HomeMy WebLinkAbout08/17/1993, C-10 - TRANSIT AGREEMENT BETWEEN CALIFORNIA POLYTECHNIC STATE UNIVERSITY AND THE CITY OF SAN LUIS OBISPO IIIII�lylll�lllllllll II MEETING GATE:
II I��III,II Cm or san tins oBispo August 17, 1993
u COUNCIL AGENDA REPORT STEM NUMBER: •/
FROM: Michael McCluskey, Director of Public Wof sc
Prepared by: Harry Watson, Transit Manager;W
SUBJECT: Transit agreement between California Polytechnic State University and the City of San
Luis Obispo
CAO RECOMMENDATION: By motion, approve and authorize the Mayor to execute a transit
agreement between California Polytechnic State University and the City of San Luis Obispo in the amount
of $246,250.00 for FY 1993-94.
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. The fare is paid by the University in two lump
sum payments to cover projected student and faculty use. This mutually agreeable relationship has been
beneficial to both the University student body and faculty and to the City.
A farebox amount of approximately $246,250.00 has been negotiated with the representatives of the
University as their contribution for the services that will be rendered for fiscal year 1993/94. The
farebox charged the University is the result of: 1) increased ridership by Cal Poly students and faculty;
and 2) a ridership versus cost factor.
In FY 1992/93 SLO Transit experienced a 13% increase in Cal Poly ridership over FY 1991-92, the base
year of this agreement, even though enrollment was down 11%. Payment of this contract is accomplished
by Cal Poly, via on-campus parking ticket revenues. As SLO Transit ridership has increased, parking
ticket revenues have decreased, and as a result the University is also using some reserve funds to fully
fund this contract.
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 1992 to December 1992):
837,585
• Less non Cal Poly Riders 251.275
• Cal Poly Riders 586,310
• 1993-94 per Rider Fee z $0.42
• 1993-94 Agreement $246,250
The five year history of the Cal Poly farebox has been:
1992-93 $177,250.00
1991-92 135,132.00
1990-91 98,325.00
1989-90 887000.00
1988-89 74,000.00
�u�►►�+►��IIIIII�Ip�q�d�N city of sari LUIS OBISpo
COUNCIL AGENDA REPORT
Cal Poly
Page 2
The approved Transit budget for Fiscal Year 1993-94 is $916,000. Of that amount, the total projected
farebox is projected to be $319,250, or 35% of the cost of operating the system. The Cal Poly farebox
for FY 1993-94 for Cal Poly accounts for 77% of our projected farebox total.
Attachment: Agreement
advsatATW1
STATE OF CALIFORNIA
. y
STATEMENT OF COMPLIANCE
STD. 19 (Rev. 3.87)
COMPANY NAME
City of San Luis Obispo
The company named above (hereinafter referred to as "prospective contractor") hereby certifies, unless
specifically exempted, compliance with Government Code Section 12990 and California Administrative Code,
Title 2, Division 4, Chapter 5 in matters relating to the development, implementation and maintenance of a
nondiscrimination program. Prospective contractor agrees not to unlawfully discriminate against any employee
or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap,
medical condition (cancer related), marital status, sex or age (over forty).
CERTIFICATION
T 'Ne official named below, hereby swear that I am duly authorized to legally bind the prospective contractor to
the above described certification. I am fully aware that this certification, executed on the date and in the county
below, is made under penalty of perjury under the laws of the State of California.
NAME OF OFFICIAL
Michael D. McCluskey, Director of Public Works
DATE ExEcVrED EXECUTED IN THE COUNTY OF
11971f-5 I San Luis Obispo, California
PROSPEG VE O ACTORS N RE
PR CT1VEC0 /yCTOR -
�0_
PROSPECTIVE CONTRACTOR
gEDERAL EMPLOYER I.D. NUMBER
95-6000781
97�aa '3
43U,
y r.
State of California
DRUG-FREE WORKPLACE CERTIFICATION
std 21 (new 11-90)
Cbnr=r/off Name
City of San Luis Obispo
The contractor or grant recipient named above hereby certifies compliance with Government Code
Section 8355 in matters relating to providing a drug-free workplace. The above named contractor
will:
1. Publish a statement notifying employees that unlawful manufacture,distribution,dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken
against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code 8355(b), to
inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace,
(c) Any available counseling, rehabilitation and employee assistance programs, and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c) that every employee who works on .
the proposed contract or grant:
(a) Will receive a copy of the company's drug-free policy statement, and
(b) Will agree to abide by the terms of the compaiVs statement as a condition of
employment on the contract or grant.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor
or grant recipient to the above described certification. I am fully aware that this certification,
executed on the date and in the county below, is made under penalty of perjury under the laws of
the State of California.
otTidds Name
Michael D. McCluskey, Director of Public Works
Due Easuted E ce ted io the M=W of
7 Z11a3 San Luis Obispo, California
Camnaaor or, Redpdeat!//�i;ogaue
Tide— �2�re2
Federal LD.Number
95-6000781 �D�
?ATE OF CAISFDRNIA CONrRAcr NUMBER AM. ❑ CONTRACTOR
STANDARD AGREEMENT - ATTORNNEY GENER L P400051 NO.
SID.i(REV.7/sen ❑ STATE AGENCY
CONTRACPORS SATE I.D.NUMBER ❑ DEPT.OF GEN.SER
963000781 ❑ CONTROLLER
S AGREEMENT, made and entered into this IST day of JULY. 19Q,}, ❑
in the State of California, by and between State of California, through its duly elected or appointed, ❑
qualified and acting
771U OF OFFICER ACTING FOR SITE AGENCY
Procurement&Support Services Officer California Polytechnic State University,San Luis Obispo hereafter called the State,and
CITY 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 saw"to be rondatd by Contractor,anowu to be paid Contractor,one for performance or wmpkua% and attach plans and specification;if any.)
CAL POLY, SLO/CITY NO FARE PROGRAM TRANSIT SYSTEM AGREEMENT
The attachment, marked EXHIBIT •A', hereto is made a part of this agreement by reference thereto.
The term of this agreement is from July 1, 1993 through June 30, 1994.
The Fiscal Year 1993-94 Fee Calculation is using the 586,210 ridership at S.42 per passenger. Total amount payable on this
Agreement shall not exceed Two Hundred Forty Six Thousand Two Hundred Fifty Dollars ($246,250.00).
CONTINUED ON_L2 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR(IF O77IFR THAN AN INDmaUAI,SrA7E WHETHER A CORPORATION,
Cal POIy State University,San Luis Obispo, PARTNERSHIP.EPC)
CITY OF SAN LUIS OBISPO TRANSIT SYSTEM
BY(AUTHORI BY(AUTHORIZED SIGNATURE)
X X
PRINTED NAMEOF PERSON—SIGNKG PRINTED NAME AND TITLE OF PERSON SIGNING
Ray Macias Pe Pinard, Mayor
Tau ADDRESS
Director of Support Services 990 PALM STREET,SAN LUIS OBISPO,CA 93403
AMOUNT ENCUMBERED BY PROGRAM/CATEGORY(CODE AND TM.E) FUND WILE pepartmCnt of General Services
r PRF-CM
BUS PROGRAM GENERAL
Use Only
MOR AMOIII1rr ENCUMBERED (OPTIONAL USE)
FOR 7HnS CONrRACr DH=TOR OF PUBLIC SAFETY SE_RVICES/JOE RISSER
S rIIIM CHAPrER STATUTE FISCAL YEAR
TOTAL AMOUNT 9ZUMBFRED 506 17$2 65 93-94
7O DATE OWECr OF MWENDRURE(CODE AND 7nIR)
S 6622053520—EC89700&89701
I hereby Caafy upon my own personal knowledge that budgeted funds are TaA.NO. BA NO.
'able for rhe period of the upmditure stand above.
ATURE OF ACOOUN77NO OFFICER DATE r
X [A�AEILL '1 3 d-
88 4vo®
CITY OF SAN LUIS OBISPO TRANSIT
STANDARD AGREEMENT NO. P400051
PAGE 2
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 ax y 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 ad 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
CITY OF SAN LUIS OBISPO TRANSIT SYSTEM
STANDARD AGREEMENT NO. P400051
PAGE 3
STATEMENT OF COMPLIANCE: Contractor shall sign a Statement of Compliance that certifies under the
Penalty of Perjury under the laws of the State of California that the Con}ractor, 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.
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 Relations Board (Public Contract Code Section 10296).
EXAMINATION AND AUDIT OF CONTRACTING PAR • The contracting parties shall be subject to
the examination and audit of the Auditor General for a period of three years after final payment under the
agreement.The examination and audit shall be confined to those matters with the performance of the
contract, including, but not limited to, the costs of administering the contract.
DISCRIMINATION 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 provision of the Fair Employment and Housing Act
(Government Code, Section 12190 et seq.) and the applicable regulations promulgated thereunder (California
Administrative Code,Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code, Section 12990 set forth in Chapter 5 of Division 4 of
Title 2 of the California Administrative Code are incorporated into this agreement by reference and make a
part hereof as if set forth in full, Contractor and its subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining or other
agreement.
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 payment under the contract or termination of the agreement or
both and the contractor may be ineligible for award of any future State contracts if the department
determines that any of the following has occured: (1) the contractor has made false certification or (2)
violates the certification by failing to carry out the requirements as noted in the attachment.
L4
NONDISCRIMINATION CLAUSE
(OCP - 2)
1 , During the performance of this contract, the recipient,
contractor and its subcontractors shall not deny the
contract's benefits to any person on the basis of religion,
color ethnicgroup identification, sex, age, physical or
mental disability, nor shall they discriminate unlawfully
against any employee or applicant for employment because
of race, religion, color, national origin, ancestry,
physical handicap, mental disability, medical condition,
marital status, age or sex, Contractor shall insure that
the evaluation and treatment of employees and applicants
for employment are free of such discrimination,
2, Contractor shall comply with the provisions of the Fair
Employment and Housing Act (Government Code, Section
12900 et seq. ), the regulations promulgated thereunder
(California Administrative Code, Title 21 Section 7285,0
et seq, ), the provisions of Article 9,51 Chapter 1, Part 1,
Division 3, Title of the Government Code (Government
Code, Sections 11135-11139,5)_ and the regulations or stand-
ards adopted by the awarding State agency to implement such
article.
3. Recipient, contractor and its subcontractors shall give
written notice of their obligations under this clause to
labor organizations with which they have a collective
bargaining or other agreement ,
4, The contractor shall include the nondiscrimination and
compliance provisions of this clause in all subcontracts
to perform work under the contract,
STD. 179 (1E. 5-83)
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955 Morro Street • San Luis Obispo, CA 934M
February 10, 1993
Frank Lebens
Vice President., Business Affairs
California State Polytechnic University
San Luis Obispo, CA 93407
Dear Mr. Lebens:
It has been the practice in previous years for this mutually
beneficial contract between Cal Poly University and San Luis Obispo
City Transit to base the remuneration on last year's actual
ridership, and the current year's contractual cost of providing
that. service.
We are in the first year of a three year contract with a new
service provider. Our contractual cost per mile has gone up 33%,
from $1.90 per mile last year to $2.463 per mile this year.
We have enjoyed a substantial increase in ridership due in large
part to the addition of p.m. tandem service on Routes 1 and 4, the
addition of tandem service on Route 2, and the addition of a
floating tandem which responds to overload conditions experienced
on any of the routes.
A new phenomenon experienced by the transit system, a result of Cal
Poly budgetary cutbacks, has been a peak capacity situation on
inbound routes throughout our service day. This is driven by the
number of students that are now availing themselves of evening
classes, and those who experience large time breaks in their
academic day and make multiple trips to the campus.
The additional service mentioned above has been welcomed by
increasing numbers of students, by increasing the likelihood that
they will encounter a bus that has space available for their use.
It has also enhanced our on time performance from 87% to 95%, which
allows for transfers from our various routes to those which are Cal
Poly bound.
.SLO Transit has added an additional three backup buses and two new
transit coaches to our fleet in this last year. As a test
demonstration prior to introducing the backup buses into regular
daily service, staff added all three backup buses to its inbound
Route 1 service in the a.m. hours, and to its Route 2 p.m. service ,
outbound to see if we could reach a point of diminishing returns.
Lebens
Page Two
The result was that we had four inbound buses on Route 1 and four
outbound buses on Route 2 in the a.m. and p.m. , respectively. We
found that in less than three days, the students had discovered our
expanded service test and we again were intermittently experiencing
standing room only on those two routes.
With the addition of the two new buses; one of which is a
replacement bus and one is an expansion bus, SLO Transit will be
adding a fifth express route from campus to the Laguna Lake area,
returning via City Hall and mirroring Route 1's inbound service on
Mill and Grand back to the U.U. in March of this year. We also
have on order for a projected September delivery two compressed
natural gas fueled buses, and our program is to add a third
compressed natural gas fueled bus early next year. These three
buses, when added to our recently received advanced design trap-
equipped diesel buses and three of our older coaches that are being
retrofitted with 1992 clean diesel technology, will provide a very
user friendly, low polluting transit fleet with which to serve our
community.
In previous discussions with both yourself and Joe Risser, you have
indicated your desire to establish a multi-year contract (which has
been the practice in previous years) . Should that still be your
desire, subsequent year contractual amounts should be tied to
contract escalation costs as they are built into SLO City's
contract with the service provider. The escalation factor in our
service contract is 9. 6% per year. A three year contract would be
as follows:
1991-92 actual system ridership 837, 585 passengers,
multiplied by 70% Cal Poly student ridership, equals
586,310 Cal Poly students on the system last year.
586,310 Cal Poly riders, times our actual after fare
box net cost per passenger of 42 cents per passenger,
equals a 1993-94 Cal Poly contract amount of $246,250.
Using the 9.6% per year service contract increase
factor, our 1994-95 Cal Poly contract amount would be
$269,890.
The 9.6% increase for the following year would take the
third year of our contract, 1995-96 to $295,799.
The second and third years of the contract should be
validated by actual Poly ridership to protect both Cal
Poly and the City should ridership increase or decrease
significantly. The attached graphs (from our current
short range transit plan) show system wide ridership of
71% being Cal Poly students. The individual routes
show Poly ridership ranging from 21% to 91%.
Lebens
Page Three
In summary, the University should be proud ,of the commitment made
by its students and faculty to use SLO Transit as an alternative
form of transportation, thereby reducing their reliance on single
occupant vehicles in our community. The mutually beneficial
relationship between Cal Poly and the City goes a long ways
toward meeting upcoming mandated trip reduction ordinance
measures that will be contained in Air Pollution Control District
mandates. Public transit continues to be the most cost effective
method of reducing automobile trips to campus. SLO Transit will
continue to be pro active in meeting the needs of your students
and faculty and wish to thank you in advance for continuing the
relationship that we have had in the past.
I would be happy to meet and discuss this proposal with you at
your convenience, or should you prefer, please don't hesitate to
contact me at 781-7121.
Best regards,
Harry Watson
Transit Manager
Attachment: graphs
imms/nw1
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Figure 3-3
SYSTEMWIDE RIDERSHIP BY FARE TYPE' . .5, .;
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V,;
Cal Poly: 71%
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Figure 3-31
�c ..•xc:. .
.... ,V, s by Faretype
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