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Project Concern Para-Transit Contract - Fiscal Year 2001 .' E -;.~ . ..' , 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 \.1J (l) 9,/ ...- '-'''~. -;-cc::") --'_ -. (\1 -<-::~ ", :-\ '-"1 -':J '7' C.::J ~.-" 6 ('"'...1 -.. -' r\ 1,..----', \J-i (,:.~ :r: c~ -::;;~-'. \J.. ( '- '--' \..0 CC --<<~ -0 :;,;: o o ". /'''' Gfi<4N--;;t/Z zi; Z;;;~4?4Y / /%d7Y&-f~ ~ ~ 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 ~~~E ~~~ 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 " 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: " 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. . . 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. . , 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 1 , c:;'-,z4;U/;;;;;:;/-l;;J/ eanne Schneider City Clerk CITY OF DUBUQUE By: ~ 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 . . . ..... 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 . . . ~ > 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.