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HomeMy WebLinkAboutAGENDA REPORT 1987 1216 CC REG ITEM 08CJOHN GALLOWAY Mayor ELOISE BROWN Mayor Pro Tern CLINT HARPER, Ph.D. Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk THOMAS P. GENOVESE City Treasurer TO: FROM: DATE: SUBJECT: Backq_round: MOORPARK MEMORANDUM The Honorable City Council icy i� ITEM 2. 6 STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police MOORPARK, CALIFORNIA City Cc�,,Icii h4ecting Thomas P. Genovese, Deputy City Manager of a' -��'.- -193 December 10, 1987 ACT 1ON; Agreement for Moorpark Bus Service By —2D The City of Moorpark jointly with the City of Thousand Oaks is currently operating the bus service for the respective cities. The transit operation has been operated by the City of Moorpark and the City of Thousand Oaks since the 1984 -85 Fiscal Year. Attached for the City Council's consideration is the proposed Agreement with the City of Thousand Oaks and Laidlaw Transit, Inc. for the current fiscal year and fiscal year 1988 -89. The proposed agreement is essentially the same as the Agreement in effect for the 1986/87 fiscal year. One inclusion in the agreement that is noteworthy is contained in Item 10. Farebox. The City of Thousand Oaks is requesting the City of Moorpark to split the cost of a farebox which has an approximate cost of $500. The purpose for the addition of the farebox is to insure the safety of the driver and security of the revenue. Key items that remain in effect with the proposed agreement are retention of rates applicable for the consideration to Carrier for services rendered and payment schedule (shared cost on equal basis by each City) for bus service operations. The initial draft agreement has been reviewed by the City Attorney's office. Amendments were forwarded to the City of Thousand Oaks and all amendments have been included in the final agreement. Recommended Action: Approve proposed Agreement for Moorpark Bus Service and authorize the Mayor and City Clerk to execute on behalf of the City. TPG:jfd /Attachment 799 Moorpark Avenue Moorpark, Caiifomia 93021 (805) 529-6864 c'��Ifp N� DEPARTMENT OF PUBLIC WORKS November 13, 1987 Mr. Tom Genovese City of Moorpark P.O. Box 701 Moorpark, CA 93021 re: Thousand Oaks /Moorpark Bus Agreement Attached is the new version of the proposed agreement incorporating the various changes. Let me know if you have any questions. By copy of letter, I am also forwarding a copy of the new version to Laidlaw for review. Very truly yours, CITY OF THOUSAND OAKS J. Louis Scherer, Director Department of Public Works Carol Williams Management Assistant CW /bd Attachment cc: Laidlaw, w /encl. 1 h 1987 ���I�0RDlir 401 WEST HILLCREST DRIVE POST OFFICE BOX 1496 THOUSAND OAKS, CALIFORNIA 91360 (805) 497 -8611 AN AGREEMENT FOR THOUSAND OAKS /MCORPARK BUS SERVICE THIS AGREEMENT is made and untered into by and between the CITY OF THOUSAND OAKS, a municipal corporation ( "Thousand Oaks "), the CITY OF MOORPARK, a :..uniciaal corporation ( "Moorpark "; and LAIDLAW TRANSIT, INC., a California corporation ( "Carrier "). Thousand Oaks and Moorpark are also herein sometimes collectively called the "Agencies ". 1. Definitions Carrier is hereby hired jointly by the Agencies to provide, and Carrier agrees to provide, a bus service for the Agencies upon the following terms and conditions: Carrier Responsibilities Carrier shall provide the bus service between the City of Thousand Oaks, the City of Moorpark, and Moorpark College according to the schedule marked "Exhibit A" which is attached hereto and made a part hereof, and as may be amended from time to time by the Agencies. The Agencies may from time to time, by written notice to Carrier signed by Thousand Oaks adjust or change the starting and stopping points, the routing, the time periods, and the hours of service shown on Exhibit A. 3. Days and Hours of Operation The bus service shall be provided Monday through Friday, excluding the following seven legal holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, or as approved by Agencies and Carrier. The total number of hours of bus service that Carrier shall provide each day shall be computed from the time the service for tnat aay is scheduled to begin or from the time the bus actually arrives at the scheduled starting point., whichever is later, to the time when t::e b,:s ccr..plet:es its last stop of the last rur. at the end of the d,iy. Vehicle Requirements Carrier :,,:1'_ hU ✓e :vr._ :, .0 ac all tir..es a transit or highway coach havi:;g a capacity of at :east 24 passengers, equipped with a two -way radio. Veh_c:les shall be clearly marked as determined by the Agencies regarding the name and general destination of the service. Carrier may use a van having a seating capacity of not less than 12 passengers during days of off -peak ridership during the year if approved by both Agencies. The van must bo equipped with a two -way radio. Vehicle Maintenance Carrier Shall maintain vehicles as follows: a. Carrier shall be responsible for keeping vehicles in a clean, orderly and safe condition including exterior washing at least weekly and polishing, as necessary, and interior window washing at least weekly. Vehiclas shall be swept or vacuumed and all dirt, dust, litter and debris removed daily. b. Carrier shall maintain all vehicles in a high state of repair with particular attention to brakes, tires and safety equipment. -2- C. All vehicles r,.ust be certified by the California Highway Patrol (CHP) or as deemed necessary by 'Thousand Oaks, and copies of the CHP reports must be provided to Thousand Oaks. Carrier will provide notice to the City of Thousand Oaks in writing of any change in the CHP rating of any vehicle used on this bus system within forty eight (48) hours of the change. d. Carrier will :Hake available to Agencies upon request all maintenance and repair reports for vehicles covered under this contract. e. All vehicles shall be properly registered and licensed, and Carrier will provide Agencies with proof of same, if requested. 6. Notification of Vehicle Chances Recuired Carrier will notify Agencies of any temporary or replacement vehicles within two (2) hours of i.itiating their use or if any vehicle is found to be unsafe. 7. Driver Requirements and Responsibilities a. Carrier shall have the _ -esponsibility to ensure that all drivers possess a valid California Class II drivers license for the operation of ',:he type of vehicles to be used. b. Carrier will provide thorough training for all personnel for the proper performance of their duties. Carrier's training program shall include, at a minimun, the National Safety Council Defensive Driving Course and specific training and instruction dealing with transporting the elderly, handicapped and mobility impaired individuals. This Training program must be described fully and submitted to Agencies for review. C. Agencies shall have the right to ask for the temporary or permanent removal from providing any of the services described herein of any personnel furnished by Carrier for any reasonable cause (not to be construed as re- questing removal from Carrier's employment). All personnel shall be employees of Carrier and Carrier shall be solely responsible for payment of all employees' wages and benefits. Carrier, without any expense to Agencies, shall faithfully comply with the requirements of all applicable state law, including but not limited to with respect to employee liability, worker's compensation, unemployment insurance and other forms of social security. Carrier shall also be responsible for withholding of income tax at its source from employees' wages and, furthermore, Carrier shall defend, indemnify and hold the Agencies, their elected officials, officers, employers and agents harmless from all claims, lawsuits, demands, judgments, damages costs and expenses of any nature from alleged violation of such laws or from claims of subrogation provided in such en- actments or otherwise. d. Carrier shall _ _ .�:n:e a written report of any delay over 30 minutes, and any b.is malfunction and present it to the City of rhousand Oaks %,,i.thi.n 3 days of occurrence. Any accident involving property d;iit; age or personal injury shall be reported to Agencies within 2,; ho.irs of occurrence. e. The following s.:.11 !�u minimum service require- ments and driver responsibilities. ?'allure to carry out one, or any combination of these responsibilities shall result in -3- the drwver or drivers being prohibited from driving any vehicle covered by this Agreement, unless subsequently approved in writing by Agencies. , (1) neat, clean be allowed. Drivers shall wear approved uniform and appear and well groomed. No sandals of any kind will (2) Drivers shall teous to passengers. (3) Drivers sirall are required. (4) Drivers shall proper fare in the firebox. (5) Drivers shall specified by Agencies. (6) Drivers shall (7) Drivers shall or holding hard rails, before (8) Drivers shall passengers. consistently be helpful and cour- notify passengers when transfers :awake sure that passengers place the count all passengers in a manner operate the bus safely and legally. make sure passengers are seated, pulling out from a stop. assist elderly and handicapped (9) Drivers shall not allow animals on vehicles except: (a) seeing eye dogs, (b) Nearing ear dogs, or (c) small animals contained in an accepted transport cage. (10) Drivers should refuse rides to unruly passengers. If a passenger becomes unruly after boarding, drivers may request a passenger to get off the vehicle. If the passenger refuses to disembark, then drivers should contact Thousand Oaks for assistance. (11) Drivers shall not deviate from routes and schedules without approval of Agencies. (12) In cases of emergency, drivers shall contact either City and Carrier for assistance. (13) Drivers shall make sure the bus stays on schedule but never ahead of schedule. Drivers should use any layover time scheduled to offset traffic delays. :(14) Drivers should submit.suggestion for service improvement to the Agencies via Carrier, . (15) Drivers must obey all traffic laws and ordinances, 6. Consideration to Carrier For satisfactory performance of the service described in this contract, Agencies agree to pay Carrier for.said.servi_ces twenty one dollars and fifty- ;.'ive cents ($21.55) per hour of operation for the transit or ii;:;way coach and nineteen dollars and eighty -eight cents ($19.88) per hour of operation for the smaller van.from the time the service for that day is scheduled to begin or from the time the bus actually arrives at the scheduled starting point, whatever is later, to the time when the bus completes its last drop -off point of the last run at the end of the day or as agreed upon by Agencies and Carrier in writing. The above hourly rate, to be paid to Carrier by Agencies ma, be ad usted as or the first day of July, 1986 in accordance with t e April to April fluctuations, if any, the Bureau of Labor Statistics Consumer Price Index All Urban Consumers, All.Items, for the Los Angeles -Long Beach Area (hereinafter CPI). The adjusted rate to be based on 1008 of the CPI, with the increase not to exceed 5% in any year. The above hourly rates, to be paid to Carrier by.Agencies shall be renegotiated if a ten percent (108).variarnce in existing schedules occurs, 9. Equipment, Supplies and Materials Thousand Oaks shall provide the following facilities, equipment, supplies and materials: (a) A parking area or the bus cr buses when not in use. Thousand Oaks does rot warrant the security of the vehicles while in the parking area. Carrier shall assume complete liability for all risk of loss or damage to any vehicle so parked, shall defend and hold the Agencies their elected officials, officers, employers and agents harmless from any such loss or damage. (b) An area at the Thousand Oaks Municipal Service Center for washing Carrier vehicles. (c) Bus schedules and related materials. (d) Fuel for any vehicles covered by this contract, and no more than one (1) quart of oil per week for the service covered by this contract. 10. Farebox Thousand Oaks and boorpark agree to provide one (1) farebox for the vehicle. Agencies will split the cost of the farebox on a 50/50 basis. Carrier agrees to provide fareboxes secured from theft in all back -up vehicles. 11. Drug and Alcohol Policy Carrier's entire drug and alcohol policy attached hereto as Exhibit S, shall be _fully incorporated into this agreement. Carrier shall have the sole responsibility for implementation of said policy and shall defend and hold Agencies their elected officials, officers, employers and agents harmless from any liability, claims, demands, judgments and lawsuits arising From said implementation. 12. Insurance Carrier, at its sole expense, shall at all times maintain insurance coverage o: every :pus and driver provided under this Agreement in amour:ts not less that: the following: Cove race Autcmobile Dodily injury Property Damage Liability Contractual Liability Limits of Liability $5,000,000 each person $5,000,000 each occurrence $5,000,000 Carrier's insurance policy or policies shall name each of the Agencies and their officials, employees, and agents, as additional insureds thereunder. Carrier shall file with the City Clerk of Thousand Oaks and with City Clerk of Moorpark certificates, executed by its insurance carrier or carriers, evidencing that the above minimum amounts of insurance are in effect, that each of the Agencies, their officials, employees, and agents, are additional insureds thereunder, and that as to each such additional insured the insurance is primary insurance, The certificate shall also contain a statement that the insurance evidenced thereby may not be cancelled nor the amounts and coverage reduced until 30 days after receipt by both the Agencies notifying each of them of such cancellation or reduction in coverage. The limits of Carrier's insurance policies shall not be construed as limiting in any manner any obligation assumed by Carrier under this Agreement or any liability incurred by Carrier in its performance under this agreement. 13. Indemnification Carrier shall defend, i nderinify and hold each of the Agencies, their officials, employees, and agents, harmless from every claim, demand, or action which may be made or brought by anyone by reason cf any injury to a person, including -5- death, or to property which is directly or indirectly caused by, or which is alleged to be caused by, any act or omission of Carrier, its officers, employees, and agents, in its performance under this Agreement. 14. Limitations of Agencies' Liability Carrier is hired under zh1 s Agreement as an independent contractor and Carrier, its officers, employees and agents are not, nor may they be considered in any manner to be, the agents or employees of Thousand Oaks or Moorpark. The Agencies shall not be bound by nor be liable for any act or omission of Carrier, its officers, employees, or agents. 15. Payment Schedule In consideration of t.. ".e i)',;s service to be provided and other obligations to be fulfilled by Carrier under this Agreement, the Agencies agree to pay Carrier, and Carrier agrees to accept from the Agencies, compensation for each hour of service provided by Carrier pursuant to this Agreement at the rates listed in paragraph 7 herein. Thousand Oaks shall pay Carrier on a monthly basis on behalf of both Agencies all payments to be made to Carrier pursuant to this paragraph. Carrier shall be paid by Thousand Oaks not later than 30 days following receipt by Thousand Oaks of Carrier's monthly invoice. Moorpark shall pay Thousand Oaks on a quarterly basis an amount equal to fifty percent (50 %) of the payments made in the preceding quarter by Thousand Oaks to Carrier pursuant to this paragraph plus; fifty percent (50 %) of all fuel and oil cost. Thousand Oaks shall bu paid by Moorpark not late17 than 30 days following receipt. 1)y rtoorpack of rhousand Oaks billing. 16. Determination of I•-ires The fare r.atos to be charged shall be determined by the Agencies. Carrier shall collect fares from individuals in accordance with the fare rate sc- nedule provided by Thousand Oaks arid, at such intervals, tines, and places as to which Thousand Oaks and Carrier may acsree, shall remit t -:e fare revenue collected by Thousand Oaks, Thousand Caks shall be responsible for the accounting of all fare revenue remitted and shall credit Moorpark for fifty percent (50 %) of the fares collected against their quarterly bill or as agreed upon by Agencies in writing. 17. Bus Siqns and Benches Moorpark shall be responsible within its boundaries, and Thousand Oaks shall be responsible within its boundaries, for the actual installation, maintenance, and removal of the bus signs and benches required for the bus service. Moorpark may purchase said signs from Thousand Oaks. 18. Contract Termination This Agreement, or portions thereof, may be terminated or cancelled in any one of the following manners: (a) By mutual agreement of the parties. (b) If at any time or times after commencement of the term of this agreement, in the sole subjective judgment of Agencies, Carrier fails for any reason to -6- proceed diligently with the performance of the services hereunder or fails to perform such services in accordance with the provisions herein, Agencies :nay, after giving 72 hours written notice to Carrier, and without prejudice to any other remedy Agencies may have, terminate this Agreement. The written notice shall instruct Carrier to cease its services as of a specified day, and Agencies shall have no further obligation to pay for services tendered or otherwise. (c) I_f in the sole sub-jective judgment of Agencies the safety of any person or persons is threatened due to the repeated carelessness of Carrier Agencies may be immediately released from all obligations of this Agreement upon written notice to Carrier. (d) In addition to the termination provisions specified above, this Agreement may be terminated by any party upon the giving of 30 days prior written notice of such termination to the other party. Such notice shall be deemed given as of the date it is delivered personally or deposited in the :Nail in stamped envelopes addressed as stated in Paragraph 19 hereof. 19. Delivery of Notice Any notice required to be given in writing or fares to be remitted under this Agreement may be transmitted by personal delivery or by mail, to the following addresses: To Thousand Oaks: J. Louis Scherer, Director Of Public works City of Thousand Oaks 401 P1est _llcrest Drive Thousand Oaks, CA 91360 To Moorpark: Stevan Xueny c:_,:y Manace Ci�y of %oorcark -;91) :;oorparK Avenue ::ocrpark, CA 93021 To Carrier: Earl Andriese, Division Manager Laidlaw Transit,Inc. 2557 Cortez Street P.O. Box 5625 Oxnard, CA 93030 20. Schedules Thousand Oaks shall, at its own expense, print ana distribute such copies of the bus schedules as it may, within its discretion, consider desirable. -7- 21. Advertising Thousand Oaks and Moorpark each, at their respective expense, may direct Carrier to do whatever advertising of the bus service they may respectively desire. 22. Contract Administration The individuals authorized --y paragraph 17 to receive notice on behalf of Thousand Oaks and Moorpark, respectively, are hereby author zed to -ster this Agreement c: behalf of Thousand Oaks ar.f Nioc .­­r'��, _ ect_ve_y, and to s_gn and send the notices re_ crrQd tc in ,:racrahs 2, 18 ( ), (c) and (d) respectively. 23. Teri: of Contract The term of this Agreement s: ^.all be for the period commencing July If 1987, and ending June 30, -989. This Agreement may be renewed upon s,-,ch terms and for such a period of time as may be agreed upon by the parties hereto. 24, Force rlajeure Except as specifically provided herein, the parties shall exercise every reasonable effort to meet the respective obligations hereunder, but shall not be liable for delays re- sulting from force majeure, acts of God, and other causes beyond the reasonable control of the parties, . 25 . Entirety of Agreement `:his agrecment is entire as to all of the performance to be rendered under it. Breach of any part of the perfor- marices to be rendered by Carrie:- s."all constitute a breach of the entire agreement and shall give Agencies the right to ter- minate this agreement and recover damages. In WITNESS WHEREOF, the parties :iereto have executed this Agreement of the dates stated below: C_TY OF THOUSAND OAKS Da to: SchiIlo, Xayor y of Thousand Oaks, ATTEST: Nancy A. Dillon, Citv Cler -: APPROVED AS TO FORY.: -- — ---- Mark G. Sellers, Cit, Attorney APPROVED AS TO AUNINISTPATiON: Grant R. Brimhall, City Manager Date ATTEST: CITY 0: MOOR DRY 3Y Maureen Wall, City Clerk Clint !-carper, Ph.D, Mayor LAIDLAW TRANSIT, INC. Date Earl Ancriese, Division. Manager 'rc'M 11.11 September 4, 1986 Page 1 of 8` ALCOHOL AND DRUGS POLICY Laidlaw has a firm commitment to its employees, the public, and our passengers, to proyio'e a health.), and safe workplace and operate the safest transportation system possible. LaiGlaw's goal is to achieve an alcohol and drug free workplace which we believe is necessary in order to safely manage school bus operations. Employees m !st he in a condition to perform their duties safely and efficiently at all times while at work. Our customers demand and expect Laidlaw to actively ensure that Grua abuse does not occur in the workplace. Employees must recognize that alcoho:, iiiega; drugs or controlled substances on the job, as well as off the job, ca:, adverseiv effect an employee's job performance and the safety of our opera llorls. To achieve the goal of obtaining a safe work place and safe transportation, Laidlaw will take the following actions: A. The e n ployee will be immediately terminated for any of the following: 1. Possessing, consuming, selling, or dispensing of alcoholic beverages on work time or on company property. 2. Possessing, consuming, selling, or dispensing of illegal drugs or controlled substances on work time or on company property. 3. Violating the drug controlled substances or alcoholic beverage laws or, the job. 4. Violating the drug control substances or alcoholic beverage laws off the Job; if doing so adversely affects the company. 5. Refusing to sign the drug /alcohol screening consent form. 6. Refusing to submit to a drug /alcohol screening test. i10 C. 1:61 PPM 11.11 September 4, 1986 Page 2 of 8 The employee will be requested to submit to a drug /alcohol screening for the following actions: 1. After a company official has estabiished a reasonable cause to believe that the en, ployee ;ias reported to work or is at work or is on company property under the influence of drugs or alcohol. 2. After any vehicle accident. A vehicle accident is defined as any occurrence involving a company owned or operated vehicle which results in property damage and /or perso .al injury. 3. After any reported employee injury in which a report is filed. The employee will be immediately suspended for a minimum of thirty (30) working days for: 1. When an employee's screening test is reported positive for drugs, alcohol or controlled substances. In order for the employee to return to work, the following conditions must be met: 1. The employee will enroll in a company approved drug /alcohol rehabilitation program at the employee's expense and supply proof of satisfactory completion. 2. The employee must sign the post - rehabilitation return to work agreement. All management personnel at the level of division manager and above will be required to submit to a drug /alcohol screening once a year. PPM 11.11 September 4, 1986 Page 3 of 8 REASONABLE CAUSE The following procedure should be strictly followed on each occasion the manager has reason to believe an employee is reporting to work, or is at work, or on company property under the influence of alcohol, drugs or controlled substances. ESTABLISHING REASONABLE CAUSE 1. The manager should, prior to any confrontation with the employee, note the indications that cause the suspicion. 2. The manager should, prior to any confrontation with the employee, ask another person, preferably a supervisor, to discretely and without confrontation, make contact with the employee for the purpose of forming his or her own opinion. 3. If the manager and the second individual are in agreement that there is REASONABLE CAUSE TO BELIEVE that the employee is under the influence, the manager will, with the other individual, take the employee to a suitable location which will ensure privacy, and be free from distractions, and confront the individual with the reasons for these suspicions. IF THE EMPLOYEE CONFIRMS THE SUSPICIONS IF THE EMPLOYEE DENIES THE ALLEGATIONS The manager will request the employee undergo drug /alcohol screening. The employee will be further advised that failure to cooperate with the testing is grounds for termination of employment and that therefore his or her cooperation is encouraged. If the employee denies the allegations but the manager still has REASONABLE CAUSE TO BELIEVE that the employee is under the influence the manager will advise the employee that the company has reasonable cause to request the employee undergo drug /alcohol screening at a designated facility. The employee will be further advised that failure to cooperate with the testing is grounds for termination of employment and that therefore, his or her cooperation is encouraged. IF THE EMPLOYEE REFUSES TO COOPERATE If the employee refuses to cooperate with the testing or refuses to sign the consent form, the employee must oe immediately terminated from work in accordance with The Policy Section (A). The manager wili then arrange transportation home for the em�-lovee. PPM 11.11 September 4, 1986 Page 4 of 9 IF THE EMPLOYEE AGREES TO COOPERATE If the employee agrees to cooperate have the employee sign the consent form. The manager will immediately transport the employee ana the the signed consent form to the designated testis facility. After the designated facility has obtained the necessary test samples, the manager will transport the employee hack to the facility and arrange to transport the employee home. PPM 11.11 September 4, 1986 Page 5 of 8 POST - REHABILITATION - RETURN TO WORK AGREEMENT 1. I understand that my previous job performance warrants close supervision for an extended period of time upon my return to work and I will accept such supervision as a constructive part of my recovery. 2. I understand that upon return to Laidlaw Transit I must meet all established standards of conduct and job performance and that I will be subject to the company's disciplinary procedures for any failure to meet those standards. 3. For a period of one (1) calendar year after the date of reinstatement to my position I will be subject to random drug tests at the sole discretion of the company. The company shall pay the cost of such tests as well as all time spent by me in submitting to such examinations. 4. ! agree that I shall cooperate fully with any and all Laidlaw requests to submit to any random drug tests. I further acknowledge and understand that if I fail to cooperate fully or to submit to such drug tests when requested, such failure will be cause for immediate termination. 5. In the event that any of my drug tests indicate a positive reading which discloses that I've used illegal drugs or prescription drugs for which I do not have a current valid prescription, I will be terminated. 6. I understand that I will be subject to the stated rules and conditions for twelve (12) calendar months. Upon completion of the twelve (12) months the appropriate parties will review my job performance and determine if the stated rules and conditions will be removed, modified, sustained. 7. If after the Return To Work Agreement has lapsed a second incident arises involving a positive reading from a drug /alcohol screen, I wil! be terminated. I understand and agree that my reinstatement and continued employment are contingent upon my meeting satisfactory all of the above rules and conditions of employment and that my failure to do so relinquishes all defense on my part and subjects me to immediate termination of my employment with Laidlaw Transit, Inc. Signature Supervisor /Division Manager Da to TT:TPf`TinM PPM 11.11 September 4, 1986 Page 6 of 8 Laidlaw reserves the right to use drug and alcohol detection techniques, including, but not limited to the following: 1. Chemical testing. 2. Searching company property including, but not limited to; desks, work areas, lockers, vehicles, tool boxes, etc. All searches, with the exception of company vehicles, will be done only after approval from the vice president of human resources. All searches should be conducted by at least two levels of management. Because ar, employee's alcohol or drug related problems affect everyones safety and efficiency, any employee who has reason to believe that a co- worker has a chemical dependency problem or may be engaging in any of the prohibited actions, is urged to discuss their concerns with a supervisor. The supervisor who has been informed of such problem, will provide relevant information to the division inanager immediately. PPM 11.11 September a, 1986 Page 7 of $ COUNSELING REHABILITATION AND REFERRAL SERVICES Laidlaw recognizes that chemical dependency is a treatable medical condition and offers referral services to employees seeking counseling and treatment. The existence of the referral service does not waive the responsibility to comply with company policies and meet the expected standards of work performance. Employees who realize they have chemical dependence prob!ems are encouraged to contact their division manager, or the human resource departmme;.t. The counseling sessions and any subsequent action, will be treated in a confidential manner. Laidlaw is willing to assist any employee in obtaining appropriate medical or counseling attention in an effort toward rehabilitation from alcohol and /or drug abuse. This company will work with all employees toward the common goal of rehabilitation. All information will remain confidential. No employee will be discriminated against for having engaged in either an alcohol or drug rehabilitation program. DRUGIALCOHOL SCREENING CONSENT FORM DATE PPM 11.11 September 4, 1986 Page 8 of � I , have been fully informed that this blood and /or urine specimen will be analyzed for druc, 2nd!or -,!co-"c! screeninc -. These test results will become part of my permanent medical record. I fully understand this, and give my consent to this examination. I certify I am not a person afflicted by hemophilia, or a person afflicted with a heart condition using an anticoagulant under the direc'. ;on of a physician. I hereby release the medical center, its medical staff and employees, from any and all liability in connection with the results of this test. EMPLOYEE SIGNATURE AND DATE WITNESS AND DATE STATEMENT OF PHYSICIAN, REGISTERED NURSE OR QUALIFIED TECHNOLOGIST I have obtained blood /urine sample from the patient on DATE at and delivered the sample to TIME NAME OF LAB) SIGNATURE OF PHYSICIAN, R.N., OR QUALIFIED TECHNOLOGIST AN AGREEMENT FOR THOUSAND OAKS /MOORPARK BUS SERVICE THIS AGREEMENT is made and entered into by and between the CITY OF THOUSAND OAKS, a municipal corporation ( "Thousand Oaks "), the CITY OF MOORPARK, a municipal corporation ( "Moorpark "), and LAIDLAW TRANSIT, INC., a California corporation ( "Carrier "). Thousand Oaks and Moorpark are also herein sometimes collectively called the "Agencies ". 1. Definitions Carrier is hereby hired jointly by the Agencies to provide, and Carrier agrees to provide, a bus service for the Agencies upon the following terms and conditions: 2. Carrier Responsibilities Carrier shall provide the.bus service between the City of Thousand Oaks, the City of Moorpark, and Moorpark College according to the schedule marked "Exhibit A" which is attached hereto and made a part hereof, and as may be amended from time to time by the Agencies. The Agencies may from time to time, by written notice to Carrier signed by Thousand Oaks adjust or change the starting and stopping points, the routing, the time periods, and the hours of service shown on Exhibit A. 3. Days and Hours of Operation The bus service shall be provided Monday through Friday, excluding the following seven legal holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, or as approved by Agencies and Carrier. The total number of hours of bus service that Carrier shall provide each day shall be computed tr.om the time the service tor that stay is scheduled to begin or from the time the bus actually arrives at the scheduled starting point, whichever is later, to the time when the bus completes its last stop of the last run at the end of the day. 4. Vehicle Reauirements Carrier shall have available, at all times a transit or highway coach having a capacity of at least 24 passengers, equipped with a two -way radio. Vehicles shall be clearly marked as determined by the Agencies regarding the name and general destination of the service. Carrier may use a van having ac seating capacity of not less than 12 passengers during days of off -peak ridership during the year if approved by both Agencies. Ti.0 van :gust be equipped with a two -way radio. 5. Vehicle Maintenance Carrier shall maintain vehicles as follows: a. Carrier shall be responsible for keeping vehicles in a clean, orderly and safe condition including exterior washing at least weekly and polishing, as necessary, and interior window washing at least weekly. Vehicles shall be swept or vacuumed and all dirt, dust, litter and debris removed daily. b. Carrier shall maintain all vehicles in a high state of repair with particular attention to brakes, tires and safety equipment. -2- C. All vehicles must be certified by the California Highway Patrol (CHP) or as deemed necessary by Thousand Oaks, and copies of the CHP reports must be provided to Thousand Oaks. Carrier will provide notice to the City of Thousand Oaks in writing of any change in the CHP rating of any vehicle used on this bus system within forty eight (48) hours of the change. d. Carrier will make available to Agencies upon request all maintenance and repair reports for vehicles covered under this contract. e. All vehicles shall be properly registered and licensed, and Carrier will provide Agencies with proof of same, if requested. 6. Notification of Vehicle Changes Required Carrier will notify Agencies of any temporary or replacement vehicles within two (2) hours of initiating their use or if any vehicle is found to be unsafe. 7. Driver Requirements and Responsibilities a. Carrier shall have the responsibility to ensure that all drivers possess a valid California Class II drivers license for the operation of the type of vehicles to be used. b. Carrier will provide thorough training for all personnel for the proper performance of their duties. Carrier's training program shall include, at a minimun, the National Safety Council Defensive Driving Course and specific training and instruction dealing with transporting the elderly, handicapped and mobility impaired individuals. This Training program must be described fully and submitted to Agencies for review. C. Agencies shall have the right to ask for the temporary or permanent removal from providing any of the services described herein of any personnel furnished by Carrier for any reasonable cause (not to be construed as re- questing removal from Carrier's employment). All personnel shall be employees of Carrier and Carrier shall be solely responsible for payment of all employees' wages and benefits. Carrier, without any expense to Agencies, shall faithfully comply with the requirements of all applicable state law, including but not limited to with respect to employee liability, worker's compensation, unemployment insurance and other forms of social security. Carrier shall also be responsible for withholding of income tax at its source from employees' wages and, furthermore, Carrier shall defend, indemnify and hold the Agencies, their elected officials, officers, employers and agents harmless from all claims, lawsuits, demands, judgments, damages costs and expenses of any nature from alleged violation of such laws or from claims of subrogation provided in such en- actments or otherwise. d. Carrier shall prepare a written report of any delay over 30 minutes, and any bus malfunction and present it to the City of Thousand Oaks within 3 days of occurrence. Any accident involving property damage or personal injury shall be reported to Agencies within 24 hours of occurrence. e. The following shell be minimum service require- ments and driver responsibilities. Failure to carry out one, or any combination of these responsibilities shall result in the driver or drivers being covered by this Agreement, writing by Agencies. -3- prohibited from driving any vehicle unless subsequently approved in (1) Drivers shall wear approved uniform and appear neat, clean and well groomed. No sandals of any kind will be allowed. (2) Drivers shall teous to passengers. (3 ) Drivers shall are required. (4) Drivers shall proper fare in the farebox. (5) Drivers shall specified by Agencies. (6) Drivers shall (7) Drivers shall or holding hand rails, befor (8) Drivers shall passengers. consistently be helpful and cour- notify passengers when transfers :Hake sure that passengers place the count all passengers in a manner operate the bus safely and.legally, make sure passengers are seated, pulling out from a.stop. assist elderly and handicapped (9) Drivers shall not allow animals on vehicles except: (a) seeing eye dogs, (b) hearing ear dogs, or (c) small animals contained in ar. accepted transport cage. (10) Drivers should refuse rides to unruly passengers. If a passenger becomes unruly after boarding, drivers may request a passenger to get off the vehicle. If the passenger refuses to disembark, then drivers should contact Thousand Oaks for assistance. (11) Drivers shall not deviate from routes and schedules without approval of Agencies. (12) In cases of emergency, drivers shall contact either City and Carrier for assistance. (13) Drivers shall make sure the bus stays on schedule but never ahead of schedule. Drivers should use any layover time scheduled to offset traffic delays. :(14) 'Drivers should. submit. suggestion for. service improvement to the Agencies via Carrier, (15) Drivers must obey all traffic saws and ordinances, 8. Consideration to Carrier For satisfactory performance of the service described in this contract, Agencies agree to pay Carrier for.sai.d..servi.ces twenty one dollars and fifty-five cents ($21.55) per hour of Operation for the transit or highway coach and nineteen dollars and eighty -eight cents ($19.88) per hour of operation for the smaller van-from the time the service for that day is scheduled to begin or from the time the bus actually arrives at the scheduled starting point, whatever is later, to the time when the bus completes its last drop -off point of the last run at the end of the day or as agreed upon by Agencies and Carrier in writing. The above hourly rate, to be paid to Carrier by Agencies ma, be ad usted as of the first day of July, 1988.in. accordance with the April to' April fluctuations, if any, ;.r: the Bureau of Labor Statistics Consumer Price Index All Urban Consumers, All *Items, for the.Los Angeles -Long Beach Area (hereinafter CPI). The adjusted rate to be based on 100% of the CPI, with the increase not to exceed 5$ in any year. The above hourly rates, to be paid to Carrier. by,Agencies shall be renegotiated if a•ten percent (10 %)..variace in existing-schedules occurs, n 9. Equipment, Supplies and Materials Thousand Oaks shall provide the following facilities, equipment, supplies and materials: — el — (a) A parking area for the bus or buses when not in use. Thousand Oaks does not warrant the security of the vehicles while in the parking area. Carrier shall assume complete liability for all risk of loss or damage to any vehicle so parked, shall defend and hold the Agencies their elected officials, officers, employers and agents harmless from any such loss or damage. (b) An area at the Thousand Oaks Municipal Service Center for washing Carrier vehicles. (c) Bus schedules and related materials. (d) Fuel for any vehicles covered by this contract, and no more than one-(1) quart of oil per week for the service covered by this contract. 10. Farebox Thousand Oaks and Moorpark agree to provide one (1) farebox for the vehicle. Agencies will split the cost of the farebox on a 50/50 basis. Carrier agrees to provide fareboxes secured from theft in all back -up vehicles. 11. Drug and Alcohol Policy Carrier's entire drug and alcohol policy attached hereto as Exhibit B, shall be fully incorporated into this agreement. Carrier shall have the sole responsibility for implementation of said policy and shall defend and hold Agencies,their elected officials, officers, employers and agents harmless from any liability, claims, demands, judgments and lawsuits arising from said implementation. 12. Insurance Carrier, at its sole expense, shall at all times maintain insurance coverage oin every bus and driver provided under this Agreement in amounts not less Lhan the Following: Coverage: Limits of Liability Automobile bodily Injury $5,000,000 each person Property Damage.Liability $5,000,000 each occurrence Contractual Liability $5,000,000 Carrier's insurance policy or policies shall name each of the Agencies and their officials, employees, and agents, as additional insureds thereunder. Carrier shall file with the City Clerk of Thousand Oaks and with City Clerk of Moorpark certificates, executed by its insurance carrier or carriers, evidencing that the above minimum amounts.of insurance are in effect, that each of the Agencies, their officials, employees, and agents, are additional insureds thereunder, and that as to each such additional insured the insurance is primary insurance, The certificate shall also contain a statement that the insurance evidenced thereby may not be cancelled nor the amounts and coverage reduced until 30 days after receipt by both the Agencies notifying each of them of such cancellation or reduction in coverage. The limits of Carrier's insurance policies shall not be construed as limiting in any manner any obligation assumed by Carrier under this Agreement or any liability incurred by Carrier in its performance under this agreement. 13. Indemnification Carrier shall defend, indemnify and hold each of the Agencies, their officials, employees, and agents, harmless from every claim, demand, or action which may be :Wade or brought by anyone by reason of any injury to a person, including M'0 death, or to property which is directly or indirectly caused by, or which is alleged to be caused by, any act or omission of Carrier, its officers, employees, and agents, in its performance under this Agreement. 14. Limitations of Agencies' Liability Carrier is hired under this Agreement as an independent contractor and Carrier, its officers, employees and agents are not, nor may they be considered in any manner to be, the agents or employees of Thousand Oaks or Moorpark. The Agencies shall not be bound by-nor be liable for any act or omission of Carrier, its officers, employees, or agents. 15. Payment Schedule In consideration of the bus- service to be provided and other obligations to be fulfilled by Carrier under this Agreement, the Agencies agree to pay Carrier, and Carrier agrees to accept from the Agencies, compensation for each hour of service provided by Carrier pursuant to this Agreement at the rates listed in paragraph 7 herein. Thousand Oaks shall pay Carrier on a monthly basis on behalf of both Agencies all payments to be made to Carrier pursuant to this paragraph. Carrier shall be paid by Thousand Oaks not later than 30 days following receipt by Thousand Oaks of Carrier's monthly invoice. Moorpark shall pay Thousand Oaks on a quarterly basis an amount equal to fifty percent (50 %) of the payments made in the preceding quarter by Thousand Oaks to Carrier - pursuant to this paragraph plus fifty percent (50$) of all fuel and oil cost. Thousand Oaks shall. bo paid by Moorpark not later. than 30 days following receipt 1)y moorpazk of Thousand Oaks billing. 16. Determination of Fares The fare rates to be charged shall. be determined by the Agencies. Carrier shall collect fares from individuals in accordance with the fare rate schedule provided by Thousand Oaks and, at such intervals, times, and places as to which Thousand Oaks and Carrier may a(iree, shall. remit the fare revenue collected by Thousand Oaks. Thousand Oaks shall be responsible for the accounting of all fare revenue remitted and shall credit Moorpark for fifty percent (50 %) of the fares collected against their quarterly bill or as agreed upon by Agencies in writing. 17. Bus Signs and Benches Moorpark shall be responsible within its boundaries, and Thousand Oaks shall be responsible within its boundaries, for the actual installation, maintenance, and removal of the bus signs and benches required for the bus service. Moorpark may purchase said signs from Thousand Oaks. 18. Contract Termination This Agreement, or portions thereof, may be terminated or cancelled in any one of the following manners: (a) By mutual agreement of the parties. (b) If at any time or times after commencement of the term of this agreement, in the sole subjective judgment of Agencies, Carrier fails for any reason to -6- proceed diligently with the performance of the services hereunder or fails to perform such services in accordance with the provisions herein, Agencies may, after giving 72 hours written notice to Carrier, and without prejudice to any other remedy Agencies may have, terminate this Agreement. The written notice shall instruct Carrier to cease its services as of a specified day, and Agencies shall have no further obligation to pay for services tendered or otherwise. (c) If in the sole subjective judgment of Agencies the safety of any person or persons is threatened due to the repeated carelessness of Carrier Agencies may be immediately released from all obligations of this Agreement upon written notice to Carrier. (d) In addition to the termination provisions specified above, this Agreement may be terminated by any party upon the giving of 30 days prior written notice of such termination to the other party. Such notice shall be deemed given as of the date it is delivered personally or deposited in the mail in stamped envelopes addressed as stated in Paragraph 19 hereof. 19. Delivery of Notice Any notice required to be given in writing or fares to be remitted under this Agreement may-be transmitted by personal delivery or by mail, to the follow -nc addresses: To Thousand Oaks: J. Louis Scherer, Director Of Public Works City of Thousand Oaks 401 West Hillcrest Drive Thousand Oaks, CA 91360 To Moorpark: Steven Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 To Carrier: Earl Andriese, Division Manager Laidlaw Transit,Inc. 2557 Cortez Street P.O. Box 5625 Oxnard, CA 93030 20. Schedules Thousand Oaks shall, at its own expense, print ana distribute such copies of the bus schedules as it may, within its discretion, consider desirable. _7- 21. Advertisin Thousand Oaks and Moorpark each,.at their respective expense, may direct Carrier to do whatever advertising of the bus service they may respectively desire. 22 Contract Administration The individuals authorized by paragraph 17 to receive notice on behalf of Thousand Oaks and Moorpark, respectively, are hereby authorize: to administer this Agreement on behalf of Thousand Oaks and Moorpark, Yespectively, and to sign and send the notices referred tc in paragraphs 2, 18 (b), (c) and (d) respectively. 23. Term of Contract The term of this Agreement shall be for the period commencing July 1, 1987, and ending June 30, 1989. This Agreement may be renewed upon such terms and for such a period of time as may be agreed upon by the parties hereto. 24, Force Majeure Except as specifically provided herein, the parties shall exercise every reasonable effort to meet the respective obligations hereunder, but shall not be liable for delays re- sulting from force majeure, acts of God, and other causes beyond the reasonable control. of the parties, 25. Entirety of Agreement This agreement is entire as to all of the performance to be rendered under it. Breach of any part of the perfor- mances to be rendered by Carrier shall constitute a breach of the entire agreement and shall give: Agencies the right to ter- minate this agreement and recover damages. In WITNESS WHEREOF, the parties hereto have executed this Agreement of the dates stated below: CITY OF THOUSAND OAKS Date. Frank Schillo, Mayor City of Thousand Oaks, California ATTEST: Nancy A. Dillon, City Clerk APPROVED AS TO FORM: Mark G. Sellers, City Attorney APPROVED AS TO ADMINISTRATION: Grant R. Brimhall, City Manager -8- Date ATTEST: CITY OF MOORPARK `' Maureen Wall, City Clerk Clint Harper, Ph-D, Mayor LAIDLAW TRANSIT, INC. Date Earl Andriese, Division Manager