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HomeMy WebLinkAbout07/17/1990, C-7 - TRANSIT AGREEMENT BETWEEN THE TRUSTEES OF CALIFORNIA STATE UNIVERSITY, CALIFORNIA POLYTECHNIC STATE ,Q�ii���I�I►►(�IIIIII IIf _. MEETING DATE: �► y��� city o san tuts osispo 7-/ 7-yO COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Ken Hampian, Assistant City Administra ive OfficerX4__11 Prepared by Harry Watson, Transit Manager SUBJECT: Transit agreement between the trustees of California State University,, 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 State University, California Polytechnic State University and the City of San Luis Obispo for the route subsidy of SLO Transit in the amount of $98, 325 for FY 1990-91. 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 $98, 325. 00 has been successfully negotiated with the representatives of the University as their contribution for the services that will be rendered during the next fiscal year. The amount for services rendered for fiscal year 1989-90 was in the approximate amount of $88, 000. 00. 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 and negotiated ridership versus cost factor as spelled out in the agreement and as outlined under the Fiscal Impact section. It should be noted that the University has stated that the new farebox that is being requested is taxing their funding source for transit to near its limits. It should also be noted that they have agreed to this amount. FISCAL IMPACT: The formula used to calculate the Cal Poly farebox as stated in the Transit Agreement, simply put is the total ridership on SLO Transit over the past twelve months of 530,316, less the non-Cal Poly passengers of 223, 049, which equals 307,267 Cal Poly passengers. The graduated fee per .rider is now $.32 per the agreement, so $. 32 X 307,267 passengers equals $98, 325.00. I i11Ni71r��IViIIIIII�Pn ��IN city of San tuts OBISp0 COUNCIL AGENDA REPORT Council Agenda Report Page Two The five year history of the Cal Poly farebox has been: 89-90 $88,000. 00 88-89 74, 000.00 87-88 68, 000. 00 86-87 67,000.00 85-86 49, 000. 00 The approved Transit budget for Fiscal Year 1990-91 is in the amount of $477,900. The farebox is projected to be $139,900, or 34% of the cost of operating the system. Cal Poly students account for 58% of our ridership. The negotiated farebox for FY 90-91 for Cal Poly accounts for 70% of our projected farebox total. The increased farebox paid by Cal Poly will assist SLO Transit in maintaining one of the highest farebox ratios being enjoyed by any non-urban transit system in California. ATTACHMENT: Agreement HW\tranagre STATE OF CALIFORNIA CONTRACT Nt1UM7BE� -- AM. NO. ❑ CONTRACTOR STANDARD AGREEMENT - �PPROVEDD GBY THE ENERAL SA#9O1/5/ I ❑ STATE AGENCY STD. 21REV. 7/881 CONTRACTOR'S STATE I.D. NUMBER ❑ DEPT. OF GEN. SER. ❑ CONTROLLER (AGREEMENT, made and entered into this 1St day of July 1990 , 13 in`tlie State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Cal POLI Procurement & Support Services 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 service to be rendered by Contractor,amount to be paid Contractor,time for performance or completion,and attach plans and specifications,if any.) CAL POLY/CITY NO FARE PROGRAM AGREEMENT TRANSIT SYSTEM Exhibit "A" attached hereto is made a part of this agreement by reference thereto. The term of this agreement is from July 1, 1990 through June 30, 1991. . . Fiscal Year 1990-91 Fee Calculation is• listed on attached Exhibit "B", which becomes a part of this .agreement. Total amount payable on this agreement is Ninety Eight Thousand. �'. Three Hundred Twenty Five Dollars ($98, 325.00) . - (Continued) CONTINUED ON _ 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 Cal Poly State University CONTRACTOR OP OTHER THAN AN INDIVIDUAL STATE wHErHER A CORPORATION. PARTNERSHIP, RTC.) San Luis Obispo, CA 93405-9750 CITY. OF SAN LUIS OBISPO TRANSIT SYSTEM 13Y(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE) X X PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Ray Macias. TITLE ADDRESS Procurement & Support Services Offier 990 Palm Street, San_ Luis Obispo, CA 93403-8100 AMOUNT ENCUMBERED BY PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE THIS DOCUMENT I Department of General Services $ 98,325.00roPnoruwc usram 1990-91 DRF Parkin Use only PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT VP for Business Affairs James R. Landreth $ ITEM CHAPTER STATUTE FISCAL YEAR TOTAL AMOUNT ENCUMBERED _ 90 90/91 TO DATE OBJECT OFEXPENDITURE(CODE AND TITLE( $ 4-57108-5520 T.B.A. NO. B.R. NO. iy certify upon my oun personal knotvledge that budgeted funds are it�ble for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE X �r 88 49089 City of San Luis Obispo Transit System Agreement No. 90-057 Page 2 Contractor, by signing this agreement, does swear under penalty of perjury 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 the Federal Court which orders the Contractor to comply with an order of the National Labor Relations Board (Public Contract Code, Section 10296) . The contracting parties shall be subject to the examination and audit of the State Auditor General for a period of three (3) years after final payment under the agreement in accordance with Government Code Section 10532. The examination and audit shall be confined to those matters connected with the performance of the agreement, including, but not limited to, the costs of administering the agreement. Contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the agreement, has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 8103 . F CI Exhibit A TRANSIT AGREEMENT This Transit Agreement ("Agreement") is made and entered into on this 7th day of July, 1987, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter referred to as "City," and THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, CALIFORNIA POLYTFC-11ANIC STATE UNIVERSITY, SAN LUIS OBISPO, hereinafter referred to as "University; jointly referred to hereinafter as the "parties." RECITALS _ The parties enter into and execute this Agreement with knowledge of and reliance upon the following facts: 1. City is the operator of a mass transit system known as "SLO Transit" which provides public transportation service within the City of San Luis Obispo and between the City of San Luis Obispo and University. 2. City and University entered into Interagency Agreement #85/037 on July 16, 1985 in order to provide a No Fare Program for Cal Poly students, faculty, and staff using SLO Transit September 15, 1985 through June 14, 1986. 3. City and University entered into Amendment No. 1 to Interagency Agreement #85/037 and Interagency Agreement #86/058 on July 15, 1986. Said Amendment and Agreement provided a No Fare Program for Cal Poly students, faculty, and staff using SLO Transit June 15, 1986 through.June 30, 1986, and July 1, 1986 through June 30, 1987, respectively. `-T.<00, 4. This No Fare Program has increased ridership on SLO Transit and reduced the demand for automobile parking on the University campus by providing for direct payment to City from University, which payment entitles University students, faculty, and staff to unlimited use of SLO Transit during a specified period of time. 5. City and University wish to continue and expand the time period for said Program. AGREEMENT NOW, THEREFORE, in consideration of the mutual and respective covenants set forth herein, and subject to all the terms and conditions hereof, the parties agree as follows: A. University shall pay to City a fiscal year fee of Sixty-Nine Thousand One Hundred Twenty-Four Dollars and Eleven Cents ($69,124.11) for the No Fare Program July 1, 1987 through and including June 30, 1988. Fee shall be payable in semiannual payments on or before September 14, 1987 and February 14, 1988. Said fee is calculated by the following formula: A x B = C, where A = total number of Cal Poly passengers riding SLO Transit during Fiscal Year 1986-87 as shown on the "SLO Transit Operations Report," an example of which is attached and incorporated by this reference (Exhibit A), and B = twenty-nine (29) cents, and C = University fiscal year fee B. Beginning July 1, 1988, and for each successive fiscal year beginning on July 1st while this Agreement is in effect, the fiscal year fee shall be calculated according to the formula in Paragraph A, where "A" uses the fiscal year prior to the fiscal year during which C-11� Gsaid fee is due and "B" is increased by one (1) cent per fiscal year (for example, FY 1988-89 = 30 cents, FY 1989-90 = 31 cents). The fee shall be adjusted each fiscal year in said manner until such time that the Cal Poly fare revenue per Cal Poly passenger is equal to the SLO Transit fare revenue less Cal Poly fare revenue per SLO Transit passenger less Cal Poly passengers, using the data shown on the applicable fiscal year "SLO Transit Operations Report." At such time, "B" shall be equal to the SLO Transit fare revenue.less Cal Poly fare revenue per SLO Transit passenger less Cal Poly passengers. Exhibit B of Agreement shows an ext..-,Vle of fare revenue calculations using Exhibit A data. The fee shall be payable in semiannual payments on or before September 14th and February 14th of the applicable fiscal year. C. In consideration of the payment described in Paragraph A or Paragraph.B, City shall allow University .students, faculty, and staff unlimited use of SLO Transit services during normal operating hours, and at existing levels of service for the applicable fiscal year, provided that said students, faculty,and staff shall show a current University identification card to the driver of any SLO Transit bus before boarding. City shall not be required to increase its service level above that currently existing, nor to change routes, times, or schedules, or add buses. City reserves the right to change existing routes, times, and schedules as it deems best for the benefit of the entire SLO Transit system. City shall not charge or exact any additional fee from University students, faculty, or staff for use of SLO Transit services. D. Either parry may terminate this Agreement at any time, without cause, by giving ninety (90) days written notice to the other party. . Either party may terminate this Agreement immediately for cause at any time by giving written notice to the other party. In the latter case, termination shall be effective upon receipt. In the event of termination of this Agreement, City shall refund to University a proportionate amount of the fee paid pursuant to Paragraph A or Paragraph B. The ratio of the amount refunded to the total fee paid pursuant to paragraph A or paragraph B shall be equal to the ratio of weeks (or part of a week) elapsed.from July 1 of the current fiscal year to 52 weeks. E. This Agreement is not assignable. Any assignment or attempted assignment by University shall be void, shall confer no rights on any third party, and shall be good cause for termination of this Agreement by City at its option. F. Neither University nor any of University's agents or contractors are or shall be considered to be agents of City in connection with the performance of University's rights and obligations of this Agreement. Neither City nor any of City's agents or contractors are or shall be considered to be agents of University in connection with the performance of City's rights and obligations under this Agreement. G. Unless otherwise provided, all notices required herein shall be in writing and delivered in person or sent by registered or certified mail, postage prepaid, return receipt requested. Notices required to be given to City shall be addressed as follows: Transit Manager c/o City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 Notices required to be given to University shall be addressed as follows: James R. Landreth Vice President for Business Affairs California Polytechnic State University San Luis Obispo, CA 93407 Provided that either party may change its address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Mailed notices shall be deemed received forty-eight (48) hours after deposit in the U. S. mail. H. This Agreement contains the entire Agreement between the parties hereto relating to the unlimited use of SLA Transit by University and may not be modified except by instrument in writing signed by the parties hereto. I. This Agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CCITY OF SAN LUIS OBISPO ATTEST: City Cle k Pamela Voge ayor Ron Dunin Date CALIFORNIA POLYTECHNIC STATE UNIVERSITY AT SAN LUIS OBISPO Ray Macias Date Procurement and Support Services Officer C'-7-9 - Exhibit B OPERATIONS REPORT Ridership During the first ten months of Fiscal Year 1989-90 a total of 455, 893 trips were made on San Luis Obispo Transit. The monthly totals are: Fiscal Year 1989-90 No. of Average No. of Months Trips Miles Per Day Cal Poly May 43 ,901 16, 188 1416 26, 826 June ------ 30, 522_-__16, 579 1017 12 , 955 ------------------- July 34 ,472 15,853 1112 12 , 080 August 35, 950 16,240 1160 13 , 074 September . 35, 357 17,448 1179 17 , 623 October 52 , 584 16,700 1696 34 ;346 November 51,814 18, 542 1727 34 , 348 December 36, 537 17,461 1179 13 , 430 January 53 , 850 14,811 1737 36, 150 February 49,969 18, 308 1785 34 , 153 March 49 , 105 16,794 1584 35, 669 April 56, 255 18, 324 1875 36, 613 May June Fiscal YTD Total 455, 893 170,481 1503 267 , 486 Last 12 mos. Total 530, 316 203 , 248 1456 307 , 267 E Mgnditure - The summary of expenditures at the time this report was prepared for the first ten months of Fiscal Year 1989-90 total $342 , 178. This is made up of: Utilities & Vehicle Maintenance $57,622 Vendor Contract Service 245,338 Non Vehicle Trasnsit 1, 731 Salaries, Office Supplies, Advertising, Associations, Travel 37, 487 The cost per passenger is $ .75 The cost per trip is 2 .01 b:oprrpt Exhibit C AN EXAMPLE OF FARE REVENUE CALCULATIONS USING EXHIBIT A DATA Note: The calucation uses the Operations Report which is the total of ten months of FY 1989-90 and two months of FY 1988-89 ridership data. Unaudited Calculations for Cal Poly Fare Revenue per Cal Poly Passengers Cal Poly Fare Revenue = $98,325.00 Cal Poly Passengers = 307,267 Cal Poly Fare Revenue per Cal Poly Passenger - $_98.325.00 = 32 cents 307,267 Calculations for SLO Transit Fare Revenue Less Cal Poly Fare Revenue per SLO Transit. Passenger Less Cal Poly_Passengers SLO Transit Fare Revenue less Cal Poly Fare Revenue = $80,300.00 SLO Transit Passengers less Cal Poly Passengers = 223.049 SLO Transit Fare Revenue less Cal Poly Fare Revenue per SLO Transit Passenger less Cal Poly Passengers = $80:300.00 = 36 cents 223,049 HW\poly EXHIBIT "B" ���II�NIII�IIIIIII�IIII����� �@INII{III c� city of sAn tuis OBISPO 990 Palm Street/Post Office Box 8100 • San Luis Obispo,.CA 93403.8100 June 7, 1990 ' '' "'"'``�%3: r• Mr. James R. Landreth Vice President for Business Affairs : id 1990 California Polytechnic State University San Luis Obispo; CA 93407 Buri;:_, Dear Mr. Landreth: Per the Cal Poly/City No Fare Program Agreement for SLD Transit (SA#89/127) , calculations are shown below that indicate the FY 1990-91 Cal Poly fee. As usual, the City will bill Cal Poly for this fee--due in semiannual payments on or before September 14 and February 14. FY 1990-91 Cal olV Fee Calculation 307, 267 Cal Poly Passengers (5/1/89 - 4/30/90.) is 32 cents/passenger $98, 325.00 Cal Poly ridership increased by approximately 7% during FY 1989- 90 when compared with FY 1988-89. This is on top of a 16% increase the year before. Should you have any questions, please contact me (54.9-7121) . 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 Attachments: A. Transit Agreement B. Operations Report C. Fare Calculation c: Bill Statler, Finance Director Jeff Jorgensen, City Attorney HW\landreth