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HomeMy WebLinkAbout06/16/1992, C-4 - TRANSIT AGREEMENT BETWEEN THE TRUSTEES OF CALIFORNIA POLYTECHNIC STATE UNIVERSITY AND THE CITY OF SAN LUIS OBISPO FOR A ROUTE SUBSIDY ON SLO TRANSIT. MEETING DATE: �II��► I�1� �I= �� city of san tins oBispo -�6- 9Z COUNCIL AGENDA REPORT 1 NUMBER FROM: Ken Hampian, Assistant City Administrative Officer/*� Prepared by: Harry Watson, Transit Manager SUBJECT: Transit agreement between the trustees of California Polytechnic State University and the City of San Luis Obispo for a route subsidy on SLO Transit. CAO RECOMMENDATION: By motion, approve and authorize the Mayor to execute a transit agreement between the trustees of California Polytechnic State University and the City of San Luis Obispo for the route subsidy of SLO Transit in the amount of$177,010.00 for FY 1992-93. DISCUSSION:. For several years there has been a successful program wherein Cal Poly students and faculty have been riding SLO Transit without paying a fare at the farebox. This has been accomplished by our drivers acknowledging their possession of a current student body ID card or faculty ID card. This mutually agreeable relationship has been beneficial to both the University student body and faculty and to the City. A new farebox amount of approximately $177;010.00 has been successfully negotiated with the representatives of the University as their contribution for the services that will rendered during the next fiscal year. The increase in the farebox being charged to the University is the result of both increased ridership by Cal Poly students and faculty and a formulated a negotiated ridership versus cost factor as set forth in the agreement and as outlined under the Fiscal Impact section. SLO Transit experienced a 21% increase in Cal Poly ridership in FY 1991-92, the year on which this agreement is based. FISCAL IMPACT: The formula used to calculate the Cal Poly farebox as stated in the Transit Agreement is as follows: Total 12 Month Ridership (January 1991 to December 1991): 743,741 Less non Cal Poly Riders2� 23.123 Cal Poly Riders 520,618 • 1992-93 per Rider Fee x $0.34 1992-93 Agreement $177,010 The five year history of the Cal Poly farebox has been: 1991-92 $135,132.00 1990-91 98,325.00 1989-90 88,000.00 1988-89 74,000.00 1987-88 68,000.00 �r ���i�ir�ii�(il►IIIIIIIII►I' ►II7IIII MY of San _JIS osispo IN mmoftm MaZa COUNCIL AGENDA REPORT Page 2 The approved Transit budget for Fiscal Year 1992-93 is in the amount of $823,695. The farebox is projected to be$200,000, or 24% of the cost of operating the system. Cal Poly students account for 70% of our ridership. The negotiated farebox for FY 1992-93 for Cal Poly accounts for 88% of our projected farebox total. ! ATTACHMENT: Agreement hw\poly.rpt I i I I i I i STATE OF LAUFORN1A CONTRACT NUMBER AM. ❑ CONTRACTOR STANDARD AGREEMENT - ATrORNEYEY By THE Pw000l N° ❑ STATE AGENCY SM.2(REV.T/ae) ❑ DEPT.OF GEN.SER CONTRACTORS STATE I.D.NUMBER ❑ CONTROLLER AS AGREEMENT, made and entered into this 12th day of May• 193 ❑ in the State of California, by and between State of California, through its duly elected or appointed, ❑ qualified and aging TIRE OF OFFICER ACTING FOR STATE AGENCY hereafter called the State,and Procurement&Support Services Officer California Polytechnic State University,San Luis Obispo , CrN OF 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: (Set forth service to be rendered by Contractor, amount to be paid Contractor,arm for performance or compkrion,and attach plmu and specifuadon, if any CAL POLY, SLO/CI1Y 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, 1992 through June 30, 1993. The Fiscal Year 1992-93 Fee Calculation is using the 520,618 ridership at $34 per passenger. Total amount payable on this Agreement shall not exceed One Hundred Seventy Seven Thousand and Ten Dollars ($177,010.00). CONTINUED ON Z 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 fast above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(IF OTHER THAN AN INDIVIDUAL,STATE wT<MER A CORPORATION, Cal Poly State University,San Luis Obispo,CA 93407 PARTNERSHIP,ETC.) CrrY OF SAN LUIS OBISPO TRANSIT SYSTEM BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE) X X PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Ray Macias TITLE ADDRESS Director of Support Services 990 Palm Street,San Luis Obispo,CA 93403 AMOUNT ENCUMBER m BY PROGRAM/CATEGORY(CODE AND ITTLE) FUND TIRE Depafinent of Genera/Service; THIS DOCUMENT PRF-CITY BUS PROGRAM GENERAL Use Only PRIOR AMOUNTENCUMBERED (OPTIONAL USE) FORTHIS CONTRACT VP FOR BUSINESS AFFAIRS/FRANK LEBENS/JOE KISSER 3 ITEM CHAPTER STATUTE FISCAL YEAR TOTAL AMOUNT ENCUMBERED (610-5301 92 92-93 TD DATE OBJECT OF EXPENDITURE(CODE AND TITTLE) $ 6-62205-5520 'wrby certify upon my own personal laowkdge thm budgeted funds are TAA.NO. BA NO. .!able for the period of the erpen&aoe stated above. SIGNATURE OF ACCOUNTING OFFICER DATE X 69 s70® CITY OF SAN LUIS OBISPO TRANSIT SYSTEM AGREEMENT NO. P300001 PAGE 2 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 nondiscrimination 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. DISCRIMINATION CLAUSE: 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 provisions 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 made 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. This Contractor shall include nondiscrimination and compliance provisions of this clause in all subcontractors to perform work under this agreement. DRUG-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 payments under the contract of 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. CONTRACTORS NATIONAL LABOR RELATIONS BOARD CERTIFICATION: By signing this agreement, the contractor certifies 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 a Federal Court which ordered the contractor to comply with an order of the National Labor Relations Board (Public Contract Code Section 10296). EXAMINATION 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. �-yy 1. 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 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 accruing 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. Time 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. EXHIBIT A ����n►�►►�i►►������Illlllllll ��' � �; I of san hues oBispoc��ty 990 Palm Street/Post office Box 8100 • San Luis Obispo, CA 93403-8100 March 16, 1992 Frank Lebens MAR 2 0 D Vice President for Business Affairs X992 Cal Poly University BUSINESS AFFAIRS San Luis Obispo, CA 93407 Dear Mr. Lebens: This office met on February 4, 1992 with Joe Risser of your office in anticipation of this requested contract renewal for transit services/free fare program for all Cal Poly students, faculty, and staff. Joe indicated that you were interested in setting up a multi-year agreement (as had been the practice prior to this current year) for a period of three years. The current one year contract was to accommodate Cal Poly's budget uncertainty at this time last year. Prior to responding to this request, I'd like to give you a little background on Cal Poly student use of the system. The City has embarked on a Five Year Short Range Transit Plan using the highly respected consulting firm of Nelson/Nygaard. Part of their effort was an in-depth origin and destination survey of all current riders on all routes. Attachments 1 through 5 are the graphic findings by route, and system total, of who makes up SLO Transit's ridership. You can see that Cal Poly accounts for a spread of from 21% on route 3 to a high of 91% of route 4's ridership with an overall system Cal Poly ridership of 71%. An example of the origin of destination information provided in the plan is the example listed as Attachment 6 showing where the riders board a particular route, in this case route 2 and in what numbers at each location they board the route. It is interesting to note on Attachment 6 that most of the stops all along the route pick up from 25 to 49 riders per location with several accounting for 100 to 199 riders per location with their destination being Cal Poly campus. Further evidence of the joint effort to meet the needs of the student population are the results of the Community/University Task Force wherein the results spell out that 'the City should continue to work closely with Cal Poly and Cuesta to create improved bus schedules and incentive programs that encourage high levels of student usage by the Transit System". One of Cal Poly's directives from this effort was that "Cal Poly should continue to participate in funding the City's Transit Program, and be willing to pay appropriate cost for those services. Cal Poly should work closely with the City and San Luis Obispo Regional Transit Authority to create improved bus schedules and incentive programs that will encourage high levels of student usage of the transit system. Cal Poly should set an annual target for reduction of campus destination automobile trips and develop and implementing program." EXHIBIT A Many of these same goals have become evident from the Air Pollution Control District (APCD) and their trip reduction ordinance. The target goal currently stands at 1.5 occupants per vehicle which could result in a mandated reduction of trips to campus of 40 to 50%. The APCD is looking towards transit as being a major component in allowing both public and private entities to meet the mandates as they become effective. Over the years our contract has graduated at the rate of one cent per passenger trip up to the existing contract amount of $.33 per passenger. The costs to the City of San Luis Obispo for the transit service provided by our private enterprise vendor has risen disproportionately to the Cal Ply/SLO contract. Our current year cost per passenger before farebox is $.60 per passenger and after farebox cost is $.39 per passenger. In terms of an agreement for next fiscal year, the ridership in the last twelve months for the system was 743,741 passengers (bus only). Seventy percent of that number is Cal Poly ridership at 520,618. Therefore, for the first year of this new contract, we propose a continuation of the former practice of increasing Cal Poly's participation at the rate of $.01 a year per rider, $.34 per rider times the 520,618 Poly riders which comes out to $177,010. If we look at the actual after farebox cost of $.39 per passenger times the 520,618 Cal Poly riders per year, the result is $203,041. Again, this cost is based on this year's expense, not what it is expected to be next year. Our current vendor contract expires June 30, 1992 and the results of a Request for Proposals process currently underway indicate that (a) we will have a new vendor, and (b) the cost of providing the service is going up in the range of 64% to 227% depending on who the successful vendor is. In light of this, the Cal Poly contribution base may change (the after farebox contribution cost per passenger) and a new agreed to rate should probably be negotiated for years two and three of this contract. Because of this uncertain cost situation, we feel that we should keep this option open at this time. The willingness of your students, faculty and staff to use transit as an alternate form of transportation was validated by their immediately filling the new P.M.tandem service which we added on the Poly routes one and four this past year. This next year (after buying two new buses) we plan to add a Poly dedicated fifth route. We also plan to add an additional two new buses (above those mentioned above) and rehabilitate three of our existing buses to provide a more reliable service to our many riders. Should you have any questions, please contact me at (781-7121). Thanks for your continued cooperation with this successful program. We look forward to receiving a new standard agreement to cover the upcoming fiscal year. As soon as it arrives, we will take it to the City Council for their approval. Best regards, Harry Watson TRANSIT MANAGER HW:bw LEBENS.Itr C. Joe Risser • N E U C X CD - C1 'U J e J Cf = O O \ O O v a � " U J O N J < oa U 0 cv c Q >. y U � w o ` L E Cl) cz C7 (L >1 A t j CO) C 0 O ci cm G e C) c n Gf � Imo•• U o lL o a m U r L:1 0 rc :a Z y� o Cl)omu o CC `0 c 5 Cl) C C) Z O Z . O a o C) Dc �^ < a 0 O a a cc co o U U 0 CZ CZ o _N o () O N O G 0 c p ATTAC LMENT 1 �Id EXHlbl7 n C7 5 Q c Q < c c L'1 0 T � 5 0 U ri NC e � o C) >. OCL O 7 .�. H \ a Q C) n U f3 N e V..Ln C3C Li (V 1 O C') a) = o G r 2 Q L u c 7 i It c ., 1 IL m tJ U t"i ` (7 c L7 N 7 O L:cc n � o U O a: c _ N O C D � N i O n Co O Z 1 U O 0 c +� C � O - � d U N e D n N O ATTACHMENT 3 cq �. EXHIP Figure--3-3 SYSTEMWIDE R►DERSHiP BY FARE TYPI_ Senior-Disabled: Children/other: 1°l" Regular: 19% Cal Poly: 71% ATTACHMENT 5