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12-0106 Ride in Kane ';4-o)ob ■ pace Thomas J. Ross Connecting Communities Executive Director January 16, 2012 c/o Ms. Nancy K. Roder Executive Assistant to Mr. Sean Stegall, City Manager City of Elgin 150 Dexter Court Elgin, IL 60120 RE: Ride in Kane Agreement Dear Ms. Roder: Enclosed you will find one of two fully executed originals of the agreement between Pace and the City of Elgin to be a sponsor of the Ride it Kane Agreement. AID (Association for Individual Development) as Administrator, Pace as Coordinator/Operator, and the City of Elgin as sponsor will provide paratransit services for citizens of the area covered in the Ride in Kane program. Sincerely, Melinda J. Metzger Deputy Executive Director Revenue Services MJM/smk-J-RIK agrmts-Elgin'llretrn exctd orig cc: Sally Williams, Chicago ADA Division Manager 550 West Algonquin Road, Arlington Heights, Illinois 60005 847.364.8130 www.pacebus.com RIDE IN KANE City of Elgin SERVICE AGREEMENT', THIS AGREEMENT is made this '( day of 11/n- , 201)1 by and between the Suburban Bus Division of the Regional Transportation A4thority (hereinafter referred to as "Pace"), and the City of Elgin, as a sponsor of the Ride in Ka (RIK) program. WHEREAS, the Regional Transportation Authority, s designated recipient of federal New Freedom and JARC funds has agreed to allow the Association for Individual Development (AID), as grantee, to act as administrator and fiscal agent f r operations of the Ride In Kane Program, in accordance with the New Freedom and JARC Pro rams. WHEREAS, AID finds it necessary and desirabl to contract for services of a Coordinator of the Project (hereinafter referred to as Coordi ator) who shall be responsible for the operation of the RIK Program; and WHEREAS, PACE is in the business of public ransportation, has the necessary expertise required of a Coordinator as described herein, and s willing to provide the functions required of Coordinator; and WHEREAS, AID and PACE have entered into an agreement that establishes Pace as the Coordinator responsible for operating the RIK program. WHEREAS, The City of Elgin as a sponsor of the Rde in Kane program was approved by the Kane County Paratransit Coordinating Council (KC CC) to participate in the Ride in Kane program. WHEREAS, The City of Elgin agrees to fund the '.ocal share portion for the eligible operating costs of the City of Elgin portion of the RIK project for registered riders. WHEREAS, Pace and the City of Elgin desire to ente into an agreement which allows Pace to bill and receive from the City of Elgin the local share nd for Pace to simultaneously pay to Elgin the Pace subsidy. NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows: 1. Project Description: 1.1 Pace as Coordinator/Operator of the RIK projct will deliver Paratransit services, as described in Exhibit A, to individuals registered b the City of Elgin as being eligible for services under the RIK program. 1.2 The City of Elgin will pay to Pace the Locu1 Share cost for the City of Elgin portion of the RIK program. 1.3 Pace will pay to the City of Elgin a subsidy for the City of Elgin portion of the RIK program 1 of 2. Definitions: For the purposes of this AGREEMENT, the following definitions shall apply: 2.1 Paratransit service means the provision of demaid responsive transportation by a carrier. 2.2 Carrier or Contractor means a public or private entity providing passenger transportation on a regular and continuing basis 2.3 Eligible Rider means any person who is registe d and is deemed eligible by the City of Elgin for participation in the RIK Progr . 2.4 Sponsor means a unit of local government oragency that will participate in the RIK Program purchasing Paratransit services fo its Eligible Riders. 2.5 Eligible trips mean Paratransit transportation taken by Eligible Riders to destinations that are approved by the City of Elgin and are acceptable to the City of Elgin and PACE. 2.6 Total Operating Expense means the gross oper ting cost for paratransit demand response services as described herein on Exhib't A. This includes amount paid to contractors for service delivery, and any and al reasonable costs Pace incurs in the administration of this program as billed to s onsors for transportation services. l 2.7 The Pace Subsidy is 75% of the total operating expenses minus fare revenue, minus Federal Grants received and managed by AID that are specifically granted to cover the RIK operating expense, minus the Kane County Subsidy. 2.8 Fare Revenue means the fares collected by carriers from passengers. 2.9 Pace Contribution means the total subsidy provided by Pace as identified in this agreement. 4. Term: This Agreement shall remain in effect from Jan ary 1, 2012 through February 28, 2012 as long as there are sufficient funds to support th service unless either party terminates the agreement pursuant to paragraph 8. 5. Local Share: City of Elgin agrees to contribute fu ds not to exceed $13,300, for the period of this agreement as its local share for the Ri I e in Kane Program. Service levels will not exceed limits dictated by funding levels stipul.ted in the agreement. 6. Billing: Pace shall bill City of Elgin on a monthly oasis by taking the Total Operating expenses incurred by City of Elgin minus revenues; 1 inus Federal Grants received and managed by AID that are specifically granted to cove the RIK operating expense; minus the Pace Subsidy and minus the Kane County Subsid . The City of Elgin agrees to make payment to Pace within thirty days of receipt of bil ing, subject to the limit on City of Elgin's local share set forth in paragraph 4 of this agr:ement. Payment shall be sent to: Pace Suburban Bus Service 2of8 550 W. Algonquin Road Arlington Heights, IL 60005 Attn: Accounting Department 7. Reporting: Pace shall provide reporting to the City of Elgin as described in Exhibit C. 8. Service Provision: Pace shall not be responsible for anyf failure to provide the Service due to circumstances beyond the control of Pace. However,Pace shall 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 the City of Elgin. 9. Termination: Either party may terminate this agree ent with thirty (30) days written notice. However, outstanding payments due and owi g shall survive termination of the agreement. 10. Complete Agreement: This Agreement constitutes t e entire agreement between the parties hereto. Any proposed change to this Agreeme t shall be submitted to Pace for its prior approval. No modification, addition or deletion t this Agreement shall be effective unless and until such changes are reduced to writin and executed by the authorized officers of each party. 11. Notices: All notices due to the other party shall be delivered as follows unless and until otherwise directed: If to Pace: 1 Pace Paratransit Services 550 W. Algonquin Road Arlington Heights, IL 60005 !I Attn: Executive Director If to City of Elgin: City of Elgin 150 Dexter Ct. Elgin, Il. 60120 Attn: Sean R. Stegall 12. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Illinois. 13. The parties agree that the preamble and whereas clauses are terms of this agreement as though fully set forth hereunder. 14. This delegated authority for the City of Elgin has duly approved this agreement. 15. Insurance: In the event that Pace directly provides the service described herein, Pace shall 3of8 arrange for the City of Elgin to be named as an additional insured under Pace's auto liability policies of insurance with respect to claims *sserted against the City of Elgin arising from the sole negligence of Pace Suburban Bus when providing the services described in this Agreement. In the event that Pace Oontracts 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 ser+es 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' uto liability policies of insurance. 16. Defend, Indemnify and Hold Harmless: In the eve t that Pace directly provides the service hereunder rather than through an outside servi'e 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 servi e providers to provide the service described herein, Pace shall require the outside serv' e providers to defend, indemnify and hold the City of Elgin harmless from and again.t all claims, liabilities, losses and expenses caused by their negligence in providing ransportation 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: 1\V^ ' By: /l!'�(�• SCJ Executive Director Date: k t Date: 4of8 ' Exhibit A—Ride in Kane TRANSPORTATION SERVICES TYPE OF SERVICE: Demand-Response curb to curb paratransit service. Service levels will not exceed limits dictated by funding levels stipulated in the Agreement. Subscription services shall be provided as defined and approved by sponsor, AID and PACE SERVICE OPERATED BY: Pace will contract with transjortation provider(s) (the "Contractor") to provide the service which is the subjedt of this Agreement. TRIP RESERVATION METHOD: Reservations shall be ccepted 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 requested with less than one (1) day but more thin 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 sche ule. 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 Kane 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) options apply which are $3.00 for the first 10 miles and a $1.50 for every mile after, $4.00 flat fare, free fare or as determined by the sponsor. RIDER ELIGIBILITY: City of Elgin shall determine rid r eligibility in accordance with RIK funding eligibility requirements and provide the 'nformation on eligible riders to Pace. 5of8 Exhibit C—Ride in Kane REPORT(S) DESCRITI ION 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 listingf one-way trips delivered for each Ride in Kane funding source (sponsor) for a user pecified period of time. The normal report period would be monthly, but the report s intended to have the flexibility to produce data for shorter or longer periods as specifi d 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 tripill include associated trip data such as rider name, scheduled pick-up time, actual pic -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 txact content of the report in its final form may vary depending on the feasibility of in luding 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 r the user. Plans call for the report to be sorted by provider, funding source, rider, and fare type. 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 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 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 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 f all trips picked up 61 or more minutes after the scheduled time; the Ride in Kane se ice guideline defining a missed trip. Sufficient detail will be provided to identify the rip within Trapeze and to give the report user the necessary information for review. 6of8 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 will be provided to identify the trip within Trapeze and to give the report user the necessary 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 b 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 forj 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 Paratransit Coordinating Council. 7of8 COST ESTIMATE WO1ZKSHEET JANUARY/FEBRUARY 2012 LOCAL SI- ARE AGREEMENT PROJECT: CITY OF ELGIN EXPENSES $ 114,000 REVENUE $ 17,000 OPERATING DEFICIT $ 97,000 NFI/JARC GRANT AMOUNT* $ 48,500 PACE SUBSIDY $ 31,000 KANE COUNTY SUBSIDY $ 4,200 CITY of ELGIN LOCAL SHARE $ 13,300 *NFI/JARC (New Freedom Initiative and Job Access Reverse Commute) is a Federal Grant received by and 4dministered by the Association for Individual Development to offset the 50% of the operating Deficit. 8of8