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HomeMy WebLinkAboutR-1998-121 People for People, Inc.RESOLUTION NO. R- 98-121 A RESOLUTION authorizing and directing the City Manager and the City Clerk to execute an agreement for 1998 Senior Citizen Transportation Services with People for People, Inc. WHEREAS, the City of Yakima currently supports, through a contracted paratransit program, transportation services to disabled and senior Yakima County citizens within the Yakima Urban Area; and .WHEREAS, the City's payments for the contracted paratransit services may be funded entirely by federal funds made available to the City of Yakima by the federal Urban Mass Transit Administration; and WHEREAS, the contracted paratransit services may be provided by People for People, Inc., which contracts with Yakima County for the same services throughout Yakima County; and WHEREAS, it is in the best interests of the City and its people that the City of Yakima continue to support the contracted paratransit services by using federal funds made available to the City of Yakima by the federal Urban Mass Transit Administration; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: The City Manager and the City Clerk are authorized and directed to execute the attached 1998 Senior Citizen Transportation Program Agreement with People for People, Inc. ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this /�7day of August, 1998. ATTEST: 7)2._ John Puccinelli, Mayor City Clerk C:\word docs\transit\98 senior transp K\senior transp k res.doc (8/13/98 3:10 PM) Page 1 of 1 1998 SENIOR CITIZEN TRANSPORTATION PROGRAM AGREEMENT THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a municipal corporation (hereinafter the "City"), and People for People (hereinafter "PFP"). WHEREAS, the City recognizes the need for senior citizen transportation services, and has supported transportation of Yakima Urban Area senior citizens to nutrition programs by participating in a senior citizen transportation program managed by the Yakima County Office of Aging and Long Term Care. The City has provided funds made available by the federal Urban Mass Transit Administration to match funds provided through Yakima County under the state Senior Citizens Services Act. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and PFP as follows: 1. Services. PFP shall provide senior citizen transportation services during 1998 as follows: A. Transportation services shall be provided in accordance with the Southeast Washington Office of Aging and Long Term Care ("ALTC") Transportation Program Standards and information submitted in Request for Proposal. PFP acknowledges receipt of a copy of said standards. Services provided shall comply with said standards as presently constituted or subsequently modified and the following: Neither City nor ALTC funding is to be used to displace other funding sources or used in place of other funds. City and ALTC funding may only cover these services: 1. City of Yakima residents shall be provided transportation only to nutrition services under this agreement. City residents should be referred to the City of Yakima Dial -A -Ride Program for transportation other than for nutrition services. 2. Elderly persons living outside Yakima city limits shall be provided transportation to nutrition and medical services and shopping. 3. Local medical rides for Medicaid clients living in their own homes, not covered under DSHS. Prior approval must be obtained from ALTC before a ride is authorized. B. UNITS OF SERVICE 1. Definition: a. A unit of transportation service shall be defined as one (1) mile of vehicle travel in the transportation or process of transporting eligible participants. C:\word docs\transit\98 senior transp K\ senior transp k.doc 1998 SENIOR CITIZEN TRANSPORTATION PROGRAM AGREEMENT Page 1 of 5 b. A boarding shall be defined as a one passenger, one-way ride from pickup point to destination. 2. There will be 170 unduplicated individuals served under this Agreement. 3. Anticipated Service Level by Quarter: Month Miles Boardings January - March 16,947 4,390 April - June 16,948 4,391 July - September 16, 948 4,390 October - December 16, 948 4,391 TOTAL 67,791 17,562 4. Anticipated Expenditure Rate by Quarter: Month ALTCCountyA TOTAL January - March $14,575 $14,575 $29,150 April - June $14,575 $14,575 $29,150 July - September $14,575 $14,575 $29,150 October - December $14,575 $14,575 $29,150 TOTAL $58,300 $58,300 $116,600 The payment for COPES services will be in addition to the contracted amount. The COPES payment will be based on claims for reimbursement as reported on the COPES services billing. This includes clients now authorized, number of units of service and the actual number of units provided. The COPES unit rate will be determined at cost by PFP and will be reimbursed by ALTC. 2. Consideration. As consideration for all senior citizen transportation services provided under this Agreement, the City shall pay PFP a total not to exceed Fifty Eight Thousand Three Hundred Dollars ($58,300.00). The City shall use funds provided by the Urban Mass Transportation Administration (UMTA) to match funds provided by the County on a one-to-one basis to achieve project funding total of $116,600. This total shall be available during the period January 1, 1998 through December 31, 1998. Said sum shall be paid monthly upon proper billings submitted to the City. Said payments are expressly conditioned upon PFP providing satisfactory services hereunder and documentation (invoices/billings). Payment to PFP for this unit rate price Agreement shall be based on the unit rate of $1.72 per vehicle mile of Transportation services during the period January 1, 1998 through December 31, 1998. Client donations received in excess of $3,500 will be used to provide additional units of service at the unit rate of $1.77 per vehicle mile or be spent first before ALTC funds are used. C:\word docs\transit\98 senior transp K\ senior transp k.doc 1998 SENIOR CITIZEN TRANSPORTATION PROGRAM AGREEMENT Page 2 of 5 3. Term. The term of this Agreement shall commence upon execution hereof, and terminate on the 31st day of December, 1998, unless sooner terminated by either party in accordance with Section 13 below. 4. Status of PFP. PFP and the City understand and expressly agree that PFP is an independent PFP in the performance of each and every part of this Agreement. PFP and its employees or volunteers shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. PFP shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, PFP shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, PFP shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 7. The Americans With Disabilities Act. PFP agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. However, this agreement is not for services under the City's "Dial -A -Ride" program, which is covered by a separate contract. 8. Compliance With Law. PFP agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 9. No Insurance. It is understood the City does not maintain liability insurance for PFP and its employees or volunteers. 10. Mutual Indemnity and Hold Harmless. Each party agrees to be responsible for its own negligence and/or deficient performance under this Agreement for which it would be deemed legally liable and agrees to hold harmless and indemnify the other, and the other's elected officials, officers, agents, employees, volunteers and assigns, against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, judgments, awards, costs, and expenses (including attorney's fees and disbursements) resulting or allegedly resulting from such negligence and/or deficient performance. C:\word docs\transit\98 senior transp K\ senior transp k.doc 1998 SENIOR CITIZEN TRANSPORTATION PROGRAM AGREEMENT Page 3 of 5 Nothing herein requires either party to hold harmless or indemnify the negligence and/or deficient performance of the other party. 11. Insurance. A. Liability Insurance. On or before the date this Agreement is fully executed by the parties, PFP shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. B. Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, PFP shall provide the City with a certificate of insurance as proof of automobile liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by PFP to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of PFP stated herein. 13. Termination. Either party may terminate this Agreement, with or without cause, by providing the other party with thirty (30) days written notice of termination. C:\word docs\transit\98 senior transp K\ senior transp k.doc 1998 SENIOR CITIZEN TRANSPORTATION PROGRAM AGREEMENT Page 4 of 5 14. Waiver of Terms. The waiver by PFP or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 15. Severability. If any portion of this Agreement is changed by mutual agreement or if any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. Integration. This written document constitutes the entire agreement between the City and PFP. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: City Transit Manager Public Works Department 2301 Fruitvale Boulevard Yakima, WA 98902 TO PFP: Christian Fix Transit Director, PFP P.O. Box 22520 Yakima, WA 98907 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA PEOPLE FOR PEOPLE By: By r. f.. R. A. Zais, Jr., City Manager Its:' j _-1 Date: e- -,--- r �5 / / c) 2,y Date: / i r ;'1 ATTEST: City Clerk City Contract No. 98- R-98-121 Resolution No. C:\word docs\transit\98 senior transp K\ senior transp k.doc 1998 SENIOR CITIZEN TRANSPORTATION PROGRAM AGREEMENT Page 5 of 5 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ( 0 For Meeting of 8/18/98 ITEM TITLE: Resolution authorizing execution of an agreement between People For People, Inc. and the City of Yakima for transportation services SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Bill Schultz, Transit Manager/575-6005 SUMMARY EXPLANATION: The City was inadvertently left out of the annual renewal contract which provides dial -a -ride type services to qualified individuals in the Urban Area outside the City. To correct this oversight, a separate contract between the City and People For People has been developed by the Legal Department. The Federal Transit Administration (FTA) funding provided to the City is for the entire Urbanized Area, of which the City is a part. No City funds are utilized in this contract. Half the funds (the non federal share) are provided through the County by the Office of Aging and Long Term Care. The contract is bid every five years by the County. The contract increases the operating budget to $116,000 which is $14,000 above what is currently approved in the 1998 Transit budget. The contract obligates the City to half or $58,000 of FTA funding. EXHIBITS Resolution X Ordinance Contract X Other (Specify) Funding Source: FTA Operating assistan APPROVED FOR SUBMITTAL: thru. Tri it Division Operating Budget City Manager STAFF RECOMMENDATION: Approve resolution authorizing execution of the contract. TRANSIT COMM! I 1 EE RECOMMENDATION: COUNCIL ACTION: