The URL can be used to link to this page

Home My WebLink About4.07 Paratransit Agreement t CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 28, 1988 SUBJECT Paratransit Services Agreement with the Livermore- Amador Valley Transit Authority EXHIBITS ATTACHED Letter from Vic Sood dated March 21 , 1988 ; Letter from Metropolitan Transportation Commission dated March 16 , 1988; Agreement RECOMMENDATION Approve agreement and authorize Mayor to execute same . FINANCIAL STATEMENT: In Fiscal Year 1987-88, the City will save approximately $12 ,000 and $14,600 in subsequent years . The cost of one-zone fares to riders will be decreased from $ . 75 per zone to $ .50 per zone. The City' s Transportation Development Act money would be claimed directly by the Livermore-Amador Valley Transit Authority. DESCRIPTION At its meeting of March 14, 1988, the City Council authorized the City' s withdrawal from the San Ramon, Danville, Dublin Paratransit JPA and authorized Staff to pursue a contract with the Livermore-Amador Valley Transit Authority for paratransit service beginning Fiscal Year 1988-89 . This approval was pending a favorable determination by the Metropolitan Transportation Commission on the competitive bidding requirements . The City has been notified by MTC and LAVTA that LAVTA has met the competitive bidding requirements and may contract paratransit services to the City of Dublin beginning Fiscal Year 1988-89. LAVTA has also been successful in getting funding for a van to provide service to Dublin. It is Staff ' s recommendation that the City Council approve the attached agreement and authorize the Mayor to execute said agreement . COPIES TO: Vic Sood, LAVTA General Manager ITEM NO. 4: 7 Livermore Amador galley Transit Authority 87 Fenton Street RECEIVED Suite 200 Livermore, CA 94550 MAR 2 3 1988 415 449.3322 CITY OF DUBLIN March 21, 1988 Mr. Richard C. Ambrose City Manager City of Dublin P.O. Box 2340. Dublin, CA 94568 RE: Paratransit Services Agreement Dear Richard: I wish to thank you for your letter dated March 15, 1988, and am pleased that the Dublin City Council has authorized the City to contract for paratransit services from LAVTA. As you are aware, the Metropolitan Transportation, Commission has notified us that their Legal Counsel will permit LAVTA to incorporate the Dublin Paratransit Service under its existing service contract without the need of further competitive bidding. (See Attachment "A") . I am enclosing a copy of the final draft agreement. This agreement will be presented for approval to a special meeting of our Board of Directors on Monday, March 28, 1988. I take this opportunity of thanking you and Phillip Molina for your assistance, and we are looking forward to providing Paratransit Service in Dublin on July 1, 1988 . With my good wishes. Sincerely, Vic Sood . General Manager VS:br Attachments : 1 . Letter from Mr. EmilioEscudero of MTC to Vic Sood, dated 4rtilo March 16, 1988 2 . Agreement between City of Dublin and LAVTA THE 'SZS' • WAY TO GET • AROUND (Attachment "A") METROPOLITAN r TRANSPORTATION COMMISSION METROCENTER ' 101 8TH STREET OAKLAND,CA 94607 (415)464-7700 March 16, 1988 Alameda County ALEX GIULIANI -- - ROBERT G.KNOX Contra Costa County Mrs./ Vi renda K. Sood ROBERT I.SCHRODER LAVTA TA STEVE WEIR 87 Fenton Street Marin County Livermore, CA 94550 ROBERT B.STOCKWELL, Dear Vic: Napa County KATHLEEN McCULLOUGH. I am pleased to notify you that MTC Counsel will permit LAVTA to City and County incorporate Dublin paratransit service. under its existing service DoRISW.KAHN -contract without the need of further competitive bidding. Chair CAROL RUTH SILVER Attached for your information is MTC Counsel's opinion. ' s San.Mateo County JANE BAKER Sincerely, TOM NOLAN Santa Clara County JAMES T.BEALL,JR. ' ' RODDIRIDON Emilio Escudero Vice Chair Transit Coordinator Solano County JAMES SPERING Sonoma County EE:ndg ` WILLIAM R.LUCIUS Attachment Association of Bay Area Governments cc: Phillip S. Molina, DIANNE McKENNA City of Dublin , - - S.F.Bay Conservation and Development Commission ANGELO J.SIRACUSA (6004a) State Business, Transportation and • Housing Agency BURCHBACHTOLD U.S.Department of Transportation - RECEIVED . ROBERT E.MAYER MAR 17 i9e$ Executive Director LAWRENCE D.DAHMS - • - - • - l iVERMORE/TAMAD�lOr1R V�AyLLEY Deputy Executive WILLIAM M N J MTC Mt f KOP<)LI r.�N METROCENTER icri• 8TH STREET IRwo..p )KrArlON LEAA® RAMrVi OAKLAN D,CA 94607 cO %imi tisf O N (415)464-7700 To: Emilio Escudero Date: March 14, 1988 Fr: Associate General Counsel 1001-20-01 Re: Public Utilities Code § 99277 - LAVTA I have reviewed the materials supplied by Vic Sood, General Manager of the Livermore/Amador Valley Transit Authority (LAVTA) in support of LAVTA's desire to include paratransit service to the City of Dublin in its contract with Laidlaw Transit, Inc. , beginning on July 1 , 1988. LAVTA would like to direct Laidlaw to begin such service on July 1st without further competitive bidding. LAVTA's counsel , Mr. Keith Fraser, has provided LAVTA with a legal opinion, stating that the Dublin service extension was included by inference in the RFP which resulted in the selection of Laidlaw Transit to be LAVTA' s transportation service provider. He concludes that "the contract for Dublin Dial-A-Ride Paratransit Bus Service commencing July 1 , 1988 has been let by competitive bidding and . . . nothing further need be done to comply with PUC § 99277." We can permit LAVTA to proceed with the service extension to Dublin without further competitive bidding, with the understanding that MTC neither agrees nor disagrees with LAVTA' s interpretation of its competitive bidding procedures. The competitive bidding requirements imposed by Section 99277 are those applicable to the LAVTA procurement according to state or local law. LAVTA may direct Laidlaw to initiate paratransit service in Dublin on the basis of its attorney' s legal opinion that such competitive bidding requirements have been satisfied. j/7.1/11h4 Melanie Morgan MM:lt:9305L32 cc: Don Morgan Jay Miyazaki RECEIVED MAR 17 1998 UYERMORE/AMADOR VALLEY TRANSIT AUTHORITY AGREEMENT This Agreement is entered into this day of 1988 by and between the Livermore/Amador Valley Transit Authority (hereinafter referred to as "AUTHORITY" and the City of Dublin, a .Municipal Corporation (hereinafter referred to as "CITY" ) . WHEREAS, in May 1985 , under California Government Code 6500 et seq. , a Joint Exercise ofzPowers Agreement was executed by and between the County of Alameda, the City of Dublin, the City of Livermore and the City of Pleasanton, creating the Livermore/Amador Valley Transit Authority, as a separate and distinct public entity from member jurisdictions; WHEREAS, pursuant to the provisions of the Joint Exercise of Powers Agreement, the member jurisdictions desired to jointly exercise such powers to provide public transportation within the service area and to claim.-and utilize all forms of regionally allocated, State, Federal or other grants or revenues, including Transportation Development Act Funds, available to member jurisdictions for such purpose; WHEREAS, pursuant to the provisions of the Joint Exercise of Powers Agreement, AUTHORITY has powers unto itself which have been granted by the participants for the purpose of providing public transportation and the common powers provided in the Joint Exercise of Powers Agreement shall be jointly exercised to provide the service area with coordinated public transportation services; x WHEREAS, pursuant to the provisions of the Joint Exercise of . Powers Agreement: i. Any member agency may provide additional funding to .AUTHORITY for special transportation services equal to their costs. In that event, AUTHORITY .. will provide enhanced service levels to that member jurisdiction in proportion to the additional funding provided. : ii. AUTHORITY may exercise all or a portion of the powers set forth in paragraph 8a to provide transportation other than for, the general public ` (e.g. , elderly, handicapped and other special transportation needs as currently provided for in Livermore, in Dublin, and in Pleasanton) and will maintain current levels of service. NOW, THEREFORE, in consideration of the foregoing recital and covenants and agreements of each of the parties herein set forth, the parties hereto agree as follows: SECTION 1 . Effective July 1, 1988,. AUTHORITY will assume ,.;:.,_ operation of .CITY'`s Dial-A-Ride Paratransit Serviceforspecil transportation of elderly and handicapped persons. . ,SECTION 2. For FY 1988-89 only, ` Dublin shall provide funding in an amount not to exceed Two Thousand Dollars, to offset any • deficit for the Dublin Diai-A-Ride Service provided by AUTHORITY. 1 .6 • SECTION 3 . CITY shall complete an independent Fiscal Audit for FY 1987-8'8 of the operation of the Dial-A-Ride system in accordance with the State law and transmit the Fiscal Audit Report to Metropolitan Transportation Commission, California Department of Transportation, the Alameda County Treasurer and AUTHORITY by December 31, 1988 . SECTION 4 . CITY shall complete the State Controller' s Fiscal Report for FY 1987-88 for the operation of the Dial-A-Ride system and transmit this report to the State Controller' s office, the Metropolitan Transportation Commission and AUTHORITY by September 30, 1988 . SECTION 5 . CITY shall complete all applicable reports for FY 1987-88 specified by the Metropolitan Transportation Commission, including MTC Form 10Q and transmit these reports to the Metropolitan Transportaton Commission and AUTHORITY. SECTION 6 . CITY shall transfer to AUTHORITY copies of the following records and reports of CITY' s Dial-A-Ride system for the period FY 1983-84 through 1987-88 . a. Quarterly MTC Form 10Q and Performance Reports b. State Controller' s Reports c. Fiscal Audit Reports • SECTION 7 . At the request of either party to this Agreement, any dispute arising from this Agreement shall be submitted to binding arbitration to be paid for entirely by AUTHORITY. -3- • e SECTION 8 . - (a) AUTHORITY hereby agrees to indemnify and hold CITY, its officials, directors, employees and agents harmless from and against any and all losses, liability, expense, claim, costs, suits and damages of any kind, nature and description, directly or indirectly arising from the terms of this Agreement. (b) CITY hereby agrees to hold AUTHORITY, its officials, directors, employees and agents harmless for all liabilities, claims, suits and damages of any kind incurred or filed against CITY' S Dial-A-Ride system prior to July 1, 1988 . SECTION 9 . If any provision of this Agreement :or the application thereof to any person or circumstances is rendeled or declared illegal for any reason or shall be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent permitted by applicable law. The parties agree to negotiate in good faith for a proper amendment to this Agreement in the event any provision hereof is declared illegal, invalid or unenforceable. • -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers and representatives as of the date indicated. CITY OF DUBLIN A Municipal Corporation DATED: BY: Mayor ` LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY DATED: BY: Chair APPROVED AS TO FORM: CITY ATTORNEY LAVTA ATTORNEY • • -5-