HomeMy WebLinkAboutAgenda Report - February 2, 2011 C-07AGENDA ITEM C001
&% CITY OF LODI
COUNCIL COMMUNICATION
TH
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Consignment Agreement
for San Joaquin Regional Transit District Ticket Sales at Lodi Transit Station
MEETING DATE: February 2,2011
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute consignment
agreement for San Joaquin Regional Transit District ticket sales at
Lodi Transit Station.
BACKGROUND INFORMATION: San Joaquin RegionalTransit District (SJRTD) has requestedthe
City execute a consignment agreement for the sale of SJRTD
tickets. The proposed consignment agreement details the
consignment sales procedure, advertising details, responsibility in
the event of loss, and termination procedures.
In addition to selling GrapeLine and Greyhound passes, the same MV Transportation staff currently sells
SJRTD passes at the Lodi Transit Station. According to MV staff, the transit operator has sold SJRTD
and SMART (prior regional transit agency) passes since the completion of the Lodi Transit Station in
2000. There is no record of a consignment agreement between SJRTD and the City for this service.
Annually, the City receives a commission of approximately five percent of gross SJRTD ticket sales over
$6,000, as stated in the attached agreement. Approximately 360 SJRTD passes are sold annually, and
the City receives less than $100 in ticket sale commission from SJRTD.
MV Transportation's contract with the City does not specify details for the SJRTD tickets sale procedure
and liability. Therefore, the City and MV Transportation, Inc., will execute a no -value Contract Amendment
detailing the ticket sale procedure and liability, underthe City Manager's authority.
SJRTD ticket sales commission does not significantly affect the City's transit revenues; however, this
ticket sale service, along with Greyhound and AMTRAK's automatic ticket machine in the main lobby,
provides a convenient method for Lodi community transit users to purchase tickets and to travel on
regional transit systems. If the City elects not to sell SJRTD passes, the closest location for Lodi citizens
to purchase passes would be at the fare vending machine located at Hammer Lane and PacificAvenue
in Stockton.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applica le.
F. Wally SLfridelin
Public Works Director
Prepared by Julia Tyack, Transportation Planner
FWS/JMT/pmf
Attachment
cc: MV Transportation Inc. General Manager Brenda Kuykendall
Transportation Manager/ Senior Traffic Engineer
APPROVED:
K;\WP\TRANSIT\CC RTD Ticket Sale Consignment Agreement. doc 1/20/2011
CONSIGNMENT AGREEMENT
THIS AGREEMENT is entered into at Stockton, California, as of the day of
11 2011, by and between LODI TRANSPORTATION STATION
(hereafter "CONSIGNEE"), and the SAN JOAQUIN RTD, (hereinafter "DISTRICT").
1. Effective on the date of this Agreement, and continuing thereafter until such time
as the Agreement is terminated under terms specified herein, CONSIGNEE shall,
at its own expense, sell the DISTRICT's bus tickets and passes and keep proper
records of such sales. CONSIGNEE shall report and account for all sales and
render payment for such sales as provided in the DISTRICT's Consignment Sales
Procedure, a copy of which is attached as Exhibit" A.
2. The DISTRICT will provide such display, advertising, signs and bus route
schedules which the CONSIGNEE shall display in a prominent location for the
public to see. The DISTRICT will be responsible for seeing that the CONSIGNEE
has the most current materials for display by the CONSIGNEE.
3. 1 n performing such sales activity, CONSIGNEE shall act as an independent
contractor and not as an agent or employee of the DISTRICT. All personnel of
the CONSIGNEE engaged in the performance of this Agreement shall be subject
to the CONSIGNEE's management and control and shall not be employees or
agents of the DISTRICT.
4. The CONSIGNEE shall maintain, in a safe and secure location, the bus tickets and
passes and the funds collected by CONSIGNEE from the sale thereof. I n the
event of any loss, destruction or disappearance from fire, water, burglary,
robbery or theft of the bus tickets, passes and/or funds (when said funds are
maintained in its separate collection box), the DISTRICT shall be responsible for
the value thereof up to $1,500.00 per occurrence. The CONSIGNEE will be fully
responsible for any and all other losses, including any and all loss due either to
the gross negligence of the CONSIGNEE, including its employees, or from
internal theft.
5. This Agreement may be terminated by either party at any time as the parties
may mutually agree or by one party giving written notice of termination to the
other. Upon termination, CONSIGNEE shall forthwith deliver to DISTRICT all
unsold bus tickets and passes, all funds due to DISTRICT and all of the
DISTRICTS property and all papers and records, or copies thereof, relating to or
used in the performance of this Agreement, which the CONSIGNEE has in its
possession at the time of termination.
6. 1 f any provision in this Agreement is invalid or unenforceable, that provision shall
be construed, limited, modified or, if necessary, severed, to the extent
necessary, to eliminate its invalidity or unenforceability, and the other provisions
of this Agreement shall continue to apply.
7. This Agreement shall be construed, interpreted and governed by the laws of the
State of California and applicable federal law.
8. This agreement contains the entire agreement between the parties relating to
the operation of the CONSIGNEE as a sales outlet on behalf of the DISTRICTfor
bus ride tickets and passes. This agreement supersedes and replaces all prior
and contemporaneous oral and written agreements, negotiations and discussions
between the parties hereto with respect to the subject matter of this agreement
between the CONSIGNEE and the DISTRICT and contains all of the covenants
and agreements between the parties with respect thereto. Each party to this
agreement acknowledges that no representations, inducements, promises, or
agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which are not embodied herein, and that no other
agreement, statement, or promise not contained in this agreement shall be valid
or binding. Any modification of this agreement will be effective only if it is in
writing, signed by both parties hereto.
N WITNESS WHEREOF, CONSIGNEE AND DISTRICT have executed this
agreement as of the date first above written.
CONSIGNEE:
Date Executed:
LODI TRANSPORTATION STATION
By:
Printed Name:
Title:
Address and Telephone Number:
24 S. Sacramento St.
Lodi, CA 95240P.0 Box 220
(209)
2
DISTRICT:
Date Executed:
SAN JOAQUIN RTD
Gloria Salazar,
Assistant General Manager/CFO
Address and Telephone Number:
P.O. Box 201010
Stockton, CA 95201
(209) 948-5566
EXHIBIT A
CONSIGNMENT SALES PROCEDURE
The Districtwill issue the first set of bus passes and tickets in a total amount not to
exceed $10,000.00 in value. The lists of bus tickets and passes and prices will be
provided.
Additional bus tickets and passes will be issued upon request by phone or by fax from
the CONSIGNEE to DISTRIC I s Accounting Department. The District will make every
effort to deliver the tickets and passes within two workdays after the request is received
by the District. A bus ticket and pass request form will be provided to the CONSIGNEE.
Notice of price changes will be communicated to CONSIGNEE as soon as possible.
Sales proceeds shall be remitted to the DISTRICTwithin 31 days following the end of
the month by mailing a check, or personally delivering the check, to the DISTRICT
office, 1533 East Lindsay Street, Stockton, CA. A summary of sales for the period
covered and the inventory count of tickets and passes on hand must be attached to the
check.
The DISTRICT will summarize the CONSIGNEE's sales for the fiscal year to determine
the amount of the sales commission due to the CONSIGNEE. The District will pay to the
CONSIGNEE a sales commission computed in accordance with the following: S% of
gross sales over $6,000.00 during the fiscal year. The commission check will be
issued at the end of the month following the end of the fiscal year.
3
RESOLUTION NO. 2011-14
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING CITY MANAGER TO EXECUTE
CONSIGNMENT AGREEMENT FOR SAN JOAQUIN
REGIONAL TRANSIT DISTRICTTICKET SALES AT
LODI TRANSIT STATION
WHEREAS, San Joaquin Regional Transit District (SJRTD) has requested the
City execute a consignment agreement for sale of SJRTD tickets. The proposed
consignment agreement details the consignment sales procedure, advertising details,
responsibility in the event of loss, and termination procedures; and
WHEREAS, in addition to selling GrapeLine and Greyhound passes, the same
MV Transportation staff currently sells SJRTD passes at the Lodi Transit Station.
According to MV staff, the transit operator has sold SJRTD and SMART (prior regional
transit agency) passes since the completion of the Lodi Transit Station in 2000, but there
is no record of a consignment agreement between SJRTD and the City for this service;
and
WHEREAS, annually, the City receives a commission of approximately five
percent of gross SJRTD ticket sales over $6,000. Approximately 360 passes are sold
annually, and the City receives less than $100 in ticket sale commission from SJRTD.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a consignment agreement for San Joaquin
Regional Transit District ticket sales at the Lodi Transit Station.
Dated: February 2,201 I
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...................................................................
hereby certify that Resolution No. 2011-14 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 2, 2011, by the following
vote:
AYES: COUNCIL MEMBERS— Hansen, Katzakian, Mounce, Nakanishi,
and MayorJohnson
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
NDI JOHL
City Clerk
2011-14
Is] IWK91i11P►[yl1
BOB JOHNSON, Mayor
JOANNE L. MOUNCE,
Mayor Pro Tempore
LARRY D. HANSEN
PHIL KATZAKIAN
ALAN NAKANISHI
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
January 26,2011
MV Public Transportation, Inc.
Brenda Kuykendall, General Manager
24 S. Sacramento Street
Lodi, CA 95240
KONRADT BARTLAM
City Manager
RANDI JOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Adopt Resolution Authorizing City Manager to Execute Consignment
Agreement for San Joaquin Regional Transit District Ticket Sales at
Lodi Transit Station
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, February 2, 2011. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand-deliverthe letterto City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Julia Tyack,
Transportation Planner, at (209) 333-6800, extension 2076.
F. Wally Sandelin
-;r Public Works Director
FWS/pmf
Enclosure
cc: City Clerk
NCC RTDTICKET SALE CONSIGNMENTAGREEMENT.DOC