemnify, protect, and
hold harmless LOSSAN AGENCY, its officers, directors, employees, and agents (collectively the
“Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses,
costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising
from injuries to or death of persons (SLO Transit employees included), for damage to property,
including property owned by LOSSAN AGENCY, or from any violation of any federal, state, or local law
or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of SLO
Transit, its officers, directors, employees or agents in connection with or arising out of the performance
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of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its
expiration or termination.
ARTICLE 10. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be effective on _July 1, 2016__, and shall be
in full force and effect through __June 30, 2017__, or until grant funds are exhausted.
B. Termination: In the event either Party defaults in the performance of their obligations
under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party
shall have the option to terminate this Agreement upon ten (10) days' prior written notice to the other
Party.
C. Termination for Convenience: Either Party may terminate this Agreement for its
convenience by providing thirty (30) days' prior written notice of its intent to terminate for convenience to
the other Party.
D. LOSSAN AGENCY and SLO Transit shall comply with all applicable federal, state, and
local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over
the PROJECT.
E. Legal Authority: LOSSAN AGENCY and SLO Transit hereto consent that they are
authorized to execute this Agreement on behalf of said Parties and that, by so executing this
Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
F. Severability: If any term, provision, covenant or condition of this Agreement is held to be
invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
G. Counterparts of Agreement: This Agreement may be executed and delivered in any
number of counterparts, each of which, when executed and delivered shall be deemed an original and
all of which together shall constitute the same agreement. Facsimile signatures will be permitted.
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H. Force Majeure: Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local government;
national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of
such cause is presented to the other Party, and provided further that such nonperformance is
unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties,
or authority hereunder may be assigned in whole or in part by either Party without the prior written
consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be
deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to
any subsequent assignment, nor the waiver of any right to
consent to such subsequent assignment.
J. Governing Law: The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement. Venue for any action arising out of this
Agreement shall be Orange County, California.
K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
the court shall award costs and expenses, including attorney’s fees, to the prevailing party.
L. Notices: Any notices, requests, or demands made between the Parties pursuant to this
Agreement are to be directed as follows:
To SLO Transit To LOSSAN RAIL CORRIDOR AGENCY
Transit Agency Name LOSSAN Rail Corridor Agency
919 Palm St.
San Luis Obispo
CA, 93421
600 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Attention: Gamaliel Anguiano Attention: CA’s Name
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AGREEMENT NO. L-XXXXX
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Transit Manager CA’s Title
Cc: Jason Jewell
Finance Manager
Phone: (805) 781-7121
E-mail: GAnguiano@slocity.org
Phone: (714) 560 – XXXX
E-mail: XXXX@octa.net
This Agreement shall be made effective upon execution by both Parties.
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AGREEMENT NO. L-XXXXX
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. L-X-XXXX to be
executed on the date first written above.
SLO Transit LOSSAN RAIL CORRIDOR AGENCY
By: ___________________________ By: __________________________________
Gamaliel Anguiano Jennifer Bergener
Transit Manager Managing Director
APPROVED AS TO FORM APPROVED AS TO FORM:
By: _________________________ By: __________________________________
J. Christine Dietrick James M. Donich
City Attorney General Counsel
Dated : _________________________ Dated : ____________________________
Exhibit A:
Scope of Services
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AGREEMENT NO. L-XXXXX
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EXHIBIT A
Scope of Services
SERVICES HONORING AMTRAK PACIFIC SURFLINER TICKETS AS OF JULY 1st, 2016
As per Cooperative Agreement between LOSSAN Rail Corridor Agency (LOSSAN AGENCY), and
CITY OF SAN LUIS OBISPO’S , SLO TRANSIT shall be reimbursed at the rate stated in Table 1
below for each boarding using a valid Pacific Surfliner ticket.
SLO TRANSIT shall accept valid Amtrak Pacific Surfliner paper and electronic tickets for a single
one-way boarding on fixed-route bus service; and will be reimbursed on routes/lines listed below
that provide connecting service to and from Pacific Surfliner station(s).
Station Route Name/Number Reimbursement Rate
Per Boarding
$1.25
LOSSAN AGENCY ______________________________ ___________
Jennifer Bergener Date
Managing Director
SLO Transit ______________________________ _____________
Gamaliel Anguiano Date
Transit Manager
Distribution: Xxxxxxxx
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