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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) L /D-� ��►���I�II��I�IIII IAIJ������II I�►i�i8�lll � cit o sAn vuis onspo Y 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 C.io-ll Figure 3-3 SYSTEMWIDE RIDERSHIP BY FARE TYPE' . .5, .; < her:•��'1%` `•''' • "=`� `�`-��'� ChildreNOt � -- Senior-Disabled: -,::_• ;:�:;.�,,- _:_ _ -- Regular: lvm :kyr.. ` V,; Cal Poly: 71% •nq/� :x N a. e C75 L X, . `Ic co 0 cc OR _: CO o O Q:. as U L am 0 i 'czo i LL CCO cc 7S Cl) Q c 9. C Q r. C7 cq Ui cr _ cc CA Uj ren • vI .. Im .. _.. - cc O _ \ 08 O CO) Oo .+3 CL "x .. a r: d N : 0 ... cis _.. - N m Z O . N ..w. . CL � T � LL L m O5 N uYcm N co r o U m Q C7 C13 W IrT LL o - cc. m O U: C S: Ile cc m T y U T _cis W 0 O J L p N a O J C. Ua` J U ,n IV 2 O o 0 v O a a � a m 0 CA O C /D'� C- ( c c9 7 cc 1 LU a i L _ _ .. . m Neo o° Q z _ T Z CL m p ci a LL 73 .r w co 0 O i p C.) U CE ` N V. p o co ` 3 L!) m U) L CV W fLU- o Ch D UJ o .......... .......... w. . o :, CN cc a. . m - ''-• c r 0 N _ G _ CD C Z o o Ala C/) o _ ^: C a c c a U G cis � U O r� N r F Vis_ Figure 3-31 �c ..•xc:. . .... ,V, s by Faretype Route 4- Boarding Y _ j" 4: MADONNA-FOOTHILL LOOP (including tandems) - ° - Children-Other: 1% - -- Y Senior-Disabled: 2% egular• 6%` ' •"bt 1.0. 71. L_. _ •� ILI 4 -^Cal Poly; 91�° y 3-48 5