HomeMy WebLinkAbout05-21-2019 Item 10 - 2018-19 SB1 Transit Grant Application
Department Name: Public Works
Cost Center: 5201
For Agenda of: May 21, 2019
Placement: Consent
Estimated Time: N/A
FROM: Daryl Grigsby, Director of Public Works
Prepared By: Gamaliel Anguiano, Transit Manager
SUBJECT: AUTHORIZE APPLICATIONS FOR 2018/19 SENATE BILL 1 (SB1) STATE
OF GOOD REPAIR TRANSIT GRANT AND A SOLE SOURCE CONTRACT
WITH GENFARE.
RECOMMENDATION
1. Adopt a resolution authorizing the City Manager, or his designee, to execute and file grant
applications with the State of California to receive SB1 Grant funds for transit projects and to
execute any related grant applications, certifications, assurances, forms, agreements, and
associated documents on behalf of the City on an ongoing basis; and
2. Authorize the City Manager to enter into a Sole Source Agreement with Genfare for new
fareboxes.
DISCUSSION
Background
On April 28, 2017 Governor Brown signed Senate Bill (SB) 1 (Chapter 5, Statutes of 2017),
known as the Road Repair and Accountability Act of 2017. SB 1 provides over $50 billion in
transportation funding over the next decade. The funds are designated to repair highways,
bridges, and local roads, provide strategic investments in congested commute and freight
corridors, and improved transit service.
The direct allocation of SB 1 transit funds falls under the State Transit Assistance (STA)
Program formula to eligible agencies pursuant to Public Utilities Code (PUC) section 99312.1.
The funding is distributed to transit agencies with 50% based on population and 50% based on
transit operator revenues. The funds are specific to transit use and are separate and distinct from
other SB1 funds the City has historically received allocated for streets maintenance and complete
streets projects.
The SB1 transit assistance component is comprised of two parts. One augments the base of the State
Transit Assistance program by an estimated $175 million in 2017-18 and $274 million in 2018-19
(stemming from a portion of the new sales tax on diesel fuel). From this part, the City of San Luis
Obispo is anticipated to receive approximately $137,000 annually to supplement transit operational
costs. This part of the program does not require pre-approval of projects before funding allocation.
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The second part of SB1 transit assistance is a competitive, discretionary grant process for capital
purchases. This investment in public transit is referred to as the “State of Good Repair” (SGR)
Program. Access to SB1 SGR requires an annual grant application for both allocated and
competitive discretionary amounts. Such grant applications also require board/council approval.
In FY 18-19, approximately $392,129 is available to transit operators in San Luis Obispo County
for eligible transit maintenance, rehabilitation, and capital projects. It is estimated that similar
amounts will be available in this program thereafter.
SGR Direct Allocation Capital Project
As discussed above the SGR Program provides funding for capital assistance to rehabilitate and
modernize California’s existing local transit systems. Specifically, eligible projects include:
1. Fleet Maintenance. Transit capital projects or services to maintain or repair a transit
operator’s existing transit vehicle fleet or transit facilities, including the rehabilitation or
modernization of the existing vehicles or facilities.
2. Fleet New. The design, acquisition, and construction of new vehicles or facilities that
improve existing transit services.
3. Infrastructure. Transit services that complement local efforts for repair and improvement of
local transportation infrastructure.
The City of San Luis Obispo’s direct annual allocation of SGR SB1 funding for FY 18/19 is only
$7,064. However, there are regional discretionary amounts, specific to transit programs, that the
City of San Luis Obispo can purse for larger projects.
SGR Regional Discretionary Capital Project Farebox Replacement
Staff recommends application for an SGR discretionary regional grant for the purchase of 9
replacement fareboxes and ancillary equipment. Fareboxes are located at the entry of all revenue
vehicles and are the mechanical method for collecting fares, validating transit passes, and
enumerating passenger ridership by fare type (e.g. CalPoly, Senior, Student, etc.), data vital to
Federal transit reports. This system accelerates the boarding process, improves on- time
performance, and enhances service. A fare validating system, such as a fare box, provides an
extra measure of safety and security as it removes drivers from having to handle cash or have
access to cash and prevents attempted robberies. The current fareboxes recommended for
replacement have been pulled out of older and now retired buses and been utilized beyond their
useful life.
In addition to improving the City’s existing fleet and user experience, the benefits of this project
are also regional. Currently SLO City and RTA have agreements for a Regional Bus Pass that is
valid on both systems. The Regional Bus Pass requires that both transit system fare collection
(farebox) systems be compatible. Currently both RTA and SLO C ity use GFI Genfare fareboxes
to achieve this. The replacement of older models with new model fareboxes preserves that
continuity so that the Regional Bus Pass option can be preserved.
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Policy Context
Financial Management Manual Policy 740 requires that the City Council approve grant
applications equal to or greater than $5,000. The application will request up to the maximum in
combined City-allocated and available discretionary competitive award amounts towards capital
purchases that meet grant criteria. With the application of FY 18-19 $192,000 SB1 Grant,
approximately one Printer/Encoder Machine (PEM) unit ($42,000) and nine fareboxes (around
$15,000 each) will be procured.
Sole Source Purchase – Genfare GFI Odyssey Fareboxes
The Genfare corporation is the current supplier of compatible fareboxes for the transit division
and regional transit service providers (e.g. RTA and South County). In order to preserve
continuity with the rest of the fleet(s), it is necessary that the City enter into a sole source
agreement with Genfare for these fareboxes. Going with another vendor would require that the
entire fleet to be retrofitted, a new software and license agreement would need to be established ,
and SLO Transit would lose continuity with other transit agencies in the region.
Public Engagement
Development of this project is based on the data and customer survey information gathered
during the City's adopted 2017-22 Short Range Transit Plan (SRTP). A reoccurring theme in the
surveys is to expand technology capabilities of the transit system in order to enhance its
accessibility and appeal. A considerable public outreach campaign was done prior to the
development and adoption of the SRTP.
CONCURRENCE
This proposed project has been reviewed by the Finance, Legal and City Administration and San
Luis Obispo Council of Governments before submission to City Council.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
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FISCAL IMPACT
Budgeted: Yes Budget Year: FY18/19
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
Transit Fund $0
State - LCTOP $192,000
Federal $0
Fees $0
Other: $0
Total $192,000
There is no impact on the City’s General Fund as a result of applying or receiving these grants
funds. These funds will assist and supplement the Transit Enterprise fund in achieving its capital
projects which has no other identified funding source. Further, there is no requirement for
matching funds from the Transit Enterprise Fund for this project
ALTERNATIVES
1. Authorize the City Manager or his designee, to apply for SGR funds on behalf of the City of
San Luis Obispo throughout the life of the SGR program. This would be an expansion of the
authority being requested.
2. Authorize the City Manager or his designee to annually apply for SGR funds on behalf of the
City of San Luis Obispo and request City Council authority for each year’s grant application.
3. Deny the request. This is not recommended as this will leave the transit program without an
operable Farebox and will have to revert to cumbersome manual operational oversight and
management.
Attachments:
a - SB1 Resolution
b - Exhibit A SB1 -Certs Assurances
c - Sole Source Memo - Genfare
d - Genfare Quote - Fareboxes & Ancillary Equipment
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE
CERTIFICATIONS AND ASSURANCES FOR THE CALIFORNIA STATE
OF GOOD REPAIR PROGRAM
WHEREAS, the City of San Luis Obispo (“City”) is an eligible project sponsor and may
receive State Transit Assistance funding from the State of Good Repair Account (SGR) now or
sometime in the future for transit projects; and
WHEREAS, the statutes related to state-funded transit projects require a local or regional
implementing agency to abide by various regulations; and
WHEREAS, Senate Bill 1 (2017) named the Department of Transportation (Department)
as the administrative agency for the SGR; and
WHEREAS, the Department has developed guidelines for the purpose of administering
and distributing SGR funds to eligible project sponsors (local agencies); and
WHEREAS, the City wishes to delegate authorization to execute these documents and any
amendments thereto to the City Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo that:
SECTION 1. The City Council hereby approves the grant application for SB 1 funds and
agrees to comply with all conditions and requirements set forth in the Certification and Assurances
document attached hereto as Exhibit “A” and all applicable statutes, regulations and guidelines for
all SGR funded transit projects.
SECTION 2. The City Manager be authorized to execute all required documents of the
SGR program and any Amendments thereto with the California Department of Transportation.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
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Resolution No. _____ (2019 Series) Page 2
R ______
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, 2019.
____________________________________
Teresa Purrington
City Clerk
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State Transit Assistance State of Good Repair Program
Recipient Certifications and Assurances
Recipient: City of San Luis Obispo
Effective Date: May 21st, 2019
In order to receive State of Good Repair Program (SGR) funds from the California
Department of Transportation (Department), recipients must agree to following terms and
conditions:
A. General
(1) The recipient agrees to abide by the State of Good Repair Guidelines as may be
updated from time to time.
(2) The potential recipient must submit to the Department a State of Good Repair
Program Project List annually, listing all projects proposed to be funded by the SGR
program. The project list should include the estimated SGR share assigned to each
project along with the total estimated cost of each project..
(3) The recipient must submit a signed Authorized Agent form designating the
representative who can submit documents on behalf of the recipient and a copy of the
board resolution authorizing the agent.
B. Project Administration
(1) The recipient certifies that required environmental documentation will be completed
prior to expending SGR funds. The recipient assures that each project approved for
SGR funding comply with Public Resources Code § 21100 and § 21150.
(2) The recipient certifies that SGR funds will be used for transit purposes and SGR
funded projects will be completed and remain in operation for the estimated useful
lives of the assets or improvements.
(3) The recipient certifies that it has the legal, financial, and technical capacity to deliver
the projects, including the safety and security aspects of each project.
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(4) The recipient certifies that there is no pending litigation, dispute, or negative audit
findings related to any SGR project at the time an SGR project is submitted in the
annual list.
(5) Recipient agrees to notify the Department immediately if litigation is filed or disputes
arise after submission of the annual project list and to notify the Department of any
negative audit findings related to any project using SGR funds.
(6) The recipient must maintain satisfactory continuing control over the use of project
equipment and/or facilities and will adequately maintain project equipment and/or
facilities for the estimated useful life of each project.
(7) Any and all interest the recipient earns on SGR funds must be reported to the
Department and may only be used on approved SGR projects or returned to the
Department.
(8) The recipient must notify the Department of any proposed changes to an approved
project list by submitting an amended project list.
(9) Funds will be expended in a timely manner.
C. Reporting
(1) Per Public Utilities Code § 99312.1 (e) and (f), the recipient must submit the
following SGR reports:
a. Annual Expenditure Reports within six months of the close of the fiscal year
(by December 31st) of each year.
b. The annual audit required under the Transportation Development Act (TDA),
to verify receipt and appropriate expenditure of SGR funds. A copy of the
audit report must be submitted to the Department within six months of the
close of each fiscal year in which SGR funds have been received or
expended.
D. Cost Principles
(1) The recipient agrees to comply with Title 2 of the Code of Federal Regulations Part
200, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments.
(2) The recipient agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to
determine the allowability of individual project cost items and (b) those parties shall
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comply with Federal administrative procedures in accordance with 2 CFR, Part 200,
Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.
(3) Any project cost for which the recipient has received payment that are determined by
subsequent audit to be unallowable under 2 CFR, Part 200, are subject to repayment
by the recipient to the State of California (State). Should the recipient fail to
reimburse moneys due to the State within thirty (30) days of demand, or within such
other period as may be agreed in writing between the Parties hereto, the State is
authorized to intercept and withhold future payments due the recipient from the State
or any third-party source, including but not limited to, the State Treasurer and the
State Controller.
E. Record Retention
(1) The recipient agrees, and will assure that its contractors and subcontractors shall
establish and maintain an accounting system and records that properly accumulate
and segregate incurred project costs and matching funds by line item for the project.
The accounting system of the recipient, its contractors and all subcontractors shall
conform to Generally Accepted Accounting Principles (GAAP), enable the
determination of incurred costs at interim points of completion, and provide support
for reimbursement payment vouchers or invoices. All accounting records and other
supporting papers of the recipient, its contractors and subcontractors connected with
SGR funding shall be maintained for a minimum of three (3) years from the date of
final payment and shall be held open to inspection, copying, and audit by
representatives of the State and the California State Auditor. Copies thereof will be
furnished by the recipient, its contractors, and subcontractors upon receipt of any
request made by the State or its agents. In conducting an audit of the costs claimed,
the State will rely to the maximum extent possible on any prior audit of the recipient
pursuant to the provisions of federal and State law. In the absence of such an audit,
any acceptable audit work performed by the recipient’s external and internal auditors
may be relied upon and used by the State when planning and conducting additional
audits.
(2) For the purpose of determining compliance with Title 21, California Code of
Regulations, Section 2500 et seq., when applicable, and other matters connected with
the performance of the recipient’s contracts with third parties pursuant to
Government Code § 8546.7, the recipient, its contractors and subcontractors and the
Department shall each maintain and make available for inspection all books,
documents, papers, accounting records, and other evidence pertaining to the
performance of such contracts, including, but not limited to, the costs of
administering those various contracts. All of the above referenced parties shall make
such materials available at their respective offices at all reasonable times during the
entire project period and for three (3) years from the date of final payment. The
State, the California State Auditor, or any duly authorized representative of the State,
shall each have access to any books, records, and documents that are pertinent to a
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project for audits, examinations, excerpts, and transactions, and the recipient shall
furnish copies thereof if requested.
(3) The recipient, its contractors and subcontractors will permit access to all records of
employment, employment advertisements, employment application forms, and other
pertinent data and records by the State Fair Employment Practices and Housing
Commission, or any other agency of the State of California designated by the State,
for the purpose of any investigation to ascertain compliance with this document.
F. Special Situations
(1) Recipient acknowledges that if a project list is not submitted timely, the recipient
forfeits its apportionment for that fiscal year.
(2) Recipients with delinquent expenditure reports may risk future eligibility for future
SGR funding.
(3) Recipient acknowledges that the Department shall have the right to perform an audit
and/or request detailed project information of the recipient’s SGR funded projects at
the Department’s discretion from SGR award through 3 years after the completion
and final billing of any SGR funded project.. Recipient agrees to provide any
requested project information.
I certify all of these conditions will be met.
Agency: City of San Luis Obsipo
BY:
Derek Johnson, City Manager
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City of San Luis Obispo
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ATTACHMENT I
(INSERT Agency Board Resolution approving this document)
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City of San Luis Obispo Sole Source Justification Form
Genfare
It is the policy of the City of San Luis Obispo to solicit quotations or bids for purchases of commodities or services for
specified dollar amounts and to select vendors on a competitive basis (See City of San Luis Obispo Financial
Management Manual, Section 201, Exhibit 201-B).
Pursuant to San Luis Obispo Municipal Code Chapter 3.24.060, certain acquisitions in which the products or services
may only be obtained from a single source may be purchased without engaging in bidding procedures. Such Sole
Source acquisitions must be justified in sufficient detail to explain the basis for suspending the usual competitive
procurement process and approved by the approving authority before such a purchase is made.
1. What product or service is being requested? Why is it necessary?
Fareboxes are located at the entry of all revenue vehicles and are the mechanical method for collecting
fares, validating transit passes, and enumerating passenger ridership by fare type (e.g. CalPoly, Senior,
Student, etc.), data vital to Federal transit reports. This system accelerates the boarding process,
improves on- time performance, and enhances service. A fare validating system, such as a fare box,
provides an extra measure of safety and security as it removes drivers from having to handle cash or
have access to cash and prevents attempted robberies. The current fareboxes recommended for
replacement have been pulled out of older and now retired buses and been utilized beyond their
useful life.
2. Is this “brand” of product or services offered the only one that meets the City’s requirements? If
yes, what is unique about the product/services?
Currently SLO City and RTA have agreements for a Regional Bus Pass that is valid on both systems.
The Regional Bus Pass requires that both transit system fare collection (farebox) systems be
compatible. Currently both RTA and SLO City use GFI Genfare fareboxes to achieve this. The
replacement of older models with new model fareboxes preserves that continuity so that the Regional
Bus Pass option can be preserved.
3. Is the product or service proprietary or is it available from various dealers? Have you verified this?
Genfare is the sole proprieter and vendor of this product
4. Have other products/vendors been considered? If yes, which? and how did they fail to meet the
City’s requirements?
Staff is regularly evaluating newest technologies and alternative solutions. However Genfare has
secured patents that make it difficult for competitors to have something comparable.
5. Is the purchase an upgrade or addition to an existing system or brand of products adopted citywide?
If so, will purchase of this product avoid “switching” costs as opposed to purchasing another
product or service (e.g., additional training required; data conversion; implementation of a new
system; etc.)?
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This procure only secures half as many fareboxes as there are in the fleet. Moving to another system
would require an even larger purchase for compete turnover.
6. What is the quoted price for the product or services and is it reasonable (based on other products
or services in the same field or based on historical pricing for the City for similar products or
services)?
Please see attached quote
__________________________________ ________________
Dan Clancy, Purchasing Analyst Date
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Item 10
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless
specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be
governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
Ship-To-Party
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
End User
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
Page 1 of 6
Information
Sales Quote No.5024222
Document Date 05/08/2019
Customer No.423
Currency USD
Contact Name Gamaliel Anguiano
Phone 805-781-7121
FAX
EMAIL ganguian@slocity.org
Validity Start Date 05/08/2019
Validity End Date
Req Ship Date 05/06/2019
Item Material Quantity Price Amount
10 D28455-0002 1 EA 17,350.00 USD 17,350.00
PRINTING ENCODING MACHINE (+MT,SC-D)
Tax 1 EA 1,344.62 USD 1,344.62
Delivery date:06/20/2019
20 TS-0841 1 EA 0.00
PEM CONFIGURATION
Delivery date:05/08/2019
50 FREIGHT 1 EA 1,360.00 USD 1,360.00
Freight
Delivery date:05/08/2019
60 B24535-0022 9 EA 28.00 USD 252.00
S/A CABLE,EXTERNAL J1708-22FT
Tax 1 EA 2.17 USD 19.53
Delivery date:06/05/2019
70 J1708 LICENSE 9 EA 175.00 USD 1,575.00
J1708 INTERFACE SOFTWARE LICENSE
Tax 1 EA 13.56 USD 122.07
Delivery date:05/08/2019
Signature: __________________________________________________ Date:05/08/2019
Sales Representative:Daniel Gorey Phone:
Email:
Genfare
A Division of SPX Corporation
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Fax:(847) 758-4998
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Item 10
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless
specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be
governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
Ship-To-Party
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
End User
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
Information
Sales Quote No.5024222
Document Date 05/08/2019
Customer No.423
Currency USD
Contact Name Gamaliel Anguiano
Phone 805-781-7121
FAX
EMAIL ganguian@slocity.org
Validity Start Date 05/08/2019
Validity End Date
Req Ship Date 05/06/2019
Page 2 of 6
Item Material Quantity Price Amount
80 A28762-0002 1 EA 2,529.00 USD 2,529.00
KIT, CBID V2 & E-TIMER-RECEIVR MECHANISM
Tax 1 EA 196.00 USD 196.00
Delivery date:05/08/2019
90 A28762-0001 1 EA 2,230.00 USD 2,230.00
KIT, CBID, V2, RECEIVER MECHANISM
Tax 1 EA 172.83 USD 172.83
Delivery date:05/08/2019
100 A28285-0001 1 EA 299.00 USD 299.00
KIT, RECEIVER, ELECT. TIMER UPGRADE
Tax 1 EA 23.18 USD 23.18
Delivery date:05/08/2019
110 D28118-0002 1 EA 2,216.20 USD 2,216.20
S/A CONTROLLER, ID (V2)
Tax 1 EA 171.75 USD 171.75
Delivery date:05/08/2019
120 C01620-0001 2 EA 118.92 USD 237.84
S/A, I/O CABLE-DATA SYSTEM
Tax 1 EA 9.22 USD 18.43
Signature: __________________________________________________ Date:05/08/2019
Sales Representative:Daniel Gorey Phone:
Email:
Genfare
A Division of SPX Corporation
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Fax:(847) 758-4998
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Item 10
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless
specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be
governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
Ship-To-Party
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
End User
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
Information
Sales Quote No.5024222
Document Date 05/08/2019
Customer No.423
Currency USD
Contact Name Gamaliel Anguiano
Phone 805-781-7121
FAX
EMAIL ganguian@slocity.org
Validity Start Date 05/08/2019
Validity End Date
Req Ship Date 05/06/2019
Page 3 of 6
Item Material Quantity Price Amount
Delivery date:05/08/2019
130 TS-0282 1 EA 300.00 USD 300.00
MODIFY CONFIG.(DATA SYSTEM)
Delivery date:05/08/2019
140 INSTALL 1 EA 3,000.00 USD 3,000.00
Installation/Labor V2 Receiver/Timer
Delivery date:05/08/2019
150 D28700-0001 9 EA 15,920.00 USD 143,280.00
FAST FARE FAREBOX
Tax 1 EA 1,233.80 USD 11,104.20
Delivery date:06/22/2019
160 C00133-0008 1 EA 1,980.00 USD 1,980.00
S/A DATA PROBE-HIGH SPD. MIXED FLT
Tax 1 EA 153.45 USD 153.45
Delivery date:06/22/2019
----------------------------------------------------
Gross Value: 176,609.04
Total Tax: 13,326.06
Signature: __________________________________________________ Date:05/08/2019
Sales Representative:Daniel Gorey Phone:
Email:
Genfare
A Division of SPX Corporation
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Fax:(847) 758-4998
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Item 10
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless
specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be
governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
Ship-To-Party
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
End User
City of San Luis Obispo Transit Div
919 Palm Street
San Luis Obispo CA 93401
Information
Sales Quote No.5024222
Document Date 05/08/2019
Customer No.423
Currency USD
Contact Name Gamaliel Anguiano
Phone 805-781-7121
FAX
EMAIL ganguian@slocity.org
Validity Start Date 05/08/2019
Validity End Date
Req Ship Date 05/06/2019
Page 4 of 6
Final Amount: 189,935.10
Signature: __________________________________________________ Date:05/08/2019
Sales Representative:Daniel Gorey Phone:
Email:
Genfare
A Division of SPX Corporation
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Fax:(847) 758-4998
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TERMS AND CONDITIONS OF SALE
1. GENERAL. Unless otherwise agreed in writing by Genfare, the Quotation, these Terms and Conditions of Sale (including the attached Warranty), the Order Acknowledgment (if issued) and the Software License (for any licensed
Software), constitute the entire agreement between Genfare and Customer (the "Agreement") and are the exclusive terms and conditions governing the underlying order and shall apply in precedence over any such other terms and
conditions, or otherwise under any applicable law. The Software is licensed to Customer under the Genfare Software License in effect at the time of purchase of such Software. Genfare's Services Agreement shall be the sole document
governing any Software subscriptions purchased by Customer from Genfare. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS CONTAINED IN ANY PURCHASE ORDER OR OTHER DOCUMENT OF CUSTOMER ARE
OBJECTED TO BY GENFARE AND SHALL NOT BE EFFECTIVE OR BINDING AS TO GENFARE UNLESS AGREED TO IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF GENFARE. Genfare shall sell to
Customer, and Customer shall purchase from Genfare, the equipment identified in the Quotation (the "Equipment") and a license to certain software identified in the Quotation or embedded in the Equipment (the "Software") in accordance
with the Agreement (the Equipment and Software collectively referred to as the "Products"). Genfare accepts Customer's purchase orders for Products and agrees to deliver the Products to Customer only on the terms of the Agreement.
Genfare's acceptance of Customer's purchase order is expressly made conditional on Customer's assent to the Agreement. No variation of the Agreement shall be binding unless agreed to in writing by authorized representatives of
Genfare and Customer. The following provisions of these Terms and Conditions of Sale shall survive termination of the Agreement for whatever reason: Sections 1, 3, 6, 7, 8, 9, 11, 12, 15 and 16.
2. SHIPPING & INSURANCE. Genfare shall arrange shipping and insurance and shall bill Customer for the Products with the shipping and insurance costs as separate items, on an invoice ("Invoice"). Subject to other provisions of the
Agreement, Genfare shall ship the Products to Customer on the agreed upon Shipping Date.
3. TERMS OF PAYMENT. Genfare may require certain payments to be made prior to delivery of Products or other services. Notwithstanding the preceding sentence, Customer shall pay for all Products, fees, shipping, insurance, and
where agreed, all duties and taxes net 30 days from date of Invoice. However, if the parties have agreed that the Products are to be installed by Genfare, Customer shall pay 90% of the total cost of each Product upon shipping of the
Product and 10% upon installation of the Product. All services are invoiced at 100%. If Customer fails to pay any Invoice when due, Genfare may, without prejudice to any other remedy, postpone shipments, alter payment terms, terminate
the Agreement and charge interest on all overdue amounts at the rate of 1.5% per month compounded monthly (or if less, the maximum rate allowed by law). Upon demand, Customer shall pay all such interest charges and all reasonable
collection fees, including reasonable legal expenses.
4. TRANSFER OF TITLE AND RISK OF LOSS; DELIVERY. All products will be shipped FOB Destination. Risk of loss and title to all Products shall pass to Customer, free of encumbrances, at the time of delivery to Customer's
destination. Genfare will endeavor to meet any estimated or firm delivery dates requested by Customer, but shall not be liable in damages or otherwise, nor shall Customer be relieved of performance under the Agreement, because of
failure to meet them.
5. CHANGES TO SPECIFICATIONS. Genfare may, without notice to Customer, make changes to the specifications of the Products which do not materially affect the quality or performance of the Products.
6. ACCEPTANCE, RETURNS AND EXCHANGES. The Products and services shall be deemed accepted, and any attempt by Customer to reject an order or shipment of Products shall be waived and not enforceable, unless: (i) Customer
has promptly inspected the Products and services, and written notice from Customer of any defect has been received by Genfare within thirty (30) days following any delivery of Products or performance of services. The return of defective
Products is covered by the Warranty as described in Attachment A.
Return/Exchange Procedures. Customer may only return a Product which is not defective if: (a) the Product does not correspond to the Products ordered in the Agreement (a "Return"), or (b) the Product has been ordered in error by the
Customer and Genfare has granted written permission to Customer to remedy its mistake by ordering the correct equipment or software and returning the Product (an "Exchange"). The party liable for all shipping, insurance and any other
expenses incurred by Customer in returning the Product pursuant to the preceding sentence and for all loss or damage to the Product until received by Genfare, shall be Genfare for Returns and Customer for Exchanges. If Customer
returns the Product in accordance with these Procedures in an undamaged condition, in the original configuration and, where appropriate, in the original packing, before the later of: (i) 21 days after the date of the Invoice for that Product;
and (ii) the date of substantial completion of installation of the Product by Genfare, Genfare shall: (A) for Returns, issue a credit to Customer for the full Invoice price of the returned Product; or (B) for Exchanges, issue a credit to Customer
for the full Invoice price of the returned Product less: (I) a restocking fee of 25% of the Invoice price; and (II) the original shipping and insurance cost as shown on the Invoice. If Customer does not comply with the Procedures in this Section
for Returns and Exchanges, Customer shall pay the full amount of the Invoice.
7. CUSTOMER POSTPONEMENT OF SCHEDULED SHIPPING DATE. If Genfare receives a request from Customer to delay the Shipping Date (a) 30 days or more prior to the Shipping Date, Genfare may postpone the Shipping Date
and may charge Customer 2% of the net Agreement total for each full or partial month the Shipping Date is delayed or (b) less than 30 days prior to the Shipping Date, Genfare may treat the Agreement as canceled and may bill Customer in
accordance with the provisions of Section 8.
8. CANCELLATION. If Customer cancels an Agreement before the
Shipping Date, Genfare may charge Customer a cancellation charge calculated by multiplying the following applicable percentage by the Agreement total (as shown on the Quotation/Order Acknowledgment): (a) if cancelled 40 business
days or more before Shipping Date, the applicable percentage is 25%, and (b) if cancelled 39 business days or less before Shipping Date, the applicable percentage is 50%. In addition to the applicable percentage charge, if Customer
cancels all or part of the order without cause, Customer will reimburse Genfare for (i) Genfare's expenses incurred to fulfil the order through the cancellation date, including, without limitation, materials and labor. If Customer's order includes
special order Products or vendor Products, Genfare may also charge, in addition to the other amounts set forth in this Section 8, (A) for special order Products, 100% of the amount shown on the Quotation/Order Acknowledgment for that
Product; and (B) for vendor Products, the lesser of 100% of the cost to Genfare of vendor Product; or, if the vendor accepts the return of its Product the restocking charge levied by the vendor. Customer shall pay all cancellation charges
within 30 days of receipt of Invoice.
9. FORCE MAJEURE. To the extent that either party is not able to perform an obligation under this Agreement due to fire, flood, acts of God, severe weather conditions, strikes or labor disputes, war or other violence, acts of terrorism, any
law or order of any governmental agency, or other cause beyond that party's reasonable control ("Force Majeure"), that party may be excused from such performance so long as such party provides the other party with prompt written notice
describing the condition and takes reasonable steps to avoid or remove such causes of nonperformance and promptly continues performance whenever and to the extent such causes are removed.
10. INSTALLATION. If installation is purchased, Customer shall complete all of the action necessary to prepare Customer's premises for the installation of Products prior to the scheduled installation date. If Customer complies with the
preceding sentence, Genfare's authorized technicians shall commence the installation of Products on the scheduled installation date. Genfare may invoice Customer for an amount in addition to the installation charge specified on the
Quotation/Order Acknowledgment if Genfare incurs additional installation costs as a result of Customer's failure to have the site, other manufacturers' equipment or Products ready for Genfare's technicians on the scheduled installation date.
11. WARRANTY. All Products are covered by Genfare's Standard
Warranty as described in Attachment A attached hereto and incorporated herein.
12. WAIVER OF CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the contrary, to the fullest extent permitted by applicable law, Genfare will not be liable for damages related to
any business interruption or loss of profit, increased operating costs, anticipated savings, data, contract, goodwill or the like or for incidental, special, indirect or consequential damages of any nature under any theory of relief, including,
without limitation, breach of warranty, breach of contract, tort (including negligence), and strict liability, arising out of or related to Seller's acts or omissions. Under no circumstances shall Genfare's liability to Customer exceed the contract
price for the specific goods and services upon which such liability is based. Any action for breach of contract or otherwise must be commenced within one (1) year after the cause of action has accrued.
13. INDEMNIFICATION. Genfare agrees to indemnify and hold harmless Customer, its elected and appointed officers and employees, from and against any and all claims, demands, defense costs, liability or damages brought by third
parties and to the extent arising solely from: (a) personal injury or property damage resulting directly from Genfare's (or Genfare's subcontractors, if any), negligent acts, errors or omissions or willful misconduct or (b) any actual infringement
by Genfare of a patent, trademark, copyright, trade secret or other intellectual or proprietary rights regarding the Products (except to the extent resulting from Customer's combination of Genfare's products with other products or services not
provided by Genfare). Notwithstanding the foregoing, there shall be no indemnification hereunder by Genfare as to any losses caused by the negligence or fault of Customer or any of its officers, employees or agents. If Customer shall
claim indemnification hereunder, Customer shall notify Genfare in writing of the basis for such claim or demand setting forth the nature of the claim or demand in reasonable detail. Genfare agrees to assume the defense of any such claim
and to defend the same at Genfare's expense. The parties agree to reasonably cooperate with each other on any such claims. If the Customer desires to participate in the defense, then Customer shall have the right to do so through
counsel of its own choosing, provided that Customer will be responsible for all of its costs in so doing.
14. INSURANCE. Genfare shall maintain insurance coverage
consistent with its existing programs but shall not name Customer as an additional insured nor will Genfare or its insurers be obligated to waive any rights of subrogation Genfare or such insurers may have against Customer or its affiliates.Packet Pg. 50
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Genfare shall use commercially reasonable efforts to provide Customer with written notice of cancellation of any applicable policy thirty (30) days prior to the effective cancellation date of such policy, but failure to do so shall impose no
obligation or liability upon Genfare or its insurers, agents or representatives. Genfare shall provide Customer with its standard certificate of insurance upon request.
15. NOTICE. All requests, instructions and notices from one party to the other must be in writing and may be given via registered post or facsimile transmission to the address of the parties shown on the Quotation/Order Acknowledgment.
16. MISCELLANEOUS. No waiver by Genfare of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision. Any provision of the Agreement which is, or is deemed to be,
unenforceable in any jurisdiction shall be severable from the Agreement in that jurisdiction without in any way invalidating the remaining provisions of the Agreement, and that unenforceability shall not make that provision unenforceable in
any other jurisdiction. The rights which accrue to Genfare by virtue of the Agreement shall endure for the benefit of and be binding upon the successors and assigns of Genfare. The Agreement shall be governed by the laws of the State of
Illinois, however Genfare may enforce the provisions of the Agreement in accordance with the laws of the jurisdiction in which the Products are situated. The United Nations Convention on the Sale of Goods (the Vienna Convention) shall
not apply to the Agreement.
ATTACHMENT A- WARRANTY
1. GENERAL TERMS
1.1Subject to the provisions of this Warranty, Genfare warrants that the equipment and software described in Paragraph 1.2 shall conform to their specifications in all material respects and that the equipment shall be free from material
defects in materials and workmanship.
1.2This Warranty applies to all original purchases of new Genfare supplied equipment and spare parts, including licensed software (collectively the "Equipment"). This Warranty does not apply to any subscriptions purchased by customer.
1.3The "Warranty Period" shall begin on the earliest of (a) the date of delivery of the Equipment if the equipment is not to be installed, (b) the date of installation completion by a Genfare, or Genfare approved technician, or (c) the date the
Equipment is placed into revenue service, and shall end (y) twelve (12) months thereafter for equipment purchases and (z) ninety (90) days thereafter for any spare parts purchases; provided, however, that the Warranty Period for
Equipment purchased under Genfare's Upgrade/Reconditioning Program that has been reconditioned or refurbished shall end 6 months after commencement, unless otherwise specified in writing by Genfare.
2. RETURN OF EQUIPMENT UNDER WARRANTY
2.1If an item of Equipment malfunctions or fails in normal use within the applicable Warranty Period:
2.2Customer shall promptly notify Genfare of the problem and the serial number of the defective item;
(a) Genfare shall, at its option, either resolve the problem over the telephone, or provide Customer with authorization to ship the defective item to Genfare;
(b) if Genfare provides Customer with authorization to ship the defective item to Genfare, Customer shall attach a return tag with a description of the fault. Customer shall, at its cost, properly pack the item to be returned, prepay the
insurance and shipping charges, and ship the item to the specified Genfare Service Center;
(c) Genfare shall either repair or replace the returned item. The replacement item may be new or refurbished; if refurbished, it shall be equivalent in operation to new Equipment. If a returned item is replaced by Genfare, the Customer
agrees that the returned item shall become the property of Genfare;
(d) Genfare shall, at its cost, ship the repaired item or replacement to the Customer. If the Customer has requested express shipping, the Customer shall pay Genfare an expediting fee.
2.2Equipment which is repaired or replaced by Genfare under this Warranty shall be covered under all of the provisions of this Warranty for the remainder of the applicable Warranty Period or ninety (90) days from the date of repair or
replacement, whichever is longer.
2.3A failure is defined as a malfunction of a given device or component in the Equipment that renders the Equipment inoperative and/or unsuitable for the intended purpose.
2.4It is understood that Genfare shall be responsible for the costs of all materials and labor, except as provided herein. It is further understood that the costs of discovery of the problem associated with a given item of Equipment and the
costs associated with the removal and installation of the defective part shall be the responsibility of Customer.
3. TELEPHONE TECHNICAL ASSISTANCE. During the applicable Warranty Period, Genfare shall provide the Customer with over-the-telephone technical fault analysis. Genfare shall not charge Customer for the first ten (10) calls per
location per month, and may charge Customer for all additional calls.
4. UPGRADES. During the applicable Warranty Period, Genfare shall, at no charge, provide Customer with non-feature software updates to the version of Software installed at the Customer's location and, if the Equipment is sent to
Genfare for Warranty repair, those revision level updates deemed necessary by Genfare. Non-feature software updates and revision level updates do not generally include additional equipment, such as hardware memory, which enables
the upgrades to function in the existing Equipment of Customer. Customer may purchase this additional equipment from Genfare.
5. DEFAULT AND TERMINATION. Genfare may immediately terminate this Warranty and all of its performance under this Warranty, upon notification to Customer, if Customer: (a) makes any unauthorized modifications to the Equipment;
(b) assigns or transfers the Customer's rights or obligations under this Warranty without the prior written consent of Genfare; (c) becomes bankrupt or insolvent, or is put into receivership; or (d) has not paid Genfare all amounts for services,
advance replacement parts supplied under this Warranty, or other additional charges within thirty (30) days of receipt of written notice from Genfare. If this Warranty is terminated by Genfare, Customer shall remain liable for all amounts due
to Genfare.
6. LIMITATIONS AND QUALIFICATIONS OF WARRANTY. This Warranty does not apply to normal consumable items, items which are replaced in usual and scheduled preventative maintenance such as light bulbs, nor does it apply to
any damage, defect or failure caused by:
(a) any part of the Equipment having been modified, adapted, transported or relocated by any person other than Genfare personnel, a Genfare authorized service agent or Genfare approved technician without Genfare's prior written
consent;
(b) improper installation, operation or maintenance by Customer or a third party;
(c) storage or environmental characteristics which do not conform to the applicable sections of the appropriate Genfare Equipment Manual;
(d) failure to conform with the Equipment Operating Instructions in the applicable Genfare Equipment Manual;
(e) inaccurate or incomplete information or data supplied or approved by Customer;
(f) external causes, including external electrical stress or lightning, or use in conjunction with incompatible equipment, unless such use was with Genfare's prior written consent;
(g) cosmetic damage;
(h) accidental damage, negligence, neglect, mishandling, abuse or misuse, other than by Genfare personnel, a Genfare authorized service agent or Genfare approved technician; or
(i) Force Majeure (as defined in Genfare's Terms and Conditions of Sale).
7. LIMITATION ON DAMAGES.
7.1THE WARRANTY STATED HEREIN ARE THE CUSTOMER'S SOLE AND EXCLUSIVE WARRANTY FOR THE EQUIPMENT. GENFARE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND OF MERCHANTABILITY.
7.2EXCEPT AS OTHERWISE EXPRESSLY AGREED BY THE PARTIES, GENFARE SHALL NOT BE LIABLE IN TORT, INCLUDING LIABILITY IN NEGLIGENCE OR STRICT LIABILITY, AND SHALL HAVE NO LIABILITY AT ALL FOR
INJURY TO PERSONS OR PROPERTY. GENFARE'S LIABILITY FOR FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS WARRANTY OR ANY OTHER LIABILITY UNDER OR IN CONNECTION WITH THE EQUIPMENT SHALL
BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF THE EQUIPMENT.
7.3EVEN IF GENFARE HAS BEEN ADVISED OF THE POSSIBILITY OF THEM, GENFARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND
REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, ANY CLAIM AGAINST A CUSTOMER BY A THIRD PARTY, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND.
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