1981-158-Amend The Contract With West Valley Assist For Provision Of A Small Bus ProgramRESOLUTION NO. 1981 -158
A RESOLUTION OF THE 'TOWN COUNCIi OF
THE TOWN OF LOS GATOS TO AMEND THE
CONTRACT WITH WEST VALLEY ASSIST FOR
THE PROVISION OF A SMALL BUS PROGRAM
BE IT RESOLVED, and it is hereby resolved by the Town Council of the
Town of Los Gatos, County of Santa Clara, State of California, that the Town
Council amends their contract with West Valley Assist in the manner here in
after prescribed.
1. SECTION #1
To continue contract dated 11/21/79 to 6/30/82 incorporating
amendments approved by resolution of the Town Council.
2. SECTION #8
A fourth region of service will be added to the program to
allow the operation of the bus outside the ten (10) mile radius
for .recreational and educational purposes. This new level of
service is not to impinge on the other three service levels.
3. SECTION #19
Assist will provide at its own expense its own office space
and office furniture in the Neighborhood Center.
4. SECTION #28
This contract may be terminated by either party on 45 days
written notice.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 6th day of July, 1981, by the following vote:
AYES: COUNCIL DMABER,S: Ruth Cannon, Thomas J. Ferrito, MarLyn J.
Rasmussen, Brent N. Ventura and Peter W.
Siemens
NOES: COUNCIL FIBERS: None
ABSTAIN: COUNCIL W MBERS: None
ABSEN:P: COUNCIL MEMBERS: None
SIGNED:
MAYOR 0.," 111E TOWN OF LOS GATOS
ATTEST:
CL Y O:F 1HE TOWN OF LOS G � S
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CONTRACT FOR
TRANSPORTATION SYSTEM OPERATION --
Si4ALL BUS PROGRAM
This is a contract between Town of Los Gatos (Town) and West
Valley Action Service for Study and Implementation of Special Tasks,
Inc. (ASSIST), a California corporation.
The parties agree:
1. During the period commencing on July 1, 1981 and continuing
through June 30, 1982 ASSIST will operate a bus system to carry elderly
and physically handicapped persons.
2. Currently the system will use one bus. The Town will add
another bus. (To simplify the language of this contract, the word "bus"
means "buses" if there are two.)
3. The Town will provide the bus which will be of the 15- passenger
van type, equipped, at least in the case of the first bus, to carry
elderly and physically handicapped persons. The Town and the City of
Saratoga will own the bus.
4. ASSIST will hire and supervise, as its employees, on an hourly
basis, a driver for each bus and one program coordinator.
5. ASSIST will provide all employees benefits required by law,
including Workers' Compensation Insurance, Unemployment, Disability
Insurance and 0ld Age and Survivors Benefits and ordinary medical insurance.
6. ASSIST knows the work to be done under the terms of this
contract is paid for with money from a Transportation Development Act
grant, and will comply with all State and Federal requirements about
nondiscrimination in hiring and retention of employees.
7. ASSIST will operate the bus on an 8:00 am to 5:00 pm psis,
Mondays through Fridays, except on the following holidays:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
Thanksgiving Day
Friday following Thanksgiving
Half -day on December 24
December 25
Half -day on December 31
8. ASSIST will operate the bus in the areas shown on the map
which is attached to this contract marked Exhibit A. There are four
regions for service: (1) the areas within the city limits (not in-
cluding unincorporated islands) of Saratoga, Monte Serene or the Town,
(2) the area outside, but within two tenths of a mile of area (1),
(3) the area outside areas (1) and (2) but within 10 miles of area (1).
(Mileages are miles actually traveled.) ASSIST will carry passengers
who initiate their trips anywhere in area (1) to any point in areas (1)
and (2), and for medical, dental, and physical therapy appointments
only, to any point in area (3). ASSIST will not carry passengers on trips
that begin in areas (2) and (3) unless the trip is a return trip to area
(1). Service region (4) is any area outside service area (1) for rec-
reational and educational purposes only. Area (4) service is not to im-
pinge on the other three service levels. Passengers must initiate trips
in area (1) .
9. ASSIST will carry only passengers who are senior citizens or
who are physically handicapped and in either case who reside in area (1).
Senior citizens are persons who are 60 years old or older. A functional
definition of a handicapped person, as stated in BAY REGION TRANSIT
OPERATORS' DISCOUNT FARE PROCEDURE FOR HANDICAPPED PERSONS (12/75) is
as follows:
A mass transportation handicap is any incapacity
or disability which results in the inability of
a person to perform one or more of the following
functions.
1. Negotiating a flight of stairs, escalator or ramp
2. Standing while waiting for a public transit vehicle
3. Boarding or alighting from a public transit vehicle
4. Standing in a moving public transit vehicle
5. Reading informational signs
6. Hearing announcements by train conductors, bus
drivers or station agents
7. walking more than 200 feet
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The Eligibility Criteria (definition of handicap) were developed based
on a person's ability or inability to use mass transportation services
and presume a level of personal mobility and independence to the degree
that use of public transportation systems would be a reasonable expec-
tation.
10. ASSIST will not charge its passengers cash for rides and
will provide service only in exchange for tickets; one ticket for each
one way trip within areas (1) and (2) and two tickets for each one Dray
trip that begins or ends in area (3).
11. The clerks of the Town and of the City of Saratoga will sell
the tickets in their offices at a price of 50 cents each. When pass-
engers are unable to personally purchase tickets at either of the clerks'
offices, ASSIST's drivers, on being instructed to do so by the dispatcher,
may take tickets to the passengers, and sell them. The driver and ASSIST
will be jointly and severally responsible, no later than the next business
day, for paying the clerk for the ticket and for establishing to the sat-
isfaction of the clerk that the purchaser was a senior citizen or was
physically handicapped.
12. ASSIST will schedule .regular bus runs, and may; for example
(but not by way of limitation) set times and days for runs to specified
hospitals in area (3).
13. Subject to scheduling requirements and subject to the oper-
ational limitations of a small bus, ASSIST will provide door -to -door
service in response both to telephone requests and to requests communi-
cated in any manner.
14. As needed, the ASSIST driver will escort passengers to and from
the outside entrances of the buildings at the origins and destinations
of their trips.
15. ASSIST will enforce whatever measures are necessary to provide
service that is rendered in a courteous and kindly manner, as well as
efficiently and safely.
16. ASSIST will pay its driver for operating time and normal rest
breaks.
17. The `room will provide or procure for ASSIST the services
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described in paragraphs 5, 7, 10, 11, 12, 13 and 14 of the contract
between Los Gatos and Saratoga entitled Contract for Transportation
Program for Elderly and Handicapped Persons, dated October 27, 1980.
18. ASSIST will provide an officer, employee or contractor of
its own to hire, evaluate, direct, discipline and fire its driver and
Program coordinator. ASSIST will pay that person at the rate, and not
more than the total amount, shown for supervision in the budget attached
to this contract marked Exhibit B. Reimbursement for ASSIST's expense
for providing services required by this paragraph will be for direct
hourly pay only, although ASSIST will comply with all requirements of
law concerning its relationship with that person, including providing
Workers' Compensation and other necessary benefits if that person is an
employee.
19. ASSIST will provide expendable office supplies such as sta-
tionery, postage, separate telephone service, paging (beeper) service
and advertising, and will provide at its own expense its own office space
20. Except for the rule for reimbursement of paragraph 18 expense,
the Town will reimburse ASSIST for its expense of rendering the services
and providing supplies required by this contract, on a dollar for dollar
basis. ASSIST will keep its expenses within the line item limits set in
the Exhibit B budget.
21. On a calendar month basis, within the first 15 days of each
month, ASSIST will account to the Town for all of its expenditures during
the preceding month. By the tenth of the following month the Town will
make the reimbursement payment, except when it reasonably appears, as
determined by the Director and agreed to by ASSIST, that ASSIST has
sufficient money on hand to continue or conclude operations without
payment for that month.
22. ASSIST will keep good and detailed records of its operations,
financial transactions and payroll, and will evidence all payments with
appropriate invoices and vouchers. The manner in which ASSIST keeps
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records and handles petty cash (if any) will be specified by the Director.
ASSIST will give the Town access to all of its -records.
23. ASSIST °s records will include (1) trip logs kept by the driver
showing the addresses of all origins and destinations, times and odometer
readings, including stops within a trip to pick up or let off any pass-
enger, and (2) dispatching logs showing all calls for service with the
surname and address of each caller and the time of the call, and all
dispatching orders with the address to which the dispatch is made and
the time of the order.
24. ASSIST will maintain all of its records for a minimum of three
years after performance of this contract is complete, open and available
for inspection and audit by the Town and any governmental agency, and
will provide copies of all or any of its records to the Town on request.
Copying expense is reimbursable.
25. ASSIST will keep all payments from the Town in a checking
account separate from all other funds, will make disbursements (except -
out of petty cash) by check, and will repay the Town any money paid by
the Town which exceeds the amount of reimbursement allowed by this contract.
26. All communications by the Director and ASSIST must be written.
27. For the purpose of communications concerning this contract,
the address of the Town is:
Director of Community Programs
Town of Los Gatos
P. O. Box 949
Los Gatos, Ca. 95030
28. This contract may be terminated by either party on 45 days
written notice. The address of ASSIST is:
Cheryl Hayward, Program Coordinator
208 E. Main St.
Los Gatos, Ca. 95030
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Dated ` ` - 7 d) WEST VALLEY ACPION SERVICE FOR
STUDY AND IMPLEP=ATION OF
SPECIAL TASKS, INC. (ASSIST)
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EXHIBIT B
TRANSIT ASSIST OPERATING BUDGET (1981 -82)
Expenses: Budget
Administration: telephone /office supplies/ $4,876
rent /pager
Salaries:
1 Scheduler /Coordinator @ $1,1186/mo. +
$395/mo (fringe) _ $1,581 /mo x 12 /mo. $18,972
2 Drivers @ $2,202/mo + $696/mo. (fringe)
_ $2,898/mo x 121mo. $34,776
Vehicle Maintenance:
2 ASSIST vehicles $3,500 per vehicle x 2 = $5,000
Gasoline:
40,000 miles @ 10 MPG @ $2.00 /gal = $8,000
per vehicle x 2 vehicles $13,000
Insurance:
$2,500 per vehicle x 2 $4,000
Advertising and Outreach:
printing, mailing, media ads $2,500
Total Operating Expenses $83,124