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HomeMy WebLinkAbout18-112 Resolution No. 18-112 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE PACE SUBSIDY AGREEMENT WITH PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR SERVICES DURING 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Ride in Kane Pace Subsidy Agreement on behalf of the City of Elgin with Pace, the Suburban Bus Division of the Regional Transportation Authority, for services during 2018, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 10, 2018 Adopted: October 10, 2018 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk RIDE IN KANE PACE SUBSIDY AGREEMENT City of Elgin This Ride in Kane Pace Subsidy Agreement ( "Agreement ") is made this 10 lb day of October, 2018, by and between Pace, the Suburban Bus Division of the Regional Transportation Authority ( "Pace ") and the City of Elgin (the "City "). Pace and the City are sometimes individually referred to herein as a "Party" and collectively as the "Parties." RECITALS WHEREAS, the City is a participating Sponsor of the Ride in Kane (RIK) program; and WHEREAS, the Association for Individual Development (AID) is the lead agency and has secured federal grant funding for the RIK program; and WHEREAS, the Kane County Department of .Transportation (KDOT) is providing a subsidy to the RIK program; and WHEREAS, the KDOT subsidy is distributed by Pace; and WHEREAS, Pace hereby agrees to subsidize the City service under the RIK program by contributing funds in an amount not to exceed one hundred ninety -five thousand six hundred seventy -eight dollars ($195,678) for Operating Cost and ten thousand one hundred eighty -two dollars ($10,182) for Call Center Costs, provided Pace funds are available. NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the Parties agree as follows: 1. Term and Termination. This Agreement will be in effect beginning January 1, 2018 and ending December 31, 2018, unless earlier terminated by one of the Parties upon sixty (60) days' notice to the other Parties in accordance with this Agreement. Advance notice of termination due to lack of funds is not required. 2. Pace Subsidy, . The Pace contribution will not exceed seventy five percent (75 %) of the Net Operating Cost up to one hundred ninety -five thousand six hundred seventy -eight dollars ($195,678). The Net Operating Cost is defined as Total Expense less fare revenue, the KDOT subsidy and the RIK grant subsidy. The Net Call Center Cost is defined as Total Expense less the Pace Call Center Grant and the Pace Call Center Subsidy. The Pace subsidy will be calculated and distributed monthly. A Cost Estimate Worksheet containing estimated ridership, expenses, fares and Pace subsidy for Net Operating Cost and Call Center Cost is incorporated herein and attached hereto as Exhibit A. 3. Billing. Pursuant to the Ride in Kane Agreement between the City and AID, Pace will bill the City monthly for the Net Operating Costs of the service including mobility management call center costs, less the monthly Pace subsidy for its eligible riders. The City will pay Pace within thirty (30) days of receipt of billing. Payment must be sent to: Pace, the Suburban Bus Division of the Regional Transportation Authority 550 W. Algonquin Road Arlington Heights, IL 60005 Attn: Accounting Department 4. Tncorporition of Recital-.. The foregoing recitals are incorporated herein by reference and made a part of this Agreement. 5. Amendment. No changes, amendments, or modifications of this Agreement will be valid unless in writing and signed by the duly authorized official of each Party. 6. Notice. All notices under this Agreement must be in writing and sent by: personal service, commercial courier, certified or registered mail, return receipt requested, with proper postage prepaid, or email to the respective addresses shown below. Notice will be considered delivered to recipient on the day of delivery if sent by personal service or commercial courier, and on the second business day after deposit in the U.S. Mail if sent by certified or registered mail. Pace, The Suburban Bus Division of the RTA City of Elgin 550 W. Algonquin Road 150 Dexter Court Arlington Heights, 11L 60005 Elgin, IL 60120 Attn: Deputy Executive Director, Revenue Services Attn: Dave Waden, Senior Planner 7. Assh- mment. No Party shall assign this Agreement or the rights and obligations hereunder to any other Party without the prior written consent of the other Parties. 8. Entire Agreement. This Agreement, including its Recitals and any Exhibit(s) attached hereto and incorporated herein constitute the entire Agreement between the Parties hereto and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, that may have related in any way to the subject matter hereof, and no other warranties, inducements, considerations, promises or interpretations, written or oral, which are not expressly addressed herein, shall be implied or impressed upon this Agreement. 9. Governing Law. Any dispute that arises as a result of this Agreement shall be heard in an Illinois court of competent jurisdiction and Illinois law shall be applied. 10. Authorization. Each signatory to this Agreement represents and warrants that they have full authority to sign this Agreement on behalf of the Party for whom they sign and that this Agreement shall be binding on the Parties hereto, their respective partners, directors, officers, employees, agents, representatives, successors and approved assigns. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials on the dates stated below. Pace, the S burban Bus Division of the RTA City of El dro By: By: 1 C4 )J(5 Thomas J. Ross, Executive Director David Kaptain, ay Date: l [ / Date: A h lity , "!C�I�erki FAL.egal DeptlAgreement\Ride in Kane Pace Subsidy Agr 2018- 9- 14- 18.doex A. . a EXHIBIT A 2018 PACE SUBSIDY AGREEMENT COST ESTIMATE WORKSHEET 2018 PROJECTIONS FOR: CITY OF ELGIN RIDERSHIP 25,108 REVENUE HOURS 9,904 PROJECTED OPERATING EXPENSES EXPENSES S635,574 REVENUE � 88.480 OPERATING DEFICIT X547.094 PACE SUBSIDY $ 195,678 OTHER PROJECTED SUBSIDY $273,547 PROJECTED CALL CENTER EXPENSES EXPENSES $50,912 PACE CALL CENTER GRANT $40,730 PACE CALL CENTER SUBSIDY $10,182 TOTAL EXPENSES $686.486- REVENUE $88,480 TOTAL SUBSIDY $520,13 7 PROJECTED LOCAL SHARE $77,869