1989-114-Execute The Amendment To The Joint Powers Agreement With The Cities Of Monte Sereno And Saratoga A Community Transit Services AgencyRESOLUTION 1989 -114
RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE AMENDMENT TO THE JOINT POWERS AGREEMENT
WITH THE CITIES OF MONTE SERENO AND SARATOGA
A COMMUNITY TRANSIT SERVICES AGENCY
BE IT RESOLVED, that the Town Council of the Town of Los
Gatos does hereby authorize the Town Manager to execute the
amendment entitled "AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT AMONG THE CITIES OF SARATOGA AND MONTE SERENO AND THE
TOWN OF LOS GATOS CREATING THE TRANSIT ASSIST JOINT POWERS AGENCY,
A COMMUNITY TRANSIT SERVICE AGENCY" on behalf of the Town Council
of the Town of Los Gatos (a copy of the amendment is attached as
Exhibit A.)
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 19th day
of June, 1989, by the following vote:
AYES:
COUNCILMEMBERS:
Thomas J. Ferrito, Robert L.
Hamilton, Brent
N. Ventura
NOES:
COUNCILMEMBERS:
None
ABSTAIN:
COUNCILMEMBERS
None
ABSENT:
COUNCILMEMBER:
Eric D. Carlson
SIGNED: A r r t .rF
Pr ;pv
r'MAYOR OF THE TOWN"OF
LOS GATOS
ATTEST:
% F
CLERK OF THE TOWN OF Lb GATOS
A: \cnC1rpts \1982- 69.RE5
CPY
RESOLUTION NO. 1189 O� 5
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF THE
AMENDMENT TO THE JOINT POWERS AGREEMENT WITH THE CITIES
OF MONTE SERENO AND SARATOGA A COMMUNITY TRANSIT
SERVICES AGENCYAND THE TOWN OF LOS GATOS
A COMMUNITY TRANSIT SERVICES AGENCY
RESOLVED, by the City Council of the City of Monte Sereno, County of
Santa Clara, State of California, that
1 HEREAS, the City Council of the City of Monte Sereno has read and
considered that certain "AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT AMONG THE CITIES OF SARATOGA AND MONTE SERENO AND THE
TOWN OF LOS GATOS CREATING THE TRANSIT ASSIST JOINT POWERS
AGENCY, A COMMUNITY TRANSIT SERVICE AGENCY," herein called the
°Amendment Agreement," between the City of Monte Sereno and the
respective City and Town named above, concerning responsibility for day to
day program operation by Los Gatos, payment of costs and who may provide
liability insurance coverage, among others.
NOW, THEREFORE, IT IS HEREBY FOUND, ORDERED AND DETERMINED as
follows:
1. Public interest and convenience require the entering into of the
Amendment Agreement, and the City of Monte Sereno hereby approves the
hereinabove- described Agreement.
2, The City of Monte Sereno shall enter into, and the Mayor and City
Clerk of the City of Monte Sereno be, and they and each of them hereby is
authorized and directed on behalf of said City, respectively, to execute and
attest the Amendment Agreement.
REGULARLY passed and adopted this 10th day of July, 1989.
ATTEST:
lG r
C CLERK
070589
N
BY —� ^ ' ,
MAYOR PRO TEm
Tl;e #rre )c.' j instrument is ,4 tdtre,t Co,#$p
cf ttw orieir.a! en i;h in Ciis office
ray rur^ac'o
C4 C cr!" of +iia City of Monts ".&try
.By --77
Dated _ 7LI(ZSI —
.MEETL','G OF THE CITY COUNCI-
JUNE 21, 1989 Page 7
COMMUNICATIONS FROM THE PUBLIC AND THE COMMISSIONS Continued
5) Janice Morgan, 20120 Williamsburg Lane, requesting relaxation of watering hours for
Bamboo Park
'^ Councilmember Clevenger felt none would object to a relaxation of the wateringg hours to fit the
schedule of the volunteers; she thought the exemption should be applied to all of Hakone Gardens.
Councilmember Moyles agreed and added that the method of watering the gardens was not the
wasteful type the Ordinance was designed to prevent.
PETERSON /CLEVENGERMOVED TO EXEMPT HAKONE GARDENS FROM RESTRIC-
TIONS ON WATERING HOURS. Passed 5 -0,
Councilmember Moyles reported on a recent Meeting of the Hakone Gardens Board of Trustees;
the Trustees wished to amend the current agreement with the City.
Mr. Henry Yamate, Trustee, Hakone Foundation, provided a status report on the rental monies
collected from the use of Hakone Gardens; these funds may be needed in order to obtain a match-
ing grant. He asked that the invoicing be held in abeyance until the August 22, 1989, Meeting.
PETERSON/MOYLES MOVED TO DIRECT STAFF TO HOLD IN ABEYANCE THE INVOIC-
ING OF HAKONE FOUNDATION UNTIL THE AUGUST 22, 1989, MEETING. Passed 5 -0.
6. OLD BUSINESS: None.
7. NEW BUSINESS:
A. Master Meeting Calendar for July 1989 through July 1990
PETERSON/MOYLES MOVED TO ADOPT THE MASTER MEETING CALENDAR - CITY
COUNCIL JULY 1, 1989 - JUNE 30 1990, CANCELLING THE JULY 19, AND AUGUST
l6 1989, MEETINGS. Passed 5 -0.
B. City Engineering Services
Agceemem - Willdan Associates
E AGREEMENT N MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN
AG W
AG REEME
Passed 5.0. WI -LDAN ASSOCIATES FOR CITY ENGINEERING SERVICES.
C. Ameddinen[ to Transit Assist Joint Powers Agreement and Saratoga Indemnity Agreement
CLEVENGER/MOYLES MOVED APPROVAL OF AN AMENDMENT TO JOINT POWERS
AGREEMENT AND INDEMNITY AGREEMENT AND AUTHORIZATION FOR CITY
MANAGER TO EXECUTE THE SAME. Passed 5 -0.
D. Publicity for Upcoming Hearing - Reversion to Acreage (Shonim)
Consensus cached to accept Staff Recommendation for the Publicity for the Upcoming Hearing.
9. CITY COUNCIL, ITEMS:
A- Reports from Individual Councilmembers
Mayor Anderson repotted on the recent Meeting of the West Valley Sanitation District 4.
ADJOLt�NT•
The Meeting of the City Council was adjourned at 10:45 EM.to a Closed Sessan rn personnel.
c antening Mayor Ancleraon announced the appointaent of Gillian 14ran to the
' Cam"saron- 'the nee" was adjourryad at 11:30 p.m.
Ily mi[
Carol A Probst Caughey /
THIS IS TO CERTIFY THAT THE WITHIN IN-
STRUMENT IS A TRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE.
/ � C
ATTEST 19
CITY CLERK OF THE CITY, OF SARATOGA
BY
DEPUTY CITY CL RK
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE TRANSIT ASSIST JOINT POWERS
AGENCY APPROVING AN INDEMNITY
AGREEMENT WITH THE CITY OF SARATOGA
WHEREAS, the Section 6, Paragraph S(b) of the Joint Powers Agreement,
as amended, provides that any member of the Agency may furnish liability
insurance coverage for the operations of the Transit Assist program, subject to
approval by the Board of Directors of the Transit Assist JPA; and
WHEREAS, the City of Saratoga has offered to provide liability
insurance coverage for the Transit Assist program through the execution of an
Indemnity Agreement between the Transit Assist JPA and the City of Saratoga, in
the form of Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, the proposed Indemnity Agreement has been reviewed by the
Board of Directors and found to be satisfactory as to form and substance,
NOW, THEREFORE, be it resolved by the Board of Directors of the Transit
Assist Joint Powers Agency that the Indemnity Agreement between the City of
Saratoga and the Transit Assist JPA, in the form of Exhibit "A" attached hereto,
be and the same hereby is approved and the Chair of the Transit Assist JPA is
hereby authorized and directed to execute such agreement for and on behalf and
in the name of the Agency.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of
the Transit Assist Joint Powers Agency held on the 24 day of July
1989, by the following vote:
AYES:
NOES:
ABSENT:
Barbara Winckler, Chair
ATTEST:
A: \Trans /t.Ast \TAJPA.AGR
INDEMNITY AGREEMENT
THIS AGREEMENT, dated July 24 1989, by and between
TRANSIT ASSIST JOINT POWERS AGENCY °Transit ASSIST JPA ") and THE CITY OF
SARATOGA, a municipal corporation ( "Saratoga "), is made with reference to the
following facts:
A. Transit ASSIST JPA is a joint powers community transit service
agency established pursuant to a Joint Exercise of Powers Agreement (the "JPA
Agreement ") by and between the Cities of Saratoga and Monte Sereno and the Town of
Los Gatos ( "the Cities ").
B. Under the terms of the JPA Agreement, as amended, any of the
Cities may provide liability insurance coverage for the Transit Assist program, subject
to approval of the arrangement by the Transit ASSIST JPA Board of Directors.
D. Saratoga has offered to furnish insurance coverage to Transit ASSIST
JPA by indemnifying the agency and the Cities against liability arising from the
operation of the Transit Assist program, for which Saratoga will maintain, at its own
expense, a contractual liability endorsement to its insurance agreement with the
ABAG PLAN corporation.
E. The parties have determined that the arrangement offered by
Saratoga is the most cost effective method of obtaining liability insurance coverage
for the Transit Assist program.
NOW, THEREFORE, it is agreed as follows:
L Subject to the terms and limitations set forth in this Agreement, Saratoga
does hereby agree to indemnify, defend and hold harmless the Transit ASSIST JPA and
the Cities from and against any and all claims, demands, causes of action, and
liabilities arising from any negligent act or omission committed by any employee,
agent or volunteer of the Transit ASSIST JPA related in any way to the administration
or operation of the Transit Assist program.
2. In the event Saratoga's insurance carrier, the ABAG PLAN Corporation,
does not issue a contractual liability endorsement to Saratoga's insurance contract
providing coverage for this agreement to indemnify and defend the Transit ASSIST
JPA and the Cities, or in the event such contractual liability endorsement is issued and
thereafter cancelled, Saratoga may terminate this Agreement by giving written notice
to the Transit ASSIST JPA.
3. The liability of Saratoga to indemnify, defend and hold the Transit ASSIST
JPA and the Cities harmless is expressly declared to be limited to the scope and
amount of insurance coverage provided to Saratoga under the contractual liability
endorsement to its insurance contract with the ABAG PLAN Corporation. Under no
circumstances shall Saratoga be deemed to have assumed, by virtue of this Agreement,
any liability for the defense or payment of any uninsured loss, claim or damage arising
from or relating to the administration or operation of the Transit Assist program.
-1-
4. If acceptable to the ABAG PLAN Corporation, Saratoga shall include in its
insurance contract a cross liability endorsement providing for a waiver by the carrier
of any right of indemnity or contribution from the Transit ASSIST JPA or the Cities,
including their respective officers, agents and employees.
5. With respect to the payment of any claim under this Indemnity
Agreement, it is understood and agreed that the self- insured retention amount charged
to Saratoga under its insurance contract with the ABAG PLAN Corporation shall
constitute a Transit Assist program expense and shall be paid by the Transit ASSIST
JPA promptly upon submission of a request for payment by Saratoga, accompanied by
a copy of the billing for the self insured retention amount sent by the ABAG PLAN
Corporation to Saratoga.
6. Saratoga agrees to pay any additional premium charged to it by the ABAG
PLAN Corporation for issuance of the contractual liability endorsement to Saratoga's
insurance contract. In the event the insurance premium charged to Saratoga by the
ABAG PLAN Corporation is increased as a result of a liability claim paid by the
carrier relating to the Transit Assist program, the amount of such increase
attributable to the claim shall constitute a program expense and shall be reimbursed to
Saratoga by the Transit ASSIST JPA. Such reimbursement shall continue to be made
until the additional premium is no longer being charged to Saratoga by the ABAG
PLAN Corporation and shall not be affected by any prior cancellation or termination
of this Agreement.
7. In addition to the right of termination set forth in Paragraph 2 above,
Saratoga may terminate this Agreement at any time by giving ninety (90) days prior
written notice to the Transit ASSIST JPA.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year first above written.
TRANSIT ASSIST JOINT POWERS AGENCY
By: e/ i ///z� 1� -z,j
Attest: / i (arI,CCVU�
CITY OF SARATOGA
By ^ L
i
Attest: �CR�
-2-
AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT AMONG
THE CITIES OF SARATOGA, MONTE SERENO AND THE TOWN OF LOS GATOS
CREATING THE TRANSIT ASSIST JOINT POWERS AGREEMENT,
A COMMUNITY TRANSIT SERVICE AGENCY
This AMENDMENT TO AGREEMENT is entered into this
day of 1989, by and between the cities of Monte
Sereno, Saratoga and the TOWN OF LOS GATOS, municipal corporations.
WHEREAS, the cities of Saratoga and Monte Sereno and the
Town of Los Gatos have executed an Agreement entitled "JOINT
EXERCISE OF POWERS AGREEMENT AMONG THE CITIES OF SARATOGA, MONTE
SERENO AND THE TOWN OF LOS GATOS CREATING THE TRANSIT ASSIST JOINT
POWERS AGREEMENT, A COMMUNITY TRANSIT SERVICE AGENCY" on May 4 of
1982; and
WHEREAS, the parties desire to amend the Agreement as
hereinafter set forth.
IT IS THEREFORE AGREED by the parties as follows:
1. Section 1, second paragraph of the original Agreement is
amended to read as follows:
This Agreement is further made pursuant to the
Transportation Development Act (California) and Article
4.5 (Public Utilities Code Section 99275 et seq.)
thereof.
2. Section 6, Paragraph (5) of the original Agreement is
amended to read as follows:
a. Los Gatos will be primarily responsible for day -to-
day program operation and shall be reimbursed for its
expenses of program operation. Should program
expenditures exceed the total amount of available funding
and no other sources of transit funding is available, the
over expenditure(s) shall be paid by JPA participants in
a ratio equal to the number of their respective,
registered program participants calculated at the end of
a fiscal year.
b. Any City can provide liability insurance coverage for
all operations of the transit system, insuring the Cities
and Transit ASSIST JPA against the acts and omissions
MM
of the program staff and /or volunteers related in any way
to the operation of the transit system. The liability
insurance coverage can be procured through the purchase
of an insurance policy directly insuring the Transit
ASSIST JPA, or the addition of the Transit ASSIST JPA to
a City's existing insurance policy, or a contractual
liability endorsement to a City's existing insurance
policy or any other arrangement approved by the Transit
ASSIST JPA board of directors. In all events, the
insurance coverage shall include cross liability
endorsements and will provide that the carrier will not
have rights of indemnity or contribution from the Cities
and the Transit ASSIST JPA, including their officers,
agents and employees. If the insurance coverage secured
by the city has a deductible provision, that deductible
amount shall be treated as a program expense as stated
in this paragraph.
3. Section 6, Paragraph (11) of the original Agreement is
amended to read as follows:
11. Los Gatos will provide office space in its Downtown
Neighborhood Center for program administration.
4. Section 6, Paragraph (13) of the original Agreement is
amended to read as follows:
13. Los Gatos will be reimbursed from the TDA 4.5 money
for its expense incurred in performing those
services that directly relate to the provision of
system service(s) , and, if it elects to request
reimbursement, for providing the office space in the
Downtown Neighborhood Center as described in
paragraph 11, but not for the storage space
described in paragraph 12. Reimbursement for tires,
parts, contracted services, gasoline and lubricants
will be at cost. Reimbursement for providing the
office space will equal the reasonable rental value
of the space.
5. Section 6 Paragraph (17) of the original Agreement is
amended to read as follows:
17. Transit Assist Program staff shall be Town of Los
Gatos employees. The Town recognizes that
Transportation Development Act Article 4.5 funds are
used for this program, and will comply with all
State and Federal requirements concerning
nondiscrimination in hiring and retention of
employees.
-3-
6. Section 6 Paragraph (18) of the original Agreement is
amended to read as follows:
18. The Transit Assist Program shall operate from 8:00
a.m. to 5:00 p.m. Mondays through Fridays, except
on the following holidays:
January 1
Third Monday in January
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
7. Section 6 Paragraph (19) of the original Agreement is
amended to read as follows:
19. The van component's primary service area lies within
and is bound by the sphere of influence of Los
Gatos, Saratoga, and Monte Sereno. The sphere of
influence consists of the incorporated areas of the
three geographically contiguous cities as well as
the unincorporated islands and mountain areas.
The preceding defines the service area in which
eligible clients reside and is referred to as
"Service Area 1.11
"Service Area 211, is that area which lies outside
of Service Area 1 but within approximately a ten
mile radius of the geographical center of Service
Area 1. Clients may be transported to locations
within Service Area 2 for medical /rehabilitation,
mental health, and necessary legal appointments
only.
This supercedes Exhibit A to the original Agreement
and shall be operational within those areas shown
on the map which is attached to this Agreement
marked Exhibit A.1.
8. Section 6 Paragraph (21) of the original Agreement is
amended to read as follows:
-4-
21. Transit 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
area (1) and two tickets for each one -way trip that
begins or ends in area (2). Ticket prices are
determined on a sliding scale based on client
income.
9. Section 6 Paragraph (26) of the original Agreement is
amended to read as follows:
26. The Town of Los Gatos will provide normal expendable
office supplies such as, but not limited to,
stationery, postage and advertising on a
reimbursable dollar- for - dollar basis, for Assist
Program operation. The Transit Assist Program shall
keep its expenses within the line items set forth
in the Town of Los Gatos operating financial budget.
This supersedes Exhibit B to the original Agreement.
10. The terms and conditions of the original Agreement,
except as herein amended, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement on the date written above, effective July 1, 1989.
APPROVED AS TO FORM:
Jo , ge ,,Town Attorney
ATTEST: V
�'� j cea A_�l
Town Clerk, Town of os Gatos
TOWN OF LOS GATOS
Deborah Swartfag i
Town Manager l
-5-
ATTEST:
City Clerk, City of Saratoga
ATTEST:
C'ty, C1 k, y of Monte Sereno
A: \CONCLRPTS \AMENDJPA.RES
CITY OF S TOGA
Ablt'�
�2�►0��-
harry eacock
City Manager
CITY MONTE SER�EI�
Rosemary Pier #e
City Manager
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