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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-