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HomeMy WebLinkAboutA13-05 EDAPTS Cal Poly TransitAgreement Between th e City of San Luis Obisp o and California Polytechnic State University For Maintenance and Support Service of th e Efficient Deployment of Advance Public Transportation System (EDAPTS ) The Parties, the City of San Luis Obispo (City) and the California Polytechnic State University , San Luis Obispo (Cal Poly) through this Memorandum of Understanding (Agreement), desire t o create a working relationship between the two public entities which will enable the operation of a mutually beneficial transit management system within the city of San Luis Obispo . Whereas, Cal Poly's Advance Technology Laboratories' (ATL) Transportation Researc h Group's Principle Investigator's, Jeff Gerfen, through grant funds, developed an open-sourc e EDAPTS Smart Transit System (EDAPTS). Whereas, the City has an existing transit system bus fleet and bus stops operating substantiall y throughout the city of San Luis Obispo in which EDAPTS equipment and hardware have bee n installed ; an d Whereas, Cal Poly, in fulfillment of its mission as a public higher education institution, desires t o obtain data concerning the frequency and use of City's bus fleet by Cal Poly faculty, staff, an d students through the use of EDAPTS ; and Whereas, Cal Poly's Advance Technology Laboratories (ATL) has agreed to provide it s technical expertise and resources to provide service and support for EDAPTS in order to collec t and calculate this data ; and Whereas, City's bus fleet service and safety will be enhanced by Cal Poly's service and suppor t of EDAPTS ; and Whereas, based on the mutual benefits to Cal Poly and City of maintaining EDAPTS, City an d Cal Poly agree to share equally in the cost of Cal Poly's provision of service and support fo r EDAPTS ; an d Therefore, in consideration of the mutual agreements contained herein, the Parties agree a s follows : 1 . INTRODUCTIO N The EDAPTS system provides various benefits to riders, transit staff operations an d management, and Cal Poly Polycard operations . These benefits range from increased customer C service to improved driver and passenger safety to better operations knowledge to suppor t system planning and operation . Benefits are listed below : 1.Knowledge of Cal Poly rides provided by SLO Transit . 2.Validation of Cal Poly ID upon boarding . 3.Bus arrival information at stops via Smart Transit Sign s 4.Driver's emergency button . 5.Bus location viewable in real-time on control consoles . 6.Schedule adherence feedback to drivers while at stops . 7.Schedule adherence data archived and viewable . 8.Schedule maintenance and deployment from control console . 2 .RESPONSIBILITIE S 2 .1 City shall : 1.Cooperate with Cal Poly in order to allow Cal Poly to properly service and suppor t EDAPTS including allowing access as necessary to City's bus fleet and stops and transi t system's equipment, systems and environments . 2. Pay Cal Poly $2,250 (two thousand two hundred and fifty dollars) for the period of Jul y 1, 2003 through June 30, 2004 . 3.Pay Cal Poly $3,250 .00 (three thousand two hundred and fifty dollars), or one half th e actual cost, for the period July 1, 2004 through June 30, 2005 . City's payment to Cal Poly shall not exceed $5,500 (five thousand five hundred dollars) in Fiscal Year 2004-05 . 4.Pay Cal Poly the annual amount not to exceed $3,250 .00 (three thousand two hundre d and fifty dollars), or one-half the actual cost, for the period July 1, through June 30 fo r said services thereafter until the agreement is terminated. Cal Poly will invoice the City at the beginning of each month to be paid by City within 30 days of receipt. 5. Timely notify Cal Poly when EDAPTS' equipment is not functioning properly . 4. Notify the ATL EDAPTS team of schedule changes a minimum of six weeks prior to th e date of the change . 5.City, as owner of installed equipment and hardware in the bus fleet and City sites, i s responsible for all equipment that is stolen or damaged when installed in SLO Transi t facilities, bus fleet, bus stops, or vehicles . 2 2 .2 Cal Poly shall provide the following services and support : 2 .2 .1 Standard Support Service s Cal Poly's ATL EDAPTS team will service and support the EDAPTS as installed in City's SL O Transit . This support will consist of: 1.Cleaning on-board mobile data terminal faces and magnetic stripe card readers ever y month to ensure that installed equipment is not dirty and performs PolyCard swipe s successfully . 2.Checking on-board equipment including mobile data terminals, radios and radio modems , magnetic stripe card readers, and exposed cabling to ensure that it is serviceable and no t loose or coming unfastened . 3.Checking and cleaning installed server and operator console equipment including workstations and monitors to ensure that they are clean and don't have obvious problem s such as cooling fans wearing out . 4.Checking and cleaning the 8 Smart Transit Signs installed at bus stops in San Lui s Obispo to ensure that the signs are clean, serviceable, and present a positive image to th e public . Cal Poly will clean solar panels on top of the signs to remove dust and debris . 5.Maintaining Smart Transit System Polycard ID number accessing software . Thi s software maintenance will fix bugs and ensure that the system operates as delivered t o Cal Poly and SLO Transit on June 30, 2003 . 6.Maintaining Smart Transit System Central communications and database server software . This software maintenance will fix bugs and ensure that the system operates as delivere d to Cal Poly and SLO Transit on June 30, 2003 . 7.Maintaining Smart Transit System mobile data terminal software . This softwar e maintenance will provide patches for bugs and ensure that the system operates a s delivered to Cal Poly and SLO Transit on June 30, 2003 . 8.Maintaining Smart Transit Sign software . This software maintenance will fix bugs an d ensure that the system operates as delivered to Cal Poly and SLO Transit on June 30 , 2003 . 9.Maintaining the Smart Transit System Web Map software for public use . This software maintenance will fix bugs and ensure that the system operates as delivered to Cal Pol y and SLO Transit on June 30, 2003 . 10.Facilitating route, stop, and schedule changes to ensure that the Smart Transit Syste m remains current and reflects current SLO Transit service routes . 11.Observe schedule adherence and ride data at the Smart Transit System central softwar e on an every two week basis to ensure that data is being received and stored properly . 3 12 . Perform database backup every 3 months and database rebuilding every 6 months (o r more frequently, if needed). 3 . SERVICE REQUESTS, HOURS AND RESPONSE TIME S 3 .1 The Parties agree to the following Service Request Procedures : 1.Normal service requests :All service requests for routine maintenance, procurements , upgrades and non-critical repairs should be made by calling Neil Hockaday, the AT L EDAPTS team coordinator at (805) 756-5758 . The ATL EDAPTS team will log new requests and provide assistance via telephone or a fiel d call to SLO Transit or Cal Poly parking as needed . 2.Emergency service requests :Emergency requests may be made by contacting Nei l Hockaday at (805) 878-9456 . City is expected to use good judgment in determining whethe r the situation is an emergency which warrants direct, immediate notification — particularl y with respect to after-hours support . 3.Agreement/billing inquiries :Questions regarding provisions of this Agreement or billin g should be directed to Cindy Campbell, Associate Director, University Police Department . 3 .2 The Parties agree to the following Service Hours and Response Times : The ATL EDAPTS team will endeavor to repair or replace system components according to th e following schedule : —On-board equipment (mobile data terminals, mag-stripe card readers, gps antennas, etc .) within 3 business days . -Smart Transit Sign within 5 business days . -Software bug patches on an as-soon-as-possible basis . —Equipment sent out for service on an as soon as possible basis . The ATL EDAPTS team may require access to the SLO Transit bus yard and/or dispatch facility after hours to accomplish maintenance objectives within the specified time period . Service will be scheduled during business hours of 8 :00 a .m. to 5 :00 p .m . weekdays when possible as dictate d by SLO Transit fleet operations . The ATL EDAPTS team will support all bus routes equally given that all system elements mus t operate properly in order for the Smart Transit Signs to operate properly and reflect positively o n Cal Poly and City . 4 4. SUPPORTED SYSTEMS AND ENVIRONMENT S Cal Poly will support the following systems and environments : 1.On-Board and Roadside Equipment :The ATL EDAPTS team will support on-board equipment including mobile data terminals, magnetic stripe card readers, radios and radi o modems, GPS antennas, and mounting hardware . The ATL EDAPTS team will also support bus-stop hardware that includes Smart Transit Signs and associated components includin g solar power cells, display modules, P-Posts, and batteries . Any OEM equipmen t maintenance costs will be covered by this agreement, funds and spare parts permitting. 2.Peripheral Equipment :The ATL EDAPTS team will support radios and radio modem s installed in SLO Transit buses and dispatch by facilitating their return to CE I Communications of Bakersfield (radios) and Teledesign Systems of San Jose (radio modems ) for repair . Any OEM equipment maintenance costs will be covered by this agreement, fund s and spare parts permitting . 3.Servers and Workstations :The ATL EDAPTS team will support the system server to b e installed at the Prado road facility, any servers installed at Cal Poly ITS locations working i n conjunction with Cal Poly ITS, and dispatch consoles installed at Prado road SLO Transi t management, and Cal Poly Parking and Commuter Services, and the EDAPTS developmen t lab . Any OEM equipment maintenance costs will be covered by this agreement, fund s permitting. 4.Network & Application Software :The ATL EDAPTS team will support system networking , server, and operator console software that has been developed under this contract and i s installed on above described servers . 5.On and Off Campus Support :Support of university-owned equipment will be provided o n Cal Poly University campus when possible . Some equipment, which may be installed o n SLO Transit vehicles, at SLO Transit bus stops, and in the SLO Transit dispatch center ma y be maintained and/or serviced at City locations . 6.Wireless Communications Costs .This agreement will pay for monthly paging servic e charges to support operation of the Smart Transit Signs . 5 . TER M The term of this agreement shall commence on the date this agreement is fully executed and remain in effect until Parties either amend or terminate the agreement . 6 . AMENDMENT S This writing constitutes the entire Agreement between the parties relative to the matter of thi s Agreement and no modification hereof shall be effective unless and until such modification i s evidenced in writing signed by both parties to this Agreement . There are no understandings , 5 agreements or condition with respect to the subject matter of the Agreement except thos e contained in this writing . 7.WAIVER Failure of either Party to enforce or insist upon compliance with any of the terms or conditions o f this Agreement shall not constitute a waiver or relinquishment of any such terms or conditions . To the contrary, the same shall remain at all times in full force and effect . 8.RELATIONSHIP OF THE PARTIE S City and the agents and employees of City in the performance of this Agreement shall act in a n independent capacity and not as officers or employees or agents of Cal Poly and/or the CSU . The employees of Cal Poly and/or the CSU who participate in the performance of thi s Agreement are not agents of the City . 9.SEVERABILIT Y If any one or more of the terms, provisions, covenants or conditions of this Agreement shall t o any extent be declared invalid, unenforceable, void or voidable for any reason by a court o f competent jurisdiction, the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants or conditions of this Agreement shall be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 10.NOTICE S All notices herein which are to be given or which may be given by either Party to the other, shal l be in writing and shall be deemed to have been given five (5) business days after deposit in th e United States Mail, certified and postage prepaid, return receipt requested and addressed a s follows : To City : City Clerk City of San Luis Obisp o 990 Palm Street San Luis Obispo, CA 9340 1 To Cal Poly : California Polytechnic State University, San Luis Obispo, CA 9340 7 Attn : Cindy Campbell, University Police Departmen t Nothing herein contained shall preclude the giving of any such written notice by persona l service, in which event notice shall be deemed given when actually received . The address t o which notices shall be mailed as aforesaid to either Party may be changed by written notice give n by such Party to the other as herein above provided . 11.JOINT WORK PRODUC T This Agreement is the joint work product of both Parties hereto, accordingly, in the event o f ambiguity no presumption shall be imposed against either Party by reason of document preparation . 12.FORCE MAJUER E Neither Party shall be liable to the other for any failure of performance under this Agreement du e to causes beyond its control, including, but not limited to : acts of God, fire, flood or othe r catastrophes ; adverse weather conditions ; material or facility shortages or unavailability no t resulting from such Party's failure to timely place orders therefor; lack of transportation ; the imposition of any governmental codes, ordinances, laws, rules, regulations or restrictions ; national emergencies ; insurrections ; riots, wars ; or strikes, lock-outs, work stoppages or othe r labor difficulties ; provided however, that said time period shall be extended for only the actua l amount of time said Party is so delayed . An act or omission shall not be deemed to be "beyon d its control" if committed, omitted or caused by such Party, or its employees, officers, agents o r affiliates, or by any corporation or other business entity that holds a controlling interest in sai d Party, whether held directly or indirectly . 13.INDEMNIFICATIO N To the full extent permitted by law, Cal Poly shall defend, indemnify and hold harmless City, it s employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings , administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind , whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest , defense costs including expert witness fees and any other costs or expenses of any kin d whatsoever incurred in relation to, as a consequence of or arising out of or in any wa y attributable in whole or in part to Cal Poly's performance under this agreement . All obligation s under this provision are to be paid by Cal Poly as the City incurs them . Without affecting the rights of City under any provision of this agreement or this section, Ca l Poly shall not be required to indemnify and hold harmless City as set forth above for liabilit y attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instance s where Cal Poly is so solely or partially at fault or in instances where City's fault accounts fo r only a percentage of the liability involved . In those instances, the obligation of Cal Poly will b e all-inclusive and City will be indemnified for all liability incurred, even though a percentage o f the liability is attributable to conduct of the City . To the full extent permitted by law, City shall defend, indemnify and hold harmless Cal Poly, it s employees, students, agents and officials, from any liability, claims, suits, actions, arbitratio n proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of an y kind, whether actual, alleged or threatened, actual attorney fees incurred by Cal Poly, court costs , interest, defense costs including expert witness fees and any other costs or expenses of any kin d 7 whatsoever incurred in relation to, as a consequence of or arising out of or in any wa y attributable in whole or in part to City's performance under this agreement . All obligations under this provision are to be paid by City as Cal Poly incurs them . Without affecting the rights of Cal Poly under any provision of this agreement or this section, th e City shall not be required to indemnify and hold harmless Cal Poly as set forth above for liabilit y attributable to the sole fault of Cal Poly, provided such sole fault is determined by agreemen t between the parties or the findings of a court of competent jurisdiction . This exception will apply only in instances where Cal Poly is shown to have been solely at fault and not in instance s where the City is so solely or partially at fault or in instances where Cal Poly's fault accounts for only a percentage of the liability involved . In those instances, the obligation of the City will b e all-inclusive and Cal Poly will be indemnified for all liability incurred, even though a percentag e of the liability is attributable to conduct of Cal Poly. 14 . REQUIRED FEDERAL CLAUSE S City represents and warrants that the terms and conditions set forth in this Section 14 . (Required Federal Clauses) are required by law and/or the FTA Grant Agreement . 14 .1 Disputes .Unless this Agreement provides otherwise, all claims, counterclaims, dispute s and other matters in question between the City and Cal Poly arising out of or relating t o this Agreement or its breach will be decided : 1) by a meeting between City's Transi t Manager and Cal Poly's Associate Director of University Police, and in the event a satisfactory resolution is not reached, then, 2) by a meeting between City's Public Work s Director and Cal Poly's Vice President for Administration and Finance or his designee and in the event a satisfactory resolution is not reached, then, 3) by arbitration . 14 .2 Termination .The Parties may terminate this Agreement upon : a) Mutual agreement of the Parties prior to the intended termination date ; o r b . Urgent necessity in the event of a State or national emergency, as determined by Ca l Poly or the City; o r c)A material breach of any substantial provision of this Agreement, which breach remains uncured for 60 days after the breaching Party's receipt of written notice o f the breach from the other Party ; except that if the breach cannot, in a practicabl e manner, be cured within such 60 day period, the breaching Party shall have such additional time as is reasonably necessary to cure the breach . d)In the event costs exceed available resources, this Agreement may be terminated b y Cal Poly without penalty of any kind . 14 .3 Audit, Access to and Inspection of Records .Cal Poly and City shall comply with th e following : a) Authorized representatives of City or Cal Poly Metropolitan Planning Organization , State of California, the U .S . Department of Transportation, and the Comptrolle r General of the United States to inspect and audit all data and records of Parties relating to performance under this Agreement .Upon request from the City, Ca l Poly will provide City an annual unaudited report of actual expenditures (both direct and indirect costs) per the Uniform System of Accounts (National Transi t Database, formally Section 15). b) City and Cal Poly shall at all times during the course of, and for three years afte r completion of, the Contract or Project, maintain reasonable records relating to th e performance of the Contract or Project . Such records shall be in conformity with the generally accepted accounting principals and subject to Title 49 CFR and to 4 9 USC 5325 . Records shall be available to City and/or Cal Poly representative(s) upon request. 14 .4 Nondiscrimination . a).Cal Poly and City shall comply with all applicable federal, state and local laws, rule s and regulations with regard to discrimination in employment because of age, race , religion, color, sex, physical, or mental disability, marital status or national origin . Cal Poly and City shall take affirmative action to insure that applicants are employe d and that employees are treated during their employment without regard to their age , race religion, color, sex, physical or mental disability, marital status or nationa l origin . Such actions shall include, but not be limited to, the following : employment , upgrading, demotions or transfer ; recruitment or recruitment advertising ; layoff o r termination ; rate of pay or other forms of compensation ; and selection for training , including apprenticeship . b).City and Cal Poly shall also comply with the requirements of Title VI of the Civi l Rights Act of 1964 (P .L. 88-352) and with all applicable regulations, statutes, laws , etc ., promulgated pursuant to the civil rights acts of the state and federal governmen t now in existence or hereafter enacted . Further, Cal Poly shall also comply with th e provisions of Section 1735 of the California Labor Code . c).City and Cal Poly agrees to comply with applicable requirements of the Americans ' with Disabilities Act of 1990, as in reference to FTA Grants Agreement, Part II . 14 .5 Disadvantaged Business Enterprise .In connection with the performance of thi s Agreement, Cal Poly will cooperate with City in meeting City's commitments and goal s with regard to the maximum utilization of disadvantaged business enterprise . The goal for this project is 0%. 14 .6 Energy Conservation .City and Cal Poly shall comply with mandatory standards an d policies relating to energy efficiency that are contained inapplicable State energ y conservation plans issued in compliance with the Energy Policy and Conservation Act , 42 USC 6321 et seq . 14 .7 Obligation to Changes to Federal Requirements .Cal Poly understands that Federal laws, regulations, policies, and related administrative practices applicable to th e Agreement on its execution date may be modified from time to time . Cal Poly agrees 9 that the most recent of such Federal requirements will govern the administration of thi s Agreement at any particular time, except if there is sufficient evidence in the Agreemen t of a contrary intent . Such contrary intent might be evidenced by express language in letters including those signed by the FTA Administrator . Likewise, new Federal laws , regulations, policies and administrative practices may be established after the date th e Agreement has been executed and may apply to this Agreement . All standards or limit s set forth in this Agreement to be observed in the performance of the project are minimu m requirements . 14 .8 Compliance to the Privacy Act .Cal Poly and its employees shall comply with th e Privacy Act of 1974, 5 USC . 552a, and FTA Grant Agreement, Part II, Section 125 . 14 .9 Disclosure of Lobbying Activities .Cal Poly agrees to comply with the provisions of 3 1 USC 1352, which prohibit the use of Federal funds for lobbying any official or employe e of any Federal agency, or member or employee of Congress ; and requires Cal Poly t o disclose any lobbing of any official or employee of any Federal agency, or member, or employee of Congress in connections with Federal assistance . Cal Poly agrees to compl y with United States Department regulations, "New Restrictions on Lobbying," 49 CF R Part 20. 14 .10 Program Fraud and False or Fraudulent Statements and Related Acts .Cal Pol y acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, a s amended, 31 U .S .C . § 3801 et seq.and U.S . DOT regulations, "Program Fraud Civi l Remedies," 49 C .F .R . Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying Agreement, Cal Poly certifies or affirms the truthfulnes s and accuracy of any statement it has made, it makes, it may make, or causes to b e made, pertaining to the underlying Agreement or the FTA assisted project for whic h this Agreement work is being performed . In addition to other penalties that may b e applicable, Cal Poly further acknowledges that if it makes, or causes to be made,a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federa l Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Cal Poly to the extent the Federal Government deem s appropriate . Cal Poly also acknowledges that if it makes, or causes to be made, a false, fictitious, o r fraudulent claim, statement, submission, or certification to the Federal Government unde r an Agreement connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U .S .C . § 5307, th e Government reserves the right to impose the penalties of 18 U .S .C . § 1001 and 49 U.S .C . § 5307(n)(1) on Cal Poly, to the extent the Federal Government deems appropriate . Cal Poly agrees to include the above two clauses in each subcontract financed in whole o r in part with Federal assistance provided by FTA . It is further agreed that the clauses shal l not be modified, except to identify the subcontractor who will be subject to th e provisions . 10 14 .11 Recycled Products .Cal Poly agrees to comply with all the requirements of Sectio n 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U .S .C . 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, an d Executive Order 12873, as they apply to the procurement of the items designated i n Subpart B of 40 CFR Part 247 . 14 .12 Federal Transit Administration Term s All contractual provisions required by DOT, as set forth in FTA Circular 4220 .1E, dated April 15, 1996, are hereby incorporated by reference . Anything to the contrary herei n notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement . Cal Poly shall not perform any act, fail to perform any act, or refuse to comply with any City requests, which woul d cause City to be in violation of the FTA terms and conditions . 14 .13 No Obligation by the Federal Government . a).The City and Cal Poly acknowledge and agree that, notwithstanding any concurrenc e by the Federal Government in or approval of the solicitation or award of th e underlying contract, absent the express written consent by the Federal Government , the Federal Government is not a party to this contract and shall not be subject to an y obligations or liabilities to the City, Cal Poly, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract . b).Cal Poly agrees to include the above clause in each subcontract financed in whole o r in part with Federal assistance provided by FTA . It is further agreed that the claus e shall not be modified, except to identify the subcontractor who will be subject to it s provisions . 15.ARBITRATIO N Any and all claims, counterclaims, disputes and other matters in question between the City an d Cal Poly arising out of or relating to this Agreement shall be settled by arbitration to be held i n San Luis Obispo, California, in accordance with the rules of the American Arbitratio n Association . Judgment upon the award rendered by the arbitrator may be entered in any cour t having jurisdiction thereof. Before initiating arbitration proceedings, the parties agree to attempt to resolve any and al l claims, counterclaims, disputes and other matters in question between them in accordance wit h Section 14 .1 (Disputes). 16.ATTORNEYS' FEE S Should either party institute any action to enforce this Agreement, or any provision hereof, th e prevailing party in any such action or proceeding shall be entitled to receive from the other part y all costs and expenses, including reasonable attorney's fees . [SIGNATURES TO FOLLOW ON PAGE 12] 11 ATTEST : Austin O'Dell, Transit Manage r Date: A.9-6$ APPROVED AS TO FORM : Jonath well City Attorney California Polytechnic State Universit y er, Public Works Director Traci Kuchta, Contracts Manage r -24-6 Date :z-–I f –v S 12 city Of sail lUls OBISPO Mem o To:Jonathan Lowell, City Attorney From:Austin O'Dell CC: Date :December 22, 200 4 Re :EDAPTS Maintenance Agreemen t REQUESTED ACTIO N Approve as to Form and return to Public Works Administration . DISCUSSIO N Background In 2001, the City of San Luis Obispo began operating EDAPTS . EDAPTS was developed in partnership with Caltrans, California State Polytechnic University and the City . EDAPTS is an advanced public transportation system that utilizes global positioning satellite (GPS ) technology to provide real-time schedule information to passengers . The system also allows for automatic vehicle locating for the transit operator's computer aided dispatching, an d emergency call alert system . The cost of similar systems is generally between $20,000 to $30,000 dollars per bus . Because EDAPTS was a research project, the City receive d EDAPTS at little cost through a Caltrans assistance grant . Funding for EDAPTS from Caltrans has expired . Consequently, EDAPTS has bee n deactivated . Both California State Polytechnic University and the City have been developin g an agreement to fund the on-going cost to support, maintain, and reactivate EDAPTS . Bill Statler determined this item does not require City Council approval, and the Publi c Works Director can execute the agreement . This item has been pulled from the January 4, 2004 Consent Agenda. •Page 1 includes necessary software updates and patches . 2.On-Board Bus equipment .Maintain hardware and software for the mobile dat a terminals (MDT), magnetic strip readers, radios, radio modems, and wiring . Cal Pol y also will be responsible for cleaning and inspecting on-board equipment to insure tha t they are in good operating condition . This includes necessary software updates an d patches . 3.EDAPTS server and console equipment .Maintain hardware and software for th e EDAPTS server, console equipment, central communications, and database serve r software. Cal Poly also will be responsible for cleaning and inspecting the server an d console equipment to insure that they are in good operating condition . This includes necessary software updates and patches . 4.Polycard ID Accessing Software .Maintain software for the polycard ID system . This includes necessary software updates and patches . 5.Web Map .Maintain software for the Web Map . This includes necessary software updates and patches . 6.Service Changes.Facilitate route, bus stop, and schedule changes with the City t o ensure EDAPTS remains current for public use . 7.On-Time Adherence.Validate system on-time performance and database integrity . 8.System Backups .Back database every three and rebuild database every six months . 9.Respond to service requests . CONCURRENCE S The reactivation of EDAPTS has been a high priority of the Mass Transportation Committe e (MTC). MTC supports EDAPTS and the customer service aspects of the SMART Transi t Signs that provide real-time schedule information for passengers . FISCAL IMPACT S The term of the agreement is for one year with the option to renew annually by mutua l consent of both parties . The City's obligation shall not exceed $3,250 .00 dollars per year . There will be no fiscal impact to the general fund . The cost for these services will be pai d from contract services account from the Transit Program . ATTACHMENT S 1 . Agreement (2 originals ) •Page 3