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HomeMy WebLinkAbout07-267 OF Etc Cir i " \ City of Elgin January 29, 2009 RE: Resolution No. 07-267 Agreement with Suburban Bus Division of the Region.l Transportation Authority (PACE) for the Ride in Kane - New Freedom/JARC Sr rvice To Whom It May Concern: The document listed above was sent out for signatures to anot er entity and an executed copy was never returned to the City Clerk's office for record retention. Attached is the un-executed copy that was sent out for signature. Thank you. TO FRONI 1410 DAAk 111 1,14 .) • , , (IA( \A/1(\5)S L,.��, ae { ' Tin '11T4 MN _ NJ DA th 1/\\OVNILV1/4AN Z:A&A 6 1LP t, .0 191W7 AP A/UK Fit 5,f\j;t:Q:\111114•51) A A 'airi),A • y v 91)o Ai< 5 t\i\-17 SIGNE ` it,'Alf 1 �\ 1111YfilsonJones. WHITE,ORIGINAL CANARY—DUPLICATE 44-900•Duplicate • Resolution No. 07-267 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE-NE FREEDOM/JARC SERVICE AGREEMENT WITH THE SUBURBAN BUS DIVIS ION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and ar: hereby authorized and directed to execute a Ride in Kane-New Freedom/JARC Service Agreemen on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Aut ority(PACE)for the Ride In Kane Program, a copy of which is attached hereto and made a part he eof by reference. s/Ed 4.chock Ed Sc ock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk RIDE IN KANE NEW FREEDOM/JARC SERVICE A 1 REEMENT IL-57-X0040-00/IL-37-X052-10 THIS AGREEMENT is made this _04day of ►V , 2007, by and between the Suburban Bus Division of the Regional Transportation A thority (hereinafter referred to as "Pace"), and the City of Elgin, an Illinois municipal corporation. (hereinafter referred to as "City of Elgin"). WHEREAS, the Regional Transportation Authority, .s designated recipient of federal New Freedom and JARC funds has agreed to allow Pace, as g antee, to apply for certain federal funds for the Ride In Kane Program, in accordance with the ew Freedom and JARC Program Compliance Agreements dated June 14, 2007 and the applications made to RTA by Pace. WHEREAS, Ride in Kane Sponsors are Aurora ownship, City of Elgin, Elgin Township, Public Action to Deliver Shelter, Mental Health an. Mental Retardation, Association for Individual Development, Senior Services Association, D ndee Township, City of Geneva, Geneva Township, City of St. Charles, Lazarus House, P• DS of Elgin, Community Crisis Center, Mutual Ground, Well Child Center, Village of Ha i pshire, City of Batavia, Batavia Township and Kane County (collectively referred to as "Ride i Kane Sponsors"). WHEREAS, Ride in Kane Sponsors requested and Pa e has agreed to make application to the Federal Transit Administration for a Federal Fiscal Y:ar 2006 New Freedom Operating Grant in the amount of$1,305,434 and a Federal Fiscal Year •006 JARC Operating Grant in the amount of$256,100 which will fund the federal portion of Ride in Kane Service; WHEREAS, Pace has agreed to make application to t e Federal Transit Administration for a Federal Fiscal Year 2006 New Freedom Capital Grant n the amount of $321,600 and a Federal Fiscal Year 2006 JARC Capital Grant in the amount or $516,800. The 20% non-federal share will be provided by the RTA. WHEREAS, under New Freedom and JARC the federal share of eligible capital/mobility management and planning costs may not excee d 80 percent of the net cost of the project and the federal share of the eligible operating costs mai not exceed 50 percent of the net operating costs of the project; WHEREAS, Ride in Kane Sponsors agree to fund the local share/non federal portion of the New Freedom and JARC grants in the amount of$868,733. WHEREAS, The City of Elgin agrees to satisfy the 1•cal share for the eligible mobility management costs of the project for its registered riders an. the local share for the eligible operating costs of the project at 50 percent of the net cost or its registered riders minus the remaining Pace subsidy under the local share agreement and subject to the limit on the City of Elgin's local share, set forth in paragraph 4 of this Agree I ent by committing funds in the amount of$63,047. WHEREAS Pace as Grantee of New Freedom and JA C Funding has agreed to provide the services more specifically set forth herein; WHEREAS the Ride in Kane Sponsors agree to comply and cooperate with all applicable provisions of the New Freedom and JARC Pro ram Guidance and Application Instructions as set forth in Federal Transit Administration Circular C 9045.1 and Circular C 9050.1 which is incorporated by reference and made a part of this Agreement as though fully set 1 forth herein; NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows: 1. Description of Service: The Ride in Kane services ar: described in Exhibit A attached hereto and made a part hereof. 2. Service Parameters: The City of Elgin agrees to ensu e that the service parameters for their eligible riders in Ride in Kane shall be in compli.nce with the goals and objectives of the New Freedom and JARC grants and FTA C 9045.1 and FTA C 9050.1, incorporated herein. Any change in the service param-ters must be in compliance with the PTA New Freedom and JARC regulations. 3 . Term: This Agreement shall remain in effect for as long as there are sufficient funds to support the service unless either party terminates the ag teement pursuant to paragraph 8. 4. Local Share: The City of Elgin agrees to contribute f nds not to exceed $63,047 as its local share for the Ride in Kane Program. 5. Billing: Pace shall bill the City of Elgin on a month y basis for 50 percent of the net operating costs of the service and a portion of the moo ility management costs that may exceed funding hereunder less the remaining mon 1 ly Pace subsidy in local share agreement dated January 24, 2007 for its eligible riders. The City of Elgin agrees to make payment to Pace due within thirty days of receipt of I illing, subject to the limit on the City of Elgin's local share set forth in paragraph 4 to t is Agreement. Payment shall be sent to: Pace Suburban Bus Service 550 W. Algonquin Road Arlington Heights, IL 60005 Attn: Accounting Department 6. Reporting: Pace shall provide reporting to City of Elgin as described in Exhibit B. 7. Service Provision: Pace shall not be responsible for any failure to provide the Service due to circumstances beyond the control of Pace. However, 'ace shall make every reasonable effort to restore Service as soon as practical under the c'rcumstances. Pace shall have the right to make minor revisions to the Service during the 'erm of this Agreement upon written notification to and concurrence by the City of E gin. 8. Termination. Either party may terminate this agreement with forty-five (45) days written notice. However, outstanding payments due and o wing shall survive termination of the agreement. 9. Complete Agreement: This Agreement constitutes the en lire agreement between the parties hereto. Any proposed change to this Agreement shall be submitted to Pace and the City of Elgin for their respective prior approval. No modific.tion, addition or deletion to this Agreement shall be effective unless and until such ch.nges are reduced to writing and executed by the authorized officers of each party. 2 10. Notices: All notices due to the other party shall be deli ered as follows unless and until otherwise directed: If to Pace: If to City o Elgin: Pace City of Elg n 550 W. Algonquin Road 150 Dexter Court Arlington Heights, IL 60005 Elgin, IL 64120 Attn: Executive Director Attn: Edw.rd Schock, Mayor 11. Governing Law: This Agreement shall be construed i accordance with the laws of the State of Illinois. 12. The parties agree that the preamble and whereas claus-s are terms of this agreement as though fully set forth hereunder. 13. This delegated authority for the City of Elgin has duly a.proved this agreement. 14. This agreement has been properly authorized by the Pac- Board of Directors. 15. Insurance: In the event that Pace directly provides t e service described herein, Pace shall arrange for City of Elgin to be named as addit onal insureds under Pace's auto liability policies of insurance with respect to claims ..serted against the City of Elgin arising from any negligent acts or omissions of Pace i providing the services described in this Agreement. In the event that Pace contracts wit any outside service providers to provide the service described herein, Pace shall require the outside service providers to arrange for the City of Elgin to be named as additional insured under the outside service providers' auto liability policies of insurance with resect to claims asserted against the City of Elgin arising from any negligent acts or omissio s of the outside service providers in connection with the services as described in this Agreement. Pace shall provide copies of the initial Certificates of Insurance to the City of El:in. Thereafter, the City of Elgin shall be responsible for tracking and monitoring its ads itional insured status on outside service providers' auto liability policies of insurance. 16. Defend, Indemnify and Hold Harmless: In the even that Pace directly provides the service hereunder rather than through an outside service provider, Pace agrees to defend, indemnify, and hold harmless the City of Elgin for clams, damages, losses and costs of property damage or personal injury solely to the exte t caused by the negligent acts or omissions by Pace in providing transportation services nder this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have ca sed this Agreement to be made effective as of the date set forth above and executed by their dul, authorized officials. PACE CI Y OF ELGIN By: By: tr��ii��� Executive Director Ed Schock, Mayor Date: Date: Ci{-,CterL: 4 Exhibit A - Ride in Ka e TRANSPORTATION SERV CES CITY OF ELGIN TYPE OF SERVICE Demand Response service. .ervice levels will not exceed limits dictated by funding levels st.pulated in the agreement. SERVICE OPERATED BY Contractors including: Priva a Paratransit providers,Taxi Cab Companies, Other Qualified Providers of Transportation services. MOBILITY MANAGEMENT Private Contractor will provi s e a mobility management services. This includes operations of central call center for service access by consumers, data mi nagement and trip management. Mobility management may i clude passenger assessments for the purpose of travel plannin: and passenger training. TRIP RESERVATION METHOD Reservations shall be accept;d at the Pace central call center a maximum of seven (7)days n advance of the day service for an eligible trip request or as din cted by Pace. Trips which previously were provided as subscriptions will continue to be provided as s bscriptions, as defined and approved by Pace. Trips requested with less tha one(1)day but more than four(4) hours advance notice from t e desired pick up time may be honored to the extent that the request can be accommodated within the framework of the ii ay's schedule. Trip requests having over one(1)day noti i e from the desired pick up time shall be accommodated. SERVICE MODE A transit vehicle,either a part transit bus or taxi, will be deployed that is identified to .e the most cost effective,efficient and appropriate to provide se vice. SERVICE AREA Trips shall be provided withi the Kane County area and surrounding counties as auth.rized by the City of Elgin. SERVICE HOURS Twenty-four(24) hours a da , seven (7)days a week, three hundred sixty-five(365)day a year. FARE STRUCTURE $3.00 per one-way trip up to en(10) miles; $.75 per 1/2 mile ($1.50 per mile) thereafter; Arport fares at the established discount fare, or as determin-d by the City of Elgin. RIDER ELIGIBILITY The City of Elgin shall deter 'ne rider eligibility in accordance with JARC and NEW FREE I OM funding eligibility requirements and provide the information on eligible riders to Pace. 5 Exhibit B - REPORTS DESC ' IPTION The following is a list and brief description of each category of reports which have been designed and are being produced to generate data for the Ride I Kane project. 1. Detailed Funding Source (Sponsor) Report The intent of this report is to produce a detailed listing •f one-way trips delivered for each Ride DuPage funding source (sponsor) for a user s i'ecified period of time. The normal report period would be monthly, but the report i• intended to have the flexibility to produce data for shorter or longer periods as specifies by the user. The report is intended to match the design and content, •s closely as possible, of the Detailed Provider Report. Data provided for each trip w 11 include associated trip data such as rider name, scheduled pick-up time, actual pick- p time, point of origin address, destination address, funding sources (sponsors), total cot of the trip, fare for the trip, distance of the trip, revenue hours (if applicable). The e act content of the report in its final form may vary depending on the feasibility of incl ding the large amount of data specified in one report. It is possible that the report may be broken into one or more additional reports to make the data more manageable fo the user. Plans call for the report to be sorted by provider, fundinI source, rider, and fare type. 2. Monthly Funding Source (Sponsor) Invoice Report The intent of this report is to produce one or more sum ary reports of trips delivered for each funding source (sponsor) for the purposes of gener.ting an invoice type report which may be used to bill funding sources for transporta ion provided.. The normal report period would be monthly, but the report is intended to h.ve the flexibility to produce data for shorter or longer periods specified by the user. Data provided for each trip will include associated trip data necessary to provide an accounting of the amount owed by each funding source '•r the specified period, such as the number of one-way trips by Fare Type, total cost of e trips, total expected fare, liquidated damages deducted, the total net reimburseme t. The exact content of the report in its final form may vary depending on Pace and provid•r needs. The report may be broken into one or more additional reports if that design s more useful. Plans call for the report to be sorted by provider, funding source, fare type, and rider. 3. Missed Trip Report The Missed Trip Report is intended to produce a list of a I trips picked up 61 or more minutes after the scheduled time; the Ride DuPage servi•e guideline defining a missed trip. Sufficient detail will be provided to identify the trip within Trapeze and to give the report user the necessary information for review. 6 4. On-Time Performance Report The On-Time Performance Report (late pickups) is inte ded to produce a list of all trips picked up 16 or more minutes late; the Ride DuPage ser ice guideline defining a late trip. Sufficient detail will be provided to identify the trip wi 1 in Trapeze and to give the report user the necessary information for review. 5. Other Reports In addition to the reports described above, reports curre tly generated can also be made available. Reports currently available include: Ridership by Category Report—A summary report b funding source indicating trips by fare type, late trips, missed trips, revenue hours, deni:ls, and miles. Client Trip List Report—A detailed listing alphabetic.11y by rider last name of all trips provided during the specified period. Data included for :ach trip is rider name,pick-up address, drop-off address, fare type, and funding source. Future Needs—Additional reports may be designed as needed •y Pace, Ride In Kane Sponsors, and with the input of the Kane County Paratransit Coordinating Council. 7