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HomeMy WebLinkAbout11-12 Resolution No. 11-12 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE P• CE SUBSIDY AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHO' TY BE IT RESOLVED BY THE CITY COUNCIL OF TH 1 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 Pace Subsidy Agreement on behalf of I e City of Elgin with the Suburban Bus Division of the Regional Transportation Authority for the Ride in Kane Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed .chock Ed Sc 1 ock, Mayor Presented: January 26, 2011 Adopted: January 26, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk RIDE IN KANE PACE SUBSIDY AGRE MENT City of Elgin This agreement is made this 26thday of January , 2011,by anbetween the Suburban Bus Division of the "Regional Transportation Authority(RTA), an Illinois municipal corporation and special purpose unit of government" operating under the name of and hereinafter referred to as"Pace"and the City of Elgin,Illinois a municipal corporation hereinafter referred to as "the City". WHEREAS,the parties hereto have previously entered into an Agree ent dated April 14, 2010, commonly known as 'New Freedom and Job Access and Reverse Commute', entitled 'Ride in Kane New Freedom/JARC Service Agreement(hereinafter referred to as the `JARC Agreement'), a copy if which is attached hereto and made part hereof as Attachment `A'; and WHERAS,the JARC Agreement provided that the City shall fund the I ocal share/non-federal portion of the New Freedom and JARC Grants for the eligible mobility management costs of the Project by contributing funds not to exceed fifty percent(50%)of the net cost for its registered riders or as approved by the City's budget authority, as its local share for the Ride in Kane Program; and WHERAS,Pace shall subsidize the City pursuant to the provisions of'he JARC Agreement by contributing funds to the City in an amount not to exceed$170,184;provided,however,that Pace shall not be required to contribute the aforementioned funds in the event such funds are not available to Pace NOW,THERFORE, in consideration of the mutual promises and cove ants contained herein,the sufficiency of which is hereby mutually acknowledged,the parties hereto agree as follows: TERM -This agreement will be in effect beginning January 1, 20 1 and ending December 31. 2011 PACE SUBSIDY—The maximum subsidy shall be the lesser oft e amounts calculated in each of the following ways: 1. 75%of the projected Operating Deficit in the Approve d Budget; or 2. 75%of the actual Operating Deficit; or 3. $3.00 multiplied by the number of annual one-way pa.senger trips not to exceed the maximum number of trips in the Approved Budget or$170,184 as long as Pace funds are available. 4. Pace subsidies shall be paid as follows: Payments will .e mailed out at the end of each month for that months' service via regular U.S. mail. BILLING—Pursuant to the JARC Agreement, Pace shall bill the ity on a monthly basis for 50 percent of the net operating costs of the service and a portion of the mobility management costs that may exceed funding hereunder less the remaining monthly Pace subsidy for its eligible riders. The City agrees to make payment to Pace within thirty days of receipt of billing. Payment shall be sen I to: Pace Suburban Bus Service 550 W. Algonquin Road Arlington Heights,IL 60005 Attn: Accounting Department 2011 Subsidy Agreement Page 1 City of Elgin PACE CITY OF ELGIN c\-,) By: rBY: ,, . _ -�. ..! �i: Thomas J. Ross, ecutive Director Edward Schock,Mayor Date: ) ` O( k( Date: January 26, 2011 /PC ' / i y ,, Attest: C Attest: %:::::: ::.—.1, _ Date: �/O _// Date: .Tanuary 26. 2011 2011 Subsidy Agreement Page 2 City of Elgin Attachment A RIDE IN KANE NEW FREEDOM/3ARC SERVICE A eREEMENT THIS AGREEMENT is made this 1' day of ik +i•_ , 2010, by and between the Suburban Bus Division of the Regional Transportation A thority (hereinafter referred to as "Pace"),and the City of Elgin, as a sponsor of the Ride in Kan:program. WHEREAS, the Regional Transportation Authority, • designated recipient of federal New Freedom and JARC funds has agreed to allow Pace, as gr: tee, to coordinate all operations of the Ride In Kane Program,in accordance with the New Free E om and JARC Programs; WHEREAS, City of Elgin as a sponsor of the Ride ii Kane program was approved by the Kane County Paratransit Coordinating Council (KCPCC) lo participate in the Ride in Kane program; WHEREAS, under New Freedom and JARC the -deral share of eligible capital, mobility management and planning costs may not exceed 80 p:i cent of the net cost of the project and the federal share of the eligible operating costs may nit exceed 50 percent of the net operating costs of the project; WHEREAS, City of Elgin agrees to fund the local sh. e/non federal portion of the New Freedom and JARC grants for the eligible mobility management costs of the project for registered riders and the local share for the eligible operating osts of the project for registered riders by committing funds for services as noted in paragraph 4 WHEREAS, Pare as Grantee of New Freedom and JA"C Funding has agreed to provide the services more specifically set forth herein; WHEREAS, City of Elgin agrees to comply an. cooperate with all applicable provisions of the New Freedom and JARC Program Feder.;1 Transit Administration (FTA) Statutory References 49 U.S.C. Section 5317 and 49 U.S.C. Se tion 5316 that is incorporated by reference and made a part of this Agreement as though fully set 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 are described in Exhibit A attached hereto and made a part hereof. 2. Service Parameters: City of Elgin agrees to ensure th,.t the service parameters for their eligible riders of City of Elgin in Ride in Kane shall be in compliance with the goals and objectives of the New Freedom and JARC grants • FTA Statutory References 49 U.S.C. Section 5317 and 49 U.S.C. Section 5316 incor.orated herein. Any change in the service parameters must be in compliance with the FTA New Freedom and JARC regulations. 1 of 6 3. Term: This Agreement shall remain in effect for as Ion., as there are sufficient funds to support the service unless either party terminates the at cement pursuant to paragraph 8. 4. Local Share: City of Elgin agrees to contribute funds of to exceed $68,219 annually or as approved by the City of Elgin budget authority, as i s local share for the Ride in Kane Program. Service levels will not exceed limits dictated by funding levels stipulated in the agreement. 5. Billing: Pace shall bill City of Elgin on a monthly basi for fifty percent(50%) of the net operating costs of the service that may exceed funding I ereunder and/or 20%of mobility management, if applicable, for its eligible riders. City of Elgin agrees to make payment to Pace within thirty days of receipt of billing, subject to the limit on City of Elgin's local share set forth in paragraph 4 of this Agreement. Paym:nt 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 Elgi 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, I•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 term of this Agreement upon written notification to and concurrence by City of Elgi . 8. Termination. Either party may terminate this agre:ment with forty-five (45) days written notice. However, outstanding payments due and owing shall survive termination of the agreement. 9. Complete Agreement: This Agreement constitutes the en' re 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. ion, addition or deletion to this Agreement shall be effective unless and until such ch. ges are reduced to writing and executed by the authorized officers of each party. 10. Notices: All notices due to the other party shall be deli ered as follows unless and until otherwise directed: If to Pace: Pace 550 W. Algonquin Road Arlington Heights, IL 60005 Attn: Executive Director If to City of Elgin: City of Elgin 150 Dexter Court Elgin,IL 60120 Attn: Sean R. Stegall 2 of 6 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 City of Elgin has duly app sved this agreement. 14. This agreement has been properly authorized by the Pac- Board of Directors. 15. Insurance: In the event that Pace directly provides the ssrvice described herein, Pace shall arrange for City of Elgin to be named as an additional i sured under Pace's auto liability policies of insurance with respect to claims asserted aga nst the City of Elgin arising from any negligent acts or omissions of Pace in providing the services described in this Agreement. In the event that Pace contracts with any o tside service providers to provide the service described herein, Pace shall require the outsi•e service providers to arrange for the City of Elgin to be named as an additional insures under the outside service providers' auto liability policies of insurance with respe,t 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 described in this Agree ent. Pace shall provide copies of the initial Certificates of Insurance to the City of Elgin. Thereafter, the City of Elgin shall be responsible for tracking and monitoring its addi ional insured status on outside service providers' auto liability policies of insurance. 16. Defend, Indemnify and I-Told Harmless: In the event tha 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 all cls ims, damages, losses and costs of property damage, personal injury or death solely to t :e extent caused by the negligent acts or omissions by Pace in providing transportation se ices under this Agreement. In the event that Pace contracts with any outside service providers to provide the service described herein, Pace shall require the outside service .roviders to defend, indemnify and hold the City of Elgin harmless from and against all claims, liabilities,losses and expenses caused by their negligence in providing transportation services under this Agreement. IN WITNESS WHEREOF, the parties hereto have c.used this Agreement to be made effective as of the date set forth above and executed by their du y authorized officials. PACE CI Y OF ELGIN By: \12By: , • Executive Di/rector ( Es Sc oak, Mayor Date: `( ( ( +o Date: ,_ a., • . 01 D\•D I Attest: s Sti City Clerk 3 of 6 Exhibit A—Ride in Kane TRANSPORTATION SERVI ES TYPE OF SERVICE: Demand-Response service. Service levels will not exceed limits dictated by funding levels stipulated in the agreement. SERVICE OPERATED BY: Contractors including: Privat; Paratransit providers,Taxi Cab Companies, Other Qualified Providers of Transportatio services. TRIP RESERVATION METHOD: Reservations shall be .ccepted at the Pace central call center a maximum of seven (7) days in advance of the thy service for an eligible trip request or as directed by Pace. Trips which previously were provided as subscriptions ill continue to be provided as subscriptions, as defined and approved by Pace. Trips requested with less than one (1) day but more that four(4)hours advance notice from the desired pick up time may be honored to the extent that the request can be accommodated within the framework of the day's sche. le. Trip requests having over one (1) day notice from the desired pick up time shall bi accommodated. SERVICE MODE: A transit vehicle, either a paratransit bu• or taxi, will be deployed that is identified to be the most cost effective, efficient and ap.ropriate to provide service. SERVICE AREA: Trips shall be provided within the Kane i ounty area and surrounding counties as authorized by City of Elgin. SERVICE HOURS: Twenty-four(24)hours a day, seven ( ) days a week,three hundred sixty-five(365)days a year. FARE STRUCTURE: Currently any of the four(4) options apply which are$3.00 for the first 10 miles and a$1.50 for every mile after, $4.00 flaI fare, free fare or as determined by the sponsor. RIDER ELIGIBILITY: City of Elgin shall determine rider eligibility in accordance with JARC and NEW FREEDOM funding eligibility require ents and provide the information on eligible riders to Pace. 4 of 6 Exhibit B - REPORTS DESCRIPTION The following is a list and brief description of each category o reports which have been designed and are being produced to generate data for the Ride n 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 in Kane funding source (sponsor) for a user •secified 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, . closely as possible, of the Detailed Provider Report. Data provided for each trip ill include associated trip data such as rider name, scheduled pick-up time,actual pick up time,point of origin address, destination address, funding sources (sponsors),total c•st 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 ma 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, fundint source, rider, and fare type. 2. Monthly Funding Source(Sponsor) Invoice Report The intent of this report is to produce one or more sum I ary reports of trips delivered for each funding source (sponsor)for the purposes of generating an invoice type report which may be used to bill funding sources for transporttion 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 •ata necessary to provide an accounting of the amount owed by each funding source or the specified period, such as the number of one-way trips by Fare Type,total cost of he 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 provi•er needs. The report may be broken into one or more additional reports if that design is more useful. Plans call for the report to be sorted by provider, fundin;; source, fare type, and rider. 3. Missed Trip Report The Missed Trip Report is intended to produce a list of.11 trips picked up 61 or more minutes after the scheduled time; the Ride in Kane 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. 5 of 6 4. On-Time Performance Report The On-Time Performance Report(late pickups) is into ded to produce a list of all trips picked up 16 or more minutes late;the Ride in Kane se ice guideline defining a late trip. Sufficient detail will be provided to identify the trip wi 3 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,den als, and miles. Client Trip List Report—A detailed listing alphabetic.lly by rider last name of all trips provided during the specified period. Data included for each trip is rider name,pick-up address,drop-off address, fare type, and funding source. Future Needs—Additional reports may be designed as needed by Pace, Ride In Kane Sponsors,and with the input of the Kane County Paratrs sit Coordinating Council. 6 of 6 COST ESTIMATE W I RKSHEET 2011 LOCAL SHARE AG ' I EMENT PROJECT: CITY OF ELG N REVENUE $ 80,000 EXPENSE $653,639 DEFICIT $573,639 PACE SUBSIDY $170,184 NFI/JARC GRANT AMOUNT $244,696 CALL CENTER GRANT $ 67,397 PACE CALL CENTER SUBSIDY $ 16,849 LOCAL SHARE $ 74,513 RIDERSHIP 26,000 HOURS OF SERVICE UP TO 9,750 Cost Estimate Workshe= 2011 Local Share Agreement • il6 ► rt., Report to Mayor& Members of City Council E LG I I"1 THE CITY IN THE SUBURBS MEETING DATE: January 12, 2011 INITIATIVE B: City Support for the Ride in Kane Program with Pace COMMUNITY GOAL • Customer Service: Continue the city's relationship with Pace to provide Ride in Kane services for our senior and disabled citizens OBJECTIVE • Funding the city's 2011 contribution for the Ride in Kane program for service in partnership with Pace PURPOSE • Providing affordable door-to-door transportation service to senior citizens and persons with disabilities rik RECOMMENDATION • Approve a resolution to fund the city's contribution to Ride in Kane with Pace in the amount of$74,513 BACKGROUND The city has participated with Pace to provide Dial-a-Ride services to the residents of Elgin since 1994. In February 2008, the Kane County Paratransit Coordinating Council implemented the "Ride in Kane" Program. The benefits of the program have included improved trip economy, expanded service hours and destination flexibility through the door-to-door transportation service for senior citizens and persons with disabilities. This program is determined to eliminate the barriers that keep seniors and disabled people from accessing reliable, affordable transportation in order for them to receive crucial services such as rides to their doctor or hospital for appointments or treatments, pharmacy and grocery stores for medicines and food and transportation to their jobs. Registered ridership has increased from 986 to 1,280 registrants for 2010. Additionally, monthly trips have increased from 1,240 to 1,415 through September 2010. The increased numbers attest that the Ride in Kane Program provides a vital service to our community and the citizens to which it serves. OPERATIONAL ANALYSIS The Ride in Kane Program operates seven days a week, 24 hours a day, 365 days a year with reservations taken seven days in advance of the trip. Trips are provided within the Kane County area through a centralized call center that dispatches taxis, Pace lift-equipped buses and other service providers to offer curb-to-curb transportation on an individual call-in basis. Riders must be registered to participate in the Ride in Kane Program. In Elgin, Senior Services Associates, Inc. registers residents based on their eligibility as senior citizens aged 65 years or older, or persons with disabilities who have an RTA reduced fare card or an RTA ADA paratransit service card. The cost per ride is $3.00 for the first ten miles and a $1.50 for every mile thereafter. One travel companion (i.e. spouse, friend, etc.) may ride with a registered rider at no additional charge. INTERESTED PERSONS CONTACTED The Ride in Kane Sponsor Committee is composed of a chairman, staff from Pace, the RTA and Kane County Department of Transportation, as well as representatives of the following organizations: Aid for Individual Development, Aurora Township, Batavia Township, Blackberry Township, Campton Township, City of Elgin, City of Geneva, City of St. Charles, Dundee Township Partners, Hesed House, Kaneville Township, St. Charles Township, Senior Services Associates, Village of Campton Hills and the Village of South Elgin. The city is represented by Steve Damolaris of the Community Development Department. FINANCIAL ANALYSIS The total annual cost to provide the Ride in Kane Program for Elgin residents is $653,639, and the city's $74,513 local share is approximately 11 percent of the total. Other local governments establish similar subsidy agreements to provide this service to their residents. The remaining Elgin program costs will be funded by an estimated $80,000 in fare revenue, a $170,184 Pace subsidy, a $244,696 federal matching grant, a $67,397 call center grant and a $16,849 Pace call center subsidy. Funds have been included in the proposed 2011 riverboat fund budget, account number 275-0000-791.80-43, "Contributions—PACE"to pay for these services. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat Fund 275-0000-791.80-43 N/A $97,330 $74,514 LEGAL IMPACT None. ALTERNATIVE COURSES OF ACTION The city council may choose not to approve the financial c•ntribution towards the local share cost, thereby electing not to participate in the Ride in Kane P ogram. NEXT STEPS 1. Execute the 2011 Pace subsidy agreement 2. Provide monthly payments to Pace per the executed ervice agreement 3. Continue to monitor registration, ridership and custo er feedback reports Prepared by: Steve Damolaris, GIS Planner Reviewed by: Sarosh Saher, Senior Planner Reviewed by: Marc Mylott, Director, Community De elopment Department Reviewed by: Colleen Lavery, Chief Financial Officer Reviewed by: William A. Cogley, Corporation Counse/Chief Development Officer Final Review by: Richard G. Kozal, Assistant City Manage r/Chief Operating Officer Approved by: Se n R. Stegall, City Manag ATTACHMENTS A: Ride in Kane New Freedom/Job Access Reverse Com ute Service Agreement B: 2011 Cost Estimate Worksheet C: 2011 Pace Subsidy Agreement Attachment A RIDE IN KANE NEW FREEDOM/JARC SERVICE AGREEMENT THIS AGREEMENT is made this0-\ day of i*'0\. , 2010, by and between the Suburban Bus Division of the Regional Transportation Authority (hereinafter referred to as "Pace"),and the City of Elgin, as a sponsor of the Ride in Kane program. WHEREAS, the Regional Transportation Authority, as designated recipient of federal New Freedom and JARC funds has agreed to allow Pace, as grantee, to coordinate all operations of the Ride In Kane Program,in accordance with the New Freedom and JARC Programs; WHEREAS, City of Elgin as a sponsor of the Ride in Kane program was approved by the Kane County Paratransit Coordinating Council (KCPCC) to participate in the Ride in Kane program; WHEREAS, under New Freedom and JARC the federal share of eligible capital, mobility management and planning costs may not exceed 80 percent of the net cost of the project and the federal share of the eligible operating costs may not exceed 50 percent of the net operating costs of the project; WHEREAS, City of Elgin agrees to fund the local share/non federal portion of the New Freedom and JARC grants for the eligible mobility management costs of the project for registered riders and the local share for the eligible operating costs of the project for registered riders by committing funds for services as noted in paragraph 4; WHEREAS,Pare as Grantee of New Freedom and JARC Funding has agreed to provide 141) the services more specifically set forth herein; WHEREAS, City of Elgin agrees to comply and cooperate with all applicable provisions of the New Freedom and JARC Program Federal Transit Administration (FTA) Statutory References 49 U.S.C. Section 5317 and 49 U.S.C. Section 5316 that is incorporated by reference and made a part of this Agreement as though fully set 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 are described in Exhibit A attached hereto and made a part hereof. 2. Service Parameters: City of Elgin agrees to ensure that the service parameters for their eligible riders of City of Elgin in Ride in Kane shall be in compliance with the goals and objectives of the New Freedom and JARC grants and FTA Statutory References 49 U.S.C. Section 5317 and 49 U.S.C. Section 5316 incorporated herein. Any change in the service parameters must be in compliance with the FTA New Freedom and JARC regulations. 41) 1 of 6 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 a: -ement pursuant to paragraph 8. 4. Local Share: City of Elgin agrees to contribute funds of to exceed $68,219 annually or as approved by the City of Elgin budget authority, as it. local share for the Ride in Kane Program. Service levels will not exceed limits dictated .y funding levels stipulated in the agreement. 5. Billing: Pace shall bill City of Elgin on a monthly basi• for fifty percent(50%) of the net operating costs of the service that may exceed funding .ereunder and/or 20%of mobility management, if applicable, for its eligible riders. City if Elgin agrees to make payment to Pace within thirty days of receipt of billing, subject t. the limit on City of Elgin's local share set forth in paragraph 4 of this Agreement. Payme it 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 ci cumstances. Pace shall have the right to make minor revisions to the Service during the t-rm of this Agreement upon written notification to and concurrence by City of Elgin. 8. Termination. Either party may terminate this agre. ent with forty-five (45) days written notice. However, outstanding payments due and .wing shall survive termination of the agreement. 9. Complete Agreement: This Agreement constitutes the ent re agreement between the parties hereto. Any proposed change to this Agreement shall be .ubmitted to Pace and the City of Elgin for their respective prior approval. No modifica ion, addition or deletion to this Agreement shall be effective unless and until such ch.' ges are reduced to writing and executed by the authorized officers of each party. 10. Notices: All notices due to the other party shall be deli ered as follows unless and until otherwise directed: If to Pace: Pace 550 W. Algonquin Road Arlington Heights, IL 60005 Attn: Executive Director If to City of Elgin: City of Elgin 150 Dexter Court Elgin,IL 60120 Attn: Sean R. Stegall 2 of 6 11. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Illinois. 411) 12. The parties agree that thepreamble and whereas clauses are terms of this agreement as g � though fully set forth hereunder. 13. This delegated authority for City of Elgin has duly approved this agreement. 14. This agreement has been properly authorized by the Pace Board of Directors. 15. Insurance: In the event that Pace directly provides the service described herein,Pace shall arrange for City of Elgin to be named as an additional insured under Pace's auto liability policies of insurance with respect to claims asserted against the City of Elgin arising from any negligent acts or omissions of Pace in providing the services described in this Agreement. In the event that Pace contracts with 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 an additional insured under the outside service providers' auto liability policies of insurance with respect to claims asserted against the City of Elgin arising from any negligent acts or omissions of the outside service providers in connection with the services described in this Agreement. Pace shall provide copies of the initial Certificates of Insurance to the City of Elgin. Thereafter,the City of Elgin shall be responsible for tracking and monitoring its additional insured status on outside service providers' auto liability policies of insurance. 16. Defend, Indemnify and Hold Harmless: In the event that Pace directly provides the service hereunder rather than through an outside service provider,Pace agrees to defend, 4111) indemnify, and hold harmless the City of Elgin for all claims, damages, losses and costs of property damage,personal injury or death solely to the extent caused by the negligent acts or omissions by Pace in providing transportation services under this Agreement. In the event that Pace contracts with any outside service providers to provide the service described herein, Pace shall require the outside service providers to defend, indemnify and hold the City of Elgin harmless from and against all claims, liabilities, losses and expenses caused by their negligence in providing transportation services under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made effective as of the date set forth above and executed by their duly authorized officials. PACE CITY OF ELGIN By: By: Executive Director" El Scho&k, Mayor Date: all r 3 Date: �;_Q Attest: City Clerk4411) 3 of 6 Exhibit A—Ride in Kane TRANSPORTATION SERVI ES TYPE OF SERVICE: Demand-Response service. Service 1-vels will not exceed limits dictated by funding levels stipulated in the agreement. SERVICE OPERATED BY: Contractors including: Privat:Paratransit providers,Taxi Cab Companies, Other Qualified Providers of Transportatio services. TRIP RESERVATION METHOD: Reservations shall be .ccepted at the Pace central call center a maximum of seven (7) days in advance of the thy service for an eligible trip request or as directed by Pace. Trips which previously were provided as subscriptions ill continue to be provided as subscriptions, as defined and approved by Pace. Trips requested with less than one(1) day but more that four(4)hours advance notice from the desired pick up time may be honored to the ex lent that the request can be accommodated within the framework of the day's sche. le. Trip requests having over one(1) day notice from the desired pick up time shall b: accommodated. SERVICE MODE: A transit vehicle, either a paratransit bu• or taxi, will be deployed that is identified to be the most cost effective, efficient and ap.ropriate to provide service. elk SERVICE AREA: Trips shall be provided within the Kane ounty area and surrounding counties as authorized by City of Elgin. SERVICE HOURS: Twenty-four(24)hours a day, seven ( ) days a week, three hundred sixty-five(365)days a year. FARE STRUCTURE: Currently any of the four(4) options apply which are$3.00 for the first 10 miles and a$1.50 for every mile after, $4.00 fla fare, free fare or as determined by the sponsor. RIDER ELIGIBILITY: City of Elgin shall determine ride eligibility in accordance with JARC and NEW FREEDOM funding eligibility require ents and provide the information on eligible riders to Pace. rik 4of6 Exhibit B - REPORTS DESCRIPTION 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 In Kane project. 1. Detailed Funding Source (Sponsor)Report The intent of this report is to produce a detailed listing of one-way trips delivered for each Ride in Kane funding source (sponsor)for a user specified period of time. The normal report period would be monthly, but the report is intended to have the flexibility to produce data for shorter or longer periods as specified by the user. The report is intended to match the design and content, as closely as possible, of the Detailed Provider Report. Data provided for each trip will include associated trip data such as rider name,scheduled pick-up time,actual pick-up time,point of origin address, destination address, funding sources(sponsors),total cost of the trip, fare for the trip, distance of the trip,revenue hours (if applicable). The exact content of the report in its final form may vary depending on the feasibility of including 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 for the user. Plans call for the report to be sorted by provider, funding source, rider, and fare type. 441) 2. Monthly Funding Source(Sponsor)Invoice Report The intent of this report is to produce one or more summary reports of trips delivered for each funding source (sponsor)for the purposes of generating an invoice type report which may be used to bill funding sources for transportation provided. The normal report period would be monthly, but the report is intended to have 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 for the specified period, such as the number of one-way trips by Fare Type,total cost of the trips, total expected fare, liquidated damages deducted,the total net reimbursement. The exact content of the report in its final form may vary depending on Pace and provider needs.The report may be broken into one or more additional reports if that design is 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 all trips picked up 61 or more minutes after the scheduled time; the Ride in Kane service 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. 5 of 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 in Kane se ice guideline defining a late trip. Sufficient detail will be provided to identify the trip wit 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 by funding source indicating trips by fare type, late trips, missed trips,revenue hours,deni:Is, and miles. Client Trip List Report—A detailed listing alphabetic ally 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 eeded by Pace, Ride In Kane Sponsors,and with the input of the Kane County Paratr.1 sit Coordinating Council. r 6 of 6 Attachment B COST ESTIMATE WORKSHEET 2011 LOCAL SHARE AGREEMENT PROJECT: CITY OF ELGIN REVENUE $ 80,000 EXPENSE $653,639 DEFICIT $573,639 PACE SUBSIDY $170,184 NFI/JARC GRANT AMOUNT $244,696 CALL CENTER GRANT $ 67,397 PACE CALL CENTER SUBSIDY $ 16,849 LOCAL SHARE $ 74,513 RIDERSHIP 26,000 HOURS OF SERVICE UP TO 9,750 The parties shall adhere to the payment scheduled attached hereto and made a part hereof as Attachment `B', except as otherwise provided for herein. 4) Cost Estimate Worksheet 2011 Local Share Agreement Attachment C RIDE IN KANE PACE SUBSIDY AGREE ENT City of Elgin This agreement is made this day of ,2010,by and between the Suburban Bus Division of the "Regional Transportation Authority(RTA),an Illinois municipal corpo .tion and special purpose unit of government" operating under the name of and hereinafter referred to as"Pace"and th- City of Elgin, Illinois a municipal corporation hereinafter referred to as "the City". WHEREAS,the parties hereto have previously entered into an Agreem=nt dated April 14,2010,commonly known as 'New Freedom and Job Access and Reverse Commute',entitled 'Ride i Kane New Freedom/JARC Service Agreement(hereinafter referred to as the `JARC Agreement'),a copy o i which is attached hereto and made part hereof as Attachment`A'; and WHERAS,the JARC Agreement provided that the City shall fund the lo cal share/non-federal portion of the New Freedom and JARC Grants for the eligible mobility management costs of-the Project by contributing funds not to exceed fifty percent(50%)of the net cost for its registered riders or as a d proved by the City's budget authority,as its local share for the Ride in Kane Program; and WHERAS,Pace shall subsidize the City pursuant to the provisions oft e JARC Agreement by contributing funds to the City in an amount not to exceed$170,184; provided, however,that "ace shall not be required to contribute the aforementioned funds in the event such funds are not available to Pace NOW,THERFORE, in consideration of the mutual promises and coven: is contained herein,the sufficiency of which is hereby mutually acknowledged,the parties hereto agree as follows: TERM-This agreement will be in effect beginning January 1, 2011 and ending December 31. 2011 PACE SUBSIDY—The maximum subsidy shall be the lesser of the amounts calculated in each of the following ways: 1. 75%of the projected Operating Deficit in the Approved Budget; or 2. 75%of the actual Operating Deficit; or 3. $3.00 multiplied by the number of annual one-way pas.enger trips not to exceed the maximum number of trips in the Approved Budget or 1170,184 as long as Pace funds are available. 4. Pace subsidies shall be paid as follows: Payments will b• mailed out at the end of each month for that months' service via regular U.S. mail. BILLING—Pursuant to the JARC Agreement,Pace shall bill the C ty on a monthly basis for 50 percent of the net operating costs of the service and a portion of the mobility anagement costs that may exceed funding hereunder less the remaining monthly Pace subsidy for its eligible iders. The City agrees to make payment to Pace within thirty days of receipt of billing. Payment shall be sent o: Pace Suburban Bus Service 550 W. Algonquin Road Arlington Heights, IL 60005 Attn: Accounting Department 2011 Subsidy Agreement Page 1 City of Elgin PACE CITY OF ELGIN 41) By: By: Thomas J.Ross,Executive Director Sean R. Stegall, City Manager Date: Date: Attest: Attest: Date: Date: 411) 2011 Subsidy Agreement Page 2 City of Elgin