Item 17.2 - Public Transportation Svs for FY 94-95 through FY 96-97 REVISED
AGENDA REPORT SUMMARY ~
REVISED
.- TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ ^
INITIATED BY: John D. Fitch, Assistant City Managerq) t
Robert L. Thomas, Director of Community se~
Patrick R. Foley, Senior Management Analyst
DATE: May 17, 1994
SUBJECT: An Agreement Between the County of San Diego and the City of Poway for Public
Transportation Services for FY 1994-95 through FY 1996-97
ABSTRACT
The City of Poway has contracted with the County of San Diego to provide public
transportation services requested by the City. The current agreement will expire June
30, 1994. Staff is recommending that the City Council approve the attached agreement
with the County for transportation services beginning in FY 1994-95 through FY 1996-97.
ENVIRONMENTAL REVIEW
,. The agreement between the City and County is not considered a project under CEQA and
therefore is not subject to CEQA review.
FISCAL IMPACT
If the agreement is approved by the City Council, the costs for transit services and
contract administration would be funded through the City's annual allocation of
Transportation Development Funds (TDA). The City's TDA funds are administered by
SANDAG and MTDB, therefore, the transit service costs will not impact the City's
budget.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Additional notification sent to Larry Watt, Ken Karnes, Andy Trijullo, Greg Scott, and
Stephan Vance.
RECOMMENDATION
It is recommended that the City Council approve the attached agreement between the
County of San Diego and the City of Poway for Public Transportation Services for FY
1994-95 through FY 1996-97 and authorize the Mayor to execute the agreement on behalf
of the City of Poway.
,.. ACTION
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AGENDA REPOR'!'
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
REVISED
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ ~'
INITIATED BY: John D. Fitch, Assistant City ManagerC}~
Robert L. Thomas, Director of Communit ser~
Patrick R. Foley, Senior Management Analyst
DATE: May 17, 1994
SUBJECT: An Agreement Between the County of San Diego and the City of
Poway for Public Transportation Services for FY 1994-95 through
FY 1996-97
BACKGROUND
The City of Poway has contracted with the County of San Diego to provide
public transportation services requested by the City. The agreement permits
the County, with annual approval from the City Council, to claim each fiscal
year an appropriation from Poway's Local Transportation Development Act (TDA)
Funds for transit services. The existing contract expires June 30, 1994.
Based on further review and discussion of the agreement between the County and
the City, additional minor word changes were recommended by both the County
and City. Attached is the revised agreement prepared by the County staff.
FINDINGS
The proposed agreement between the County of San Diego and the City of Poway
for public transportation services is for FY 1994-95 through FY 1996-97. The
agreement covers a three year base period in which the county will administer
and manage the City's fixed route, dial-a-ride, express bus, and airport
transit services. County administration services include route planning
financial management, contract administration, and oversight of transit
contractors, printing transit maps, schedules, flyers and passes, and other
transit service promotions. These services are totally funded by the City's
annual TDA allocation from the Metropolitan Transit Development Board (MTDB).
ACTION: l
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The costs for operating and administering the various transit services cannot
exceed the City's total annual allocation of Article 4.0 funds. These funds
can only be expended on transit services.
The proposed agreement allows the County to file the City's annual TDA claim
for transit services after Council review and approval of the cost and level
of service for each fiscal year.
ENVIRONMENTAL REVIEW
The agreement between the City and County is not considered a project under
CEQA and therefore is not subject to CEQA review.
FISCAL IMPACT
If the agreement is approved by the City Council, the costs for transit
services and contract administration would be funded through the City's annual
allocation of Transportation Development Funds (TDA). The City's TDA funds
are administered by SANDAG and MTDB, therefore, the transit service costs will
not impact the City's budget.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Additional notification sent to Larry Watt, Ken Karnes, Andy Trijullo, Greg
Scott, and Stephan Vance.
RECOMMENDATION
It is recommended that the City Council approve the attached agreement between
the County of San Diego and the City of Poway for Public Transportation
Services for FY 1994-95 through FY 1996-97 and authorize the Mayor to execute
the agreement on behalf of the City of Poway.
JLB:JDF:RLT:PRF:sf
Attachment:
Agreement for Public Transportation Services
(C:\OATA\AGENOA\TRANSPRT.AGR)
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AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO AND THE CITY
OF POWAY FOR PUBLIC TRANSPORTATION
SERVICES FOR FY 1994-95 THROUGH FY 1996-97
This Agreement between the County of San Diego and the City of
Poway for Public Transportation Services for FY 1994-95 through FY
1996-97, is entered into this day of ,
1994 by and between the County of San Diego, (hereinafter referred
to as the County Transit System, "CTS" ) and the City of Poway,
(hereinafter referred to as "CITY") . --
RECITALS
WHEREAS, CITY is desirous of providing public transit service
to areas within the jurisdiction of the CITY; and
WHEREAS, CTS has the knowledge and expertise to provide the
service desired by the CITY; and
WHEREAS, CITY recognizes the value of the service to be
provided by CTS to its citizens and is willing to contract with CTS
to provide transportation service within the incorporated area of
the CITY; and
WHEREAS, CITY desires CTS to provide public transportation
services beginning July 1, 1994; and
WHEREAS, Public Utilities Code, Section 99288, authorizes CITY
and CTS to enter into a contract for CTS to provide such public
transportation service for the benefit of the CITY and permitting
CTS, when such contract is entered into, to claim for local
transportation purposes, from the Local Transportation Fund, the
apportionment of the City's funds approved by the poway City
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.-- Council annually prior to April 1 of each year, in the manner
provided in Article 4 (commencing at Section 99260) of the Mills-
Alquist-Deddeh Act (Ch. 4, pt. 11, Div. 10 of the Public utilities
Code) ;
NOW THEREFORE CITY and CTS mutually agree as follows:
ARTICLE 1. PUBLIC TRANSPORTATION SYSTEM
1.1 General Public TransDortation Services to be Provided
CTS shall provide general public transportation services for
the benefit of residents of and visitors to CITY, upon those '.
routes, during those times, and at the level of service approved by
the City Council in Exhibit A. The City Council in consultation-
with CTS may modify the routes, times, and level of service for the
general public transportation system at any time during the term of
the Agreement.
1.2 paratransit Service
CTS, as the regionally recognized paratransit service provider
in Mid-County and claimant of Transportation Development Act (TDA) ,
Article 4.5 funds shall provide Americans with Diabilities Act
(ADA) complementary paratransit transportation and Senior/Disabled
Dial-A-Ride service in the Mid-County area. The mid-County area
includes the City of Poway and City of San Diego communities of
Rancho Bernardo, Rancho Penasquitos, Sabre Springs and Carmel
Mountain Ranch.
1.3 Passenqer Counts
CTS shall report at least once annually, counts of passengers
boarding and departing the services provided under this Agreement.
The number of counts and specific methods of counting shall be
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determined by CTS in conjunction with other local and regional
passenger counting programs. A report summarizing the results of
the count will be submitted to the CITY. Additionally, CTS shall
submit monthly ridership and revenue service figures, by service,
to CITY.
ARTICLE 2. TERM OF AGREEMENT
2.1 Base Term
The term of this Agreement is from July 1, 1994 through June
30, 1997, unless terminated earlier as provided herein. ..
2.2 Option Term
2.2.1 In consideration of CITY entering into this Agreement;
CTS grants to CITY an option to extend the service provided by CTS
under this Agreement for two, one-year periods beginning July 1,
1997. To exercise this option, CITY shall:
2.2.1.1 Give CTS written notification on or before ninety
(90 ) calendar days prior to the expiration of this Agreement; and
2.2.1.2 CITY and CTS must reach agreement on the cost for
the option period at least sixty (60) calendar days prior to the
expiration of this Agreement.
2.2.2 If CITY and CTS reach agreement to extend the Agreement
for the one-year option term, the revised Agreement shall also
contain an option term for one additional one-year period. Thus,
a maximum total of five (5) years of service may be provided under
this Agreement.
2.2.3 If CITY fails to comply with either or both
requirements to exercise this option, CITY may still request the
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additional two (2) years of service, but CTS shall not be required
to provide the additional years of service. However, CTS may do so
at its sole discretion.
2.2.4 Costs for the option term are subject to agreement.
CTS agrees, on written request by CITY, to submit proposed costs,
including cost breakdown, for the option period. CITY may request
the proposed costs at any time beginning one hundred and twenty
(120 ) days prior to expiration of the Agreement.
2.2.5 All work performed and services provided during the '.
option shall comply with all of the requirements of this Agreement
including any amendments.
2.2.6 CITY is under no obligation whatsoever to exercise
this option, and no representations have been made by CITY
committing it to exercise this option. If CITY does not exercise
this Option, CITY may procure services beginning July 1, 1997 from
another source.
2.3 Carry-Over Term
In consideration of CITY entering into this Agreement, CTS
also grants to CITY an option to extend the services provided by
CTS under this Agreement for a maximum of three consecutive one-
month periods beginning July 1, 1997. To exercise this option, the
City Manager must give CTS written notification at least 60-
calendar days before the option month begins.
Compensation for the carry-over periods shall be the most
current service rates in effect during the carry-over term. All
work performed and services provided during the carry-over periods
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shall comply with all of the requirements of this Agreement,
including any amendments.
ARTICLE 3. COMPENSATION FOR SERVICES
3.1 CITY agrees that CTS may file an annual claim with the
Local Transportation Planning Agency (under the provisions of the
Mills-Alquist-Deddeh Act, starting with Section 99260) for
transportation Development Act (TDA) funds available to the CITY.
For FY 1994/95 CITY and CTS agree that this amount shall not exceed
$755,337 . In each subsequent year of the agreement, prior to
April 1, CITY and CTS shall revise the claim amount based on the
level of service approved by the City Council.
3.1.1. For FY 1994-95 additional claims in the amount of
$l9IT,364 shall be filed on behalf of CITY. These funds shall be
used for CITY administrative expenses ($8,000) , construction of a
bus turn-out/transit shelter on the east side of Midland Road
($86,000) ; and Capital Reserve Accounts for accessible bus stop
improvements ($lO,OOO), radio communication equipment improvements
($8,000) and construction of the future poway Transit Center
($86,364) . Funds claimed under this Section 3.1.1. shall not be
expended without the prior authorization of the City Council.
3.2 CTS shall be compensated for service provided under this
Agreement. If CTS performs only a portion of the services
described in Exhibit A of the Agreement, CTS shall be paid an
amount equal to the unit of service actually provided, multiplied
by the revenue rates set forth in Section 3.3 below.
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3.3 It is estimated that in FY 1995, CTS shall be compensated
for transit services as approved by the poway City Council and
described in the Transportation Development Act Claim and in
Exhibit B.
3.3.1 Both parties agree that the rates for services for FY
1995 are estimates, and that the actual cost of services under this
Agreement shall be determined by the San Diego Association of
Governments (SANDAG) annual financial audit. If CITY and CTS agree
to change the level or type of service provided for in this ..
Agreement, or there is a change in the level or service provided by
civil . -
CTS due to strike, disaster or other public calamity, CTg
shall provide a revised estimated cost rate for the specific
additional or reduced service provided.
3.3.2 The CITY'S compensation to CTS shall be reduced by the
amount of passenger revenue collected. The amount of the reduction
shall equal the amount of money collected in fares on transit
vehicles, monthly pass revenues received plus other miscellaneous
income (e.g ., single ride ticket sales).
3.3.3 CTS shall revise and update Exhibits A and B annually.
The level of public transit services and the rate(s) for service
and transit administration shall be provided by CTS to CITY and
approved by the City Council and CTS at least ninety (90) calendar
days prior to the beginning of any fiscal year covered by this
Agreement.
3.4 Periodic Payments
CTS shall be compensated by periodic payments in advance from
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SANDAG.
3.4.1 If the amount allocated to CTS by SANDAG is
insufficient to meet the cost of services described in Exhibit A.,
CTS shall immediately notify CITY. In that event, CITY agrees that
this Agreement shall be amended to reduce the services provided or
to pay CTS from other sources the amount necessary to meet the cost
of services described in Exhibits A and B.
ARTICLE 4. INSURANCE
4.1 CTS, through its Agreements with its contractors, shall ".
procure the following insurance, which may contain self insurance
retentions:
4.1.1 Common Carrier Liabi li ty Coverage in the amounts
specified below naming the CITY and its employees and officers as
additional insureds. This coverage shall include Comprehensive
General Liability Insurance including contractual liability, and
personal injury liability.
Airport Service $2,000,000 per occurrence
Fixed Route Service $10,000,000 per occurrence
Express Bus Service $5,000,000 per occurrence
ADA paratransit Service $5,000,000 per occurrence
4.1.2 Automobile Liability coverage in the amounts
specified below naming the CITY and its employees and officers as
additional insureds:
Airport Service $2,000,000 per occurrence
Fixed Route Service $10,000,000 per occurrence
Express Bus Service $5,000,000 per occurrence
ADA paratransit Service $5,000,000 per occurrence
4.2 Before July 1, 1994, CTS shall give to CITY a complete
copy of each Certificate of Insurance if requested. CTS shall give
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CITY 3D-days written notice of cancellation or material change as
required by the insurance company in the insurance coverage
required by this Agreement.
4.3 Occurrence means any event or related exposure to
conditions which result in bodily injury or property damage.
4.4 Neither CTS nor its contractors shall cancel or
materially change any of the required insurance coverages.
ARTICLE 5. AUDIT
5.1 At any time during normal business hours and as often as ..
CITY may deem necessary, CTS shall make available to CITY for
examination all of its records with respect to all matters covered
by this Agreement, shall permit CITY to audit, examine and make
excerpts of transcripts of such records, and shall permit CITY to
perform audit procedures as deemed necessary with respect to all
invoices, payrolls, equipment, materials, and other data relating
to matters covered by this Agreement.
ARTICLE 6. INDEMNITY
6.1 Except as may be provided otherwise in the Agreement, CTS
shall investigate, indemnify, defend and hold harmless the CITY,
its officers, agents and employees from any and all claims,
demands, loss or liability of any kind or nature whether real or
alleged which CITY, its agents and employees may sustain or incur,
or which may be imposed upon any of them for any acts or omissions
by CTS, its officers, agents or employees hereunder.
ARTICLE 7. WHEN RIGHTS AND REMEDIES NOT WAIVED
7.1 In no event shall any payment by the Local Transportation
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Planning Agency as provided herein constitute or be construed to be
a waiver by CITY of any breach of conditions or any default which
may then exist. The existence of any such breach or default shall
in no way impair or prejudice any right or remedy available to CITY
with respect to such breach or default.
ARTICLE 8. INTEGRATED DOCUMENT
8.1 This document including Exhibits A and B embodies the
entire Agreement between CITY and CTS for the transportation
service described herein and the terms and conditions. No verbal '.
agreements or conversation with any officer, agent or employee of
CITY prior to the execution of this Agreement shall affect or
modify any of the terms or obligations contained in any documents
comprising this Agreement. No such verbal agreement shall bind
CITY.
8.2 This Agreement may be changed only by a written amendment
signed by both parties.
ARTICLE 9. SEVERABILITY OF PROVISIONS
9.1 If any provisions of this Agreement are held to be
invalid, the remainder of this Agreement shall not be affected,
provided the remainder conforms to the terms and requirements of
applicable law.
ARTICLE 10. TERMINATION
10.1 CITY may terminate this Agreement by giving written
notice to CTS of such termination and specifying the effective date
thereof. at least (90 ) days before the effective date of such
termination. CTS may terminate this Agreement by giving written
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notice to CITY of such termination and specifying the effective
date thereof, at least ninety (90 ) days before the effective date
of such termination.
10.2 Upon receipt of written notice from the CITY to
terminate the Agreement, CTS will irrunediately notify Mayflower
Contract Services and Sureride Airport Shuttle of the effective
contract termination dates with the CTS. CITY shall assume any and
all CTS financial and legal liability from the effective date of
CTS contract terminations with Mayflower and Sureride as specified '.
in ARTICLE II. GENERAL PROVISIONS; SECTION C. TERMINATION FOR
provisions specified ---
CONVENIENCE OF THE COUNTY and any other in
County Contract No. 42709 with Mayflower Contract Services and
County Contract No. 42530 with Sureride Airport Shuttle.
Prior to the effective termination date with CTS, the CITY may
enter into a contract with Mayflower Contract Services for fixed
route transit services in Poway and the City of San Diego and enter
into a contract with Sureride Airport Shuttle for airporter
services in Poway. CITY and CTS may enter into a new Agreement
for corrunuter express bus services.
10.3 Within thirty (30) days from the effective date of the
termination of the Agreement with CTS by CITY, CTS shall be
compensated for the administration and management services
completed prior to the effective date of termination. Compensation
shall be based on actual expenditures made prior to the effective
termination date based on the annual costs contained in Exhibit B
under the heading Administration and Management.
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ARTICLE 11. INDEPENDENT CONTRACTOR
11.1 For purposes of this Agreement, CTS is an independent
contractor, and no employee of CTS is, for purposes of this
Agreement, an employee of CITY.
ARTICLE 12. BUS STOPS
12.1 Bus stops shall be established with approval of CITY.
Bus stops shall be located at safe and convenient places for
persons desiring to embark or disembark. '.
12.2 In response to the Federal Americans with Disabilities
Act (ADA) requirements, CTS agrees to work with CITY to improve bus
stop accessibility in CITY'S jurisdiction to ADA standards. All
bus stop improvements to include landing pads shall be placed for
acceptance, ownership and maintenance by CITY.
ARTICLE 13. REPRESENTATIVES OF CITY
13.1 The City Manager or the City Manager's designated
representative shall represent CITY in all matters pertaining to
this Agreement and shall administer this Agreement on behalf of the
CITY.
ARTICLE 14. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
14.1 In performing under this Agreement, CTS and CITY shall
not discriminate against any employee or applicant for employment
because of race, creed, color, sex, sexual orientation or national
origin. This performance shall include, but not be limited to the
following: employment, upgrading, demotion, transfer, recruitment
advertising, layoff or termination, rates of payor other forms of
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compensation, and selection for training, including apprenticeship.
14.2 CTS shall comply with the requirements of the County's
Affirmative Action Program for Vendors as set forth in Article IIIk
of the Administrative Code of the County of San Diego, unless
specifically exempted in accordance with the Article's rules and
regulations.
ARTICLE 15. NOTICE
15.1 All notices and communications with respect to this
Agreement shall be effective upon mailing thereof by registered or '-
certified mail (return receipt requested) and addressed as follows:
.-.
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CITY CTS
City of Poway County Transit System
l3325 Civic Center Drive 5555 Overland Avenue, MS 0386
Poway, CA 92064 San Diego, CA 92123
ATTN: Mr. Robert Thomas ATTN: Mr. Larry Watt
Community Services DPW Transit Services
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized representatives.
APPROVED AS TO FORM CITY OF POWAY
BY BY
City Attorney Mayor
Attest
City Clerk
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APPROVED AS TO FORM COUNTY OF SAN DIEGO
BY BY
County Counsel Clerk of the Board of Supervisors
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EXHIBIT A
City of poway
Description of Public Transportation Services
Weekday Saturday Sunday/Holidays
Fixed Route ..
Bus Service
844 5:l2 a.m.-8:40 p.m. 7:55 a.m.-5:00 p.m. 8: 05 a.m. -5 :)1 p.m.
845 5:35 a.m.-7:11 p.m. 7:38 a.m.-6:38 p.m. 8:l8 a.m.-6:l3 p.m.
AirDorter 24 Hours 24 Hours 24 Hours
E::ltDress Bus 6:05 a.m.-8:25 a.m. No Service No Service
.i. l.l. 4:08 p.m.-6:29 p.m.
ADA 7:00 a.m.-6:00 p.m. No Service No Service
Para trans it
Service
MAY 1 7 1994 ITEM 17. <
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