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HomeMy WebLinkAbout13-1002 Association for Individual Development AID f3-I0Da RIDE IN KANE NEW FREEDOM/JARC SERVICE AGEMENT Phase 5,6,7 and 8 Projected Service dates: May 2013 through June 2014(Phas 5 through Phase 8 grant cycle) THIS AGREEMENT is made this 2nd day of October, 2013,by and in between the Association for Individual Development (hereinafter referred to as "AID") and the + ity of Elgin hereinafter referred to as "_City of Elgin_"). WHEREAS,the Regional Transportation Authority, as desi: ated recipient of federal New Freedom and JARC funds has agreed to allow AID, as grantee, to apply for ce ain federal funds for the Ride in Kane Program, in accordance with the New Freedom and JARC Progr.I ; the Technical Services Agreement between RTA and AID; and the application made to RTA by AID;" WHEREAS, Ride in Kane Sponsors are Aurora Towns..p, City of Elgin, Elgin Township, Association for Individual Development, Senior Services Association, Dundee Township, City of Geneva, City of St. Charles, St. Charles Township, City of Batavia, Bata a Township, Village of Gilberts, INC Board, Marklund, Village of South Elgin, Blackberry Township, C.mpton Township, Village of Campton Hills, Kaneville Township, Two Rivers Head Start, and Hesed Ho se (collectively referred to as "Ride in Kane Sponsors"). WHEREAS, Ride in Kane Sponsors requested and AID N as agreed to make application to the Federal Transit Administration for a Federal Fiscal Year 2012-20 3 New Freedom Grant and a Federal Fiscal Year 2012-2013 JARC grants in the amount of$1.4 million each year which will fund the federal portion of Ride in Kane Service; WHEREAS, under the New Freedom and JARC the f:•eral share of eligible capital/mobility management and planning costs may not exceed 80 percent of the ne'cost of the project and the federal share of the eligible operating costs may not exceed 50 percent of the net o erating costs of the project; WHEREAS, Ride in Kane Sponsors agree to fund the loci share/non federal portion of the New Freedom and JARC grants in the amount of$1.4 million. WHEREAS, City of Elgin agrees to satisfy a portion of a e local share of the eligible mobility management costs of the project for its registered riders and a po 'on of the local share for the eligible operating costs of the project at no less than 50 percent of the net co.t for its registered riders by committing funds in the amount not to exceed$117,946; WHEREAS, AID as Grantee of New Freedom and JAR' Funding has agreed to enter into an Agreement with PACE in order for PACE to provide the services ma e specifically set forth herein; WHEREAS, the Ride in Kane Sponsors agree to com ly and cooperate with all applicable provisions of the New Freedom and JARC Program Guidance and Application Instructions as set forth in Federal Transit Administration Circular C 9045.1 and Circular C 9150.1 which is incorporated by reference and made a part of this Agreement as though fully set forth thereto; NOW THEREFORE,in consideration of the mutual promi•es hereinafter set forth, the parties agree as follows: 1. Description of Service: The Ride in Kane services are descrio ed in Exhibit A attached hereto and made a part hereof. PACE shall be responsible for providing all transportation services in connection with the Ride in Kane Program. 2. Service Parameters: City of Elgin agrees to ensure that a e service parameters for their eligible riders in Ride in Kane shall be in compliance with the goals . o d objectives of the New Freedom and JARC grants and FTA C 9045.1 and FTA C 9050.1 which i• incorporated by reference and made a part of this Agreement as though fully set forth herein.Any ci ange in the service parameters must be in compliance with the FTA New Freedom and JARC regula ions. In addition, City of Elgin agrees to comply and cooperate with all applicable provisions of e New Freedom and JARC Program Federal Transit Administration (FTA) Statutory References 9 U.S.C. Section 5317 and 49 U.S.C. Section 5316 that is incorporated by reference and made a p. of this Agreement as though fully set forth herein. 3. Term: This Agreement shall remain in effect for as long as liere are sufficient funds to support the service unless either party terminates the agreement pursuant o paragraph 7. 4. Billing: Pace shall bill monthly, City of Elgin a portion of the local share of the eligible mobility management costs of the project for its registered riders . d a portion of the local share for the eligible operating costs of the project at no less than 50 perc fi t of the net cost for its registered riders; City of Elgin agrees to make payment to Pace due within irty days of receipt of billing. Payment shall be sent to: Pace Suburban Bus Services 550 W.Algonquin Road Arlington Heights, IL 60005 Attn: Accounting Department 5. Reporting: City of Elgin agrees to provide AID a copy of e monthly invoice for services received from Pace along with a copy of proof of payment. 6. Service Provision: Neither Pace nor AID shall be responsib e for any failure to provide the Service due to circumstances beyond the control of Pace. It shall be the sole responsibility of Pace to make every reasonable effort to restore Service as soon as practi .1 under the circumstances. Pace shall have the right to make minor revisions to the Service during he term of this Agreement upon written notification to and concurrence by AID and City of Elgin. • ID shall not be held responsible for any failure of PACE to provide service due to circumstances beyo nd the control of AID. 7. Termination: Either party may terminate this agreement ith forty-five (45) days written notice. However,outstanding payments due and owing shall survive termination of the agreement. 8. Complete Agreement: This Agreement constitutes the enti - agreement between the parties hereto. Any proposed change to this Agreement shall be submitt a to AID and City of Elgin for its prior approval. No modification, addition or deletion to this Agre- ent shall be effective unless and until such changes are reduced to writing and executed by the au a orized officers of each party. 9. Notices: All notices due to the other party shall be deliver a as follows unless and until otherwise directed If to: Association for Individual Development: If to: Ci y of Elgin Association for Individual Development City of Igin 309 West New Indian Trail Court 150 De ter Ct. Aurora, IL 60506-2494 Elgin,I I 60120 Attn: Lynn O'Shea,President Attn: Stan R. Stegall, City Manager 10. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Illinois. 11. The parties agree that the preamble and whereas clauses are terms of this Agreement as though fully set forth hereunder. 12. This Agreement has been duly authorized by the proper authorities of AID and City of Elgin. 13. Compliance with Policies and Procedures. City of Elgin her-by agrees to adhere to all Ride in Kane Program policies and procedures as determined by AID, PACE, and the Regional Transportation Authority(the"RTA"). 14. Miscellaneous. A. City of Elgin acknowledges that it if makes a false, fi titious, or fraudulent claim, statement, submission, or certification to the United States or to the Stat of Illinois in connection with the Ride in Kane Program, they reserve the right to impose on the Sponsor the penalties of 18 USC 1001,49 USC 5307, 31 USC 3801, and 49 CFR 31,as they may deem ..ppropriate. B. City of Elgin acknowledges that federal and state gov. +ental requirements may change and the changed requirements will apply to the Project as requi City of Elgin acknowledges that a reference to a specific law in this Agreement is considered t• be a reference to 1) such law as it may be amended, modified, or supplemented from time to time, .) all regulations and rules pertaining to or promulgated pursuant to such law, 3) the successor to e law resulting from recodification or similar reorganizing of laws and 4)all future laws pertaining o the same or similar subject matter. IN WITNESS WHEREOF: the parties hereto have caused the Agreement to be made effective as the date set forth above and executed by their duly authorized officials. ASSOCIATION FOR City of E gin IlVDIVIDUAL DEVELOPMENT By: By: s/` Lynn O''Shea,President David J. •, , ��ayor Date: 1 b 3, Date: !/ , `"1'C✓ ', 2-0/3