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10-70 FLOM, City of Elgin moo`•.. . °RATED EEi.' July 1, 2011 RE: Resolution No. 10-70 Ride in Kane New Freedom/JARC Service Agreemeni with the Suburban Bus Division of the Regional Transportation Authority (PACE) To Whom It May Concern: The document listed above was sent out for signatures to anotl er entity and an executed copy was never returned to the City Clerk's office for record retent on. Attached is the un-executed copy that was sent out for signature. Thank you. Resolution No. 10-70 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE NE FREEDOM/JARC SERVICE AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORIT (PACE) 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 a e hereby authorized and directed to execute a Ride in Kane Pace New Freedom/JARC Service Agre-ment on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportatio Authority (PACE) for the Ride in Kane Program, a copy of which is attached hereto and made a .art hereof by reference. s/ Ed Schock Ed Sc ock. Mayor Presented: April 14, 2010 Adopted: April 14. 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk � f � � t f; \ City of Elgin Memorandum % lc* RATED co? Date: April 26, 2010 To: Steve Damolaris, GIS Manager From: Jennifer Quinton, Deputy City Clerk Subject: Resolution Nos. 10-70 and 10-71, Adopted at the April 14, 2006, Council Meeting Enclosed you will find the agreement listed below. Please have these agreements signed and executed by PACE and return one fully executed copy of each to the City Clerk's office for the City's records. If you have any questions please feel free to contact our office 847-931- 5660 and we will do our best to assist you. Thank you. 1. Ride in Kane New Freedom/JARC Service Agreement with the Suburban Bus Division of the Regional Transportation Authority (PACE) 2. Ride in Kane PACE Subsidy Agreement with the Suburban Bus Division of the Regional Transportation Authority (PACE) RIDE IN KANE NEW FREEDOM/JARC SERVICE A REEMENT THIS AGREEMENT is made this\1 day of � , 2010, by and between the Suburban Bus Division of the Regional Transportation A uthority (hereinafter referred to as "Pace"), and the City of Elgin, as a sponsor of the Ride in Ka e 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 Fre-dom and JARC Programs; WHEREAS, City of Elgin as a sponsor of the Ride i n 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 s are/non federal portion of the New Freedom and JARC grants for the eligible mobility ma agement costs of the project for registered riders and the local share for the eligible operatint 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 J i RC Funding has agreed to provide the services more specifically set forth herein; WHEREAS, City of Elgin agrees to comply a d cooperate with all applicable provisions of the New Freedom and JARC Program Fed-ral Transit Administration (FTA) Statutory References 49 U.S.C. Section 5317 and 49 U.S.C. ',ection 5316 that is incorporated by reference and made a part of this Agreement as though fully et forth herein;. NOW THEREFORE, in consideration of the mutu.l promises hereinafter set forth, the parties agree as follows: 1. Description of Service: The Ride in Kane services .re described in Exhibit A attached hereto and made a part hereof 2. Service Parameters: City of Elgin agrees to ensure hat the service parameters for their eligible riders of City of Elgin in Ride in Kane shall se 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 incprporated herein. Any change in the service parameters must be in compliance with e 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 ageement pursuant to paragraph 8. 4. Local Share: City of Elgin agrees to contribute funds not to exceed $68,219 annually or as approved by the City of Elgin budget authority, as 'ts local share for the Ride in Kane Program. Service levels will not exceed limits dictate• by funding levels stipulated in the agreement. 5. Billing: Pace shall bill City of Elgin on a monthly bass s for fifty percent (50%) of the net operating costs of the service that may exceed fundin.4 hereunder and/or 20% of mobility management, if applicable, for its eligible riders. Ci of Elgin agrees to make payment to Pace within thirty days of receipt of billing, subject 'o 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 Elg n as described in Exhibit B. 7. Service Provision: Pace shall not be responsible for ani failure to provide the Service due to circumstances beyond the control of Pace. Howeve , Pace shall make every reasonable effort to restore Service as soon as practical under the ircumstances. 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 Elg n. 8. Termination. Either party may terminate this agr-ement with forty-five (45) days written notice. However, outstanding payments due an. owing shall survive termination of the agreement. 9. Complete Agreement: This Agreement constitutes the e tire agreement between the parties hereto. Any proposed change to this Agreement shall se submitted to Pace and the City of Elgin for their respective prior approval. No modifi ation, addition or deletion to this Agreement shall be effective unless and until such c anges are reduced to writing and executed by the authorized officers of each party. 10. Notices: All notices due to the other party shall be &livered 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. 12. The parties agree that the preamble and whereas cla ses are terms of this agreement as though fully set forth hereunder. 13. This delegated authority for City of Elgin has duly a.proved this agreement. 14. This agreement has been properly authorized by the P.ce 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 additiona insured under Pace's auto liability policies of insurance with respect to claims asserted a.ainst the City of Elgin arising from any negligent acts or omissions of Pace in providing t e 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 ou side service providers to arrange for the City of Elgin to be named as an additional ins red 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 omis ions of the outside service providers in connection with the services described in this Agre-ment. Pace shall provide copies of the initial Certificates of Insurance to the City of Elgi . Thereafter, the City of Elgin shall be responsible for tracking and monitoring its a.ditional insured status on outside service providers' auto liability policies of insurance. 16. Defend, Indemnify and Hold Harmless: In the event t at Pace directly provides the service hereunder rather than through an outside serv.ce provider, Pace agrees to defend, indemnify, and hold harmless the City of Elgin for al 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 servic- providers to defend, indemnify and hold the City of Elgin harmless from and against .11 claims, liabilities, losses and expenses caused by their negligence in providing tran.portation 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 .my authorized officials. PACE 1 ITY OF ELGIN By: By: / / Executive Director E. '.chock, Mayor Date: Date: Ii_ ' Attest: �ss�v : City Clerk 3 of 6 Exhibit A— Ride in Kane TRANSPORTATION SERV CES 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: Priva le Paratransit providers, Taxi Cab Companies, Other Qualified Providers of Transportation services. TRIP RESERVATION METHOD: Reservations shall be accepted at the Pace central call center a maximum of seven (7) days in advance of the .ay 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 th.n four(4) hours advance notice from the desired pick up time may be honored to the e tent that the request can be accommodated within the framework of the day's sch:dule. Trip requests having over one (1) day notice from the desired pick up time shall •e accommodated. SERVICE MODE: A transit vehicle, either a paratransit b s 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 Kan, County area and surrounding counties as authorized by City of Elgin. SERVICE HOURS: Twenty-four (24) hours a day, seven 7) days a week, three hundred sixty-five (365) days a year. FARE STRUCTURE: Currently any of the four (4) optio s apply which are $3.00 for the first 10 miles and a $1.50 for every mile after, $4.00 at fare,free fare or as determined by the sponsor. RIDER ELIGIBILITY: City of Elgin shall determine riser eligibility in accordance with JARC and NEW FREEDOM funding eligibility requi ements and provide the information on eligible riders to Pace. 4 of 6 Exhibit B — REPORTS DES RIPTION 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 Rid- In Kane project. 1. Detailed Funding Source (Sponsor) Report The intent of this report is to produce a detailed listint of one-way trips delivered for each Ride in Kane funding source (sponsor) for a use specified period of time. The normal report period would be monthly, but the repo is intended to have the flexibility to produce data for shorter or longer periods as speci ied by the user. The report is intended to match the design and conte , 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 pi I k-up time,point of origin address, destination address, funding sources (sponsors), total ost of the trip, fare for the trip, distance of the trip, revenue hours (if applicable). Th: exact content of the report in its final form may vary depending on the feasibility of i eluding the large amount of data specified in one report. It is possible that the report mi y be broken into one or more additional reports to make the data more manageable or the user. Plans call for the report to be sorted by provider, fun.ing source, rider, and fare type. 2. Monthly Funding Source (Sponsor) Invoice Repor The intent of this report is to produce one or more su mary reports of trips delivered for each funding source (sponsor) for the purposes of ge erating 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 tri. data necessary to provide an accounting of the amount owed by each funding sour e for the specified period, such as the number of one-way trips by Fare Type, total cost o f the trips, total expected fare, liquidated damages deducted, the total net reimburse ent. The exact content of the report in its final form may vary depending on Pace and pro ider needs. The report may be broken into one or more additional reports if that desi.n is more useful. Plans call for the report to be sorted by provider, funs ing source, fare type, and rider. 3. Missed Trip Report The Missed Trip Report is intended to produce a list o f all trips picked up 61 or more minutes after the scheduled time; the Ride in Kane se vice guideline defining a missed trip. Sufficient detail will be provided to identify the ti ip 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 in ended to produce a list of all trips picked up 16 or more minutes late; the Ride in Kane s-rvice guideline defining a late trip. Sufficient detail will be provided to identify the trip ithin Trapeze and to give the report user the necessary information for review. 5. Other Reports In addition to the reports described above, reports cu ently generated can also be made available. Reports currently available include: Ridership by Category Report—A summary report .y funding source indicating trips by fare type, late trips, missed trips, revenue hours, dinials, and miles. Client Trip List Report—A detailed listing alphabe l'cally by rider last name of all trips provided during the specified period. Data included fur each trip is rider name, pick-up address, drop-off address, fare type, and funding sour e. Future Needs—Additional reports may be designed ;s needed by Pace, Ride In Kane Sponsors, and with the input of the Kane County Par.transit Coordinating Council. 6 of 6