1980-164-Authorizing The Execution Of The 1980-81 Joint Powers Agreement With The City Of Saratoga For The Operation Of Transit Assist Program And Contract Between The Town And West Valley AssistRESOLUTION IdO. 1980 -164
A RESOLUTION OF THE TOWN COUNCIL OF T°iE TOWN
OF LOS GATOS AUTHORI7,T110, "'HE THE EXIEGUTION G
''HE 1980 -81 JOINT POWERS AGREEMENT WITH THE
CTI Y OI' SARATOGA FOR THE OPERATION OF TRANSIT
ASSIST PR.OGRAT.1 AND CONTRACT BETWEEN THE TOWN
AND WEST VALLEY ASSIST
BE IT THEREFORE RESOLVED that the Town Council of the Town of Los
Gatos does hereby authorize the signing of the attached contracts and
hereby directs and designates the Mayor of the Town of Los Gatos as the
authorizod representative of the Town to sign and act in connection with
the contract between the 'Town of Los Gatos and the City of Saratoga and
the Town of Los Gatos and west Valley ASSIST.
PASSED AND ADOPTED AT A REGULAR meeting of the Town Council of the
Town of Los Gatos held on the 271th day of October, 1980, by the following
votes:
AYES: COUNCIL MF?tIIBERS: MarLyn J. Rasmussen, Peter w. Siemens
Brent N. Ventura and Thomas J. Ferri.to
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL .MEMBERS: Ruth Cnimon
ABSPAIII: COUNCIL AT,'IMBERS: None
ATTEST:
SIGNED:
j
YO OF THE
4 TO .S Al
CIr�K OI TriE OW2S 0"ll OS GATOS
CONTRACT FOR
TRANSPORTATION SYSTEM OPERATION
SMALL 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 when this contract is
signed by the Town and continuing through June 30, 1981 ASSIST
will operate a bus system to carry elderly and physically
handicapped persons.
2. At first, the system will use one bus. The Town may
elect to add another bus. (To simplify the language of this
contract, the word "bus" means "buses" if there are two). The
Town and the City of Saratoga will own the bus.
3. ASSIST will hire and supervise, as its employees,
on an hourly basis, a driver for each bus and one program
coordinator.
4. ASSIST will provide all employee benefits required by
law, including Workers' Compensation Insurance, Unemployment
Disability Insurance and Old Age and Survivors Benefits and
ordinary medical insurance.
5. 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.
6. ASSIST will operate the bus on an 8:00 am to 5:00 pm
basis, 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
7. ASSIST will operate the bus in the areas shown on the
map which is attached to this contract marked Exhibit A. There
are three regions for service: (1) the areas within the city
limits (not including unincorporated islands) of Saratoga, Monte
Serene or the Town, (2) the area outside, but within two tenths
of a mile of area (1), and (3) the area outside areas (1) and (2)
but within 1.0 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).
8. 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, escalor 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.
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 expectation.
-2-
9. 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 way trip that begins or ends in area (3).
10. 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 passengers are unable to personally purchase tickets at either
of the clerks' offices, ASSIST's drivers, on being instructed to
do so by the program coordinator 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 satisfaction of
the clerk that the purchaser was a senior citizen or way physically
handicapped.
11. 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).
12. Subject to scheduling requirements and subject to the
operational limitations of a small bus, ASSIST will provide
door -to -door service in response both to telephone requests and
to requests communicated in any manner.
13. 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.
14. 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.
15. ASSIST will pay its driver for operating time and normal
rest breaks.
16. The Town will provide or procure for ASSIST the services
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 g 4 X&
17. 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
-3-
in the budget attached to this contract marked Exhibit B. Reimburse-
ment 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.
18. ASSIST will provide expendable office supplies such as
stationery, postage, separate telephone service, paging (beeper)
service and advertising. ASSIST will also provide the driver or
program coordinator mileage reimbursement of 22� per mile when
incurred by transporting clients or other work related assignments.
19. The Town will reimburse ASSIST for its expense of rendering
the services and providing supplies required by this contract except
for the rule of reimbursement of paragraph 18 expenses on a dollar
for dollar basis. ASSIST will keep its expenses within the line
item limits set in the Exhibit B budget.
20. On a calendar month basis, on or before the Wednesday
preceding the first Monday 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 reim-
bursement 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.
21. 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 records and handles petty cash (if any) will
be specified by the Director. ASSIST will give the Town acdess to
all of its records.
22. 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 passenger, 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.
-4-
23. 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 govern-
mental agency, and will provide copies of all or any of its records
to the Town on request. Copying expense is reimbursable.
24. 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.
25. For the purpose of communications concerning -this contract,
the address of the Town is:
Director of Community Programs
Town of Los Gatos
P. 0. Box 949
Los Gatos, CA 95030
and the address of ASSIST is:
Dated_ /2 415 _- 9�
Dated /!l -_:'Z
ATTEST:
Clerk f the Town of Los atos
WEST VALLEY ACTION SERVICE
FOR STUDY AND IMPLEMENTATION
OF SPECIAL TASKS, I�L�� (ASSIST)
Title.
By:
j'I\ ,' f
1
/i' �'^' -•, i'') afar:' „`�f `--- �,.
V
I/
Lul
<<l ,�/�f / � �✓ /� J >- /.� i , \' it �% v.-=;1
I � ,
r � /`� ill'_ r . � ` i -- � -: it ” •,yo..x�.r,;�am. ��'.j, '.,' J sere sxa:�a
• �� r a' i v^ � 1 � ,i °�
J J
/r
�il r
r..k •
J.
t
Z
t
!j
{
r,
r
/
t
t
Z
t
!j
TRANSIT ASSIST OPERATING BUDGET (1980_
Expenses:
Administration: telephone /office supplies /rent
Salaries:
1 Program Coordinator - $1,035 /mo. +
$340 (fringe) _ $1,375 /mo. x 12 mos.
2 Drivers - $1,8LF0 /mo + $680 (fringe) _
52,520/mo. x 12 mos.
Vehicle maintenance:$2,908.50per vehicle x 2
Gasoline
Insurance
Advertising: Brochures /Posters /ticket books /mailing
Capital Expenditure
EXHIBIT B
Budget
$ 3,000
16,500
30,240
5,817
16,000
5,000
1.0n0
13,000
$90,557
DINT EXERCISE OF POWERS
AGREEMENT FOR TRANSPORTATION
SYSTEM OPERATION - SMALL BUS
PROGRAM (FUNDED BY TDA 4.5
FUNDS).
This contract is made with reference to the following facts.
The cities of Saratoga and Monte Sereno and the Town of Los
Gatos are all adjoining general law cities. The Metropolitan
Transportation Commission (MTC) is an agency of the State of
California created under the provisions of the Metropolitan
Transportation Commission Act (Gov.Cg66500, et seq., Stats. 1970,
c.891). MTC provides Transportation Development Act (Stats. 1971,
c.1400, Pub. Utilities C. s §99240(d), 99260) (TDA) money to cities
to operate transit systems.
Saratoga and Los Gatos (for convenience, these two cities
only are called "the cities ") have jointly applied for and will
receive an allocation of TDA money. Monte Sereno has voluntarily
"waived" (as the term is used by MTC) its allocation of TDA money
so that money can be used by the cities. The cities intend to
use their allocations and Monte Sereno's to pay for the operation
Of a small bus system for elderly and handicapped persons. A
private, nonprofit corporation will operate and dispatch the bus
or buses under contract with Los Gatos. This contract requires
Los Gatos to enter into that contract, lists the support services
that Saratoga and Los Gatos will give the operator, and provides
for reimbursement to Saratoga and Los Gatos for their expenses.
The cities agree:
1. Los Gatos will immediately enter into a contract with
West Valley Action Service for Study of Special Tasks, Inc., a
California corporation (ASSIST). A copy of that contract is
attached to this one, marked Exhibit A.
2. Saratoga will turn over to Los Gatos Saratoga's share
Of 1980 -81 TDA money. Los Gatos will account for the TDA money
separately from other funds.
3. i,Jhen this contract calls for payments, including reim-
burcements, the money used will be, and will be limited to, the
TDA money contributed by the cities and Monte Sereno.
4. Los Gatos will perform all of its obligations under its
contract with ASSIST to the extent provided by this contract.
Los Gatos will be reimbursed for its expenses of performing the
ASSIST contract.
5. Los Gatos will provide or procure liability insurance
for all operations of the transit system, insuring the cities and
ASSIST against liability for the acts and omissions of ASSIST
related in any way to the operation of the transit system. The
insurance contract will include a cross - liability endorsement
and will provide that the carrier will have no right of indemnity
or contribution from the cities or ASSIST. As used in this
paragraph, the words the cities and ASSIST include their officers,
,agents and employees.
6. Saratoga will provide staff time sufficient to monitor
program performance to determine whether there is compliance with
MTC -TDA grant regulations, and will prepare and file the quarterly
narrative reports required of Article 4.5 claimants and the
quarterly financial and operations reports.
7. On request from ASSIST, Saratoga will provide storage
space at its corporation yard for the bus or buses.
8. Saratoga will be reimbursed from the TDA money for the
expense of performing the administrative functions described in
paragraph 6, but not for providing storage space described in
paragraph 7.
9. Staff members from both of the cities will participate
as representatives on the Santa Clara County Paratransit Coordi-
nating Council. Neither city will be reimbursed for the time spent
on that activity.
10. The clerks of both of the cities will sell the bus tickets
at their offices. They will, in concert with the Town Director
of Community Programs and the Saratoga Housing and Community
Development Director set rules for purchasers to show that they
are senior citizens or physically handicapped, and will sell
tickets to no others. The clerks will account for the tickets
and the money from ticket sales, and no less often than monthly
will deposit the money in the Town's TDA account.
-2-
11. Los Gatos will, either directly or using its own
contractors, provide repairs, routine maintenance, tires, parts,
road service (including towing) and lubricants for the bus or
buses used in the program.
12. Los Gatos may provide gasoline from its own supplies,
but will do so only to the extent that Los Gatos' Director of
Public Works determines is proper.
13. Los Gatos will provide ASSIST office space in the Down-
town Neighborhood Center for one dispatcher and -the necessary
office furniture and equipment.
14. On request from ASSIST, Los Gatos will provide storage
space at its corporation yard for the bus or buses.
15. Los Gatos will be reimbursed from the TDA money for its
premium cost in providing the insurance described in paragraph 5,
for its expense incurred in performing the services and providing
the supplies described in paragraphs 10 and 11, and, if it elects
to request reimbursement, for providing the office space in the
Downtown Neighborhood Community Center described in paragraph 13,
but not for the storage space described in paragraph 14. Reim-
bursement for tires, parts, contracted service, gasoline and
lubricants will be at cost. Reimbursement for providing the
office space will equal the reasonable rental value of the space.
16. Reimbursement for services rendered to ASSIST by Los
Gatos or for staff services by either city which are under the
terms of this contract reimbursable, will equal the cost of direct
labor, including fringe benefits and insurance as well as payroll
but not including general or administrative expense or supervision.
17. Any property that is purchased in the performance of this
contract or the contract between Los Gatos and ASSIST is owned
in common by the cities. Their ownership interests are in the same
Proportions as amounts of their TDA money pooled for the performance
of this contract for the 1979 -80 fiscal period.
18. On termination of the small bus program state and federal
rules then in effect govern disposition of any remaining money and
other property acquired. If no other federal or state rule applies,
the cities may then agree -to sell the property or may agree that
-3-
f
one city will acquire the interest of the other. If they do not
agree on how to dispose of the property, they will advertise it
for public sale by sealed bid in separate lots with a minimum
price on each lot. The bid, if any, of one of the cities shall
be expressed two ways -- as a total price for the lot and as
an actual price, which is the total price reduced by an amount propor-
tional to the bidding city's ownership interest. The former deter-
mines success in the bidding; the latter is the price to be paid
if the city bids successfully.
19. This contract is effective from the time it is signed
by the last of the two cities, through the time for performance
of the Exhibit A contract and until all property is disposed of,
all reimbursements are made and all audits are completed.
Dated lo A 1 C
� l
ATTEST:
City Clerk, Saraf oga
Dated &) _ 21-2L'
ATTEST
Town Clerk, Los Gatos
CITY OF SARATOGA
By
Mayor
TOWN OF LOS TOS
By
Mayor
-4-