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HomeMy WebLinkAbout21-183 Unsigned Resolution No. 21-183 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE NEW FREEDOM/JARC AND 5310 SERVICE AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT REGARDING THE RIDE IN KANE PROGRAM (Phase 19 through 20—August 2021 through August 2023) 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 is hereby authorized and directed to execute a Ride in Kane New Freedom/JARC and 5310 Service Agreement, (Phase 19 through 20-August 2021 through August 2023), on behalf of the City of Elgin with Association for Individual Development regarding the Ride in Kane Program, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 1, 2021 Adopted: December 1, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk II RIDE IN KANE NEW FREEDOM/JARC and 5310 SERVICE AGREEMENT Phase 19 through 20 Projected Service dates: August 2021 through August 2023 THIS AGREEMENT is made this 1st day of December, 2021, by and in between the Association for Individual Development (hereinafter referred to as "AID") and City of Elgin, an Illinois municipal corporation (hereinafter referred to as "City of Elgin"). WHEREAS, the Regional Transportation Authority, as designated recipient of federal New Freedom, 5310 and JARC funds has agreed to allow AID as grantee, to apply for certain federal funds for the Ride in Kane Program, in accordance with the New Freedom, 5310 and JARC Program; the Technical Services Agreement between RTA and AID; and the application made to RTA by AID; WHEREAS, Ride in Kane Sponsors are Aurora Township, City of Elgin, Elgin Township, Association for Individual Development, Senior Services Association, Dundee Township Partners, City of Geneva, City of St. Charles, St. Charles Township, City of Batavia, Batavia Township, Village of South Elgin, Blackberry Township, Campton Township, Village of Campton Hills, AID, INC Board, NFP, Pace Suburban Bus, and Hesed House (collectively referred to as "Ride in Kane Sponsors"). WHEREAS, Ride in Kane Sponsors requested and AID has agreed to make application to the Federal Transit Administration for a Federal Fiscal Years 2021-2023 Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities and, which will fund the federal portion of Ride in Kane Service; WHEREAS, under the New Freedom, 5310 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, Ride in Kane Sponsors agree to fund the local share/non federal portion of the New Freedom, 5310 and JARC grants. WHEREAS, City of Elgin agrees to satisfy a portion of the local share of the eligible mobility management costs of the project for its registered riders and a portion of the local share for the eligible operating costs of the project at no less than 50 percent of the net cost for its registered riders by committing funds in the amount of$152,712 each fiscal year; WHEREAS, AID as Grantee of New Freedom, 5310 and JARC Funding has agreed to enter into an Agreement with PACE in order for PACE 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, 5310 and JARC Program 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 forth thereto; 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. 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 the service parameters for their eligible riders in Ride in Kane shall be in compliance with the goals and objectives of the FTA 5310 program and FTA C 9045.1 and FTA 9050.1 which is incorporated by reference and made a part of this Agreement as though fully set forth herein. Any change in the service parameters must be in compliance with the FTA 5310 program regulations. In addition, City of Elgin agrees to comply and cooperate with all applicable provisions of the FTA 5310 program regulations, FTA 49 U.S.0 Section 5317 and U.S.C. Section 5136 is incorporated by reference and made a part of this Agreement as though fully set forth herein. 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 agreement pursuant to paragraph 7. Any party may terminate this Agreement in accordance with paragraph 7. 4. Billing: As invoicing agent, 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 and a portion of the local share for the eligible operating costs of the project at no less than 50 percent of the net cost for its registered riders. Notwithstanding anything to the contrary in this Agreement the City of Elgin's total cost for this agreement shall not exceed $152,712 for each City of Elgin fiscal year. City of Elgin agrees to make payment to Pace due within thirty 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 Outstanding payment obligations due and owning shall survive termination of this Agreement. 5. Reporting: City of Elgin agrees to provide AID a copy of the monthly invoice for services received from Pace along with a copy of proof of payment. Pace shall provide reports to AID, Kane County, and RIK Sponsors as described in Exhibit B attached hereto. 6. Service Provision: Neither Pace nor AID shall be responsible 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 practical under the circumstances. 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 AID. AID shall not be held responsible for any failure of PACE to provide service due to circumstances beyond the control of AID. 7. Termination: Either party may terminate this agreement with 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 entire agreement between the parties hereto. Any proposed change to this Agreement shall be submitted to AID for its prior approval. No modification, addition or deletion to this Agreement shall be effective unless and until such changes are reduced to writing and executed by the authorized officers of each party. 9 Notice: Any notice under this Agreement shall be in writing and shall be given in the following manner: Association for Individual Development: Sponsor: City of Elgin Association for Individual Development 150 Dexter Court 309 West New Indian Trail Court Elgin, Illinois 60120 Aurora, IL 60506-2494 Attn: Lore Baker, President Attn: Richard G. Kozal Fax number: 630-844-2065 City Manager Pace: Pace, Suburban Bus Division of the RTA 550 W. Algonquin Road Arlington Heights, IL 60005 Attn: Rocky Donahue, Executive Director Fax number: 847-228-4205 10. Governing Law, Jurisdiction, and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to principles of conflicts of law, and the Parties submit to the exclusive jurisdiction and venue of the state courts of Kane County, Illinois for any dispute arising out of or related to this Agreement. 11. Severability: If any provision of this Agreement is held invalid or unenforceable by an Illinois court of competent jurisdiction, such provision shall be deemed severed from this Agreement and the remainingprovi sions i p sons of this Agreement shall remain in full force and effect. 12. Assignment: No Party shall assign, delegate, or otherwise transfer all or part of its rights and obligations under this Agreement without the prior written consent of the other Party. It is, however, anticipated that Kane County will become the duly authorized grantee of 5310 funds at some point prior to the effective date of the next phase of funding. All commitments set forth in this agreement will remain in full force and effect. 13. Authority: The signatories to this Agreement represent and warrant that they have full authority to sign this Agreement and bind the Party for whom they sign. 14. Compliance with Policies and Procedures. City of Elgin hereby agrees to adhere to all Ride in Kane Program policies and procedures as determined by AID, PACE, and the Regional Transportation Authority(the "RTA"). 15. Miscellaneous. A. City of Elgin acknowledges that it if makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the United States or to the State 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 appropriate. B. City of Elgin acknowledges that federal and state governmental requirements may change and the changed requirements will apply to the Project as required. City of Elgin acknowledges that a reference to a specific law in this Agreement is considered to be a reference to 1) such law as it may be amended, modified, or supplemented from time to time, 2) all regulations and rules pertaining to or promulgated pursuant to such law, 3) the successor to the law resulting from recodification or similar reorganizing of laws and 4) all future laws pertaining to 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 INDIVIDUAL SPONSOR: City of Elgin DEVELOPMENT By: By: David J. Kaptain, Mayor Date: Date: December 1, 2021 ATTEST: By: alf-(—t06 City Clerk Exhibit A — Ride in Kane TRANSPORTATION SERVICES TYPE OF SERVICE: Demand Response service. Service levels will not exceed limits dictated by funding levels stipulated in this agreement. SERVICE OPERATED BY: Contractors including: Private Paratransit providers, Taxi Cab Companies, Other Qualified Providers of Transportation services. MOBILITY MANAGEMENT: Private Contractor will provide a mobility management service. This includes operations of a central call center for service access by consumers, data management and trip management. Mobility management may include passenger assessments for the purpose of travel planning and passenger training. TRIP RESERVATION METHOD: Reservations shall be accepted at the Pace central call center a maximum of seven (7) days in advance of the day service for an eligible trip request or as directed by Pace. Trips, which previously were provided as subscriptions, will continue to be provided as subscriptions, as defined and approved by Pace. Trips requested with less than one(1)day but more than 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 schedule. Trip requests having over one(1) day notice from the desired pick up time shall be accommodated. SERVICE MODE: A transit vehicle, either a paratransit bus or taxi, will be deployed that is identified to be the most cost effective, efficient and appropriate to provide service. SERVICE AREA: Trips shall be provided within the AID area and surrounding counties as authorized by the AID. SERVICE HOURS: Twenty-four(24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. FARE STRUCTURE: $ 4.00 per one-way trip up to ten (10) miles; $ 1.50 per 1 mile thereafter; Airport fares at the established discount fare, or as determined by the Sponsors. RIDER ELIGIBILITY: The Sponsor shall be responsible for determining and retaining records of rider eligibility in accordance with 5310, JARC and NEW FREEDOM funding eligibility requirements and provide the information on eligible riders to AID upon request. Exhibit B— Ride in Kane REPORT(S) 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 sources (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. 2. Monthly Source (Sponsor) Invoice Report The intent of this report is to produce one or more summary reports of trips delivered for each funding sources (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, and 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. 4. On-Time Performance Report The On-Time Performance Report (late pickups) is intended to produce a list of all trips picked up 16 or more minutes late, the Ride in Kane service guideline defining a late trip. Sufficient detail ez andtogive the report user thenecessary will be provided to identify the trip within Trapeze p se information for review. 5. Other Reports In addition to the reports described above, reports currently 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, denials, and miles. Client Trip List Report - A detailed listing alphabetically 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 sources. Customer Feedback Report — A summary of issues reported by consumers including sponsor, provider, issue, status. Ride in Kane Comparison - A summary comparing prior two years data including trip count, registrations, gross cost per trip average, sponsor cost per trip average, trip mileage, and ADA trips. Future Needs — Additionally reports may be designed as needed by Pace, Ride in Kane Sponsors, and with the input of the AID Paratransit Coordinating Council.