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HomeMy WebLinkAbout2014-001 SLO RTA (& SLOCOG) Consolidated Fixed Route Transit Service y AGREEMENT FOR CONSOLIDATION OF ATASCADERO EL CAMINO SHUTTLE INTO THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY Y4 THIS AGREEMENT is entered into this /� day of-�A411Qy by and between the CITY OF ATASCADERO, (hereinafter referred to as "CITY"), the SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (hereinafter referred to as "SLOCOG"), and the SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY, (hereinafter referred to as"RTA"). WITNESSETH: WHEREAS, CITY is currently responsible for local fixed route transit, local dial-a-ride transit, and other local public transportation services within and immediately adjacent to the incorporated areas of the City not considered part of the regional RTA transportation system; and WHEREAS, CITY's local fixed route service, known as the Atascadero El Camino Shuttle, currently operates the entire length of El Camino Real within CITY limits,-as well as to/from the Twin Cities Hospital in Templeton; and WHEREAS, RTA Route 9 currently operates hourly fixed route service along the US-101 corridor between San Luis Obispo and Paso Robles, including on that portion of El Camino Real between the southern CITY limit and Traffic Way; and WHEREAS, RTA is responsible for providing regional fixed route public transit services, and is deemed trained, experienced, expert and competent to perform such services; and WHEREAS, SLOCOG is responsible for transportation planning and funding allocation within San Luis Obispo County; and WHEREAS, CITY desires consolidation of its local fixed route transit services into the regional RTA fixed route program to provide a cost-savings to CITY, to eliminate redundancies, and to take advantage of efficiencies that will result; and WHEREAS, RTA is presently providing similar coordination and consolidation services under contract to South County Transit and to the County of San Luis Obispo; and WHEREAS, said contract has been beneficial to South County Transit, the County of San Luis Obispo,and RTA; and WHEREAS, CITY desires RTA to operate fixed route service along the entire El Camino Real corridor within CITY limits. NOW THEREFORE,the parties do mutually agree as follows: 1. Transfer of All Future Fixed Route Obli atg ions. CITY hereby transfers all obligations to provide local fixed route public transit services to RTA. RTA will operate all local fixed route public transit services in CITY based on recommendations in the May 2012 North County Transit Plan. 2. Scope of Services. Pursuant to this Agreement, RTA shall provide to CITY the services identified in Attachment "A" attached hereto as if entirely set forth herein. 3. Transfer of vehicles. CITY shall transfer to RTA all fixed route vehicles previously used for El Camino Shuttle services, as well as any related vehicle-specific equipment, by the effective date of this Agreement. 4. Future Capital Programming. The future funding plan developed by SLOCOG as a follow-up to the May 2012 North County Transit Plan indicates that CITY's anticipated share of eligible federal revenues will be reduced by over $65,000 annually as a result of consolidating its fixed route services into RTA. The parties to this Agreement acknowledge CITY's contribution towards the federal "cost-savings" in the region. The parties agree to assign a high priority to meeting CITY's future transit capital needs. 5. Reduced Dial-A-Ride Farebox Recovery Ratio Requirement. As part of this consolidation effort, SLOCOG has designated a reduced 15% farebox recovery ratio requirement for the Atascadero Dial-A-Ride service. 6. Term of Agreement. This Agreement shall commence effective June 1, 2014 and shall continue, until and unless terminated earlier as provided herein. RTA will furnish sufficient personnel to complete all phases of the tasks. 7. Termination of Agreement for Convenience of Either Party. Either party may terminate this Agreement at any time by giving to the other party One Hundred Eighty (180) days written notice of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of the transaction occurring prior to the effective date of such termination. 8. Termination of Agreement for Cause. If, through any cause within its control, either party fails to fulfill in a timely and professional manner its obligations under this Agreement, or if either party violates any of the terms or provisions of this Agreement, either party shall have the right to terminate this Agreement effective immediately upon giving written notice thereof to the party. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. 9. Modification. This Agreement, together with Attachment "A," (Scope of Work) constitutes the entire understanding of the parties hereto and no changes, amendments, or alterations shall be effective unless in writing and signed by both parties. 10. Non-Assignment of Agreement. Inasmuch as this Agreement is intended to transfer all local fixed route public transit service obligations to RTA, RTA shall not assign, transfer, delegate, or sublet this Agreement or any interest herein without the prior written consent of the CITY Manager, and any such assignment, transfer, delegation, or sublet without CITY's prior written consent shall be considered null and void. 11. Covenant. The validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. 12. Enforceability. The invalidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 13. Employment Status. RTA shall, during the entire term of the Agreement, be construed to be an independent agency, and shall in no event be construed to be an employee of CITY. RTA understands and agrees that its employees are not, and will not, be eligible for membership in or any benefits from any CITY group plan for hospital, surgical or medical insurance, or for membership in any CITY retirement program, or for paid vacation, paid sick leave, or other leave, with or without pay, or for any other benefit which accrues to a CITY employee. 14. Warranty of RTA. RTA warrants that it is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 15. Conflicts of Interest. No officer, employee, director or agent of CITY shall participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested; nor shall any such person have any interest, direct or indirect, in this Agreement or the provisions thereof. 16. Indemnification. RTA shall defend, indemnify and hold harmless CITY, its officers and employees from all claims, demands, damages, costs, expenses,judgments, attorney fees, or other losses that may be asserted by any person or entity, including RTA, and that arise out of, or are related to any act or omission of RTA relating to this Agreement. The obligation to indemnify shall be effective and shall extend to all such claims or losses in their entirety. However, this indemnity will not extend to any claims or losses arising out of the sole negligence or willful misconduct of the CITY, its officers and employees. 17. Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing, and shall be sent by certified or registered mail to: CITY: City of Atascadero Department of Public Works 6500 Palma Avenue Atascadero,CA 93422 RTA: SLO Regional Transit Authority 179 Cross St, Suite A San Luis Obispo,CA 93401 SLOCOG: SLO Council of Governments 1114 Marsh Street San Luis Obispo, CA 93401 18. Copyright. Any reports, maps, documents or other materials produced in whole or part under this Agreement shall be the property of CITY, and shall not be subject to any application for copyright by or on behalf of the RTA. 19. Findings Confidential. No reports, maps, information, documents, or any other materials given to or prepared by RTA under this Agreement which CITY requests, in writing, to be kept confidential, shall be made available to any individual or organizations by RTA without the prior written approval of CITY Public Works Director. However, RTA shall be free to disclose such data as is publicly available, already in its possession, or independently developed. IN WITNESS WHEREOF, this AGREEMENT has been executed by the parties hereto, upon the date first above written. CITY RTA and SLOCOG ATTEST: ATTEST: ff�l City Clerk of The City of Atascadero Executive Dire RTA [SEAL] �w 6X Execu ive Director SLOCOG APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL EFFECT: LEG EFFECT: BRIAN PIERIK RITA City of Atascadero Co nse/�l C By: � -t tBy: Brian Pierikl;� / Assista Co n y ns 1 Date: �, Date: .3' 14' �t H CITY RTA and SLOCOG GSL gCityanager PresidentyoAtascadero RTA& SLOCOG Boards of Directors Date: Date: Ij 9 la o/y ATTACHMENT"A" SCOPE OF WORK The intent of the agreement is for RTA to operate regional Route 9 fixed route services along the corridor formerly served by the Atascadero El Camino Shuttle. In essence,the northern portion of El Camino Real (north of Traffic Way) —which was previously served by the El Camino Shuttle—will instead be served by RTA Route 9. The following list of services is not meant to be all inclusive: RTA-PROVIDED TRANSIT VEHICLE, MANAGEMENT, ADMINISTRATIVE, FINANCIAL SERVICES 1. Determine fixed route operational and capital needs along the El Camino Real corridor, and provide recommendations to CITY Public Works Director on potential changes. RTA recommended changes would require express authorization from CITY Public Works Director prior to implementation, and would include: a. Bus stop additions, eliminations, revisions and/or improvements. b. Major service level changes, including addition or elimination of service to areas within CITY; major service level changes might also require authorization from the RTA Board of Directors. RTA would implement operational and capital projects using TDA funds apportioned to RTA through the annual budget-making process for regional fixed route services. 2. Repair fixed route bus stop signs and passenger amenities used by RTA regional fixed route services within CITY corporate boundaries. 3. Plan and implement a marketing campaign to inform the Atascadero community about the fixed route service consolidation that would occur in May 2014. Once consolidation is fully implemented, RTA shall continue marketing efforts along the entire Route 9 corridor. 4. Attend meetings with CITY as needed. The CITY is agreeing to provide to RTA the following services for the CITY's actual cost of providing these services plus administrative overhead.The following list is not meant to be all inclusive: CITY-PROVIDED ASSETS AND SERVICES 1. Provide use of the existing passenger transfer area. 2. Provide annual no-cost encroachment permit to RTA and its contractors for the express purpose of maintaining fixed route bus stop locations. 3. Continue to provide general public Atascadero Dial-A-Ride services using CITY and contracted staffing resources. 4. Work with SLOCOG, RTA and private entities to secure a Park-and-Ride lot within close proximity to the Atascadero Transit Center 5. Coordinate and cooperate with RTA in public outreach activities (web-based and others) to promote awareness and understanding of the new Route 9 coverage, and an updated "Trip Planner" (i.e., Google Transit)."