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HomeMy Public PortalAbout45 Elderly Disabled TransportTown of Truck, cc California RI~OLUTION NO. 93-45 A RF.qOIX~ON OF THE TOWN COUNCIL OF THE TOWN OF TRUCKI~ AUTHOR17ING AND DIRECIING THE TOWN MANAGER TO EXECUTE AN AGR~WIENT WITH TAHOE FOREST I-IOSPITAL DISTRICT AND HICg-I SIERRA SI~IOR CITIZENS~ INC. TO PROVIDE EI DERLY AND DISABI ~ TRANSPORTATION BE 1T RE~OLVED: That the Town Manager is hereby authorized and directed to execute the Agreement among the Town of Truckee and the Tahoe Fore~ Hospital District and High Sierra Senior Citizens, Inc. to provide elderly and disabled transportation, attached hereto as Exhibit "A". The foregoing Resolution was introduced at a Regular Meeting of the Council of the Town of Truckee, held on the 17th day of June, 1993, by Council Member Drake who moved its adoption, which motion being duly seconded by Council Member Aguera was upon mil call carded and the Resolution adopted by the following vote: AYES: Council Members Aguera, Botto, Cross, Drake and Mayor Eagan NOES: None ABSENT: None Kathleen Eagan, Mayor AI'II~'T: C. W. Masonhei~'~r, Town Clerk AGREEMENT ELDERLY AND DISABLED TRANSPORTATION TOWN OF TRUCKEE THIS AGREEMENT is made and entered into this 1st day of July, 1993, by and between The TOWN OF TRUCKEE, hereinafter referred to as "Truckee", TAHOE FOREST HOSPITAL DISTRICT, hereinafter referred to as "District", and HIGH SIERRA SENIOR CITIZENS INC., a California non-profit corporation, hereinafter referred to as "Seniors". RECITALS WHEREAS Truckee has agreed to fund the operation of vehicles by Seniors for providing specialized transportation to the elderly and disabled citizens of Eastern Nevada County, and; WHEREAS District recognizes that the transportation services are a benefit to the public because they supplement the District's role as a provider of public health services for Eastern Nevada County and therefore has agreed to provide management services for the service funded by Truckee and provided by Seniors, and; WHEREAS vehicles have been acquired pursuant to Contract Nos. 84G546, dated February 25, 1988 and amended April 3, 1989, and 84H979, dated January 20, 1989 with State of California Department of Transportation by High Sierra Senior Citizens, Inc. to provide such services. NOW, THEREFORE, the parties mutually agree as follows: .1. Definitions A. Elderly: A person sixty (60) years of age and older. Disabled: A person who meets the eligibility requirements for classification as disabled according to the terms and conditions contained in the eligibility section of The Americans with Disabilities Act (ADA). Subject terms and conditions are listed as Exhibit "C" of this Agreement. Eastern Nevada County: All that portion of property located in Eastern Nevada County, State of California within the boundary lines described as follows: Town of Truckee Paratransit Services Agreement Page Two (2) Beginning at a point on the West Line of Section 14, Township 17 North, Range 15 East at the Nevada County Line, thence North along the West line of section 14 and continuing North along the West line of Section 11 and 12, Township 17 North, Range 15 East, and continuing North along the West line of Section 35 and 36, Township 18 North, Range 15 East, and continuing East along the North lines of Section 31 through 38 in Township 18 North, Range 17 East to the Northeast corner of said section 36, thence from the Northwest Corner of Section 6, Township 17 North, Range 18 East continuing East along the North Line of Section 8 to the California/Nevada State Line, thence South along the State Line to the Placer/Nevada County line to the point of beginning. Patron: A person living within Eastern Nevada County who has been determined to be eligible as elderly, disabled, or eligible for paratransit services per the guidelines of The Americans with Disabilities Act (ADA); E. The Vehicles: 1) 1989 Ford Econoline Van VIM# 1FTHS34GSKHB70315 2) 1989 Ford Econoline Van VIN# 1FTH534G21CHB57636 Legal Owner is California Department of Transportation; registered owner is High Sierra Senior Citizens, Inc. Fm Trip Mileage: Trip mileage is recorded (or computed) to the nearest mile from the point at which the vehicle leaves the Senior Center parking area on Estates Drive to the point of the vehicle's return to that same area. Ride Mileage: Ride mileage is recorded (or computed) to the nearest miles from the point at which a patron ts ptcked up to the potnt of discharge. Ar~a of Service: Primarily the service shall be furnished within the boundaries specified in Section 1.C. Service may be provided outside of these boundaries, including out-of-County medical trips as set forth below. Town of Truckee Paratransit Services Agreement Page Three (3) 2. Term o~ A~reement Services of Seniors and District are to commence under the terms of this Agreement on the first day of July, 1993, and shall terminate on the 30th day of June, 1994, unless earlier terminated as provided for herein. 3. 8cooe o~ Services The purpose of this Agreement is to provide transportation services for the elderly and disabled residing within Eastern Nevada County. These service are to be provided by the salaried employees of Seniors. Seniors shall provide the vehicle registration, fuel, maintenance, and insurance on system vehicles. Oistrict shall provide project management and program oversight by supplying one of their employees to serve as Project Director. 4. Comoensation Truckee shall pay Seniors the maximum sum of $84,258 in equal monthly installments as set forth in Exhibit "A" as compensation for the service to be provided under this Agreement. In additional Seniors shall keep all fares collected from patrons. Said sums include all compensation for Senior's services. District shall provide a Project Director. In the event that Truckee finds it necessary to reduce its budget in order to maintain sound fiscal stability, Seniors agrees that its services may be reduced to reflect budget cuts. If such cuts occur, Seniors will be paid at the full contract price for services already performed and at the reduced rate for prospective services only. 5. Annual Budqet and Reoortinq A copy of the budget for this Contract is attached as a part of Exhibit "A". It shall be the responsibility of the Project Oirector to insurance that Seniors adheres to its budget except that line items may vary by up to ten percent (10%} without approval from Truckee, District, or Seniors' Board so long as the monthly budget amount is not exceeded. Town of Truckee Paratranstt Services Agreement Page Four (4) Seniors shall submit a quarterly report to Truckee within fifteen days from the end of each quarter. The quarterly report shall identify the amounts expended and the correlation to the budget. Seniors shall not use any funds derived from this Agreement for salaries, wages, or benefits, other than those specified in the budget attached as Exhibit "A" for any of its employees, officers, and agents. 6. ~ooks of Record and Audit Provision Seniors shall maintain on a current basis complete books and records relating to this Contract. Such record shall include, but not be limited to, documents supporting all bids, all income, and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debts and credits for the work on this contract. In addition, Seniors shall maintain detailed payroll records including all travel and maintenance expenses and canceled checks, receipts, and invoices for all items. These documents and records shall be retained for at least five years from the completion of this Contract. Seniors will permit Truckee to audit all books, accounts or records relating to this Contract or all books, accounts, or records of any business entities controlled by Seniors who partlcipated in this Contract in any way. Any audit may be conducted on Seniors' premises or, at Truckee's option, Seniors shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from Truckee. Seniors shall refund any moneys expended for services for expenses which are not within the scope of this contract. If Truckee ascertains that Seniors has expended funds for unauthorized purposes in an amount equaling 5% or more of the original Contract price, Seniors shall be liable for the costs of the audit in addition to any other penalty to be imposed. Notwithstanding Truckee's right to conduct an audit, within ninety (90) days of the expiration of this agreement, Seniors shall submit to Truckee the results of an audit conducted by a certified public accountant identifying in detail the revenues and expenditures involved in furnishing the services provided for in this Agreement to include the minimum accounting requirements in Exhibit "B". Town of Truckee Paratransit Services Agreement Page Five (5) 7. ~liqibilitv of Patrons Seniors personnel shall determine patron eligibility based on the criteria set forth in Exhibit "C". Service will be provided for 21 days after receipt of an application based on a presumption of eligibility while program eligibility is determined, per the procedures outlined in the Americans with Disabilities Act, Complementary Paratransit Eligibility Section. 8. Eliqlble Trip Purposes Transportation shall be provided to eligible patrons for the following purposes: A. trips to medical appointments (except when provided by other agencies) in or outside of Nevada County; various transportation within the Truckee area when the patron requires a ride, including to the nutrition program shopping, employment, the post office, for social programs as available, and for other transportation services as determined by Truckee; Cm special charters provided the charter rate is paid by recipient of charter service and provided that the above services take precedence; 9. Duties of P~rties A. Truckee shall do or be responsible for the following: 1) Disburse the Transportation Development Act Funds in the amount set forth in this Contract necessary to provide the subject services directly to Seniors. 2) Provide general administration including, but not limited to: a. monitoring the program; b. conducting (or cause to have conducted) audits; c. processing reports which may be required from time to time by local, State, or Federal legislation; Town of Truckee Paratranstt Services Agreement Page Six (5) B. Senior shall do or be responsible for the following: 1) Determine the eligibility of patrons as set forth in Exhibit "c"; 2) Arrange for and provide drivers to operate the system vehicles a minimum of eight (8) hours per day, seven (7) days per week, between the hours of 8:30 AM and 5:30 PM Monday through Sunday 3) Provide van service upon prior special arrangement for out of town trips and special charters as required. 4) Receive transportation requests seven days per week, twenty four hours per day, via either personal or automated means. 5) Arrange for the sharing of ride by patrons when feasible. 5) Maintain log sheets which shall include: 7) a. date of ride; b. purpose of trip; c. place of origin and destination of each ride; d. trip mileages and daily mileages; e. total mileage on the vehicle odometer at the beginning of the month and at the end of the month; Copies of said log sheets shall be transmitted to Truckee no later than ten (10) working days following the close of the preceding month. Seniors shall retain originals of said log sheets. Upon termination, said log sheets shall be filed with Truckee. Maintain by each driver a sign-up sheet which shall include a certification by the driver that the ride was received by the patron. Copies of said certifications shall be retained by Seniors and be made available to Truckee upon request. Upon termination, certifications shall be filed with Truckee. Town of Truckee Paratranslt Services Agreement Page Seven (7) s) Provide that system drivers be friendly and courteous and assist in loading and unloading of patrons, their parcels, and their personal effects. 9) Provide that service be rendered via a direct route from the point of origin to the point of destination of passengers, except that when more than one passenger is to be transported in a single vehicle, service shall be rendered by the most direct routing possible, taking into consideration the various points of origin and destination of the several passengers. 10) Maintain fares so as to achieve a matching recovery level of sixteen (16%) percent of the cost of operating and maintaining the vehicle administering the service during the term of this Agreement. Recognize that the obligation to carry out the terms and conditions of this Agreement is separate, distinct, and in addition to any obligation owed by Seniors to the State of California Department of Transportation pursuant to Agreements Nos. 64G546 and 64H979 and any amendments thereto. i2) Retain overall responsibility for establishing policy and procedure for the implementation of the transportation program within the parameters of this Agreement. 13) Account to Truckee for all expenditures, maintain books and records as set forth in this Agreement, and keep expenditures within all budget limits. C. District shall do or be responsible for the following: 1) Provide an on-site District management employee to operate the program and serve as Project Director. 2) Exercise financial and operational oversight over the program through his on-site management employee. 11. Fares Qnd Fare Settinq Procedure The fares which Seniors charges patrons at the time of execution of this contract are the following: Town of Truckee P&ratransit Services Agreement Page Eight (8) Rides under five miles from Senior Center: $1 per stop $3 per day $30 per month Rides over five miles from Senior Center: $2 per stop $4 per day $42.50 per month Reno shopping trips $7 per person provided there are four (4) or more rtders. Individual medical-related trips $5 for each 25 miles. Seniors agree that prior to the adoption of any increases in its rates, it will publish notice at least one time of a public hearing. Said publication shall be more than ten days prior to the meeting at which a public hearing on the rate increase shall beheld. 11. Indemnity and Insurance District and Seniors expressly agree to defend, indemnify and hold harmless Truckee, its officers, agents, and/or employees from and against any and all claims, demands, lawsuits, and/or actions of every type and description, including but not limited to those arising from injury to or death of any person or persons or loss of, or damage to, property, whether real or personal, arising out of or in any way connected with the operations or activities of District and/or seniors, or any of their agents or employees under the terms of this Agreement. District and Seniors further agree to indemnify and save and hold harmless Truckee, 1ts officers, agents, and employees from any and all suits, actions, damages, or claims of every type and description to which they may be subjected by reason of or resulting from any actions, conduct, and/or omissions, whether active or passive, on the part of Seniors or District, their agents or employees, Including any failure on thelr part to fulfill the terms of this Agreement or of any laws or regulations whether State, Federal, or local which may apply to the service and to the operations of District or Seniors under thts Agreement. Town of Truckee Paratransit Services Agreement Page Nine (9) To Implement the foregoing Indemnification provisions, Senlors shall secure and shall maintain during the entire life of this Agreement, keeping the same in full force and effect, a comprehensive policy of general liability insurance and a policy of vehicle Insurance with respect to 1ts operations and contractual commitments under this Agreement. Such comprehensive general 1lability and vehicle insurance shall specifically cover the premises used by Seniors, system vehicles, employees, and any volunteers utilized by Seniors in the execution of this Agreement, and shall specifically cover the contractual commitments of Seniors under this agreement including the commitment of indemnity. The comprehensive general liability policy shall be In the minimum amount of $1,000,000 single 11mit. The vehicle Insurance shall be in the amount of $5,000,000 single limit. Said policies of Insurance shall, by endorsement thereto, coples of which shall be furnished to Truckee upon execution of this Agreement, specifically name as additional insured under said poltcies the following: Truckee, its officers, agents, and employees; District, its officers, agents, and employees; State of California, its officers, agents, and employees as provided in Agreements No. 64G546 and No. 64H979 and any amendments thereto. Said policies of insurance shall further specifically provide on their face and by endorsement thereto that the insurance afforded by said comprehensive liability and vehicle policies is primary insurance, and that only at such time as the limits of liability under said policies of Insurance has been exhausted shall any other insurance that District or Seniors may carry, comprehensive or otherwise, come into play. The comprehensive policies of insurance herein referred to shall specifically provide that no changes to said policies or amendments thereto, nor cancellation thereof, shall be made without the insurance company first giving Truckee notice of such change, amendment, or cancellations at least thirty (30) days prior thereto. The policies of insurance required by this Agreement shall be in insurance companies approved by Truckee and in a form approved by Counsel for Truckee, which shall be submitted to Truckee, and the necessary endorsements thereto as herein provided for filed with Truckee. Town of Truckee Paratransit Services Agreement Page Ten (10) Said policies of insurance shall be effective prior to service being provided under this Agreement. Seniors expressly agree that to the extent District shall be required to defend, indemnify, and hold Truckee harmless pursuant to the terms of this Agreement, Seniors shall do likewise for the District, and shall reimburse Oistrict for all costs incurred by District by virtue of the operation of the indemnity provisions of this Agreement, including but not limited to all attorney's fees and costs incurred by District, and all sums paid by District as verdicts, judgements, or in settlement of claims made hereunder. 12. Personnel The Project Director provided by District shall be responsible for implementing and administering this Agreement and all of the services to be provided under it. The Project Director shall be responsible for and in charge of all employees and volunteers working for Seniors. Such responsibilities shall include employing and terminating employees, employee discipline, and employee compensation and payroll, inclusive of the filing of all tax returns and reports. The Project Director shall report to the Board of Oirectors of Seniors, and to the District Assistant Administrator but shall not be a voting member of the Board of Directors of Seniors. Seniors Board and the Oistrict Assistant Administrator shall be responsible for the direct supervision of the Project Director and the Project Director shall take direction as to the day- to-day management and operations of the transit service from the District Assistant Administrator. The Project Director shall be evaluated by the Board of Oirectors of Seniors at least once during the term of this Contract. A copy of such evaluation shall be provided by Seniors to the District's Assistant Administrator and to Truckee. In the event that Seniors determines that any disciplinary action may be necessary with respect to the Project Oirector, a request shall be made, in writing, by Seniors to District. Town of Truckee Paratransit Services Agreement Page Eleven (11) District shall consider such request for disciplinary action and shall conduct a review and take any necessary action in the same manner as District would if the Project Director were providing services within Oistrict's facility. The Project Director's employment shall be governed solely by District's personnel policies, regulations, and procedures. Other than the Project Director, all employees or volunteers providing services for seniors shall be deemed to be the employees of Seniors only and not of Oistrict's or Truckee's. District shall be responsible for a11, employee benefits, tax returns, and reports (including a11 withholding and Social Security), and insurance for the Project Director, including worker's compensation insurance. Seniors shall be responsible for all employment expenses of the other employees or volunteers working under this agreement. 13, Worker~' Compensation Seniors and District acknowledge that they are aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for Workers' Compensation in accordance with the provisions of that Code and certifies that it will comply wtth such provisions before commencing the performance of this Contract. Workers Compensation Insurance shall be provided by Oistrict for the Project Director only, and by Seniors for all employees of Seniors. 14. Nondiscriminatory Services During the performance of this Agreement, and within the limits set forth herein, District and Seniors agree that the services provided shall be available to all eligible patrons regardless of race, sex, age, religion, color, ancestry, marital status, physical disability, national origin, or medical condition. Town of Truckee Paratransit Services Agreement Page Twelve (12) 15. Interest of Public Officials No officer, agent, or employee of Truckee during their tenure or for one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. 16. Subcontractinn Seniors and District agree not to subcontract any portion of the work required by this Agreement without prior written approval of Truckee and the State of California Department of Transportation. 17. ~ Between the Parties It is specifically understood and agreed that District and Seniors are independent contractors and are not subject to the direction and control of Truckee except as to final result. It is further agreed that this Agreement is not intended to create a partnership between any of the parties to it. Seniors and District both agree to indemnity and hold Truckee harmless from any liability which it may incur to the Federal or state governments as a consequence of this Agreement. 18. Amendment This Agreement may be modified only by written agreement of all three parties. 19. Waiver The failure of any party to enforce a provision of this Agreement is not a waiver of its right subsequently to compel enforcement of that provision or of any other provision. 20. Termination If District or Seniors fails to provide in any manner the services required under this Agreement or otherwise fails to comply with the terms of this Agreement or violates any ordinance, regulation, or other law applicable to its performance herein, Truckee may terminate this Agreement by giving five (5) days written notice to each of the other two parties to this Agreement. Town of Truckee Paratranslt Services Agreement Page Thirteen (13) District and Seniors shat1 be excused for failure to perform services herein If such services are prevented by acts of God, strikes, labor disputes, or other forces over which District or Seniors has no control. Any party thereto may terminate this Agreement for any reason by giving thirty (30) days written nottce to the other parties. In said event the State of California Department of Transportation shall be provided with a copy of said notice. 21. Jurisdiction and Venue This contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Nevada County, California. 22. Comoliance with AoDlicable Laws Seniors and District shall comply with any and all federal, state, and local laws affecting the services covered by this Contract. 23. Political Activities Seniors shall in no instance expend funds or use resources derived from this Agreement on any political activities. 24. Non-Profit Status Seniors is registered as a non-profit corporation with the Secretary of State;s offlce and possesses a "Letter o~ Qood Standing" Prom ~ecretary of ~tate~s o~ice. Seniors covenants that it will keep such status in effect during the full term of this Agreement. 25. Successors ~d Assiqns This Agreement shall inure to the benefit of and be binding on the successors and assigns of the parties hereto. Town of Truckee Paratransit Services Agreement Page Fourteen (14) 26. Notice Notice shall be served to each party at the following addresses: Truckee: Town of Truckee Attention: Bill Masonheimer, Acting City Manager P.O, Box 2884 Truckee, California 96160 District: Tahoe Forest Hospital District Attention: Jerry Harris, Assistant Administrator P.O. Box 759 10121 Pine Avenue Truckee, California 96160 Seniors: High Sierra Senior Citizens, Inc. Attention: Project Director P.O. Box 2774 10040 Estates Drive Truckee, California 96160 IN WITNESS THEREOF, the parties hereunto have executed this Agreement on the date first above written. APPROVED AS TO FORM Counsel, Town of Truckee APPROVED: TOWN O.F- ~E , DISTRICT ~b_9~Forla~J~ospital District SENIORS M er, High Sierra Seniors Inc. Month July August September October November December January 1994 February March April Nay June EXHIBIT "A" Maximum ~Qmeensatio~ $7,021 7,021 7,021 7,021 7,021 7,021 7,021 7,021 7,021 7,021 7,021 7,027 HIGH SIERRA SENIOR CITIZENS, INC. Transportation Program Budget, Fiscal Year 1993/94 EXPENSES Salaries Taxes Benefits Rent Telephone Office Expense Travel and Training Advertising Repair and Maintenance Vehicle Operations Memberships Insurance License and Tax Accounting Fees/Equipment Non-Expendable Equipment Expendable Equipment Outstde Services Other Supplies $68,652 6,865 7,613 4,800 700 700 1,000 35O 5,000 8,000 150 9,100 100 870 2,000 500 500 100 INCOME TDA Grant - Town of Truckee TDA Grant - County of Nevada Fare Recovery - 16% $117,000 84,258 14,022 18,720 EXHIBIT "B" Minimum accounting requirements as prescribed by the Town of Truckee: 1. All funds shall be deposited in a separate bank account. 2. Quarterly expenditure reports shall be submitted to Truckee with copies to the Finance Director. Expenditures shall be reported in such a format so as to facilitate easy comparison with the budget, Said monthly expenditure reports shall be submitted within fifteen (15) working days of the end of the quarterly reporting period. If said report is not timely filed or accurately submitted, Truckee may withhold future payments. 3. A cash receipt journal shall be maintained by Seniors with copies of all deposit slips. 4. A cash disbursement journal shall be maintained by Seniors in sufficient detail to support the monthly expenditure reports. 5. The accounting records shall be reconciled to the bank statement each month. 6. At the end of the contract period, a certified copy of the year-end audit shall be submitted to the Truckee Finance Director. EXHIBIT C Eligibility for service criteria per The Americans with Disabilities Act of 1990; source is ADA PARATRANSIT HANDBOOK, U.S. Department of Transportation Federal Transit Administration (FTA) Document FTA-MA-06-0206-91-1; "Implementing the Complementary Paratransit Service Requirements of The Americans with Disabilities Act of 1990" September, 1991. The following are verbatim excerpts from above referenced source. Section 2-3 "To Whom Must Complementary Paratransit Service be Provided?" The regulations identify three categories of individuals who are eligible for complementary paratransit service. These persons are considered "ADA eligible". Each public entity providing complementary paratransit service must establish a process for determining ADA paratransit eligibility. Category One: "Any individual with a disability who is unable, as a result of a physical or mental impairment {including a vision impairment), and without the assistance of another individual {except the operator of a wheelchair lift or other boarding assistance device) to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities". Category Two "Any individual with a disability who needs the assistance o~ a wheelchair li~t or other boarding assistance device and is able, with such assistance, to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route of the system during the hours of operation of the system at a time, or within a reasonable period of such time, when such vehicle is not being used to provide designated public transportation on the route". Category Three "Any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system".