Project Concern Para-Transit Contract - Fiscal Year 2001
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CITY OF DUBUQUE, IOWA
MEMORANDUM
November 15,2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Project Concern Para-Transit Contract - Fiscal Year 2001
Public Works Director Mike Koch and the Transit Board are recommending approval of the
Fiscal Year 2001 Project Concern Para-Transit Contract.
I concur with the recommendation and respectfully request M yor and City
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Michael A. Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
November 8, 2000
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director I/Ji;(tc?
SUBJECT: Project Concern Para-Transit Contract - Fiscal Year 2001
INTRODUCTION
The purpose of this memorandum is to secure City Council approval of the
Project Concern Para-Transit agreement with Keyline for the Fiscal Year
beginning July 1, 2000 through June 30, 2001.
DISCUSSION
The City is the owner of six mini-buses, which are under contract to Project
Concern to provide para-transit service for persons with disabilities pursuant
to the Americans with Disabilities Act (ADA). This is a continuation of a
multi-year program with Project Concern.
The terms of the agreement require Project Concern to operate the mInI-
buses during the same hours and days as the Keyline-fixed route service.
The agreement continues to keep the Keyline para-transit system in full
compliance with ADA requirements. Under the terms of the agreement,
Project Concern is required to assure that the services covered by this
agreement will serve only elderly and disabled persons who cannot use the
fixed route system.
The agreement provides for compensation in an amount not to exceed
$195,000, which is 1.5% under the Fiscal Year 2001 amount.
RECOMMENDATION
All contracts and agreements entered into by the Transit Board are subject to
review and approval by the City Council. The agreement with Project
Concern has already been fully executed by the Transit Board and the Project
Concern Board of Directors. I would recommend City Council approval of
the Purchase of Services Agreement with Project Concern.
BUDGET IMPACT
The Fiscal Year 2001 budget allocation for the Project Concern operation of
the para-transit system was $195,000.
ACTION TO BE TAKEN
The City Council is requested to approve the Purchase of Services
Agreement as executed by the Transit Board.
MAK/vjd
cc: Mark Munson, Transit Manager
Keyline Transit
2401 Central Avenue
Dubuque, Iowa 52001-3302
(319) 589-4196
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MEMORANDUM
November 7, 2000
TO:
FR:
Michael Koch, Public Works Director
Mark Munson, Transit Division Manager MvJ\
Subject:
FY 2001 Minibus Contract
Enclosed please find two copies of signed contracts for the FY 2001
purchase of service agreement with Project Concern Inc. for Minibus
services. The agreement is for a contract limit not to exceed $195,000.
Service
People
Integrity
Responsibility
Innovation
Teamwork
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT is entered into this 1 st day of July, 2000,
by and between the City of Dubuque, a municipal corporation, herein called the
"City," and Project Concern, Inc., an agency organized and existing under the laws of the
State of Iowa, with principal offices in Dubuque, Iowa, herein called the "Agency," for itself, its
assigns and successors.
WHEREAS, pursuant to a Capital Assistance Grant provided the City through Section
5 of the Urban Mass Transportation Act of 1964, as amended, the City has acquired and is
the owner of four (4) twelve passenger Collins small buses, one (1) twenty-one passenger
Supreme small bus and one (1) four passenger ADA f!1inivan herein called "mini-buses,"
each lift equipped to accommodate wheel chairs, and
WHEREAS, the Agency presently operates the mini-bus service to accommo-
date the transportation needs of elderly and disabled persons; and
WHEREAS, it is deemed to be in the best interest of the City and the
Agency to continue to operate, within the Dubuque urban area, the mini-buses in order to
better serve the transportation needs of elderly and disabled persons.
NOW THEREFORE, in consideration of the mutual conditions and covenants
contained in this Agreement, the City and the Agency agree as follows:
1. Terms of Aqreement
This Agreement shall be for the period beginning July 1, 2000through June 3D,
2001.
2. Scope of Service
a. The City agrees to provide the Agency for its use in
conjunction with this Agreement at no charge the following described
mini- buses:
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City of Dubuque
Vehicle Number
Vehicle
Description
2551
1995 Ford Supreme wllift
V.LN. 1 FDKE30M6RHC18615
21 passenger
2552
1996 Ford Minivan w/lift
V.I.N.2FMDA5148TBC311255
6 passenger
2553
1997 Ford Collins wllift
V.LN. 1 FDLE40FOVHA39430
14 passenger
2554
1997 Ford Collins wllift
V.LN. 1 FDLE40F2VHA39431
14 passenger
2555
1997 Ford Collins wllift
V.I.N. 1 FDLE40F4VHA39432
14 passenger
2556
1997 Ford Collins wllift
V.LN. 1 FDLE40F6VHA38251
14 passenger
b. The Agency agrees to operate the mini-buses over and on
demand response routes and on schedules Monday through
Saturday. holidays excepted, during the same hours and days as
the fixed route service.
The Agency shall verify individual to be certified as ADA
paratransit eligible to ensure that the service covered by this
Agreement will serve elderly and disabled persons who cannot
use the fixed route system.
The Agency will operate five City-owned buses and one minivan
currently in its possession.
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2. Compensation
a. The City shall pay to the Agency an amount not to exceed
$195,000 which shall constitute complete compensation for all
services to be rendered during the term of this Agreement
including the cost of providing automobile insurance on the 6
City-owned vehicles
b. Such sum shall be paid to the Agency upon receipt from the
Agency by the City by the fifth day of each month following the
month for which services were provided, of a request for
reimbursement in two (2) copies together with a ledger sheet
detailing receipts and expenditures and a tabulation detailing
delivery of services, all in a form acceptable to the City.
c. All farebox contributions received by the Agency from the
operation of the mini-bus service shall be first deducted from its
expenditures before determining the amount due from the City.
d. The Agency agrees to establish and maintain the following cash
fare structure:
Elderly or Disabled Persons One dollar ($1.00) per person
e. There shall be no reduction of service levels nor any fare increase
by the Agency or the City except as permitted by the procedures
established in the Fare Increase and Service Changes Process
adopted by the City Council for the KeyLine Transit System.
3. Maintenance and Security
a. The Agency agrees to service and maintain the mini-buses in
accordance with the manufacturer's recommendations and to
make such repairs as to keep the equipment in good operating
condition.
b. Upon expiration of this Agreement, or upon termination of the
Agreement for any cause, the mini-buses shall be returned by the
Agency to the City in the same condition as received, subject to
reasonable wear and tear.
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c.
The Agency shall take reasonable steps to safeguard the mini-
buses and take whatever steps are necessary to protect the mini-
buses from acts of vandalism or other damage during the term of
this Agreement. The Agency shall report all damage to city-owned
minibuses.
4. Mini-Bus Operators
a. The Agency shall provide training to all drivers in the following
areas:
First Aid, CPR, Sensitivity, Lift Operation and Safe Driving
b. The Agency shall determine that all personnel who operate the
mini-buses possess a valid commercial drivers license (CDL) and
that said operators shall have in their possession such CDL
licenses when operating the mini-buses. The Agency shall not
knowingly permit any operator to operate any such vehicle while
such operator's driving privileges have been revoked, canceled,
suspended or expired.
5. Privacy of Patrons
The Agency shall determine the qualifications of persons utilizing
the mini-bus operation and maintain the anonymity and privacy of
such persons.
6. Insurance
a. The Agency shall provide general liability, automobile liability and
physical damage insurance during the term of this Agreement as
shown on the attached Insurance Schedule. The Agency's general
liability insurance and automobile insurance shall be provided by the
same carrier.
b. The Project Concern Supervisor shall immediately notify the City of
Dubuque - KeyLine Transit Manager of any accident involving a City
of Dubuque owned vehicle. Project Concern drivers shall notify the
police in the event of an accident involving another motorist in traffic
or when personal injury has occurred. Property damage shall be
reported to the Project Concern Supervisor who will immediately
notify the City of Dubuque - KeyLine Transit Manager.
"
The Agency agrees that the City of Dubuque and its insurer shall
have the ~ight to discuss the contents of said report and the
circumstances of .said accident with Project Concern employees, and
said employees shall cooperate with the City and its insurer in the
investigation of such accident.
Agency personnel shall advise any person who may have a
personal injury or property damage claim against the City of
Dubuque that arises out of the operation of a city owned vehicle by
Project Concern to file a claim with the City at the City Clerk's Office,
1 st Floor, City Hall, 1300 Central Avenue, Dubuque, Iowa 52001.
c The Agency shall indemnify and save harmless the City against any
and all claims, losses, judgments, costs and expenses which the City
may hereafter suffer, incur, be put to, payor layout by reason of the
actions of the Agency in carrying out the terms of this Agreement.
d. The Agency shall bond in an amount and upon such terms as are
acceptable to the City all of its employees and volunteers who shall
in any way whatsoever handle and/or be responsible for the receipt
and expenditure of patron contributions and financial assistance
payments received from time to time from the City.
7. Records
a. The Agency shall comply with all requirements imposed by the
Federal Transit Administration upon the City concerning special
requirements of law, program requirements and other
administrative requirements approved in accordance with Federal
Circular A-1 02.
b. The Agency acknowledges that the mini-buses are made
available to the City through a Capital Assistance Grant pursuant
to Section 5 of the Urban Mass Transportation Act of 1964, as
amended, and are subject to audit and performance evaluation to
insure that the activities relating thereto are pursuant to
requirements of the Act. The Agency shall maintain books of
account in accordance with accepted accounting standards and
practices together with the necessary documentation to support
all activities.
c. The Agency shall give the City, Federal Transit Administration and
the COl}lptroller General of the United States, through any
authorized representative access to and the right to examine all
records, books, papers and documents relating to this
Agreement.
d. In addition to the foregoing, the Agency shall maintain the
following specific records and provide the City access to such
records for review and audit:
Time records
Requests for reimbursements and supporting documents
Purchase orders
Delivery of services
Service, maintenance and mileage records
e. The Agency shall maintain all records pertaining to the operation
of the mini-buses for not less than three years after the end of the
federal fiscal year to which they pertain.
8. Compliance with Law
a. The Agency shall at its expense comply with all applicable laws,
ordinances and codes of the federal, state and local
governments, including but not limited to any applicable laws and
regulations that are in effect pursuant to the Americans with
Disabilities Act (ADA).
b. The Agency shall comply with all applicable federal, state and
local laws and regulations pertaining to wages and hours of
employment of personnel.
9. Civil RiQhts
a. The Agency shall comply with Title VI of the Civil Rights Act of
1964 (P.L. 88-352) and in accordance with Title VI of the Act, no
person shall, on the grounds of race, color, or national origin be
excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or
activity for which the Agency receives financial assistance. The
Agency shall immediately take measures necessary to effectuate
this Agreement.
b. The Agency agrees that routing, scheduling, quality of service,
frequen~y of service, age and quality of vehicle assigned to
routes, quality of stations serving different routes and location of
routes shall not be determined on the basis of race, color, sex,
age, national origin, religion or disability, except as otherwise
provided by law.
c. The Agency shall comply with Title VI of the Civil Rights Act of
1964 (42 USC), the Iowa Civil Rights Act (Iowa Code Chapter
601 A) and City of Dubuque Human Rights Ordinance.
d. In the event the Agency is in noncompliance with the
nondiscrimination provisions of this Agreement, the City shall
impose such contract sanctions as it or the Federal Transit
Administration may determine to be appropriate, including, but
not limited to:
1. Withholding payments due the Agency under this
Agreement,' until the Agency complies, and/or
2. Cancellation, termination or suspension of this Agreement
in whole or in part.
e. The Agency agrees that the United States has the right to seek
judicial enforcement with regard to any matter arising under the
Title VI of the Civil Rights Act of 1964, and regulations
implementing such Act.
10. Interest of Members, Officers, or Emplovees of the City of Dubuque,
Members of the Dubuque City Councilor Other Public Officials
No member, officer or employee of the City, or its designates or
agents, no member of the Dubuque City Council and no other public
official of the City who exercises any function or responsibilities with
respect to the program during such persons' tenure, shall have any
interest, direct or indirect, in this contract or the proceeds thereof, for
work to be performed in connection with the program assisted under this
Agreement.
11. AssiQnment
The Agency shall not assign any interest in this Agreement and
shall not transfer any interest in this Agreement without the prior written
approval of the City.
.
12. Termination
a.
This Agreement may be terminated for any reason
by either party giving thirty (30) days notice in
writing to the other party. However, the City may
terminate this agreement by giving ten (10) days
notice in writing for failure of the Agency to
comply with any material term of this Agreement.
b. There is no obligation on the part of either party to
continue or to renew this Agreement upon its
expiration or termination.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement
in two copies.
WITNESS
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eanne Schneider
City Clerk
CITY OF DUBUQUE
By:
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arry
Chair n
Dubuque Transit Trustee Board
PROJECT CONCERN, INC.
By:
Nan Go I
Chairperson
Corporation Board of Directors
APPROVED as to legal form this 2Z day of
Bar y A. Lindahl
Corporation Counsel
.
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INSURANCE SCHEDULE
1. Any policy of insurance or certificate of insurance required hereunder shall be with a
carrier authorized to do business in Iowa and a carrier that has received a rating of A
or better in the current Best's Rating Guide.
2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the
City of any material change or cancellation of the policy prior to its expiration date.
3. The Agency shall have its insurance agent or company certify in writing that any policy
of insurance required herein with an aggregate limit of liability has not been reduced
by paid or reserved claims at the time of issuance of policy or certificate.
4. The Agency shall furnish copies of the following policies to the City, with limits not less
than the following, or greater if required by law.
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products-Completed Operation Aggregate
Limit
Personal and Advertising Inlury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5,000
Coverage is to include: occurrence form, premises/operations/products/ completed
operations coverage, independent contractors' coverage, contractual liability, broad
form property damage, personal injury, City of Dubuque named as an additional
insured with 30 days written notice of change or cancellation. General liability and
motor vehicle liability policies shall be provided by the same carrier.
MOTOR VEHICLE LIABILITY:
Liability
Uninsured and Underinsured
Motorists Liability
Medical Payments
$2,000,000
$ 50,000
$ 5,000
.
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MOTOR VEHICLE PHYSICAL DAMAGE:
Comprehensive -- Deductible
Collision -- Deductible
$_ (Agency to
$_ Establish
Limit)
Any deductible shall be borne by the Agency.
Both motor vehicle liability and physical damage coverage's shall name the City of
Dubuque as an additional insured.