SR 03-21-2023 5B
City Council
Report
City Council Meeting: March 21, 2023
Agenda Item: 5.B
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To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Community
Engagement & Customer Experience
Subject: Approval of First Modification to Contract #11059, Any Line Any Time Pass
Program for Santa Monica College
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) of the California Environmental Quality
Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a first modification to
Contract #11059, the “Any Line, Any Time” unlimited ride transit program
agreement with Santa Monica College (SMC), to extend the term of the
agreement by one year through June 30, 2024, and to receive compensation in
the amount of $1,129,000 from SMC for the remaining two contract years ending
June 30, 2024.
Summary
The City of Santa Monica’s Department of Transportation (DoT) and Santa Monica
College (SMC) have partnered since 2008 to provide unlimited bus access to any
student, staff or faculty member utilizing the Any Line, Any Time unlimited ride program.
Under the agreement between the parties, DoT charges SMC a fixed annual amount for
all SMC customers with a valid, activated SMC identification card bearing a current
semester sticker to ride Big Blue Bus (BBB). Staff recommends executing a first
modification to Agreement #11059, which will reduce the FY22-23 compensation
amount from $1,258,000 to $500,000 due to the impacts of the pandemic on ridership,
and add an additional year through June 30, 2024, for which SMC will compensate DoT
$629,000 in FY 2023-24.
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Discussion
In 2007, before the Any Line Any Time program, SMC was the primary single-
occupancy vehicle trip generator in Santa Monica with most of its 34,300 students and
1,700 staff commuting by automobile. Insufficient parking capacity at the campus led to
the need for perimeter parking at the City’s beach lots and caused significant
community safety and traffic concern. As a result, SMC and the City asked for DoT’s
assistance in developing a comprehensive transportation solution. Since that time, DoT
and SMC have worked together to refine the BBB service delivered to SMC and to
closely coordinate the integration between the SMC shuttle, Big Blue Bus service, and
LA Metro rail service, all geared toward getting people out of cars and onto public
transit.
The Any Line, Any Time agreement was most recently renewed in 2020 for a two-year
term ending June 30, 2022. Based upon on-campus student enrollment and BBB
ridership the parties agreed that SMC pay a fixed amount of $1,258,000 for FY2021-22.
The option to extend the agreement FY2022-23 was not initially exercised because of
the pandemic’s impact on the number of in-person classes offered by SMC and the
resulting low utilization of BBB service by SMC students. In addition, SMC decided to
participate in the new GoPass pilot program launched by LA Metro for K-12 and two-
year college programs.
Recently, DoT and SMC engaged in discussions on the importance of continuing the
Any Line, Any Time program and concluded that the program should continue. Due to
the permanent elimination of many onsite classes resulting in a reduced number of
students, staff, and faculty physically attending SMC campuses, and with BBB staff
evaluating ridership trends for the first six months of the fiscal year, the parties have
agreed to a new financial structure that will benefit both organizations.
The agreement acknowledges the gradual return in SMC ridership and therefore the
compensation amount for FY2022-23 and FY2023-24 is less than the terms of the
original agreement. DoT will use one-time federal funds to offset the short fall in
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revenue. The federal relief funds were allocated to Transit Agencies to address the
adverse impact of the pandemic on transit operations and ridership. SMC will
compensate DoT $500,000 for FY22/23 and $629,000 in FY23/24.
Staff recommends entering into a first modification to the SMC Any Line Any Time
contract for a two-year term to provide for sustained financial planning for both SMC
and DoT, as well as acknowledging the success of the program in providing a reliable
mobility option to SMC students, staff, and faculty.
Past Council Actions
Meeting Date Description
7/14/2020
(attachment A)
Approval of Big Blue Bus Renewal of Any Line, Any Time
Program for Santa Monica College
Environmental Review
The agreement for the transit program would have no possibility of significant effect on
the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common
Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority for the first modification to the agreement for the “Any Line, Any
Time” unlimited ride transit program between DoT and SMC for a two-year term ending
June 30, 2024 in which SMC will reimburse the City for transit services in the amount of
$500,000 for FY2022-23 and $629,000 in FY2023-24. FY2022-23 projected revenues
are included in the FY2022-23 Adopted Budget and will be included in the FY2023-24
Proposed Budget.
Contract Modification Request
Agree-
ment #
Current
Authorized
Amount of
Contract
FY 2022-23
Budget Current
Authorized Amount
FY 2022-23
Budget Modified
Request Amount
Dept/CIP
Account #
Total
Revised
Contract
Amount
11059 $3,016,000
(revenue)
$1,258,000
(revenue)
$500,000
(revenue) 60600002.409830 $2,887,000
(revenue)
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Prepared By: David Feinberg, Transit Government Relations Officer
Approved
Forwarded to Council
Attachments:
A. Approval of Big Blue Bus Renewal of Any Line, Any Time Program for Santa
Monica College (Web Link)
B. SMC_Agreement 2020_CCS11059_signed
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CONTRACT No. 11059 (CCS)
PAYMENT AGREEMENT
This Payment Agreement (“Agreement”) is entered into on this 1st day of July, 2020
by and between the City of Santa Monica (“City”), and SANTA MONICA
COMMUNITY COLLEGE DISTRICT (“SMC”), with reference to the following:
RECITALS:
A. SMC desires to reduce automobile traffic to its campus and to encourage its
students, staff and faculty to use mass transportation.
B. SMC and City have implemented a SMC Transit Pass Program whereby the
City’s Big Blue Bus accepts SMC identification cards with semester validation
stickers (an “SMC Card”) in lieu of cash payment. SMC and City entered into
a Payment Agreement in 2007 for the 2007/2008 academic year and
continued the program for each subsequent academic year throughout the
conclusion of the 2019/2020 academic year.
C. SMC and City seek to enter into this Payment Agreement to establish terms
and conditions of the SMC Transit Pass Program for the 2020/2021,
2021/2022 academic years, with an option to extend for one additional year
by mutual agreement.
NOW, THEREFORE, SMC and City agree as follows:
TERMS AND CONDITIONS
1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated into this Agreement.
2. Term. This Agreement begins on July 1, 2020 and terminates on June 30, 2023,
unless sooner terminated in accordance with Section 7 below.
3. Transportation Services. Any person who presents a valid SMC Card to the bus
operator or who validates his or her card in an electronic farebox may ride the
City’s Big Blue Bus without payment at the time of boarding (“Transportation
Services”).
4. Fare Collection Technology. During the first twelve months of this agreement,
the parties will work together to change the agreed upon fare product technology
from the SMC card with magnetic stripe to a contactless fare payment technology.
Currently utilized contactless technologies at BBB include TAP (Transit Access
Pass), the Los Angeles Metro sponsored regional fare technology, and mobile
ticketing through two smart phone apps, Token Transit, and Transit. This process
would include a possible transition to either of these two above referenced
technologies, or other contactless fare payment technologies. All other terms and
DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB
5.B.b
Packet Pg. 44 Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program)
CONTRACT No. 11059 (CCS)
conditions of this Agreement will remain unchanged in the event of a change in
fare collection technology as contemplated under this Section 4.
5. Compensation. SMC agrees to pay the City for the Transportation Services in an
amount not to exceed $3,016,000 (“Total Payment”), as outlined in Exhibit A of
the Payment Agreement, payable within 30 days at the end of each quarter during
the Term of this Agreement.
6. Notices. All payments, notices, demands, requests or approvals to be given under
this Agreement must be in writing and will be deemed served when delivered
personally or on the third business day after deposit thereof in the United States
mail, postage prepaid, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
City of Santa Monica
Big Blue Bus
1660 7th Street
Santa Monica, California 90401
Attention: Ed King, Director of Transit Services
6.2 All notices, demands, requests or approvals to SMC:
Santa Monica Community College District
1900 Pico Boulevard
Santa Monica, CA 90405
Attention: Dr. Kathryn E. Jeffery,
Superintendent/President
7. Termination.
7.1 Termination for Cause. In the event either party fails to perform any of
the provisions of this Agreement, that party shall be deemed to be in
default of this Agreement. SMC’s failure to pay amounts due to the City
shall be deemed to be a material default of this Agreement. The non-
defaulting party shall give the defaulting party written notice of default
and the steps necessary to cure the default. For a material default, the
defaulting party is obligated to cure the default within five (5) calendar
days upon receipt of written notice of default. For a non-material default,
the defaulting party is required to cure the default within ten (10) calendar
days upon receipt of written notice of default; however, if the nature of
the non-material default required more than ten (10) calendar days to
cure, the defaulting party shall have thirty (30) days to diligently pursue
and complete a cure. If the defaulting party fails to cure a default of this
Agreement as set forth above, the non-defaulting party is entitled to
terminate this Agreement. Upon termination of this Agreement pursuant
DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB
5.B.b
Packet Pg. 45 Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program)
CONTRACT No. 11059 (CCS)
to this Section 7.1, SMC shall pay City all unpaid compensation for
services due up to and including the date of termination.
7.2 Termination for Convenience. Either party may terminate this
Agreement without cause by giving 30 days written notice to the other
party. Upon termination of this Agreement pursuant to this Section 7.2,
SMC shall pay City all unpaid compensation for services due up to and
including the date of termination.
8. Independent Parties. Both parties to this Agreement will be acting in an
independent capacity and not as agents, employees, partners, or joint ventures of
one another. Neither the City nor SMC, or its officers or employees has any
control over the conduct of the other.
9. Integrated Agreement. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties. Any
preliminary negotiations and agreements of any kind or nature are merged into
this Agreement. No oral agreement or implied covenant may be held to vary the
provisions of this Agreement. This Agreement may be modified only by written
agreement signed by City and SMC and approved as to form by the City Attorney.
10. Cost of Litigation. If any legal action is necessary to enforce any provision of this
Agreement or for damages by reason of any alleged breach of any provision of this
Agreement, the prevailing party is entitled to receive from the losing party all
reasonable costs, disbursements, and expenses, and such amounts as the court may
adjudge to be reasonable attorney’s fees.
11. Prohibition Against Transfers. SMC may not assign, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise, without the prior written consent of City. Any attempt to do so
without the City’s consent will be null and void, and any assignee, hypothecate, or
transferee acquires no right or interest by reason of such attempted assignment,
hypothecation, or transfer.
12. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of
any subsequent breach of the same or any other term, covenant, or condition of
this Agreement.
13. Standard of Care. City agrees to provide the Transportation Services in a manner
consistent with the level of care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under similar conditions.
14. Governing Law. The laws of the State of California, without regard to any choice
of law provisions, will govern this Agreement.
15. Venue and Jurisdiction. The City and SMC agree that the Transportation
Services will take place in Los Angeles County. Any litigation arising out of this
Agreement may only be brought in either the United States District Court,
DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB
5.B.b
Packet Pg. 46 Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program)
CONTRACT No. 11059 (CCS)
Central District of California, or the Superior Court of California, County of Los
Angeles, West District, as appropriate. The parties agree that venue exists in either
court, and each party expressly waives any right to transfer to another venue. The
parties further agree that either court will have personal jurisdiction over the
parties to this Agreement.
16. Counterparts. The City and SMC may execute this Agreement in one or more
counterparts, each of which is an original, but all of which together constitute one
and the same instrument.
17. Service Levels. The City agrees to resume service on route 44 (SMC Campus
Connector) during January 2021, and on route 42 (SMC/17th St
Station/Montana) in June 2021. The City also agrees to increase service on route
16 (Wilshire Blvd/Bundy Dr) from every 60 minutes to every 30 minutes on or
before June 2021. The City also agrees to restore Rapid 7 service (Pico Blvd) on or
before June 2021. These service levels will each be maintained for one year, and
then reviewed for compliance with Big Blue Bus’ City Council approved service
standards. Although substandard ridership is not expected, should ridership fall
below that allowed under the service standards, the routes will be reviewed for
reduction in service or elimination.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
GEORGE S. CARDONA
Interim City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
LANE DILG
Interim City Manager
SANTA MONICA COMMUNITY
COLLEGE DISTRICT
By: ________________________________
CHRISTOPHER BONVENUTO
Vice President
DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB
5.B.b
Packet Pg. 47 Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program)
CONTRACT No. 11059 (CCS)
Exhibit A
Budget
Santa Monica College will issue the following payments over the next two academic
years with one additional optional year. The payment schedule is as follows:
2020 – 2021 Academic Year
July 1, 2020 – September 30, 2020: $62,500
October 1, 2020 – December 31, 2020: $62,500
January 1, 2021 – March 31, 2021: $187,500
April 1, 2021 – June 30, 2021: $187,500
2021 - 2022 Academic Year
July 1, 2021 – September 30, 2021: $314,500
October 1, 2021 – December 31, 2021: $314,500
January 1, 2022 – March 31, 2022: $314,500
April 1, 2022 – June 30, 2022: $314,500
2022 - 2023 Academic Year
July 1, 2022 – September 30, 2022: $314,500
October 1, 2022 – December 31, 2022: $314,500
January 1, 2023 – March 31, 2023: $314,500
April 1, 2023 – June 30, 2023: $314,500
DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB
5.B.b
Packet Pg. 48 Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program)