1982-069-Authorizing The Town Manager To Execute A Joint Powers Agreement With The Cities Of Monte Sereno And Saratoga Providing For The Formation Of A Community Transit Services AgencyRESOLUTION NO. 1982 -69
A RESOLUTION AUTHORIZING THE T014N MANAGER TO
EXECUTE A JOINT POWERS AGREEMENT WITH THE
CITIES OF MONTE SERENO AND SARATOGA PROVIDING
FOR THE FORMATION OF A COMMUNITY TRANSIT
SERVICES AGENCY.
BE IT RESOLVED, and it is hereby resolved that the Town Council
of the Town of Los Gatos does hereby approve that agreement entitled
"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" (copy of which
is made a part of this resolution); and
BE IT FURTHER RESOLVED that the Town Manager is authorized and
hereby directed to execute said agreement on behalf of the Town of Los
Gatos.
PASSED AND ADOPTED BY THE T014N COUNCIL OF THE TOWN OF LOS GATOS,
CALIFORNIA, at an continued regular meeting held this 22nd day of
March , 1982, by the following vote:
AYES:
COUNCIL
MEMBERS
Ruth Cannon, 1tfarLyn J.
Rasmussen,
Brent
N. Ventura and Peter W.
Siemens
NOES:
COUNCIL
MEMBERS
None
ABSENT:
COUNCIL
MEMBERS
Thomas J. Ferrito
ABSTAIN:
COUNCIL
MEMBERS
None
SIGNED:F?
jL1a:
OF'
TO!JN OF LOS GATOS
ATTEST:
y i
CLERK F THE TOWN 0 LOS_ A
JOINT EXERCISE OF POWERS AGREE._.iT
AMONG THE CITIES OF SARATOGA AND
MONTE SERENO AND THE TOWN OF LOS GATOS COPY
CREATING THE TRANSIT ASSIST JOINT POWERS
AGENCY, A COMMUNITY TRANSIT SERVICE AGENCY.
This agreement by and between the cities of Saratoga and Monte Sereno and
the Town of Los Gatos is made in light of the following recitals:
A. That the California State Legislature has enacted the Transportation
Development Act;
B. That Article 4.5 of the Act provides funding to eligible claimants
for Community Transit Service purposes;
C. That the Cities and the Town are individually eligible claimants
that desire to provide a consolidated paratransit service and claim;
and
D. That the parties hereto wish to enter into this agreement to form
the Transit ASSIST Joint Powers and Community Transit Services Agency
and to establish the respective rights and obligations of the con-
tracting parties to such funds.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Authorities
This agreement is made pursuant to Section 6500 and following of the
California Government Code and constitutes an exercise of powers common
both to City and Town, each being empowered to carry out the purposes
of Article 4.5 in their own jurisdiction.
This agreement is further made pursuant to the Transportation Development
Act (California) and Article 4.5 (Public Utilities Code Section 9925
et seq.) thereof.
2. Definitions
The definitions below are intended to assist the parties in making this
agreement. For purposes of simplicity and clearer understanding, some
of the definitions below have been shortened or rephrased from those set
forth in the Act and Regulations thereunder. In the event of any conflict
between the definitions in this agreement and those set forth in the Act
and Regulations, the latter shall govern.
(a) "Transportation Development Act" (TDA). Legislation enacted by
the State that sets fourth policy and procedure for the expendi-
ture of funds for transit and transportation related activities.
Revenues for this act are secured from sales tax.
(b) "Article 4.5 ". That article of the act which provides funding
for Commuity Transit Services.
Page 2
(c) "Community Transit Services ". Transportation services which
link intra- community origins and destinations, including
services for those, such as the disabled and /or the elderly
who cannot utilize conventional transit services.
(d) "Social Service Transportation ". Transit services provided
by public er private organizatic ^.s to seniors, youth, handi-
capped, or low - income disadvantaged persons for the purpose
of alleviating social, health or economic problems.
(e) "Claimant" is the Transit ASSIST Joint Powers Agency -- onlving
as a Community Transit Services Agency.
(f) "Community Transit Services Agency" (CTSA). A legal entity
designated by the Regional Transportation Planning Agency to
implement an action plan to consolidate and /or coordinate
social service transportation services.
(g) "Regional Transportation Planning Agency" (RTPA). An organi-
zation designated by the State with the authority to carry out
transportation planning, coordination, and resource allocation
activities within a specified geographical area.
(h) "Metropolitan Transportation Commission" (MTC). An organiza-
tion created by the California Legislature in 1970 to provide
comprehensive regional transportation planning and financial
programming for the nine - country San Francisco Bay Region.
MTC is the RTPA for this region.
(i) "Paratransit Coordinating Council" (PCC). An organized group
agencies, organizations and individuals working together to
increase cooperation, coordination, availability and effective-
ness of paratransit transportation service by minimizing over-
lap and duplication in the use of resources.
(j) "Paratransit ". All transportation services other than those
provided by the public mass transportation system or private
vehicles in private use.
(k) "Coordination ". A cooperative arrangement between transporta-
tion providers and organizations needing transportation aimed
at realizing increased benefits through joint operation and /or
administration related functions.
(1) "Handicapped Person ". Any individual who by reason of illness,
injury, age, congenital malfunction, or other permanent or temp-
orary incapacity or disability, including but not limited to,
any idividual confined to a wheelchair, is unable, without special
facilities or special planning or design, to utilize public trans-
portation facilities and services as effectively as a person who
is not so affected.
Page 3
(m) "Elderly Person ". Any person age 60 or older.
(n) "Claim" means the annual application for a grant to be sub-
mitted by the claimant to MTC.
(o) "Farebox Requirement ". An amount of revenue to be generated
by the 4.5 funded transit activity, which shall not be less
than 10 percent of the activities operating expenses, for a
program whose ridership are predominantly the elderly and /or
the handicapped.
(p) "AB 120 - Santa Clara County Action Plan ". A requirement of
the Social Service Transportation Improvement Act (Chapter 1120,
Statues of 1979), generally referred to as AB 120, which requires
the preparation and adoption, by December 31, 1981 of a Regional
Action Plan that describes the steps required to accomplish con-
solidation of social service transportation services.
(q) "Transit ASSIST Program ". The total Community Transit Service
provided by the Transit ASSIST JPA, including but not limited
to: (1) an accessible, demand responsive, multi van service,
(2) a demand responsive station wagon shuttle type service, and
(3) a volunteer driver /vehicle, demand responsive paratransit
service.
Purpose of Agreement
This agreement is being made so that the participating jurisdictions may
Provide cooperative, comprehensive and consolidated Community Transit
Services operating as a Joint Powers and Community Transportation Services
Agency.
The purpose of this agreement shall be accomplished in the manner herein-
after set forth.
4. Cooperation Agreement
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. C. Sec. 66500, et seq.,
Stats. 1970, c. 891). MTC provides Transportation Development Act (Stat. 1971,
c. 1400, Pub. Utilities Code Sections 99240 (d), 99260 (TDA) money to cities
to operate transit systems.
Saratoga, Los Gatos and Monte Sereno (for convenience, these three juris-
dictions shall be called "the cities ") have applied for an will receive
an allocation of T °A money. The cities intend to use their allocations to
pay for the operation of a Community Transit Service for elderly and handi-
capped persons.
A Joint Powers and Community Transportation Services Agency (CTSA) "Transit
ASSIST" shall be created by this agreement to provide for the authorization
Page 4
of the annual funding application and general Transit ASSIST Program
operations.
5. Transit ASSIST - JPA Membership
The governing body of each participating jurisdiction shall appoint one
of their number to sit as one of three Transit ASSIST Board Members. The
Board shall be responsible for the overall operation of the Transit ASSIST
Program. Board members shall have one vote each and shall serve until
replaced by their respective council.
6. Administration of Program
T. During that period commencing when this agreement is executed
or not later than July 2, 1982, the Transit ASSIST Board :sill
operate a consolidated community transit service. The Board
will receive a staff assistance from the cities, such staff time
and cost to be reimbursed to the cities from 4.5 funds.
2. Beginning July 2, 1982 the system shall consist of two handicapped
accessible vans, and one compact stationwagon. Additionally, a
number of volunteer drivers using their own, private vehicles will
provide transportation service to program participants to augment
that service provided by the vans and stationwagon.
3. The Cities will turn over to the JPA their share of TDA 4.5 money.
In turn, the JPA will release these funds to the Town of Los Gatos
for program operation. Los Gatos will account for the TDA 4.5
money separately from other funds.
4. When program operation requires payments to be made, including
reimbursements, the money used will be, and will be limited to
the TDA 4.5 money contributed to the JPA by the cities and any
other funds that may be available through the Santa Clara County
Local Transportation Fund or the TDA in order to provide CTSA
activities.
5. Los Gatos will be primarily responsible for day -to -day program
operation and shall be reimbursed for its expenses of program
operation. The Town will provide or procure liability insurance
for all operations of the transit system, insuring the cities and
the Transit ASSIST JPA against liability for the acts and omissions
of program staff and /or volunteers related in any ways to the opera-
tion of the transit system. The insurance contract shall include
cross - liability endorsement and will provide that the carrier will
have no right of indemnity or contribution from the cities and the
Transit ASSIST JPA including their officers, agents and employees.
If insurance secured by the Town has a duductible provision,
that deductible amount shall be treated as a program expense as
stated in paragraph #4, above. 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.
Page 5
6. On request from the Board, Saratoga will provide storage space
at its corporation yard for a vehicle or vehicles without
reimbursement.
7. Staff members from participating jurisdictions may p _-rticipate
as representatives on the Santa Clara County Paratransit Coordina-
ting Council.
8. The clerks of the cities will sell program tickets at their
offices in accordance with participation criteria which are
subject to modification by the Board. The clerks will account
for the tickets and the revenue generated from ticket sales,
and no less often than monthly will deposit the money in the
Town's TDA account.
9. Los Gatos will, either directly us using its own contractors,
provide repairs, routine maintenance, tires, parts, road service
(including towing) and lubricants.
10. 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.
11. Los Gatos will provide office space in its Downtown Neighborhood
Center for a program coordinator and part -time assistant, including
the necessary office furniture and equipment.
12. Los Gatos will provide storage space at its corporation yard and /or
Civic Center for system vehicles without reimbursement.
13. Los Gatos will be reimbursed from the TDA 4.5 money for its premium
cost in providing insurance described in paragraph 5, for its ex-
pense incurred in performing those services that directly relate
to the provision of system service(s), a; 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.
14. Reimbursement for services rendered in the operation of the
Transit ASSIST Program which are under the terms of this agreement
reimbursable, will equal the cost of direct labor, including fringe
benefits, insurance, and general or administrative expense or super-
vision.
15. On termination of the Transit ASSIST Program State rules then in
effect shall govern disposition of any remaining money and other
property acquired. If no state rules apply, the cities may then
agree to sell the property or may agree that 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
Page 6
total price for the lot and as an actual price, which is the
total price reduced by an amount proportional to the bidding
city's ownership interest. The former determines success in
the bidding; the latter is the price to be paid if the city
bids successfully.
16. This agreement is effective from the time it is executed by
the three cities, through receipt of TDA 4.5 funds and until all
system property is disposed of and all reimbursements are made
and all audits are completed.
17. Transit ASSIST Program, full and part -time staff, shall be
Town of Los Gatos employees and shall consist of one full -time
Program Coordinator (Town salary range M -7) one part -time (20
hours per week) Program Assistant (range M -6) and two full -time
Program Drivers (range M -3). The Town recognizes that Trans-
portation 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.
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 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
Special weekend service may be provided for group outings to
various community events and points of interests on a recovery
of cost plus basis.
19. The Transit ASSIST Program shall be operational within those areas
shown on the map which is attached to this Agreement marked Exhibit A.
There are three regions for service: (1) the areas within the
city limits (including unincorporated islands) of Saratoga, Monte
Sereno 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 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).
Page 7
20- Transit ASSIST will carry only passengers who meet the definitions
of "Handicapped Person" or "Elderly Person" (page 2 and 3 of this
agreement).
21. Transit ASSIST will not charge its passengers cash for rides and
will provide service only in exchange for tickets; one ticket for
way trip within areas (1) and (2) and two tickets for each
one way trip that begins or ends in area (3).
22. Transit ASSIST will schedule regular van runs, and may, for example,
(but not by way of limitation) set times and days for runs to speci-
fied facilities and locations within all service areas.
23. Subject to scheduling requirements and subject to the operational
limitations of a van, Transit ASSIST will provide door -to -door
service in response to both telephone requests and to requests
communicated in any manner. The volunteer driver component of the
Program may provide one to one, escort service, to program riders
as feasibility of the individual situation indicates.
24. As necessary, the ASSIST drivers will escort passengers to and
from the outside entrances of buildings at the origins and destina-
tions of their trips.
25. Transit 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.
26. The Town of Los Gatos will provide normal expendable office supplies
such as, but not limited to, stationary, postage, telephone service,
paging (beeper) service, and advertising on a reimbursable, dollar -
for- dollar basis, for ASSIST Program operation. The Transit ASSIST
Program shall keep its expenses within the line item limits set
forth in the Exhibit B budget.
27. The Transit ASSIST Program and /or the Town of Los Gatos shall
keep good and detailed records of its operations, financial trans-
actions and payroll.
28. 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.
29. The Town shall maintain all Transit ASSIST records for a minimum
of three years after performance of service is complete, open and
available for inspection and a.;iit by 9TC or other governmental
agencies, and shall cause an annual program audit and State Controllers
Report to be completed.
30. For the purpose of communications concerning this agreement
the address of the City of Saratoga is 13777 Fruitvale Avenue,
Saratoga, C. 95070. The Town of Los Gatos, P. 0. Box 949,
Los Gatos, Ca. 95031 and the City of ` "cn e Sereno, 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca. 95030.
31. Severability. Should any part, term, or provision of this agree-
ment be decided by the courts to be illegal or in conflict with
any law of the State of California or any law of the United States,
or should any part, term, or provision of this agreement be other-
wise rendered uneq= srceable or ineffectual, the validity of the
remaining portions shall not be affected thereby.
Dated 4-2-1 ` 52—
ATTEST:
City Clerk, Saratoga v'
Page 9
CITY OF SARAT�OG`A 7
By
Mayor
Dated_ - OWN f LOS GATOS
R
ATTEST: By
Mayor
Town-CYerk, Los Gatos
Dated j- � '�-v
ATTEST:
L
Ci Cler , M me Sereno
C ®®ITY OF MONTE SERENO
Mayor
1\ rz-
W� wl�
ley
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n I T
"EXHIBIT B"
TRANSIT ASSIST
JOINT POWERS AGENCY
Los Gatos - Saratoga - Monte Sereno
TDA 4.5
FY 1982 -83 Expenditure Plan
7�dm4nistration
Non - Contract: Program admin., JPA costs and $
9,750.00
JPA counsel (1* hrs.) i.e. $75.00 /Hr.
_
Contract: $750 and Audit ($3,000)
Salaries: 1 Program Coordinator @ 30 hrs. /wk
$912.00 /mo. = $10,944/yr. +
$2,845.00 (26% fringe benefits) =
13,799.00
1 Program Assistant @ 30 hrs. /wk.
$874.00/mo. = $10,488.00 /yr. +
$2,727.00 (26% fringe benefits) =
13,215.00
1 Program Driver (1st step) @
40 hrs. /wk. $1,199.46/mo. _
$14,393.60/yr + $3,742.34
(26%fringe benefits) =
18,135.94
1 Program Driver (2nd step) @
40 hrs. /wk. $1,254.93/mo. =
$15,059.20/yr. + $3,915.39 (260
fringe benefits) = =
18,974.61
Part -time temporary - $5 x200 hrs.
sick and vacation relief = 1,000.00
Vehicle
Operation: Gasoline, insurance and maintenance
for two vans = 12,000.00
Advertising &
Outreach: Printing, mailing brochures, media
ads, flyers 1,000.00
Mileage
Reimbursement Volunteer driver and staff
reimbursement at = 4,500.00
Office Expenses: Postage, beeper, rent, telephone
misc. supplies = 5,745.00
Volunteer Driver
Insurance: = 390.43
$9e,500 .no