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HomeMy WebLinkAboutR-2011-179 Paratransit (Dial-A-Ride) Services Agreement with Medstar Cabulance, Inc.RESOLUTION NO. R-2011-179 A RESOLUTION authorizing the City manager to execute an agreement with Medstar Cabulance, Inc. for paratransit (Dial -A -Ride) services. WHEREAS, the City of Yakima (City) owns and operates public transit services for the benefit of residents of the City and its service area; and WHEREAS, the City, as part of the operation of transit services, provides paratransit services to qualifying individuals through its Dial -A -Ride program, all as required by the Americans with Disabilities Act (ADA); and WHEREAS, the City has solicited proposals for providers of the Dial -A -Ride service, and has determined that the proposal submitted by Medstar Cabulance, Inc. is the acceptable proposal submitted by the most qualified proponent; and WHEREAS, the City and Medstar Cabulance, Inc. have negotiated a Contract for the provision of such paratransit services; and WHEREAS, the City Council finds and determines that approval of such Contract is in the best interests of residents of the City of Yakima, complies with federal ADA requirements, and will promote the general health, safety and welfare, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute and administer the Contract for Dial -A -Ride services, by and between the City of Yakima and Medstar Cabulance, Inc., a copy of which Contract is attached hereto as Exhibit "A" and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 13th day of December, 2011. ATTEST: Micah CawlgSi, Mayor pay -c //-r 79 CONTRACT THIS CONTRACT is made between the CITY OF YAKIMA, WASHINGTON, a municipal corporation of the State of Washington, as "City" and Medstar Cabulance Inc., located in Zillah, Washington as "Contractor". In consideration of these mutual terms and conditions, the parties covenant and agree as follows: 1. PERFORMANCE The Contractor agrees, with the execution of this Contract, to perform all work, furnish all labor, necessary supplies, equipment, facilities, supervision, organization, and other items of work and cost necessary for the safe, reliable, efficient, and effective operation of a curb to curb and door-to-door ADA paratransit service for persons with disabilities within the parameters described in the specification criteria entitled, "City of Yakima Request for Proposals No. C11106P" dated May 7, 2011, and the schedules therein selected by the City, consistent with established industry practices, regardless of whether those services, equipment, facilities, and functions are specifically mentioned in the RFP or not. All performance must be completed in strict accord with the Contract Documents, as defined below. 2. DEFINITIONS/INTERPRETATION For the purposes of this Contract and any additional instruments that may become a part of this Contract, the terms "contractor", "supplier", "seller", and "vendor" shall be interchangeable. The terms "buyer", "purchaser", "procuring agency", "Yakima Transit", "City of Yakima", and "City" shall be interchangeable. 3. CONTRACT DOCUMENTS; FEDERAL REQUIREMENTS The City of Yakima Request For Proposals No. C1 1106P and the Contractor's proposal (to the extent consistent with the City's documents) are hereby incorporated herein by this reference. In the event of conflicts or discrepancies among said documents, the order of authoritative priority shall he as follows: this Contract; the request for proposals and addenda; and the Contractor's proposal. Specific federal and state laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. This Contract is on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, Washington, 98901. Contractor shall at all times comply with all applicable State & Federal Transit Administration (FTA) regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the City and FTA, as they may be amended or promulgated from time to time during the term of this Contract. Contractor's failure to so comply shall constitute a material breach of this Contract. 4. SERVICE VEHICLES The City will provide adequate and appropriate quantities and types of vehicles to meet the contract need. The quantities and types of service vehicles currently in the City's inventory and available for use are listed in Attachment I to the "Vehicle Lease with the City of Yakima," which lease is appended to this Contract. Contractor will maintain and repair the service vehicles used in the provision of Contractor's service consistent with the Contract Documents and in the Vehicle Lease with the City of Yakima, which lease is executed as part of, and in conjunction with, this Contract. The City reserves the right to replace such vehicles from time to time and to modify, amend, alter and supplement Attachment I as necessary or appropriate. 1 5, COMPENSATION The City will pay Contractor in accordance with the payment schedule set forth below as full compensation for all work performed under this Contract, subject to allowable additions and deductions. Item Description Cost per trip 1. Ambulatory: Per boarding for one (1) ambulatory passenger not requiring a wheelchair lift -equipped vehicle. $ 10,46 2. Non -Ambulatory: Per boarding for one (1) passenger requiring a wheelchair lift -equipped vehicle. $ 14.84 3. Ambulatory No -Show: Per boarding for trip when client refuses trip or is not available for a scheduled trip. $ 4.72 4. Non -Ambulatory No -Show: Per boarding for trip when client refuses trip or is not available for a scheduled trip. $ 4.72 Contractor shall send its itemized invoice/billing to: City of Yakima, Accounts Payable, 129 North 2nd St., Yakima, WA. 9890] Payment will be made within thirty (30) calendar days after approval of the Contractor's application. Interest on payments made after thirty (30) calendar days shall be at a rate of one half percent per month. All payments are expressly conditioned upon Contractor providing services hereunder that are satisfactory to the City. Any charges disputed by the City shall be separated from the invoice and the undisputed portion shall be paid. Retainages may also be kept by the City pursuant to Section 1I1, paragraph 9 of the RFP. A. Covenant Against Contingent Fees The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, City shall have the right to annul this Contract without liability or at its discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. B. Payment Does Not Imply Acceptance of Work The granting of any progress payment or payments by City, or the receipt thereof by the Contractor, shall not constitute in any sense acceptance of the work or of any portion thereof, and shall in no way lessen the liability of the Contractor to comply with this Contract. C. Prompt Payment of Subcontractors The Contractor is required to pay its subcontractors performing work related to this Contract for satisfactory performance of that work within 30 days after the Contractor's receipt of payment for that work from the City. The Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. D. Price Increases 2 If requested by the Contractor in writing prior to August 1 of each year of the contract beginning in 2011, the City will consider increasing the Contractor's trip rates per the Seattle -Tacoma - Bremerton Consumer Price Index for Urban Wage Earners and Clerical Workers (CPi-W) 12 - month year over year period ending June 30 of the year of the request. Such rate will have fuel and insurance costs subtracted since those costs are being paid by the City. The City, in its sole discretion, will decide whether to approve or deny the rate increase request or any part thereof by September 30. If approved, a rate increase shall take effect on January 1 of the following year. Price increases for any other justifiable reason will be considered on a case-by-case basis. Price increase requests will not be considered or granted until any outstanding financial reports have been submitted to the City. 6. TIME OF PERFORMANCE The Contract shall be effective upon execution by the parties hereto. The Contractor shall commence work under this Contract effective January 1, 2012, and shall continue in good faith and effort until expiration on December 31, 2014, The City reserves the right to extend this Contract for seven (7) additional one (1) year periods, and the Contract shall be automatically extended for each succeeding one year period unless the City provides written notice of non- renewal at least sixty (60) days prior to the expiration of the then current term. 7. CHARTER BUS REQUIREMENTS The contractor agrees to comply with 49 USC '5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 8. ENERGY CONSERVATION ANI) ENVIRONMENTAL REQUIREMENTS A. Environmental Protection. The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended (NEPA), 42 USC §§ 4321 through 4335; Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note; FTA statutory requirements at 49 USC § 5324(b); U.S. Council on Environmental Quality regulations imposing requirements for compliance with the National Environmental Policy Act of 1969, as amended, 40 CFR Part 1500 through 1508; joint Federal Highway Administration (FH WA)/FTA regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and 49 CFR Part 622, and subsequent Federal environmental protection regulations that may be promulgated. The Contractor agrees to comply with 23 USC §§ 139 and 326 as applicable, and implement those requirements in accordance with the provisions of joint FHWA/FTA final guidance, "SAFETEA-LU Environmental Review Process (Public Law 109-59)," 71 Fed. Reg. 66576 et seq., November 15, 2006, and any applicable Federal directives that may be issued at a later date, except to the extent that FTA determines otherwise in writing. B. Violating Facilities. The Contractor agrees to: 1. Refrain from using any violating facilities,. 3 2. Report each violation to WSDOT and understands and agrees that WSDOT will, in turn, report each violation to the FTA and to the appropriate EPA Regional Office. 3. Include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA. 9. CLEAN WATER REQUIREMENTS A. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. E. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by ETA. 10. CLEAN AIR A. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. B. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 1 1. FEDERAL "Si COIN" REQUIREMENTS. To the extent required by the Federal Government, the Contractor agrees to comply with the provisions of section 104 of the Presidential $1 Coin Act of 2005, 31 USC § 5112(p), so that the Contractor's equipment and facilities requiring the use of coins or currency will be fully capable of accepting and dispensing $1 coins in the connection with that use. The Contractor also agrees to display signs and notices denoting the capability of its equipment and facilities on its premises where coins or currency are accepted or dispensed, including on each vending machine 12. SCHOOL BUS OPERATIONS Pursuant to 69 U.S.C. 5323(0 and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients, and subrecipients may not use federally funded equipment, vehicles, or facilities. 13. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT A. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 4 B. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (A) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages, as may be applicable. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages — Yakima Transit shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (13) of this section. D. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (A) through (D) of this section. 14. NO GOVERNMENT OBLIGATION TO THIRD PARTIES A. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 13. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 15. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS & RELATED ACTS A. The Contractor acknowledges, as may be applicable hereto, the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil B. Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 5 C. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC § 5307, the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. D. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 16. TERMINATION A. Termination for Convenience. The City may terminate this contract, in whole or in part, at any time by no less than thirty (30) calendar days' advance written notice to the Contractor when it is in the City's best interest. The Contractor shall be compensated in accordance with the terms of this Contract up to the effective date of termination. if either party has any property in its possession belonging to the other party, each will account for the same, and dispose of it in the manner the other directs. B. Termination for Default. If the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other material provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in the contract. if it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor the City after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure. The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 14 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within the stated period of time for remedy, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. Waiver of Remedies for any Breach. In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other terns, covenant, or condition of this Contract E. Contractor's Right to Terminate. The Contractor may terminate this Contract, in whole, for any reason upon 120 calendar days' advance written notice to the City. 17. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. 6 The contractor is required to comply with 49 CFR 29, Subpart C, and must include the requirement to comply with 49 CFR 29, Subpart C, in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City. if it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart .C, as may be applicable hereto, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 18. PRIVACY ACT A. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:As may be applicable hereto, the Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. 13. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 19. CIVIL RIGHTS REOUIREMENTS A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49 USC § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: I. Race, Color, Creed, National Origin, Sex - In accordance with Title ViI of the Civil Rights Act, as amended, 42 USC § 2000e, and Federal transit laws at 49 USC § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 el seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated 7 during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 2. Nondiscrimination on the Basis of Sex. The Contractor agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20 USC §§ 1681 et seq. and with any implementing Federal regulations that prohibit discrimination on the basis of sex that may be applicable. 3. Nondiscrimination on the basis of Age. The Contractor agrees to comply with applicable requirements of: a. The Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq., and with implementing U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal Financial Assistance", 45 CFR Part 90, which prohibits discrimination on the basis of age. b. The Age Discrimination in Employment Act (ADEA) 29 USC §§ 621 through 634 and with implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act" 29 CFR Part 1625. 4. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. C. Disabilities-Access. The City, as "Recipient" of federal funds, is obligated to comply with the requirements of 49 USC § 5301(d) which state the Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement said policy. The City, as Recipient of federal funds, is also obligated to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, which prohibit discrimination on the basis of handicap; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101 et seq., which requires the provision of accessible facilities and services to be made available to persons with disabilities; and the Architectural Barriers Act of 1968, as amended, 42 USC §§ 4151 et seq, which requires that buildings and public accommodations be accessible to persons with disabilities and with other laws and amendments thereto pertaining to access for individuals with disabilities that may be applicable. In addition, the Recipient agrees to comply with applicable implementing Federal regulations and any late' amendments thereto, and agrees to follow applicable Federal directives except to the extent FTA approves otherwise in writing. Among those regulations and directives are the following: U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27; Joint U.S. Architectural and Transportation Barriers Compliance Board U.S. DOT regulations; "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38; U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; U.S. DOJ regulations, "Nondiscrimination on the Basis 8 of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; U.S. GSA regulations, "Accommodations for the Physically Handicapped," 41 CFR Subpart 101-19; U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Custom Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F; U.S. Architectural and Transportation Barriers Compliance Board (ATBCB) regulations, "Electronic and Information Technology Accessibility Standards" 36 CFR Part 1194; FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part 609; and Federal civil rights and nondiscrimination directives implementing the foregoing regulations, except to the extent the Federal Governrnent determines otherwise in writing. For purposes of the foregoing provisions, the parties recognize and agree that the Contractor will not be deemed to operate a "service facility" accessible to clients of the City's paratransit service. Such facility will be used by employees of the Contractor to provide administrative services for the performance of this agreement, with incidental visits by City administrative staff to oversee performance of this agreement. Contractor will comply with all applicable accessibility standards pertaining to like professional office uses within the City of Yakima, but shall not thereby assume any liability or responsibility for the City's required compliance with the mass transportation accessibility standards for services and facilities set forth in the preceding paragraph. In the event any agency with jurisdiction issues a final order determining that the administrative office facility of Contractor is a "service facility" of the paratransit service operated by City, and thus subject to construction of any additional improvement within or upon the Contractor's office facility to achieve compliance with any applicable accessibility standard described above, the City shall either: (a) construct such improvement at its cost; (b) allow Contractor to negotiate such improvement with the owner of the property, undertake the construction of such improvement with the prior written approval of the City, and receive reimbursement of Contractor's costs therefor from the City; or (c) the City may provide alternate administrative office space for Contractor upon terms acceptable to Contractor and the City. Notwithstanding the above, Contractor shall perform the services set forth in this agreement in compliance with City's directives to achieve and assure compliance with the City's obligation to provide required accessibility to its services and facilities. D. Access to Services for Persons with Limited English Proficiency. The City is directed to comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 USC § 2000d-1 note, and with provisions of U.S. DOT Notice "DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087, December 14, 2005. Contractor will cooperate with City in its efforts to comply with such directives, and will comply with any directives or procedures issued by City to achieve or maintain compliance with such policies. E. Environmental Justice. The City is directed to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority populations and Low - Income Populations", 42 USC § 4321 note; and DOT Order 5620.3, "Department of Transportation Actions to address Environmental Justice in Minority Populations and Low - Income Populations," 62 Fed. Reg. 18377 et seq., April 15, 1997, except to the extent that the Federal Government determines otherwise in writing. Contractor will cooperate with City in its efforts to comply with such directives, and will comply with any directives or procedures issued by City to achieve or maintain compliance with such policies. F. Other Nondiscrimination Statutes. The Contractor agrees to comply with all applicable provisions of other Federal laws, regulations, and directives pertaining to and prohibiting 9 discrimination and other nondiscrimination statute(s) that may apply to the Project including chapter 49.60 RCW. 20. BREACHES AND DISPUTE RESOLUTION A. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties may be decided in writing by the authorized representative of Yakima Transit. If this process is invoked by mutual written agreement of the parties, this decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Transit Manager. in connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Transit Manager shall be binding upon the Contractor and the Contractor shall abide be the decision, unless within fourteen (14) days from the receipt of its copy of the Transit Manager's decision, the Contractor delivers to the Transit Manager a written notice of appeal of such decision. The notice of appeal may request that the parties jointly submit the issue to resolution through mediation or non-binding arbitration pursuant to subsection C below; provided that this dispute resolution process shall not preclude any party from seeking redress in court for any such dispute on a de novo basis. 13. Performance During Dispute - Unless otherwise directed by Yakima Transit Contractor shall continue performance under this Contract while matters in dispute are being resolved. C. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. All claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be submitted to mediation or decided by non -arbitration, if the parties mutually agree, or, upon the election of either party and notwithstanding the dispute resolution provisions of this Section 20, in a court of competent jurisdiction within the State in which the City is located. D. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. 21. LIQUIDATED DAMAGES A. General Provisions The Contractor agrees to pay the City liquidated damages for specific events identified below. These liquidated damages are not a penalty for nonperformance but an estimate of the damages to the City caused by virtue of such nonperformance. The City and the Contractor agree that such damages are very difficult to accurately estimate because of numerous factors, including delay, inconvenience to the City and to City customers, staff time, and damage to the public service; further, the parties agree that the liquidated damages stated below are reasonable forecasts of all factors now known and available for consideration relating to the damages caused. The rights of the City to liquidated damages are in addition to all of the other rights and remedies the City has pursuant to the contract and by law, The City may elect to waive its right to liquidated damages. 10 B. Procedure For Assessment 1. Before assessing liquidated damages, the City shall determine whether the failure to meet the contract standard could reasonably have been prevented by the Contractor. Failures caused by inaccurate or untimely communication by the City, natural disasters, or extreme and unusual weather, or unusual traffic conditions shall not be considered preventable by the Contractor. 2. if the City determines that the failure could have been prevented by the Contractor, the City will provide not less than ten (10) business days' advance written notice to the Contractor of the incident and of its intent to assess liquidated damages. If the Contractor requests a meeting, the City will meet with the Contractor to discuss the incident prior to assessing liquidated damages. 3. The Contractor authorizes the City, any time after such meeting and to the fullest extent permitted by law, to set off and apply any liquidated damages assessed by the City to any and all sums due and owing the Contractor held by the City and/or accrued under the contract. C. Assessments 1. Vehicle Accident/Serious Incident - $1,000 per at fault and preventable vehicle accident or serious incident (e.g., wheelchair tip -over, lost customer, verified claim of abuse of customer, customer injuries requiring medical attention, etc.). 2. Untimely Report of Vehicle Accident/Serious Incident - $1,000 per failure to file with Yakima Transit a written report of a vehicle accident or serious incident within 24 hours of occurrence. 3. Passenger Complaints - $100 per failure to respond in writing within three business days to a customer complaint or inquiry, when such complaint or inquiry is presented in writing by Yakima Transit for Contractor's response. 4. Missed Trip - $100 per missed trip due to factors within the control of the Contractor, after a grace period of 90 days from date of commencement of Contractor's service under this Agreement. 5. Late Trip - $25 per trip that is 16 to 30 minutes late due to factors within the control of the Contactor. $50 for trips 31 minutes or more late, after a grace period of 90 days from date of commencement of Contractor's service under this Agreement. 6. Fraudulent Data - $500 for each incident of fraudulent data reported, i.e., indicating arrival while still en route to avoid being late. 7. Failed Vehicle Inspection - $500 for each vehicle failing to pass an inspection if the City judges there was gross inattention or negligence in keeping vehicles properly maintained. 8. Late Submission of Financial Reporting — In addition to the 5% retainage in Section 4 of this Agreement, $1,000 for failing to submit required Annual CPA Internal Financial Reports (Cash Flow, Balance Sheet, Income Statement). Additional $50 per day until submitted. 9. Late Submission of Drug & Alcohol Reports - $500 for failure to submit required Drug and Alcohol Reports, with annual report to be filed on or before March 1 of each year. Additional $50 per day until submitted. 22. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS A. Contract Work Hours and Safety Standards Act. The Contractor shall comply with, and shall require the compliance by each subcontractor at any tier, any applicable employee protection requirements for non -construction employees as defined by the Contract Work Hours and Safety 11 Standards Act, as amended, 40 USC § 3701 el seq., and specifically, the wage and hour requirements of section 102 of that Act at 40 USC § 3702 and USDOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act)" at 29 CFR. Part 5; and the safety requirements of section 107 of that Act at 40 USC § 3704, and implementing U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 CFR Part 1926. 13. Fair Labor Standards Act. The Contractor agrees that the minimum wage and overtime provisions of the Fair Labor Standards Act, as amended, 29 USC §§ 201 et seq., apply to employees performing work involving commerce, and apply to any local government employees that are public transit authority employees. The Contractor shall comply with the Fair Labor Standards Act's minimum wage and overtime requirements for employees performing work in connection with the Project. C. Public Transportation Employee Protective Agreement. To the extent required by Federal Law, the Contractor agrees to implement the Project in accordance with the terms and conditions that the U.S. Secretary of Labor has determined to be fair and equitable to protect the interests of any employees affected by the Project and that comply with the requirements of 49 IJSC § 5333 (b), in accordance with the USDOL guidelines, "Section 5333(b), Federal Transit Law," 29 CFR Part 215 and any amendments thereto. These terms and conditions are identified in USDOL's certification of public transportation employee protective arrangements to FTA. The Contractor agrees to implement the Project in accordance with the conditions stated in that USDOL certification, which certification and any documents cited therein are incorporated by reference and made part of this AGREEMENT. The Contractor also agrees to comply with the terms and conditions of the Special Warranty for the Non -urbanized Area Program that is most current as of the date of execution of this AGREEMENT and any alternative comparable arrangements specified by USDOL for application to the Project, in accordance with USDOL guidelines, "Section 5333(b), Federal Transit Law," 29 CFR Part 215, and any revision thereto. D. The Contractor also agrees to include any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 23. ETHICS A. Bonus or Commission. The Contractor affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its application for federal financial assistance for this Project. 13. Relationships with Employees and Officers of WSDOT. The Contractor shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the Contractor rent or purchase any equipment and materials from any employee or officer of WSDOT. C. Employment of Former WSDOT Employees. The Contractor hereby warrants that it shall not engage on a full-time, part -tine, or other basis during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT. D. Restrictions on Lobbying. The Contractor agrees to: 1. Comply with 31 USC § 1352(a) and will not use Federal assistance to pay the costs of influencing any officer or employee of a Federal agency, Member of Congress, officer of 12 Congress or employee of a member of Congress, in connection with making or extending the Grant AGREEMENT or Cooperative Agreement; and 2. Comply, and assure compliance by each subcontractor at any tier, each lessee at any tier and each sub -recipient at any tier, with applicable requirements of U.S. DOT regulations, "New Restriction on Lobbying," 49 CFR Part 20, modified as necessary by 31 USC § 1352; and 3. Comply with federal statutory provisions to the extent applicable prohibiting the use of Federal assistance Funds for activities designed to influence Congress or a state legislature on legislation or appropriations, except through proper, official channels. 4. The parties understand that the above restrictions on lobbying apply to any transaction, subcontract, lease, or sub -recipient of federal funds expending or receiving over $100,000 per transaction. The parties will cooperate in any transaction using federal funds that exceed this threshold to assure compliance as appropriate. 24, DISADVANTAGED BUSINESS ENTERPRISE (DBE) A. As may be applicable hereto, this contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. Yakima Transit's overall goal for DBE participation is 0 %. 13. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Yakima Transit deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR § 26.13(b)). C. The successful offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance D. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the Yakima Transit. In addition, those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the Yakima Transit and contractor's receipt of the partial retainage payment related to the subcontractor's work. E. The contractor must promptly notify Yakima Transit whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Yakima Transit. 25. DRUG AND ALCOHOL TESTING A. Contractor Drug and Alcohol Program The Contractor agrees to establish, implement, and enforce a drug and alcohol testing program that complies with 49 CFR Part 40 and 49 CFR Part 655, each as may be applicable hereto, and permit any authorized representative of the United States Department of Transportation, Federal Transit Administration, or the City of Yakima to 13 inspect the facilities and records associated with the implementation of the drug and alcohol testing program and review the testing process. B. Contractor Drug and Alcohol Policy: Contractor shall develop, maintain, and communicate a drug and alcohol policy and its requirements to all affected employees, which includes all safety - sensitive positions (supervisors, mechanics, drivers, and dispatchers). If the employer chooses, they may model their policy after the City of Yakima's Substance Abuse Policy. This policy shall require the contractor to remove safety -sensitive employees from safety -sensitive duties when the Medical Review Officer (MRO) notifies the contractor that there may be issues with the test results until the results are received from the MRO. The policy shall also have discipline procedures for positive drug or alcohol test results. C. Training Requirements: Contractor shall provide training for all affected employees and all supervisors, including: 1. A minimum of one hour training per year for all employees performing safety -sensitive functions and supervisors on the effects and consequences of drug and alcohol use on personal health, safety, and the work environment and the signs and symptoms that may indicate prohibited drug use or alcohol misuse. 2. A minimum of 120 minutes per year for all supervisors in determining reasonable suspicion, which must consist of a mininiuin of one hour on the physical, behavioral, and performance indicators of probable drug use and at least one hours training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. 3. Reasonable Suspicion training for Managers, Supervisors, Dispatchers, or any other front-line employees responsible for making reasonable suspicion drug/alcohol testing referrals of employees who perform safety -sensitive job functions. 4. 'Training on the risks associated with the use of prescription and over-the-counter drugs. These training requirements should be considered minimums and, under their own authority, the Contractor is urged to exceed these requirements and provide additional training to educate their employees. D. Testing Requirements: The Contractor shall complete pre-employment, reasonable suspicion, post accident, random, return to duty, and follow-up drug and alcohol testing, as well as conducting previous employer record checks for all applicants seeking safety -sensitive positions. Random testing rates for drugs and alcohol shall be in compliance with rates established annually by the Federal Transit Administration. 'Ihe Contractor shall follow all rules related to "direct observation" as it relates to return to duty and follow up testing. The Contractor should consider these testing requirements as minimums and may, under their own authority, establish additional criteria for drug and/or alcohol testing their employees l . Recordkeeping: The Contractor shall maintain all documentation that includes: a breakout of all pre-employment, random, post accident, return to duty, and reasonable suspicion drug an alcohol tests; and, a year-end report listing all employees and documentation of each employee who has completed drug and alcohol training during the last year. The Contractor further agrees to certify annually, in the manner required by applicable law, its compliance with 49 CFR Parts 40 and 655 before December 31 every year and submit DOT required Management information System (MIS) reports before March I to the City of Yakima's Designated Employee Representative or Human Resource Manager. To certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications 14 and Assurances for Federal Transit Administration Grants and Cooperative Agreements," published annually in the Federal Register. Recordkeeping and reporting shall include, but not be limited to: the testing process, return -to - duty process, employee training, annual reports (DAMIS), policy statement, training records, credentials of service agents, contractor oversight documents, random selection process, individual testing records, previous employer consent forms, post accident records, reasonable suspicion test records, test results, and test refusals. This applies to the Contractor, their sub- contractors, and service agents. Drug and alcohol records must be maintained separate from all other employee records and the Contractor must maintain confidentiality of all drug and alcohol program records and limit access to these testing records. F. Program Monitoring: The Contractor is subject to monitoring by the City of Yakima. If the contractor uses different drug and alcohol facilities than the one the City of Yakima uses, the Contractor shall complete program monitoring to ensure the testing facility, medical review officer, breath alcohol technician, and substance abuse professional follow the requirements set forth in 49 CFR Part 40. G. Other: In addition to the information above, the following applies to this agreement: 1. Contractor shall not use drug and alcohol service agents or subcontractors except under prior written consent by the City of Yakima. All requirements for the Contractor shall apply to city approved subcontractors with the exception that subcontractors must deliver submittals to the Contractor. 2. Contractor shall comply with the Drug -Free Workplace Act of 1988, which includes on-going training and awareness to all employees. 3. Contractor shall be responsible for the costs of establishing and maintaining the required drug and alcohol program and for all costs related to defending drug and alcohol program's claims and actions and fees or penalties. 4. Contractor shall not allow an employee or prospective employee related to this contract to operate a vehicle, supervise vehicle operators, or dispatch operators until negative pre- employment drug and alcohol test results are received from the testing facility or medical review officer. 26. INDEPENDENT CONTRACTOR STATUS ' The Contractor and the City understand and expressly agree that the Contractor is an independent contractor in the performance of each and every part of this Agreement. The Contractor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, the Contractor and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Contractor or any officer, employee or agent of the Contractor and the City. No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this AGREEMENT, it being understood that in such matters they are acting solely as agents of WSDOT. 15 27. INDEMNIFICATION ANI) HOLD HARMLESS A. Contractor shall at its sole expense protect, defend, indemnify and hold harmless the City, its elected officials, agents, officers and employees from any and all accidents, damages, Losses, liens, liabilities, fines, penalties, claims, lawsuits, demands, actions, judgments, awards, costs and expenses arising directly or indirectly from or out of or relating to the Contractor's negligent or wrongful performance or non-performance of this Contract, whether singularly or jointly with others, its representatives, permittees, employees, contractors or subcontractors, except for such loss or damage arising from the negligence or willful misconduct of the City. Nothing herein shall be deemed to prohibit an indemnified party from participating in the defense of any litigation by its own counsel at its own expense. Such participation shall not under any circumstances relieve Contractor from its duty of defense against liability or of paying any judgment entered against such party. For occurrences covered and paid by insurance pursuant to sections 28 or 29 below, or as otherwise available and applicable, Contractor's duty to defend and indemnify herein shall be offset by any amount received by City from such insurance. B. Contractor hereby affirms that the City and Contractor have specifically negotiated these provisions, as required by RCW 4.24.1 15, to the extent that it may apply. C. No action, error or omission, or failure to act by the City, its agents, officers, officials or employees, in connection with administering its rights, duties or regulatory functions related to this Contract shall be asserted by Contractor, directly, indirectly or by way of seeking indemnification or as an assertion that the City has waived or is estopped to assert any municipal right hereunder, against the City, its boards, departments, divisions, officers, or employees. D. To the maximum extent permitted by ,law, and to the extent necessary to fulfill the indemnification provisions set forth above Contractor shall indemnify, hold harmless and defend the City from claims and litigation brought against the City by employees or former employees of Contractor and, by mutual negotiation, Contractor hereby waives, as respects the City only, any immunity that would otherwise be available to Contractor against such claims or litigation under the worker's compensation provisions of RCW Title 51. 28. INSURANCE FOR PARATRANSIT SERVICE VEHICLES — ACCIDENTS - DAMAGES For the benefit of Contractor, the City shall provide General Liability and Automobile Liability ONLY for paratransit service vehicles operated by the Contractor pursuant to this Contract with limits of $12,000,000.00 per occurrence through the City's participation in the Washington State Transit Insurance Pool (WSTIP). Coverage is subject to WSTIP's approval and coverage is limited to those perils covered by WSTIP. Contractor will be listed as an additional insured under such policy, and such policy shall be deemed primary for the coverage provided. The City shall provide to Contractor a certificate of insurance evidencing said coverage and policy limits, together with a copy of the additional insured endorsement attached to the policy, prior to the commence of services by Contractor hereunder, which certificate shall further provide that Contractor shall be entitled to receive not Tess than 120 days' advance written notice of any cancellation or alteration of said insurance. For vehicles leased from the City, the contractor will be solely responsible for the first $5,000 per occurrence for repairs to the vehicle, whether caused by comprehensive or collision-type perils. Because the City is paying for the insurance for the vehicles the Contractor is using, accidents where the Contractor's employees are determined to be at fault shall not exceed 1.0 accident for every 100,000 miles driven in a given year; nor exceed an average of 0.65 accidents for every 100,000 miles driven over a three-year period. Contractor also shall maintain accident losses below $0.10 per mile driven averaged over a three-year period. Loss rates above $0.10 averaged over a three-year period are considered a breach of contract and City may terminate the contract upon such an event. 16 Anticipated payouts may be considered in determining whether or not the Contractor has breached the agreement. Provided, however, that the accident loss provisions of this section shall have no applicability to or effect upon the existence or validity of insurance coverage provided herein for the benefit of Contractor for any loss arising hereunder, unless and until such coverage has been duly cancelled as provided elsewhere herein, As an additional remedy, and without limiting the City's rights to declare a breach of contract as set forth above, the City may assess liquidated damages against Contractor for any vehicle accident deemed by the City to be preventable by the Contractor's employee in the amount of S1,000 per accident pursuant to Section 13(F) of this Contract. Any election by the City to assess actual damages or liquidated damages pursuant to this paragraph shall not be construed as a waiver or limitation on the City's right to declare a breach of contract and terminate the contract as set forth in this section. 29. INSURANCE FOR ADMINISTRATIVE VEHICLES Automobile Liability for Contractor's administrative vehicles in the amount of $1,000,000 combined single limit will still be required. The City of Yakima, its agents, elected and appointed officials, volunteers and employees are to be listed as additional insureds under the policies. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation through the State of Washington, as required by applicable law. if at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. Contractor shall not use a City vehicle for a purpose other than transporting Dial -a -Ride passengers or maintenance of the vehicle. This certificate of insurance shall be provided to the Purchasing Manager, prior to commencement of this work. 30. SAFE OPERATION OF MOTOR VEHICLES As applicable, Contractor is encouraged to comply with the following provisions: Executive Order No. 13043, "increasing Seat Belt Use in the United States," 23 USC § 402 note. Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for personnel that operate company-owned vehicles. Executive Order No. 13513, "Federal Leadership on Reducing Text Messaging While Driving," and DOT Order 3902.10, "Text Messaging While Driving." Contractor is encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving. Contractor is also encouraged to conduct workplace safety initiatives in a manner commensurate with its size. 31. WAIVER OF SUBROGATION The parties hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective insurance contracts, including any extended coverage endorsements thereto, provided, that his paragraph shall be 17 inapplicable to the extent that it would have the effect of invalidating any insurance coverage otherwise applicable. 32. PERFORMANCE BOND Within 30 days of execution of contract, Contractor will be required to submit a performance bond or an Irrevocable Letter of Credit, in an amount of One Hundred Thousand Dollars ($100,000), which bond shall be provided by a firm licensed to do business in Washington or a Letter of Credit issued by a commercial bank located within the State of Washington and acceptable to City. The performance bond or letter of credit will be renewed for each year during the term of the contract. In the event that the bonding company or bank requires an executed contract prior to insurance of the required performance Bond or Letter of Credit, Contractors will be required to: A. Show evidence in the term of a letter from the bonding company of the capacity of the Proposer to be bonded or from the bank of the capacity of the Proposer to issue a Letter of Credit. B. The contract will be subject to receipt of a performance bond or letter of credit within 30 days of execution of contract. 33. TAXES If applicable, sales tax on this Contract as determined by the Washington State Department of Revenue will be added to the amounts due and the Contractor will be responsible for making payment of the tax to the State of Washington. All other taxes are the sole responsibility of the Contractor. 34. DELEGATION AND ASSIGNMENT Neither party to this Contract may delegate the performance of any obligation to a third party unless mutually agreed in writing. This Contract cannot be assigned without the written consent of the other party. Contractor may assign this contract with the prior written consent of the City, which consent shall not be unreasonably withheld, for an assigmnent that occurs (a) to an entity in which the transferring party, or the owners of the transferring party, own more than 50% of the assets of the transferee entity, or (b) as part of a transfer of all or substantially all of the assets of the transferring party to any party. 35. REGULATIONS PURSUANT TO THE COPELAND "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations of the Secretary of Labor, U.S. Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934; Title 18 USC Section 874; and Title 40 USC Section 3145, and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to ensure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. 36. AUDITS, INSPECTION, AND RETENTION OF RECORDS A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the course of the Project and for six (6) years thereafter, the Contractor agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Reporting and record-keeping requirements are set forth in 49 CFR Part 18 or 19, whichever is applicable. Project closeout does not alter these recording and record-keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six-year period then the Contractor's obligations 18 hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. 13. General Audit Requirements. The Contractor agrees to perform the financial and compliance audits required by the Single Audit Act Amendments of 1996, 31 USC §§ 7501 et seq. As provided by 49 CFR § 18.26 or 19.26, whichever is applicable, these audits must comply with OMB Circular A-133, Revised, "Audits of States, Local Governments, and Non -Profit Organizations," and the latest applicable OMB A-133 Compliance Supplement provisions for the U.S. DOT, and any further revision or supplement thereto. The Contractor agrees that audits will be carried out in accordance with U.S. General Accounting Office "Government Auditing Standards". The Contractor agrees to obtain any other audits required by the Federal Government or WSDOT. Project closeout will not alter the Contractor's audit responsibilities. Notwithstanding the above, the parties understand that a "single audit" of Contractor's expenditures pursuant to the Single Audit Act is not required unless the Contractor expends more than $500,000 of federal funds in any one year. In the event the parties' understanding is mistaken, or if Contractor is compelled by final decision of any agency with jurisdiction to cause a single audit to be performed due exclusively to the services performed and compensation received under this Agreement, then the City shall (a) cause the single audit to be performed at its sole cost and expense, or (b) reimburse Contractor for the expense of the single audit, provided that the City has prior to the audit given written approval of the auditor and authorization to proceed. City's obligation to pay for such audit or reimburse Contractor for such cost of audit shall not apply where any single audit is required because the Contractor received and expended federal funds from any source other than from City under this Agreement. 37. Inspection. The Contractor agrees to permit WSDOT, the State Auditor, the United States Department of Transportation, and the Comptroller General of the United States, or their authorized representatives, to inspect all Project work materials, payrolls, and other data and records, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. E - VERIFY COMPLIANCE The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Vendor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. Prior to starting work, the contractor shall sign an E -Verify Declaration that will be provided by City Purchasing. 38. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 39. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (FTA Circular 4220.1E) 19 The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Yakima Transit requests which would cause Yakima Transit to be in violation of the FTA terms and conditions. 40. OWNERSHIP RIGHTS Contractor recognizes that the information and data that it will be storing could contain confidential client information. As such, Contractor shall take all reasonable steps to protect the confidentiality of the information that it stores for the City and shall not disseminate such information (a) to any third party without a confidentiality agreement in place with such third party and/or (b) unless appropriate to comply with the law or with legal process or authorities. Contractor recognizes that the information transmitted to it by the City shall remain the property of the City. At the expiration of this Agreement, Contractor does hereby agree that it shall return all data to the City in a readable format from the date of last save by the Contractor. 41. COMMUNICATIONS In cases where communication is required between the Contractor and City, such as further information, furnishing of specifications, providing notice of termination or renewal, or obtaining approval of proposed work, such communications from the Contractor to the City and from City to the Contractor shall be forwarded directly to: To City: To Contractor (Medstar Cabulance Inc): Sue Ownby, CPPO Justin Bergener Purchasing Manager CEO 129 No. 2nd St. PO Box 1325 Yakima, WA 98901 Zillah, WA. 98953 Email: sownby@ci.yakima.wa.us Justin CDgomedstar,com 42. MERGER This Contract sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties as to the subject matter therein. There are no terms, conditions, or agreements with respect thereto, except as provided herein and no amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties. 43. GOVERNING LAW AND VENUE This Contract shall be governed by the laws of the State of Washington and any action to enforce the Contract shall be brought in Yakima County, Washington. 44. SEVERABILITY if a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. 20 If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision shall be deemed modified to conform to such statutory provision. 45. COUNTERPARTS This Contract may be executed in one or more counterparts, each of which shall constitute an original Contract but all of which together shall constitute one and the same instrument. 46. INTERPRETATION As a further condition of this Contract, City and the Contractor acknowledge that this Contract shall be deemed and construed to have been prepared mutually by each party and it shall be expressly agreed that any uncertainty or ambiguity existing therein shall not be construed against any party. 47. EMPLOYEE SOLICITATION Vendor, without the consent of City, shall not directly or indirectly solicit, influence, entice or hire or attempt to solicit, influence, entice or hire any employee of City to: (a) cease employment with City; or (b) do business related to a business connected with the Vendor's business during this Contract and for a period of three (3) years from the date on which this Contract terminates, or the work is accepted by City, whichever is earlier. City's employee shall be deemed to be related to or connected with a Vendor if such City employee becomes (a) a partner in a general or limited partnership or employee of a partnership, (b) a shareholder, officer, employee or director of a corporation, member, consultant or agent for the Vendor or any of Vendor's affiliates, subsidiaries or connected business. This subparagraph shall survive the termination of this Contract. This Contract is not restricted to any geographical area. Vendor recognizes and acknowledges that City's employees may receive training and other benefits from the contractual relationship with Vendor because of City's assignment of employees to work in connection with Vendor's Contract. Vendor agrees the restrictions on soliciting, influencing, enticing or hiring City employees are reasonable. 48. SURVIVAL Any provision of this Contract that imposes an obligation after termination or expiration of this Contract shall survive the term or expiration of this Contract and shall be binding on the parties to this Contract. 49. CONTRACT EXECUTION CITY OF YAKIMA By: lieM 11, --- Donald B. Cooper, City Manager Dated: /2./1'0 / 21 MEDSTAR CABULANCE, INC. Date: City Contract No. .ol i qq Resolution No. P ---e)0/1 ` 1" Disadvantaged Business Enterprise Review and App oval: Jr„, Sue Ownby DBE Liaiso Officer 22 VEHICLE LEASE WITH THE CITY OF YAKIMA THIS VEHICLE LEASE, hereinafter "Lease" is made and entered by and between the City of Yakima, a Washington municipal corporation, (hereinafter "City") and Medstar Cabulance, Inc., located in Zillah, Washington (hereinafter "Contractor"). WHEREAS, Contractor has been selected to provide paratransit transportation services to citizens certified unable to access the City's fixed-route transit system pursuant to City of Yakima Request for Proposals No. 1 1 106P. WHEREAS, the City finds it to be in the best interests of the public to lease vehicles to Contractor in accordance with the following terms and conditions in order for Contractor to provide such public services. NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions set forth herein, it is agreed by and between the City and Contractor as follows: A. Vehicles. The City hereby agrees to lease to Contractor those vehicles that are identified in EXHIBIT A, which is attached to this Lease and incorporated herein by this reference, for use by Contractor to provide paratransit services pursuant to City of Yakima Request for Proposals No. 11106P (hereinafter "RFP"). Vehicles may be added to and stricken from this list upon mutual written agreement. The Transit Manager of the City of Yakima shall have the authority to modify Exhibit A on behalf of the City of Yakima. B. Contractual Payment. Contractor agrees to pay the City a monthly rental charge of One Hundred Dollars ($100.00) per vehicle per month during the term of this Lease; provided, however, that no monthly rental charge shall be assessed or paid for any vehicle that is driven less than 500 miles in that month. The City shall present an invoice to Contractor at the conclusion of each month or whenever prudent for bookkeeping. Contractor shall pay the City within thirty (30) calendar days of receipt of the invoice. The monthly rental charge for each vehicle shall be prorated in the first and last month of use based on when the vehicle is picked up or returned. C. Term. This Lease shall be effective when executed by the parties and shall continue in existence as long as the City of Yakima Request for Proposals No. 1 1 106 Contract between the parties is in effect, unless terminated earlier by the City as provided by Section U of this Lease. D. Licensing and Titling. The vehicle titles will show the City or Washington State Department of Transportation (WSDOT) as legal owner, and the City as registered owner. All paratransit vehicles have Exempt license plates. E. Use of Vehicles. Contractor will use the vehicles solely for paratransit transportation for City of Yakima paratransit service recipients and for no other purpose. Contractor agrees that it will not use or permit the use of the vehicles so as to void any insurance covering same, or in a negligent manner, or permit the vehicles to become subject to any liens, charges, or encumbrances. Contractor shall keep satisfactory records with regard to the use of the vehicles and shall submit to the City upon request such information as is required in order to assure compliance with this section. If, during the term of this Lease, any vehicle is not used in the above-described manner, is used in a manner different from that described in this Lease, or is withdrawn from paratransit service, Contractor shall immediately notify the City. F. Graphics. Contractor will apply their own logo or identification with telephone number by the use of magnetic signs or decals on the vehicles, subject to the City's approval. These 23 identifications must be removed at the time of termination or expiration of this Lease without damage to the finish on the vehicles. G. Maintenance of Vehicles. 1. Contractor shall maintain the vehicles in good repair at all times. All services, materials and repairs required in connection with the use and operation of the vehicles, including but not limited to tires, brake shoes, belts, oil, and other fluids shall be performed at Contractor's sole expense, provided however that if Contractor has maintained the vehicles as required by this Lease, then repairs to the engine, transmission, and axles shall be at the City's sole expense. A condition inspection shall be conducted by Contractor, or its designated agent, prior to taking delivery of each vehicle. 2. The City requires the vehicles to be regularly serviced, including routine preventative maintenance every 5,000 miles. At no time will the vehicle maintenance be less than the service recommended by the manufacturer. Contractor will provide the City the mileage for each of the vehicles by the tenth (10th) day of the month following along with copies of weekly vehicle status checklists of the vehicles' fluid levels and tire status. 3. Contractor agrees to inspect and service the vehicles and replace parts, if necessary, at intervals and according to the requirements contained in the manufacturer's maintenance schedule. Contractor shall take the vehicles to an appropriate service and repair facility for any service and repair required, or use their own facilities if such facilities can be proven to be equivalent to a commercial shop. 4. Maintenance and service records, including original invoices (if applicable), shall be kept on file for each of the vehicles and be provided to the City upon the expiration or termination of this Lease. A copy of the work order shall be submitted to the City after each routine preventive maintenance work performed by Contractor Copies of other service records shall be provided to the City upon request at any time. 5. Inspections are an important part of each vehicle's maintenance routine. Doing daily, weekly, and monthly inspections will allow early detection of problems. Contractor assumes the responsibility to ensure that scheduled inspections, at a minimum, are performed in accordance with the manufacturer's recommendations. 6. Any modification to the vehicles or the installation of additional equipment that requires mounting must be approved by the City in writing prior to installation. Pick-up of Vehicles. It shall be the responsibility of Contractor to pick up the vehicles at the location designated by the City. The vehicles will have a full tank of fuel or full dual tanks if so equipped at the time of pick up. Contractor shall provide proof of insurance as specified in this Lease. 1. Requirements at Expiration or Termination. At the expiration or termination of this Lease, Contractor shall return the vehicles to the location specified by the City with a full tank of fuel or full dual tanks if so equipped and with the maintenance records for the rental period including original service and repair invoices or internal work orders. Contractor shall return the vehicles in the same condition as they were in at the inception of the Lease, ordinary wear and tear excepted. In the event a vehicle is not returned in such same condition, Contractor shall pay the City for the cost of restoring any vehicle to said condition. The City shall charge Contractor its cost of fuel to fill the tank(s) if the tanks must be filled. 24 J. Vehicles Provided "As Is" and "With All Faults." The vehicles that arc the subject of this Lease shall be provided on an "AS IS" and "WITH ALL FAULTS" basis. The City slakes no warranties of any kind whatsoever, express or implied, as to said vehicles and ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED. Notwithstanding any provision to the contrary, the terms of this section shall survive any expiration or termination of this Lease. A condition inspection shall be conducted by Contractor, or its designated agent, prior to taking delivery of each vehicle. K. Liabili . 1. The City shall not be liable to Contractor or to anyone else for any liability, Toss or damage of any kind, however caused or alleged to be caused, directly or indirectly by any of the vehicles; or as a result of the repair, maintenance, or equipment thereof, by any inadequacy thereof, or defect therein or by any incident in connection therewith, or interruption of service or use of any vehicle provided pursuant to this Lease, or from any liability of any nature growing out of performance of this Lease on the part of Contractor, its officers, employees, contractors, or subcontractors. To the maximum extent permitted by law, Contractor shall protect, indemnify, hold harmless and defend the City and its officials, agents, officers, and employees from all claims, actions, costs, damages and expenses of any nature whatsoever, including attorneys' fees, arising out of, resulting from or connected with the acts, errors or omissions of Contractor, its officials, assignees, agents, principals, sublessees, contractors, subcontractors, licensees, invitees, employees, or any person whomsoever under this Lease, except for such loss or damage arising from the negligence of willful misconduct of the City. 3. In the event that any lien is placed upon property of the City or any of its officers, principals, agents, or employees as a result of the acts, errors or omissions of Contractor or its officials, assignees, agents, sublessees, contractors, subcontractors, licensees, invitees, or employees, Contractor shall at once cause the same to be dissolved and discharged by giving bond or otherwise. The City will be notified in writing irnniediately of any such lien. 4. Notwithstanding any provision to the contrary, the terns of this section shall survive any expiration or termination of this Lease. L. Insurance. INSURANCE FOR PARATRANSIT SERVICE VEHICLES: For the benefit of Contractor, the City shall provide General Liability and Automobile Liability ONLY for paratransit service vehicles operated by the Contractor pursuant to this Contract with limits of up to $12,000,000.00 per occurrence through the City's participation in the Washington State Transit Insurance Pool (WSTIP). Coverage is subject to WSTIP's approval and coverage is limited to those perils covered by WST1P. For vehicles leased from the City, the contractor will be solely responsible for the first $5,000 per occurrence for repairs to the vehicle, whether caused by comprehensive or collision -type perils. The parties hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective insurance contracts, including any extended coverage endorsements thereto, provided, that his paragraph shall be inapplicable to the extent that it would have the effect of invalidating any insurance coverage otherwise applicable. M. Safety. Contractor shall ensure that the vehicles are maintained and operated in a safe and prudent manner and that all drivers comply with existing state, federal, and ,local laws regarding 25 the operation of motor vehicles on the streets, roads, and highways of the state. Contractor shall comply with drug and alcohol testing requirements applicable to the City's Transit operations. N. Independent Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Lease. As an independent contractor, Contractor and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership, or agency between Contractor and the City. O. Remedies Cumulative. All remedies provided in this Lease are distinct and cumulative to any other right or remedy under this Lease or afforded by law or equity and may be exercised independently, concurrently, or successively. P. No Conflict of Interest. Contractor represents that it does not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Lease. Contractor further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Lease. No City Obligation to Third Parties. No contract between Contractor and its contractors or subcontractors shall create any obligation or liability for the City with regard to this Lease without the City's specific written consent of such obligation or liability, notwithstanding its concurrence in, or approval of, or the awareness of any contract or subcontract or the solicitation thereof. Contractor hereby agrees to include this provision in all contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any work to be accomplished under this Lease. R. Integration and Supersession.. This Lease is executed as part of, and in conjunction with. the Contract between the parties for paratransit transporation services dated November 1, 2011, and is subject to the provisions of such Contract. This Lease and such Contract set forth all of the terms and conditions relative to the lease of the vehicles as provided herein. No amendment or modification of this Lease shall be effective unless reduced to writing and executed by the parties. Q. S. Severability. 1. If a court of competent jurisdiction holds any part, term or provision of this Lease to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Lease did not contain the particular provision held to be invalid. 2. If any provision of this Lease is in direct conflict with any statutory provision of the State of Washington, the lease provision, which may conflict, shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 3. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. T. Non -Waiver. The waiver by Contractor or the City of the breach of any provision of this Lease by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provision. U. Termination. The City may terminate this Lease with or without cause upon no less than thirty (30) days written notice to the Contractor. Contractor shall be liable for any payments due up to the effective date of termination. 26 V. 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: Sue Ownby, CPPO Purchasing Manager 129 No. 2nd St. Yakima, WA 98901 Email: sownby@ci.yakima.wa.us To Contractor (Medstar Cabulance): Justin Bergener CEO PO Box 1325 Zillah, WA. 98953 justin@gomedstar.com 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 or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. W. Survival. Any provision of this Lease that imposes an obligation after termination or expiration of this Lease shall survive the term or expiration of this Lease and shall be binding on the parties to this Lease. X. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. Y. Venue. The venue for any action to enforce or interpret this Lease shall lie in the Superior Court of Washington for Yakima County, Washington. Z. Authority. The person executing this Lease on behalf of Contractor represents and warrants that he or she has been fully authorized by Contractor to execute this Lease on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Lease. EXECUTION CITY YAKI By: eirj( Dona d B. Cooper, Cityager Dated: /603) // ATTEST: By: Deborah K. Kloster, City City Contract No. olOi!-g9 Resolution No. R4Q! I") 79 Disadvantaged Business Enterprise Review an Approval: DBE da�rao>.Ja?��'��" 27 CONTRAC By: Justin Ber dstar Cabulance Inc.) Date: Sue Ownby DBE Liaison Officer Resolution No. 28 ATTACHMENT 1 LEASED VEHICLE LIST Vehicle ID Year Make Model VIN Lift Equip, (yes/no) 1602 2006 Ford Taurus 1 FAFP53U56A 136294 No 1603 2006 Ford Taurus 1FAFP53U66A105846 No 1604 2006 Ford Taurus 1FAFP53U86A105847 No 1605 2006 Ford Taurus IFAFP53U76A167157 No 1606 2006 Ford Taurus I FAFP53U96A211563 No 1625 2007 Ford Taurus 1FAFP53U67A143756 No 2284 2004 Chevy Venture 1GBDX23E24D266879 Ramp 2288 2005 Chevy Venture IGBDV13E45DISO65I Ramp 2330 2008 Chevy Uplander 1GBDV13W48D161047 Ramp 2331 2008 Chevy Uplander 1GBDV13W08D162437 No 2332 2008 2008 Chevy Chevy Chevy Uplander Uplander Uplander IGBDVI3W48D160349 1GBDV13W58D161039 1 GBDV 13 W48D 161503 No No No 2333 2334 2008 2335 2008 Chevy Uplander 1GBDV13W38D161685 No 2336 2008 Chevy Uplander 1GBDV13W98D162243 No 2356 2010 Dodge Grand Caravan SE 2D4RN4DE9AR405516 Ramp 2357 2010 Dodge Grand Caravan SE 2D4RN4DE0AR405517 Ramp 3215 1996 Ford E350 Super Duty IFDJE3OI18THA35934 Lift 3216 1996 Ford E350 Super Duty 1FDJE3O1-19THA35943 Lift 3218 1999 Ford E450 Super Duty IFDXE4OS2XHC25987 Lift 3219 1999 Ford E450 Super Duty IFDXE40S4XHC25988 Lift 3221 1999 Ford E450 Super Duty 1FDXE40S2XFIC34835 Lift 3222 1999 Ford E450 Super Duty I FDXE40S4XHC34836 Lift 3223 1999 Ford E450 Super Duty E450 Super Duty E450 Super Duty 1FDXE4OS7XHC34846 1 FDXE40S6X1-1C34837 1 FDXE40SXXHC34839 Lift Lift Lift 3233 1999 Ford 3234 1999 Ford 3235 1995 Ford E450 Super Duty 1 FDXE40S6XHC34840 Lift 3236 2002 Ford E450 Super Duty 1 FDXE45S72HA36057 Lift 3237 2002 Ford E450 Super Duty 1 FDXE45S72HA36060 Lift 3238 2002 Ford E450 Super Duty 1 FDXE45S92HA36061 Lift 3239 2002 Ford E450 Super Duty 1 FDXE45S02I-{A36062 Lift 3240 2002 Ford E450 Super Duty 1 FDXE45S22HA36063 Lift 3241 2002 Ford E450 Super Duty I FDXE45S021-IA38149 Lift 3242 2002 Ford E450 Super Duty 1 FDXE45S02HA38152 Lift 3256 2001 Ford E450 Super Duty 1 FDXE45F711-1A88046 Lift 3257 2001 Ford E450 Super Duty 1FDXE45F91FIA88047 Lift 3258 2001 Ford E450 Super Duty E450 Super Duty E450 Super Duty 1FDXE45F71HB88048 1FDFE45S89DA90674 1FDFE45S49DA84886 Lift Lift Lift 3276 2010 Ford 3277 2010 Ford 3278 2010 Ford E450 Super Duty 1FDFE45S69DA90673 Lift 3284 2010 Ford E450 Super Duty 1 FDFE4FSXADA78979 Lift 3285 2010 Ford E450 Super Duty 1 FDFE4FS6ADA7898O Lift 29 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. q e For Meeting of: December 13, 2011 ITEM TITLE: Resolution authorizing an agreement with Medstar Cabulance, Inc. for paratransit (Dial -A -Ride) services. SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Ken Mehin, Transit Manager, 576-6415 SUMMARY EXPLANATION: City of Yakima Transit operates a public transit service for the benefit of residents of the City and its service area. Part of the transit service includes the Dial -A -Ride program designed and operated to assist qualifying individuals in their transportation needs as required by the federal Americans with Disabilities Act (ADA). Through a Request for Proposal (RFP) process, Medstar Cabulance, Inc. was identified as a qualified provider of paratransit (Dial -A -Ride) services. The City and Medstar Cabulance, Inc. have negotiated a Contract for these paratransit services, with service by the new provider to commence January 1, 2012. This item consists of a resolution authorizing the City Manager to execute the new Dial -A -Ride Contract between the City of Yakima and Medstar Cabulance, Inc., and the accompanying Contract. Resolution X Ordinance Other (specify) Contract: X Mail to: Justin Bergener, P.O. Box 1325, Zillah, WA 98953 Contract Term: 3 years Amount: $1,044,820.00 Expiration Date: December 31, 2014 Insurance Required? Yes Funding Source: Transit Operating Revenues Phone: Ken Harper 575-0313 APPROVED FOR SUBMITTAL: 4.2,„e4/41 City Manager STAFF RECOMMENDATION: Adopt the Resolution approving the Contract with Medstar Cabulance, Inc. BOARD/COMMISSION RECOMMENDATION: The Council Utilities -Transportation Committee has been advised as to status of the proposals. ATTACHMENTS: Click to download • ❑ Resolution - Dial -A -Ride Services Contract - Medstar Cabulance 2012-2014 ❑ Contract - Dial -A -Ride Service Contract - Medstar Cabulance, Inc. 2012-2014 R rat 301 ® A� ^-CERTIFICATE OF LIABILITY INSURANCE 'DATE (MM/DDIYYYY) - 6/01/2012 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW:' THIS-CERTIFICATE.OF, '- INSURANCE NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),-AUTHORIZED- -- . - _-- ._- REPRNTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ _--- '- ., ESE IMPORTANT:,.clf the Certificate holder is an: ADDITIONAL INSURED, the policy(ies) must be endorsed._ If SUBROGATION - IS -WAIVED;- subject to •-- the.terms,and_conditions of the policy,icertain policies may require an endorsement. A statement ori this certificate. does. not confer. rights. to_ the_._ ••-certificate;holder,in Iieu.of-such endorseme,nt(sj'._ _ .. ._. ' '=r• _ s.,. :, ,. i " .�' "f' ..._.,.- L / h'- , .,,, , PRODUCER '__ _ : - L_....! i I Cindy Elbert Insurance Services Inc i 4 1 151'82 North 75th Ave, Ste 100 p----'- ' Peoria,l:AZ _ — 85381 i --- - - - I -- - CONTACT NAME: t I ' • PHONE: 6027942-3900 , :-y:"" '= -coi:,,FAXn` : ' , 602-942=4300''--- (A/C, No Ext): _ ._ _ _ (A/C, No): i E-MAIL • I r;c1 i ..:.. .<..; ,'- ; ADDRESS: ' -..-' INSURER(S) AFFORDING COVERAGE I NAIC #' INSURER A: Zurich American Ins.:Co'' ' ' ' 16535 : �i INSURED Medstar Cabulance, Inc. P 0 Box 1325 Zillah, WA 98953 INSURER B: INSURERC. . -6/01/2013. .. _ . . � __ _, �_ - _ _ --GENERAL _"1:__',,,,_!,..:",i, _..PRODUCTS INSURERD: $ 1,000,000 INSURER E . $ 100,000 INSURERF. $ '5,000 COVERAGES CERTIFICATE NUMBER: 5, REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A i.: N ... GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY - - "•r GLA9475232-01 - _ - ._._..__'-',.',I. 6/01/2012 _. __. ......' __ . -6/01/2013. .. _ . . � __ _, �_ - _ _ --GENERAL _"1:__',,,,_!,..:",i, _..PRODUCTS EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ '5,000 CLAIMS -MADE X OCCURF PERSONAL & ADV INJURY $ 1 ,000,000 •• AGGREGATE $ 3,000,000 -COMP/OP AGG $ ' ' *34)00,000 GEN'L T:r..'_l'•r— ,._..,.)POLiC AGGREGATE LIMIT APPLIES , PRO- Y_.i.....JECT...... ..LOG...,... PER' $ A , .- ..AUTOMOBILE P LIABILITY . r: a,.: l ...:Il ANY AUTO _T :ALL OWNED •:".: ? .AUTOS `. HIRED AUTOS, , .? . ( ' , ']J, .-� ,. _ -�-' ' SCHEDULED "' -- AUTOS ;;:`-,_ '.:..4 • NON -OWNED ,; ,_ AUTOS .__ • -," E. _ ; i ----- e 'it ,. 'r' - ---- _ . -• •• .. .,,3;,,,,: .. ,GLA52 94732-01- , r. -• - --7••'oODILY .., _. 1- . _ . - . ' . . . . ,p/01/2012 . :' .. -•6/01 /2013 r. • COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 ,BODILY INJURY(Per person) $ - - INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) ' $ -. - UMBRELLA LIABOCCUR EXCESS LIAB -• CLAIMS -MADE ,- ` . EACH OCCURRENCE AGGREGATE $ $ DED RETENTION $ , - - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 . - OFFICER/MEMEEER"EXCLUDED''' - . -NLA, (Mandatory in NH) 1 If yes, describe under DESCRIPTION OF OPERATIONS below -- ._ ___ - _ . _ _ _ -- _ _ _ _ WC STATU- TORY LIMITS OTH- ER E L EACH ACCIDENT $ _ E.L DISEASE - EA EMPLOYEE $ E L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Yakima, its agents, elected and appointed officials, volunteers and employees are listed as additional insured's CANCELLATION City of Yakima 129 N 2nd St Yakima, WA 98901 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /e, /7 - .., (/ �" d ACORD 25(2010/05)-- © 1988-201 ACORD CORPORATION. All rights reserve. The ACORD name and logo are registered marks of ACORD " - - - CONTRACT AMENDMENT NO. 1 PROJECT: City of Yakima RFP No. 11106P DESCRIPTION: Dial -A -Ride Paratransit Transportation Services VENDOR: Medstar, LLC THIS CONTRACT AMENDMENT NO. 1, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter "City") and Medstar, LLC (hereinafter "Contractor"). WHEREAS, City and Medstar Cabulance, Inc. executed a "Contract" on December 13, 2011, providing for ADA Paratransit Service for the City pursuant to the above -referenced RFP, with Medstar Cabulance subsequently assigning its interest to Medstar, LLC; and WHEREAS, Section 5(D) of the Contract authorizes the parties to amend the Contract compensation in accordance with the procedures stated therein; and WHEREAS, both parties have determined that it is in their mutual interest to modify the compensation provisions in such Contract, which adjusted compensation shall be payable to Contractor commencing January 1, 2013; and WHEREAS, Resolution No. 2011-179 approving the Contract authorized the City Manager to execute and administer such Contract, which administration includes approval of compensation adjustments pursuant to Section 5(D) of the Contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: AMENDMENT Section 1. Effective January 1, 2013, the compensation rates for the types of service set forth in Section 5 of the Contract shall be as follows: Service Type Cost Per Trip Ambulatory $10.85 Non -Ambulatory $15.39 Ambulatory No -Show $ 4.89 Non -Ambulatory No -Show $ 4.89 1 Section 2. Section B of the "Vehicle Lease with the City of Yakima," ("Vehicle Lease"), which Vehicle Lease was executed by the parties in conjunction with the Contract referenced above, is hereby amended to read as follows: B. Contractual Payment. Contractor agrees to pay the City a monthly rental charge of One Hundred Dollars ($100.00) per vehicle per month during the term of this Lease; provided, however, that no monthly rental charge shall be assessed or paid for any vehicle that is driven less than 500 miles in that month. The City shall present an invoice to Contractor at the conclusion of each month or whenever prudent for bookkeeping. Contractor shall pay the City within thirty (30) calendar days of receipt of the invoice. The monthly rental charge for each vehicle shall be prorated in the first and last month of use based on when the vehicle is picked up or returned. Effective November 1, 2012, the City agrees to waive the $100 monthly rental for each leased vehicle provided by the City and used by Contractor in the performance of the Contract, in which: Cutaway vehicle mileage exceeds 200,000 odometer miles and at least seven years of age; Vans/Sedans vehicle mileage exceeds 100,000 miles and at least four years of age. The parties agree and understand that the City reserves the right to withdraw any such vehicle from service under this Contract and to replace such vehicle with a new or replacement vehicle. New or replacement vehicles will be subject to the $100 monthly rental when placed in service under the terms of the Contract and this Lease. Section 3. Except as expressly modified herein, all other terms and conditions of the Contract and Vehicle Lease dated December 13, 2011, including any approved formal amendments and modifications, shall remain in full force and effect. CITY +►F YAKIM TION: City Manager CO TRACTS R ACCEPTANCE: 441 u -Tin Berge CITY CONTRAC RESOLUTION NO: f 2//' /9? I,,-1(-( Date MedStar, LLC Date 2 CONTRACT AMENDMENT NO. 2 PROJECT: City of Yakima RFP No. 1106P DESCRIPTION. Dial -A -Ride Paratransit Transportation Services VENDOR: Medstar, LLC THIS CONTRACT AMENDMENT NO. 2, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter "City") and Medstar, LLC (hereinafter "Contractor"). WHEREAS, City and Medstar Cabulance, Inc. executed a Contract on December 13, 2011, providing for ADA Paratransit Service for the City pursuant to the above -referenced RFP. Medstar Cabulance, Inc. subsequently assigned its interest to Medstar, LLC; and WHEREAS, Section 5(D) of the Contract authorizes the parties to amend the Contract compensation in accordance with the procedures stated therein; and WHEREAS, both parties have determined that it is in their mutual interest to modify the compensation provisions in such Contract, which adjusted compensation shall be payable to Contractor commencing January 1, 2014; and WHEREAS, Resolution No. 2011-179 approving the Contract authorized the City Manager to execute and administer such Contract, which administration includes approval of compensation adjustments pursuant to Section 5(D) of the Contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: ., AMENDMENT Section 1. Effective January 1, 2014, the compensation rates for the types of service set forth in Section 5 of the Contract shall be as follows: Service Type Cost Per Trip Ambulatory $11.30 Non -Ambulatory $16.02 Ambulatory No -Show $ 5.09 Non -Ambulatory No -Show $ 5.09 1 Section 2. Except as expressly modified conditions of the Contract and Vehicle Lease including any approved formal amendments and full force and effect. CITY OF YAKI RIZATION: Tony City Manager CONTRACTOR ACCEPTANCE: n Berge er, MedStar, LLC CITY CONTRACT N0: 2 V / RESOLUTION NO: 2 herein, all other terms and dated December 13, 2011, modifications, shall remain in -t3 Date 12- -1l-'3 Date 2012 Est. Ridership by Type Ambulatory Non -Ambulatory No Shows Medstar Cost Increase 2 2012 Cost per trip Est. 2012 Annual Ridership 2013= FINAL Rate Increase Granted in 2012 Est. Ridership by Type 2013 Cost per trip 3.7% Increase. Ambulatory Non -Ambulatory No Shows $10.46 $14.84 $4.72 $10.85 $15.39 $4.89 Est. 2013 Annual Ridership 53,010 28,349 1,560 Proj. Total Rev. to Contractor $ 554,484.60 $420,699.16 $7,363.20 $982,546.96 Proj. Total Rev. to Contractor Increase from 2012 amt 53,010 $575,158.50 28,349 $436,291.11 1,560 $7,628.40 $1,019,078.01 2013 Reduced Medstar expenses from waived vehicle lease fees -This was given to offset contractors increased malntanence fees cause by age of fleet. up 39C per trip up 55C per trip up 17C per trip $36,531.05 Estimate $30.000.00 Transit already pays cost of vehicles, fuel and insurance which is part of CPI. Transit offered Medstar 3% when CPI 2.7%. Additional .3% offered would more than cover the cost of the 2013 Minimum Wage increase. 2nd Offer- Additional .7% to partially offset costs of 2012 salary Impact caused by Minimum Wage Increase. 2014 Est. Ridership by Type Ambulatory Non -Ambulatory No Shows 2014 Cost per trip 4.2% Increase $11.30 $16.02 $5.09 *Est. 2014 Annual Ridership Transit already pays cost of vehicles, fuel and insurance which is part of CPI. * 2013 total number or rides projected has been reduced. 44,415 32,110 1,370 Pro). Total Rev. to Contractor Increase from 2013 amt up 45C per trip up 63C per trip up 20C per trip $501,889.50 $514,402.20 $6,973.30 $1,023,265.00 CPI 1.4% + '0.9% for 2014 Minimum Wage increase, remaining 1,9% to cover - - Increases In vehicle maintenance due to delays in updating fleet. - Rldershift shift increasing percentage of Non -Ambulatory trips which is more time/staff Intensive, difficult to group rides. - Reduction in expected DAR client trips due to 2013 client rate increase, elimination of service on holidays andreduction in DAR service hours. Aug'12 Aug, '13 Difference Yakima- thru Aug, '12 Yakima-thru Aug, '13 Difference Selah -thru Aug '12 Selah -thru Aug '13 Difference DAR Cost and Trip Comparison 2012 vs 2013 Amb 35,718 30,095 5,623 34,613 29,149 5,464 1,105 946 159 Non -Amb 19,240 21,482 -2,242 Total Trips Total Trips No Shows W/O No Shows With No Shows 995 54,958 55,953 878 51,578 52,455 117 3,380 3,498. 17,729 19,957 -2,228 . 1,511 1,525 -14 945 834 111 50 44 6 52,342 49,106 3,236 2,616 2,472 144 Total Cost $663,828.28 $661,432.15 $2,396.13 53,287 $629,610.74 49,940 $627,483.14 3,347 $2,127.60 2,666 2,515 151 $34,217.54 $33,949.01 $268.53 lets 995. Coneumar Prloe Index for Urban Wage Earners and Clerical Workers {CPI -W): Selected areas, aemlannual averages, ell Items index (1982.84.100, unless athenMaa rioted) Arae All Items • - Sendannual average indexes • Percent change frons preceding sertllannual averago 2nd hall 2011 tat half .2012 2nd hall 2012 let haff 2013 let hall 2012 2nd half 1012 1st half - 2013 115. thy a - . - • 222.954 241.187 240272 146.806 212.504 211.990 139.559 211.547 218.237 219.525 139.817 225.584 225.978 138.467 205.744 218.008 200.987 209.500 246.328 214.105 20E167 203.814 214249 .211980 210.014 244.190 200.852 207758 225.231 .230770 224.346 216.438 245.766. 238.086 222.193 221.508 239243 231.600 231.416 1 244 225.581 243.351 . 243058 148223 214.859 214249 141.237 213.752 221.014 222.505 141.383 229.701 226.582 229205 140287 208.155 142.005 712.354 203.514 211.572 248.030 215.950 210.228 205.726 - 217287 213588" 212.481 248.003 204.095 209.747 228.972 233.455 226.383 218.217 247.730 237.664 123.889 -226.690 223.712 214.712 242.759 235,572 233.958 .203.928 150.154 228.878 245.104 245.152 148.741 216.357 216.709 142282 215.170 221.928 223.277 142.008 230.880 227.857 210.962 140.231 239.581 142.599 223.885 204.607 212.622 250.141 216.937 212.457 207.021 ..24800 216.787 214.650 249.135 202.381 211.983 230428 235.190 - 228:173 219.582 248.823 240389 123.894 227272 225389 215.904 243.119 236.822 236.584 86 .8Was 151.800 • - • 228.812 246.737 247.114 149.208 218.278 217.728 143.328 217.529 224.114 225.539 143.440 232.483 229.679 -232.996 141.301 211464 143.749 225.393 209.005 214.469 251.766 218.877 213281 208.837 221.601 219.598 216.601 251.863 205.058 214.173 747 271 1.2 .9 .9 1.0 1.1 1.1 1.2 1.0 1.b 14 1.1 1.8 1.4 1.4 1.2 '12 1.1 1.5 1.3 .9 .7 .9 1.0 .9 1.4 .8 12 1.6 1.7 1.0 1.6 1.2 2 1.3 .8 7 12 2.1- 1.0 1.5 15 1.7 1.1 1.5 1.3 0.6 1 .9 .3 .7 .7 .7 .7 < .3 .5 .4 .6 .8 .1 3 .4 ' .6 .5 .5 .9 .5 1.1 .5 .5 - 1.5 1.0 .5 -.8 1.1 7 7 2 .6 .9 1.1 .9 .6 .7 .6 .1 1.3 1.1 .9 1 0 0.9 .7 .6 - .3 .9 9 - 7 1.1 1.0 1.0 - 12 .8 .8 .9 .8 .9 .3 .8 21 .9 .7 .9 .6 .8 1.5 - ----1.3 .9 1.0 1.3 1.0 _ .7 -1.3 , 1.2 .9 .3 1.0 1.0 1.2 .9 .8 1.1 - 3 .8 5 'Reglan and area shay Northeast urban Size A- Mote ltan1.600,000 She WC 513,000 101,50W:103 2 - Midwest urban Size A More tien1.600 000 I' - Sim WO- 50,200 to 1,500,000 2 Sze D 1,danrt n (le$s than 50200) - attopoilta South urban --- Size A -Mom then1,500,000:...............-._.�._.......�.___... Size BIC -50.000 to 1.500,000 2-- Size D- Namr6opoamn pegs than 50.000) West urban 1,223.546 Size A-M86e than 1.500 000 Size 8/C- to 1.609,000 2 550.t010 She name A3 an 2140.443 D Seceded local ensu Arzchc age, AK Mania, 0.4' B faa on-Brockton-Nas,MA-NH-ME-Cf 1L41 -W1 C nrhuab-Hamliton, O KY *N _ ....._._. ,__._,*•*. Cleveland Akron, OH D .FortWatih,<X_ Demrar-Boalder.Gredey- CO Detroit -Ann Arbar-Pint. MI Honolulu HI -X •••_,,,____...._..-...-_,....... Kansas qty. MO -KS --- -,,,. - Los a County, CA . Wand -Fort Lauderdale. FL 236.885 231.216 222.295 252.175 241.144 125.183 230.163 228.033 217.826 245.140 241.141 237.271 207.361 152.338 MBlnranl ctra. W1- Minneapolis -SL Paul, MN -W1 - -- New Yak NotBwm N.J.-Long Island. NY -NJ -CT -PA -._. Philedet nils GRy. PA -N.1 -DE -MD Phoenix -Mew Plfisbtegh. PA 1, P er%OR.WA 1 St Louis, M0-IL211.537 San D1e90. CA San FrandsC Jose, CA..................-.........-. -O ld-San Seattle-Tamm-Blamerton, WA .mFL -M-Mme- DCMo-VAWV 6 q8 O. 1 Regions defined es Bre four Census regions. Soo mop M tectadcall notes- - 2 Indams one December 1998.100 bane. s Indexes on a December 1988-100 base. 4• For P.hoenbc-Mesa, indexes ere on a December 2001=100 base. 5 Indexes on a November 1998+100 base. 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Vehicles in DAR Service September -13 Vehicl c ID Year Make Model VIN Lic. Plate # Lift imp. (`es/no) Mileage Engine Lease Chrg List 1602 2006 Ford Taurus ", 1FAFP53U56A136294 287VPR No 138,890 3.0 V-6 Rtm 7/13 1603 2006 Ford Taurus 4 1FAFP53U66A105846 647VMK No 126,189 3.0 V-6 Rtrn 7/13 1606 2006 Ford Taurus 1FAFP53U96A211563 827UQW No 130,214 3.0 V-6 ` Rtrn 7/13 1625 2007 Ford Taurus 1FAFP53U67A143756 46588D No 129,083 3.0 V-6 No Chrg 2284 2004 Chevy Venture I! 1GBDX23E24D266879 38729D S Ramp 61,501 3.4 V-6 2288 2005 Chevy Venture I 1GBDV13E45D150651 38786D S Ramp 88,195 3.4 V-6 2330 2008 Chevy Uplander 'II ' 1GBDV13W48D161047 RS07535 S Ramp 112,137 3.9 V-6 No Chug 2331 2008 Chevy Uplander II 1GBDV13W08D162437 _ RS07534 S Ramp, 122,065 3.9 V-6 No Chrg 2332 2008 Chevy Uplander II 1GBDV13W48D160349 RS07537 S Ramp 109,498 3.9 V-6 No Chrg 2333 2008 Chevy Uplander !; 1GBDV13W58D161039 RS07573 S Ramp 108,135 3.9 V-6 No Chrg '-'::-7313.4g3.','2,-. .; `Cht :: :.".Upland. ' ` : It � ;Tegt3 7i:3 4 .1f *.T. �. RS07574 S Ramp =`; $6 = ."3_9.. x:::=:"'= ' `c ` Totaled 2335 ... , 2008 .. - -�'- Chevy ._ ........ . Uplander. '!! . ... 1GBDV13W38D161685 RS07575 S Ramp 107,077 `„ 3.9 V-6 No Chrg 2336 2008 Chevy Uplander 1GBDV13W98DI62243 RS07576 S Ramp 107,958 3.9 V-6 No Chrg .235G.s201Q..Dodge GrandCaravan!SE 2D4RN4DE9AR405516 RS08465 No 53,670 3.8 V-6 VL 2357 2010 Dodge Grand CaravanISE 2D4RN4DE0AR405517 RS08466 No 54,228 3.8 V-6 No Miles 2371 2012 Dodge Grand Caravan 2C4RDGBG1CR366381 09770 R Ramp 17,508 3.8 V-6 3234 1999 Ford E450 Super Dirty `1FDXE40SXXHC34839 864-WOF Lift 244,971 6.8 V-10 No Chrg 3235 1995 Ford E450 Super Duty 1FDXE40S6XHC34840 413-OOD Lift 218,245 6.8 V-10 No Chrg 3236 2002 Ford E450 Super Duty 1FDXE45S72HA36057 866-WOF Lift 214,516 6.8 V-10 No Chrg 3237 2002 Ford E450 Super Duty 1FDXE45S72HA36060 412-97D Lift 223,540 6.8 V-10 No Chrg VL 3238 2002 Ford E450 Super Ditty 1FDXE45S92HA36061 868-WOF Lift 236,131 6.8 V-10 No Chrg >300 mi 3239 2002 Ford E450 Superfiity 1FDXE45S02HA36062 865-WOF Lift 238,641 6.8 V-10 No Chug 3240 2002 Ford E450 Super Dirty 1FDXE45S22HA36063 41298D Lift 235,779 6.8 V-10 No Chug No miles 3241 2002 Ford E450 Super Duty 1FDXE45S02HA38149 RS04169 Lift 262,825 6.8 V-10 No Chug 3242 2002 Ford E450 Super Duty 1FDXE45S02HA38152 44097D Lift 226,281 6.8 V_10 Parting Out 3276 2010 Ford E450 Super Duty 1FDFE45S89DA90674 RS08298 Lift 86,501 6.8 V-10 3277 2010 Ford E450 Super Dirty 1FDFE45S49DA84886 RS08299 Lift 75,613 6.8 V-10 VL 3278 2010 Ford E450 Super Linty 1FDFE45S69DA90673 RS08300 Lift 99,787 6.8 V-10 3284 2010 Ford E450 Super Diity 1FDFE4FSXADA78979 RS08420 Lift 59,600 6.8 V-10 3285 2010 Ford E450 Super Duty 1FDFE4FS6ADA78980 RS08419 Lift 59,491 6.8 V-10 3295 2003 Ford E450 SuperDiity; 1FDXE45S83HA90453 53772D Lift 232,010 6.8 V-10 No Chrg 3296 2003 Ford E450 Super Duty 1FDXE45SX3HA90454 53771D Lift 218,425 6.8 V-10 No Chrp VL 3300 2002_ .. Ford E450 SuperDaty 1FDXE45F7211B75835 RS09294 Lift 294.311 7.3 diesel No Chrg. <vl use.. 3301 2002 Ford E450 Super Duty 1FDXE45F92HB75836 RS09295 Lift 287.790 7.3 diesel No Chug 3302 2002 Ford E450 Super Doty 1FDXE345F02HB75837 RS09293 Lift 275,520 7.3 diesel No Chrg VL All DAR vehicles are gas fueled unless otherwise marked. < = Vehicle in service during the month <v1= Vehicle in service very little during the month No = Vehicle not used during the month Vehicles lined out with yellow removed from active fleet Vehicles 3300, 3301, 3302 - in active fleet as of 6/28/12 Vehicles 3295 & 3296- in active fleet as of 8/12 Vehicle 2371 - in active flcct as of 10/12 AltiMEDSTAR Mar CABULANCE i.e. 1101 N. 16th Ave. #120, Yakima, WA. 98902 Phone: S09-829-6996 1 Fax: 877-992-8339 1 Email:contact@eomedstar.com Dial -A -Ride Rate Review Request addendum 2 10-9-2013 The information below helps illustrate that Dial -A -Ride (Demand Response) is currently operating more cost efficiently than ever while still providing greater on time performance and fleet maintenance. Medstar is providing greater service for Yakima compared to it's peers, yet we have been performing these services at a loss and are now facing not being able to afford to effectively retain, train and pay quality employees in 2014. This information shows that Demand Response should be supported more financially like Fixed Route has been and that Yakima Transits Demand Response rates are below what is sustainable . Yakima's Demand Response is by far the most cost effective operation compared to it's NTD peer groups. What the National Transit Database doesn't take into consideration is ontime performance. We know in 2010 ridership per revenue hour for Yakima was at 2.13 riders per hour, but on time performance and accurate data reporting were poor(and suspected padding of trips). Since Medstar started providing service in 2012, there were strict performance penalties put in place for being too early or late, which made it impossible to group many trips that previously had!been. There has also been ridership decreases since May due to service cuts and rate increases (efficiencies naturally go down with lower ridership), yet we have still maintained 2.08 riders per hour and that's with 99%¢ on time performance. Before Medstar provided Dial -A -Ride we were called on a near daily basis to help pick up the Dial -A -Ride clients that were forgotten or were waiting too long. That doesn't happen anymore. 1 ' : lra A Transit Database ThE rrent peergipinfdjl anon has bb ..xtracted from the Transit Profiles based upthtt a Federal Tratik,Admi adonis 2003 and 2010 Transit Databases, the 2010 Database.being the rr nt y *liable at the time this report was prepared. 1. Bilfin ntana 6. Ems, Washington 11, Racine, Wisconsin 2. BloomingtokIndlana v Ai 7. Fairfield, California 12, Redding, California 3. Brockton, Massachuseib 8. Fango, North Dakota 13. Rochester, Minnesota 4, Decatur, Illinois:: Y 9, Gainesville, Florida 14. Visalia, California 5. Duluth, Minnesotat'tr>"* 10. Kenosha, Wisconsin 15. Yakima, Washington 41.2 National PeerGroup The national peer group is riiade Up of 14 public transit agencies, plus Everett, with similar characteristics as Everett Transit. Although the tendency is to compare agency - to -agency when reviewing this material, it is important to note that there are many more variables that drive the operation of a transit agency, including geographic area, demographics, funding, wages and benefits, other transportation options, governance, local and State laws, and pblicies established by governing boards. But takeri as a whole, the peer group does establish some baseline statistics and trends for comparison r :-:#►ser4roup.Giitl4.:':00fi • tense: • ....As. ...�„r`x"£•:`n `� '���` :`. ,...,. '$10 RYh��`-i. � a,: su:' 4��u°rin. :a s Ail .Je.1`:syr,T.:`.: .:-.ts !?��i. � r f < 4 �i°--''.-�_ T .!r::a.' ...._....:..Yakima :,..:r 01 " :::$6,01 $.L93.. ci �} .;�;; ` 42._14• . $6:37: $.3 $2:33:.,.:" ..-... �7ti:5y:.. - .::., �Sb $5: "$6x35`•. ,::Fargy- :' ` :$$ t1 _:,..: _ ... , ,V ;.$4$:36:;-;;::_ <:..< X6:56 $47:12 $6.{19; :t)4 13r7.ri.; .._.; : X77.41 340i97 40;07'. - :43.7fl.. - Redding :. ' .:$73;72' .:.....: . $58 1r3 ._ :::.. : ° :a2... $4.97 -° lie' .1.3. ; . = $R3:0 ,13 $5.99: • °� :::.:" ;=:�+5-< ;�. a9. ?. . .$$,25 ' ;Gaiiriesvilleft ;;_.$t,3:19,�`''., . $ :.47`:` :. . =$5:94,> - :, -$3.25 _ . _Bloomington.: ;; rr,:..,: $6.;99 - ,, _... ...$33 _ `. • 109** .- .ii7 X8.84 ' - * .* Z:.'. Mi i@nnumt.':' -; -. $ t.99 -::: '. ::*2S 01. - ` $443.: ' 4-493.,.'.._ . .:Average-. ,_,. : ; $81:1.2.- .... .$5 9--,.,..... 81 $3► . ,. Yakima Demand Response: Second and third best Cost Efficiency. Fixed Route second worst Cost Efficiency. 2 AVM. , „ _... peer &roup-.C"iuni ::ire Costler'Rtevenue deur=:2043 -.2010: ,:.lrixet R.ute ; ' .;: .. Obali nd-Response: _ . 20i0 ::.:;<; ' - I .. - :.2�y0�03�,-- . %.C� X2003 , =_ :138 57 =':' '- P3.::77-::.:: j • 1 '1 0 •. �;$.�r?:::7 .,..: Q211 $48.::7:s�_: ---',:-.-,-4.3%-• .": ; dirt . :1412V ==. 47E72 72% ',..,.',.68% . $45:.51' 8 _ .35t„-19: a:.$3t 50% +374 _ _..: ii :.:° .-f:, 4452 S1950 . - Visaba;$44:7.8.:; :.. S-- > ',, „15.7%_ =. 4 : ='__ 83 i9_.. ► . .: ... _.:' .. _ _ . ,... _....7 .134 n 7,4.3.: 53;: 2% ,. $Iootimiugton45.64! . •$61:99;: --361r_:. " - J45 i $351138-... , ...._2,•. �1a: ', �y _ , - j 8 _ y� ._ :3151W Q� 8Q -: 149'%ha $3 20 . , ;._ 6%% - fl86_ : 42.14.:; : ^" `3'7gA'`,:~: i ~ u` ':_' -'.' . : `' $6655' ,;; ;/a ... $4241, :$5934; 41% _.:F Old,31' .9 : , ' : 91:74 . o ;:=', .:. '$55 �'2 399 97 _ s1 :. =e :-_. 5'C4 y: 4.65'40.. - 27%.-_; - S:7.11 :•:.35..47` : 4°1,x:... _tilti ha -- 374'.x9,. - -=$ v3 . •••:A.:'-: ':�::$1-5:99 12%%-'_. ; .,r--: 'f. . : `$$7:86 _ ' ..$25 01 ^ _ :'$40,'97-:z a� '�.: . 5` �,?A. _: .:29°.x::_ 4R 13kip 'I' - " $69J-6,:::-"'•:04-44- ::��7��:� `V_:. . trail - -- 't 0 $nnJ" --,ig. . ,'_ ��� �_ : 1rO�0y �� ��iVu�.i� �:... 1 6�9p ;~����V3 y� yy'y y a Y1�R��o: pp 7 `�'�1�0i�1 S99 7 '..P97s�.'l: . 149..E =.. :-- i mum_ ' : S387.5t '-_;=$6LO' -4% ,._::: _ s-,94.- _ `: 25:01. ` .: •e— 3 •e. .-- Vre r• " =:` : :$61.'. _= ' :; i:12::.. .:38;°x,% : 43:48 -,;' :$5609 ,a -..: 38% , _ : Le 13: es in tvalf0Wevenue 1-Iour, 2003-2010 priler Axed 1 ie Pereanai 6/Orange Yakima Transit Demand response cost per revenue hour has been reduced 37% over this period, while Fixed had a,68% cost increase. Notes: Inflation' source: htto://www.bls.eov/data/inflation calculator.htm NTD data is from City of Everett's Transit Peer Review Analysis Chapter 4. 3 This information confirms that Dial -A -Ride is running a very tight profit and Toss statement and that Medstar Cabulance is indeed paying more than it's fair share of costs, while providing a great cost savings to the Dial -A -Ride service by being local. Medstar is providing 37% lower costs per hour than paid in 2003, despite 2796 cummulitive inflation (2003-2013), while maintaining the same aged fleet at 2010 efficiencies, but with 99% on-time performance. (average vehicle age 2004, which I feel safe saying is the lowest for the peer groups and probably in the State). Yes, we know it's Amazing. There isn't a cheaper / better service provider for Yakima in comparison to NTD peer groups, but it's not financially sustainable with our operations being cut. We are not asking for a rate increase. just to be made whole on what we signed up for and ability to cover our fixed costs. Doingso would allow us to increase efficiencies and provide even better cost savings for the City of Yakima. On September 30th, Washington State announced an increased the minimum wage to $9.32 an hour starting Jan. 1st 2014. Once you include the tax increase of Social security and Medicare: 7.6% and State unemployment of: .66% The Total tax increase is 8.31% so a .13 increase in minimum wage costs you 14.08 cents per hr. (.13x1.0831) This directly affects 33 DAR employees that are at or near minimum wage. We provide 2.08 trips per revenue hour, but 1.78 trips per actual hour. So that's (1.78 trips per act. hr / 14.08 min wage increase) = 7.91 cents per trip increase for drivers and three full-time office staff (5,760 hours a year x 14.08 min wage increase) = $811 per year, which equals 1.05 cents per trip based on 2013 monthly trip average of 6,447.75. Total 8.96 cents per trip. The minimum wage increase was made known after our original request regarding fixed cost margin loses due to service cuts. Which was a $.43 rate increase as shown on the previously provided worksheet. As well as: • Fixed Costs Rate deficit for 2013: -$27,269 • Total 2014 rate increase: 51.96 cents We sincerely appreciate working with the City of Yakima and and our Dial -A -Ride Clients. Thank you in advance, 4 Justin Bergener CEO Medstar, LLC AI 5 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street,Yakima, Washington 98901 (509)575-6030 Fax (509)575-6160 MEMORANDUM November 1, 2013 TO: Tony O'Rourke, City Manager Sue Ownby, Purchasing Manager FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: Dial -A -Ride Service — Medstar, LLC — Request for Price Adjustment (for contract year 2014) Issue: The Agreement between the City of Yakima and Medstar, LLC ("Medstar") for Dial -A - Ride paratransit service contains a provision allowing the contractor to present a request for adjustment of compensation. The request for adjustment must be presented on or before August 1 of each year. Any increase allowed would become effective for the succeeding year. By letter dated August 1, 2013, Medstar submitted a request that the city consider a 7% rate increase to cover Medstar's increased operational expenses. This request was based on a combination of a reported 7.4% reduction in trip volume caused by a city -instituted fare increase, reduction in service hours, and elimination of service on holidays implemented in March 2013, coupled with an increase in Medstar's fixed operational costs. Medstar reported that revenues for 2013, were, down 9.4% while operational/overhead costs had only decreased by 2.4%. Staff has met with Justin Bergener, principal owner of Medstar, to discuss the proposal. At our last meeting on October 16, 2013, we informed Medstar that we could not recommend an increase of 7%. Instead, after analysis of applicable CPI data and other issues, we advised that we could tentatively recommend to the City Manager an increase of 4.2%. Recommendation: Yakima Transit recommends that the existing Agreement with Medstar for Dial -A -Ride services be increased by 4.2%. The increase would be effective commencing January 1, 2014. This recommendation is a tentative recommendation, subject to approval by the City Manager. Memorandum - Medstar, LLC - Requested 2014 Rate Adjustment November 25, 2013 Page 2 A. Discussion. 1. Background. Dial -A -Ride is a paratransit service mandated for any transit agency that provides mass transportation services. In short, transit agencies must provide "curb to curb" paratransit services for qualified disabled individuals. This paratransit service must mirror the "service area" and "times of service" of the regular transit service. Over the years, the City of Yakima has contracted with private paratransit providers for this service. In 2011, it was decided to submit a request for proposals (RFP) for a new private provider and the RFP was issued in May 2011. Proposals were submitted in July 2011, and Medstar was selected as the paratransit service provider. The Agreement contains a mechanism (below) that allows the contractor to make a request for adjustment of compensation prior to August 1 during each year of the Agreement based upon the CPI -W. In 2012, Medstar submitted such a request for adjustment pursuant to the adjustment provision in the Agreement, and the Agreement was amended to increase rates by 3.7% and provisions relating to rental charges for certain leased vehicles used by Medstar to provide paratransit service were waived until the fleet was updated. The Agreement (approved Dec. 2011) contains the following provision, at Section 5: D. Price Increases If requested by the Contractor in writing prior to August 1 of each year of the contract beginning in 2011, the City will consider increasing the Contractor's trip rates per the Seattle -Tacoma -Bremerton Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W) 12 -month year over year period ending June 30 of the year of the request. Such rate will have fuel and insurance costs subtracted since those costs are being paid by the City. The City, in its sole discretion, will decide whether to approve or deny the rate increase request or any part thereof by September 30. If approved, a rate increase shall take effect on January 1 of the following year. Price increases for any other justifiable reason will be considered on a case-by-case basis. Price increase requests will not be considered or granted until any outstanding financial reports have been submitted to the City. The CPI -W data applicable to Medstar's current request shows an increase of 1.4%. Additionally, on September 30, 2013, the State of Washington announced a further increase of the minimum hourly wage, from $9.19 to $9.32 per hour (effective January 1, 2013). This increase represents an additional 0.9% increase available to Medstar, for a combined possible 2.3% rate increase based on CPI -W factors. The Agreement allows the parties to consider rate increases for "any other justifiable reason." In reviewing the city's paratransit services, it was noted that the Agreement originally anticipated replacement of paratransit vehicles as the current vehicles depreciated. This has Memorandum - Medstar, LLC - Requested 2014 Rate Adjustment November 25, 2013 Page 3 not happened at the pace originally intended due to issues with the FTA's Buy America Waivers. Consequently, we have a fleet with many vehicles (remaining in service) that have high mileage and require more maintenance. (See attached materials for listing of fleet information.) Additionally, Yakima Transit has noted an increase in Non -Ambulatory (wheelchair) passenger trips. These trips require more time to bad, secure and unload wheelchair-bound passengers, thereby reducing the number of trips Medstar is able to perform throughout a day. Because Medstar is compensated on a per -trip basis, the reduction of trips would affect revenue. Also, because of the type of paratransit vehicles currently in service, wheelchair trips typically limit the carrier's ability to transport multiple passengers, leading to difficulties in scheduling group rides. Overall Dial -A -Ride ridership experienced an approximate 8.5% decrease associated with the March 2013 rate increase, elimination of paratransit service on holidays and reduction in Dial -A - Ride service hours. Under the proposed 4.2% rate increase, the trip rate for ambulatory clients will increase by $0.45; the trip rate for non-ambulatory will increase $0.63; and the trip rate for no-shows will increase $0.20. Taken together, it is Yakima Transit's opinion and recommendation that the Agreement with Medstar, LLC be amended to increase trip rates by 4.2%. The rate increase is estimated to increase total 2014 compensation to Medstar to $1,023,265 (compared to projected 2013 compensation of $1,019,078). Yakima Transit's paratransit budget has sufficient funds to provide the additional compensation. B. Recommendation. Yakima Transit recommendations an increase in the trip rate compensation to account for Medstar's increased operational costs driven by the CPI -W and the increases in the state minimum wage laws, and other increases in general operating costs. The increases would be included in the appropriate ,per -trip rates of the Agreement, to total an increase of 4.2% in compensation for 2014 based on projected Dial -A -Ride trips. Medstar also joins in the recommendation, with the understanding that approval is conditioned on approval by the City Manager. MED YAR BULACifCE 1101 N. 16th Ave., Yakima, WA. 98902 Phone: 509-829-6996 I Fax: 877-992-83391 Email:contact@gomedstar.com Dial -A -Ride Rate Review Request August 1, 2013 CPI increase index requested as stated in agreement. Fleet Status Originally it was expected that the fleet would be upgraded in the first year. So far we are using the same fleet, most of which have already seen a full life in other transit agencies. Last year the lease forgiveness on the 18 vehicles that have over 200,000 or 100,000 miles was very helpful. We have gone this year with little relief from the added high costs and maintenance of older vehicles. We ask that the lease rate can be forgone or significantly lowered to $1 per vehicle. The cutbacks in March have significantly hindered our ability to cover increasing fixed costs as they have caused a direct 7.4% reduction in trip volume. Cutting summer free ride weekends has also started to happen and is making further reductions in trips volumes. The volume reduction has had little effect in reducing operational costs and fixed cost have gone up. Volume reductions naturally cause per trip costs to increase. So far this year revenue is down 9 4% and operational cost are only 2.4% down. To keep Dial -A -Ride funded and maintain the sustainable rates in which we won the contract by we'd need greater than a 7% rate increase. Holiday Cutbacks Cutting service on 8 more holidays, has resulted in an estimated $24,000 less Revenue a year. Before or after those holidays there is not an increase in trip volume, we've seen that clients just didn't go. It's a hardship for many clients and we feel they are needing transportation services on Martin Luther King day, Presidents day, Columbus day and Veterans day. We fill that these holidays are busier than others and should be brought back for regular client services. Fair increase from $1.50 to $2.00 and reducing extended service hours has also had a significant impact. We've experienced many client that have become homebound due to the $.50 increase. We ask that you consider free December or free ride options on weekends to assist some of these clients that need to get out for food and other basic needs. Shared Rides To be more efficient, environmentally friendly, and save gas we'd like to promote ride sharing. For example if clients share a ride then they will have a reduced fare This would encourage facilities and clients at living centers particularly to go shopping at the same time or to schedule appointments together. Promoting savings would help all of us and could be called two for the price of one fare or three for free.. Ride times According to DAR Drivers, prior to us assuming the contract they were not limited to a 1 hour max ride time. This allowed them to use one bus and driver rather than two or three. We'd like to be able to expand the current 60 min max travel time to be more efficient with grouping rides. :MED:STA CABULANCE 1101 N. 16th Ave., Yakima, WA. 98902 Phone: 509-829-6996 I Fax: 877-992-8339 1 Email:contact@gomedstar.com Some agencies such as Tucson Transit have goals such as 80% under 90 mins and 100% under 120 mins. The FTA says recommends a graduated scale for distance and ride times, which we naturally follow. Although many of our trips are 10+ miles if it includes Selah or Union gap and we often have to take those clients one at a time to meet the 60 min ride max unless they live or are dropped off at the same place. We'd like to expand the max travel time to 120 mins for grouping rides. Source: htto.//dredf.org/ADAtg/OTP.shtml Cutback Details: Prior cuts From 2012 Jan. & Feb. we performed 12,881 trips vs. 2013 Jan & Feb 13,056 That's a 1.4% Increase. After cuts. From 2012 March - July 34,206 vs. 2013 March - July 32,150 Which is a 6% decrease. For a combine 7.4% decrease of where we would have been. We sincerely appreciate working with the City of Yakima and and the Dial -A -Ride Clients. Thank you in advance, Justin Bergener CEO Medstar, LLC CONTRACTAMENDMENT PROJECT:. , ;-e; ...City of Yakima,RFI?;No. ,111.06P- DESCRIPTION: Dial-A-Ride Paratransit Transportation Services VENDOR: Medstar, LLC THIS CONTRACT .'AMENDMENT NO. 3, is made and entered by and between the.City of Yakima, a Washington municipal: corporation (hereinafter "City") and Medstar, LLC (hereinafter "Contractor"). WHEREAS, City and Medstar Cabulance, Inc, executed_ a - Contract• on December 13, 2011, providing .for -ADA Paratransiif Service for the City pursuant to the above-referenced RFP. Medstar Cabulance, Inc. subsequently.,assigned its interest to Medstar, LLC; and ,. .,_; WHEREAS, Section 5(D) of the Contract authorizes the parties to amend the Contract compensation in accordance with the procedures stated therein; and WHEREAS, both parties have determined that it..is_,.in_Mtheir.. :Mutual 'interest to modify the compensation provisions in such:._Contract,.•.which adjusted compensation shall be payable to Contractor commencing January 1, 2015; and WHEREAS, Resolution No. 2011-179 approving the Contract authorized the City Manager to execute and administer such Contract, which administration includes approval of compensation adjustments pursuant to Section 5(D) of the Contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: AMENDMENT Section 1. Effective January 1, 2015, the compensation rates for the types of service set forth in Section 5 of the Contract shall be as follows: Service Type 2014 New 2015 Cost Ambulatory $11.30 $11.70 Non -Ambulatory $16.02 $16.58 No -Shows $ 5.09 $ 5.27 Section 2. Except, as- expressly..?modified ,herein, all.:other terms and conditions of the Contract and Vehicle Lease date. . -'ember 13, 2011, including any approved formal i arneridrnents and - odifi tions, shall remain in full force and effect. CITY OF YAKIMA AUTHORIZATIO Tony O'Rourke, City Man CONTRACTOR ACCEPTANCE: Justin Bergener, MedStar, LLC CITY CONTRACT NO:, RESOLUTION NO: 2 CONTRACT AMENDMENT NO. 4 PROJECT: City of Yakima RFP No. 11106P DESCRIPTION: Dial -A -Ride Paratransit Transportation Services VENDOR: Medstar, LLC THIS CONTRA T AMENDMENT NO. 4, is made and entered by and between the City of Yaki a, a Washington municipal corporation (hereinafter "City") and Medstar, LLC (ereinafter "Contractor"). WHEREAS, Ci and Medstar Cabulance, Inc. executed a Contract on December 13, 2 11, providing for ADA Paratransit Service for the City pursuant to the above -referenced RFP. Medstar Cabulance, Inc. subsequently assigned its interest to M dstar, LLC; and WHEREAS, Section 5(D) of the Contract authorizes the parties to amend the Contract compensation in accordance with the procedures stated therein; and WHEREAS, bo h parties have determined that it is in their mutual interest to modify the co pensation provisions in such Contract, which adjusted compensation hall be payable to Contractor commencing January 1, 2016; and WHEREAS, R olution No. 2011-179 approving the Contract authorized the City Manager t execute and administer such Contract, which administration includes appro I of compensation adjustments pursuant to Section 5(D) of the Contract. 1 NOW THEREF RE, in consideration of the mutual convenants, promises, and agreements se forth herein, it is agreed by and between the City and the Contractor as f flows: AMENDMENT Section 1. Effective January 1, 2016, the compensation rates for the types of servic set forth in Section 5 of the Contract shall be as follows: Service T 2015 New 2016 Cost Ambulatory I $11.70 $11.76 Non -Ambulatory $16.58 $16.66 No -Shows $ 5.27 $ 5.30 Section 2. Except as expressly modified herein, all other terms and conditions of t e Contract and Vehicle Lease dated December 13, 2011, including any a proved formal amendments and modifications, shall remain in full force and e ect. CI YAKI A AU HORIZATI Tony O'Rourke City anager CONT CTO ACCEPTANCE: Com' t3 •CS Date 10/10/2015 Justin :ergene , (r tar, LLC Date 2 CONTRACT AMENDMENT NO. 5 PROJECT: City of Yakima RFP No. 11106P DESCRIPTION: Dial -A -Ride Paratransit Transportation Services VENDOR: Medstar, LLC THIS CONTRACT AMENDMENT NO. 5, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter "City") and Medstar, LLC (hereinafter "Contractor"). WHEREAS, City and Medstar Cabulance, Inc. executed a Contract on December 13, 2011, providing for ADA Paratransit Service for the City pursuant to the above -referenced RFP. Medstar Cabulance, Inc. subsequently assigned its interest to Medstar, LLC; and WHEREAS, Section 5(D) of the Contract authorizes the parties to amend the Contract compensation in accordance with the procedures stated therein; and WHEREAS, both parties have determined that it is in their mutual interest to modify the compensation provisions in such Contract, which adjusted compensation shall be payable to Contractor commencing January 1, 2016; and WHEREAS, Resolution No. 2011-179 approving the Contract authorized the City Manager to execute and administer such Contract, which administration includes approval of compensation adjustments pursuant to Section 5(D) of the Contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: AMENDMENT Section 1. Effective January 1, 2016, the compensation rate shall be added to Section 5 of the Contract and shall be as follows: Service Type New 2016 Cost PCA and guests traveling with DAR Clients $5.88 per trip Section 2. Except as expressly modified herein, all other terms and conditions of the Contract and Vehicle Lease dated December 13, 2011, including any approved formal amendments and modifications, shall remain in 1 full force and effect. CITY OF YAKIMA AUTHORIZATION: Jeff C kinterim City Manager CONT CTOR ACCEPTANCE: J usti 0-1//11P Date Bergener,dStar, LLC D- e 2 CONTRACT AMENDMENT NO. 6 PROJECT: City of Yakima RFP No. 11106P DESCRIPTION Dial -A -Ride Paratransit Transportation Services VENDOR: Medstar, LLC THIS CONTRACT AMENDMENT NO. 6, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter "City") and Medstar, LLC (hereinafter "Contractor"). WHEREAS, City and Medstar Cabulance, Inc. executed a Contract on December 13, 2011, providing for ADA Paratransit Service for the City pursuant to the above -referenced RFP. Medstar Cabulance, Inc. subsequently assigned its interest to Medstar, LLC; and WHEREAS, Section 5(D) of the Contract authorizes the parties to amend the Contract compensation in accordance with the procedures stated therein; and WHEREAS, both parties have determined that it is in their mutual interest to modify the compensation provisions in such Contract, which adjusted compensation shall be payable to Contractor commencing January 1, 2017; and WHEREAS, Resolution No. 2011-179 approving the Contract authorized the City Manager to execute and administer such Contract, which administration includes approval of compensation adjustments pursuant to Section 5(D) of the Contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: AMENDMENT Section 1. Effective January 1, 2017, the compensation rate shall be added to Section 5 of the Contract and shall be as follows: Old Cost Increase New Cost Ambulatory: $11.76 0.24 $12.00 Non -Ambulatory: $16.66 0.33 $16.99 No Shows $5.30 0 11 $5.41 PCA & Guest $5.88 0.12 $6.00 Section 2. Except as expressly modified herein, all other terms and 1 conditions of the Contract and Vehicle Lease dated December 13, 2011, including any approved formal amendments and modifications, shall remain in full force and effect. CITY OF YAKIMAAUTHORIZATION: Cli Mo•f%( ity Manager CONTRACTOR ACCEPTANCE: [ L'� Justin Bergener, MedStar,(L CITY CONTRACT NO: Oi(-o99� RESOLUTION NO: R O// r / 79 2 c/(61I1c0 Date Da e CONTRACT AMENDMENT NO. 8 PROJECT: City of Yakima RFP No. 11106P DESCRIPTION: Dial-A-Ride Paratransit Transportation Services VENDOR: Medstar, LLC THIS CONTRACT AMENDMENT NO. 8, is made and entered by and between the City of Yakima, a Washington municipal corporation (hereinafter"City") and Medstar, LLC (hereinafter "Contractor"). WHEREAS, City and Medstar Cabulance, Inc. executed a Contract on December 13, 2011, providing for ADA Paratransit Service for the City pursuant to the above-referenced RFP. Medstar Cabulance, Inc. subsequently assigned --- - ----------- ---- its interest to MedstarT LLC; and WHEREAS, Section 5(D) of the Contract authorizes the parties to amend the Contract compensation in accordance with the procedures stated therein; and WHEREAS, both parties have determined that it is in their mutual interest to modify the compensation provisions in such Contract, which adjusted compensation shall be payable to Contractor commencing January 1, 2020; and WHEREAS, Resolution No. 2011-179 approving the Contract authorized the City Manager to execute and administer such Contract, which administration includes approval of compensation adjustments pursuant to Section 5(D) of the Contract. NOW THEREFORE, in consideration of the mutual convenants, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: - AMENDMENT-- Section 1. Effective January 1, 2020, the compensation rate shall be increased by 9.8% and added to Section 5 of the Contract and shall be as follows: Old Cost Increase New Cost Ambulatory: $12.30 1.21 $13.51 Non-Ambulatory: $17.41 1.71 $19.12 No Shows $5.55 0.54 $6.09 PCA & Guest $6.15 0.60 $6.75 1 Section 2. Except as expressly modified herein, all other terms and conditions of the Contract and Vehicle Lease dated December 13, 2011, including any amendments and modifications, shall remain in full force and effect. CITY OF YAKIMA AUTHORIZATION: Lte-7 )44. et ky uN.-640 Inter' City Manager Date CONTRACTOR ACCEPTANCE: ti /6 / /6/ Justin Berger*, CEO, MedStar, LLC Date CITY CONTRACT NO: "r11 RESOLUTION NO: 2