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Home My WebLink AboutMINUTES - 06101986 - 2.5 TO: BOARD OF SUPERVISORS FROM: HARVEY E. BRAGDON, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: June 2, 1986 SUBJECT: 30 Z Line, Approve JEPA with WEST CAT and Authorize a Maximum Payment of $25,000 to WESTCAT. Specific Requests or Recommendations & Background & Justification RECOMMENDATION Approve the attached Martinez-Richmond Service Aa_reement with WESTCAT for providing transit service, 30 Z Line. FINANCIAL IMPACT Authorize a maximum payment of $25,000. These funds were added to the FY 1985-86 Public Works Budget prior to its approval by the Board. REASONS FOR REC"ENDATION/BACKGROUND In March 1985, 30 Z Line Technical Advisory Committee recommended that 30 Z Line transit service be provided by WESTCAT and funding for this service be provided by contributions from AC Transit (25%) , BARTD (25%), Contra Costa County (25%), Central Contra Costa Transit Authority (12.5%) and WEST CAT (12.5X) . Subseauently, Contra Costa County's contribution in the amount of $2.5,000 was approved in the County's Public Works Budaet for the FY 1985-86 (Ora. #04525-2310) . A Joint Exercise of Powers Aareement (JEPA) has now been finalized with the WEST CAT. This agreement (attached) has been signed by the WEST CAT and approved by the COUNTY COUNSEL AS TO FORM. It is recommended that the Board approve the JEPA and authorize a maximum payment of $25,000 to WESTCAT per JEPA. CONSEQUENCES OF NEGATIVE ACTION The most needed 30 Z Line service may have to be disconti 4uwitou contribu- tion. Continued on attachment: yes Sionature: Recommendation of County Administrator .....I Pecqmmen ion f Board Committee Approve Other: Signature(s): Action of Board on: /D , /y�G Approved as Recommended /Other_ Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN I/ Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested Orifi. Div. : TP PH BATCHELOR, CLERK OF cc: Public Works TH BOARD OF SUPERVISORS County Administrator AND COUNTY ADMINISTRATOR (b.o.30Z.t6)TSK:dsp B n yDE DEPUTY CXER MARTINEZ - RICHMOND SERVICE AGREEMENT THIS AGREEMENT made and entered into this /6 day of 4�� , 1984, by and between the Western Contra Costa County Transi Authority, hereinafter called WestCAT, and Contra Costa County, hereinafter called County. WITNESSETH: WHEREAS, WestCAT has agreed to operate the 30-7 bus line between the City of Martinez and Richmond for the period July I , 1985 through June 30, 1986; and WHEREAS, County has agreed to provide a portion of the subsidy required to fund the expenses of operations for that period. NOW, THEREFORE, for and in consideration of the mutual promises herein contained, the parties hereto agree as follows: 1. WestCAT will be responsible for the day-to-day operations and administra- tion of the 30-Z bus line under the guidance of the Technical Advisory Committee made up of representatives from the County, Alameda-Contra Costa Transit District, Bay Area Rapid Transit District and Central Contra Costa Transit Authority. WestCAT will , at a minimum, provide: A. All necessary equipment including vehicles , radios, and fare boxes; B. All maintenance of the vehicles; C. All marketing and public information services; and D. All financial and operating statistics reporting. E. Administer a contract with Community Transit Services for the operation of the 30-Z bus line. 2. The County will pay for twenty-five (25) percent of the total operating costs less any and all fare box revenues. These payments- will be made quarterly, in advance, to WestCAT as per the adopted budget attached. Any excess subsidies will be returned to the County within forty-five (45) days following a quarterly audit of the project records. If the cost of. the service exceeds the budget the County will provide twenty-five (25) percent of that additional cost upon approval of the Technical Advisory Committee. 3. WestCAT will provide periodic financial and operations reports and will coordinate meeting of the Technical Advisory Committee. 4. WestCAT shall investigate, defend, indemnify, and hold County, its officers, agents , and employees harmless from all claims , demands , suits, loss, damages, injury and liability, direct or indirect (including any and all costs and expenses in connection therewith) , incurred by reason of any act, or failure to act, of WestCAT, its officers, agents, employees and subcontractors , or any of them, under or in connection with this Agreement; and WestCAT agrees at its own cost, expense and risk to defend any and all claims , actions, suits , or other legal proceedings brought or instituted against County, its officers, agents, and employees , or any of them, arising out of WestCAT's services, and to pay and satisfy any resulting judgments. WestCat shall require, in any subcontract, that the subcontractor shall defend, indemnify, and hold the County harmless in the same manner as it does WestCat. This indemnification shall not extend to any matters arising out of fares, service schedules, service routes, budget and service hours except that WestCAT's duty to defend County shall extend to any suit which results from any of these excluded matters in which County is named as a defendant. 5. INSURANCE REQUIREMENTS: A. General Liability, Worker' s Compensation, and Employer' s Liability: WestCAT shall provide at its own cost and expense and shall maintain in effect at all times during the life of this Agreement, the following insurance, which may contain self-insurance retentions subject to County approval of funding. Should any work covered by this Agreement be subcontracted, WestCAT shall require each subcontractor of any tier to similarly provide such coverage. 1. Comprehensive General Liability Coverage, including Contractual Liability (which expressly includes liability assumed under this Agreement) and Personal Injury Liability, Personal Injury Liability and Comprehensive Automobile Liability in an amount not less than $5 million per occurrence. 2. Workers' Compensation Insurance as required by the laws of the State of California to statutory limits for all employees to be engaged in the work under this Agreement. 3. Employer' s Liability Insurance for a limit of not less than $1 million per occurrence for all employees to be engaged in the work under this Agreement. B. Notice of Modification of Coverage: Under the policies of insurance described above, each policy shall contain a provision requiring thirty (30) days ' written notice submitted by registered mail from the insurance carrier(s) to County, 651 Pine St.- 5th Floor, Martinez , California 94553, prior to any cancellation or reduction in coverage. C. Additional Insured, Endorsement: 2 Under the policy(s) of insurance described in Item 1, of Paragraph A, each policy shall contain the following provisions: 1. County, its officers, representatives, agents and employees shall be included as additional insureds with respect to work or operations in connection with this Agreement:' 2. Endorsement providing that such insurance is primary insurance and no insurance of the additional insureds shall be called on to contribute to a loss. 3. All such policies shall be endorsed with a severability of interest or cross-liability endorsement , reading generally as follows: Cross-Liability - In the event that one of the insureds incurs T'iabiT ty to any other of the insureds, this policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured. Nothing contained herein shall operate to increase underwriters' limit of liability. D. Deductible: Deductible amounts to all losses covered by insurance shall be borne by WestCAT. E. Certificates: Upon execution of this Agreement, WestCAT shall furnish certificates satisfactory to County as to contents and carriers of such in- surance. F. The foregoing requirements as to the types and limits of insurance coverage to be maintained by WestCAT and approval of policy(s) by County are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by WestCAT pursuant hereto, including, but not limited to, liability assumed pursuant to Article 4 of this Agreement. 5. This agreement shall remain in full force and effect until June 30, 1986. By March 1, 1986, if a` one-year extension of this agreement is desired, WestCAT shall submit to the County a written request for such extension. By May 1, 1986, the County shall notify WestCAT whether or not and to what extent a new contract can be negotiated. Either party may terminate this agreement at any time by giving the other party 90 days ' written notice of termination. 3 6. Entire Agreement. This instrument is the entire agreement of the parties. CONTRA COSTA COUNTY Phil Batchelor, County Administrator to Approved as to form: Victor J. Westman County Counsel WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY Ch irma , Board of Directors Date Transit Manager cd,30Z.agreement (2.14.86) MS:ly 4 MARTINEZ LINK OPERATING BUDGET FISCAL YEAR 1985-86 EXPENSES Operations Contract $ 49, 800 Insurance 8,200 Fuel 12 , 800 gals @ $1.11/gal 14,200 Marketing 11500 Maintenance 66,300 miles @ $"0. 43/mile 28,500 Administration (73 ) 71100 Miscellaneous (2.5% ) 2,700 Contingency 25, 000 TOTAL $ 137,000 REVENUES Farebox A.C. Transit ( 25% ) $ 28 , 000 BART (25$) 28,000 Contra Costa County (25% ) 28,000 CCCTA (12. 58 ) 14 , 000 WCCCTA (12.58 ) 14, 000 TOTAL $ 137x000