HomeMy WebLinkAboutR-1993-031 Dial-A-RideRESOLUTION NO. R-93-
1
A RESOLUTION authorizing the termination of the Dial -A -Ride Service
Transportation Service Agreement between the City of Yakima
and Diamond Cab Company, authorizing the execution of a
Dial -A -Ride Transportation Service Agreement with People
For People, Inc. and declaring an emergency.
WHEREAS, the City of Yakima currently contracts with Diamond Cab
Company for Dial -A -Ride services for handicapped persons within the City of
Yakima pursuant to a written agreement; and
WHEREAS, the Council deems it to be in the best interest of the citizens of
the Cit. of Yakima to terminate said agreement pursuant to Section 1 of said
agreement b\ giving a thirty (30) day termination notice to Diamond Cab
Company; and
WHEREAS, under the terms of the Americans with Disabilities Act, the City
of Yakima is obligated to provide a Dial -A -Ride transportation program to
handicapped persons within the City of Yakima; and
WHEREAS, the Cit} cannot meet this obligation in a timely fashion were it to
bid a new contract for Dial -A -Ride services pursuant to the provisions of City
Charter Article VI, Section 6; and
WHEREAS, the Cit\ Council finds and declares under the authority of
Charter Article VI, Section 6 that an emergency exists of such a nature as to
authorize the Council to execute a new contract for Dial -A -Ride services without
calling for bid, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Cit.) Manager is hereby authorized and directed to deliver the attached
and incorporated Notice of Termination to Diamond Cab Company. Furthermore,
the City Manager and the City Clerk are hereby authorized and directed to execute
the attached and incorporated Dial -A -Ride Transportation Service Agreement
Nvith People For People, Inc. together with an addendum thereto that fixes a cap on
the administrative and dispatch fees.
ADOPTED BY THE CITY COUNCIL this \ day of i L. 1993.
g-Kzt
ATTEST: Mayor
City Clerk
res'vane: dial-a-rie -
DIAL -A -RIDE TRANSPORTATION
BROKERAGE SERVICE AGREEMENT
THIS AGREEMENT is entered into this
day of April, 1993, by and
between the City of Yakima, Washington, hereinafter called "the City," through the
Department of Public Works, Transit Division, 2301 Fruitvale Blvd., Yakima,
Washington 98901, and People For People, Inc., a Washington non-profit corporation,
hereinafter called the "Contracting Agency."
The purpose of this Agreement is to provide transportation services to the
handicapped within the corporate limits of the City of Yakima. Contracting Agency
shall provide dispatch and transportation services and broker other subcontractors to
provide transportation services for the City.
1. Term of Agreement -- Tei iiiination
This Agreement shall become effective on its approval by resolution of the
Yakima City Council, and shall terminate on June 30, 1994. Provided, that
either party may at any time during the term of this Agreement, terminate this
Agreement by giving thirty (30) days notice in writing to the other party of its
intention to terminate. All notices to the City shall be addressed to the City of
Yakima, Attention: Transit Manager, Public Works Complex, 2301 Fruitvale
Blvd., Yakima, Washington 98901. Notice to the Contracting Agency shall be
addressed to: P.O. Box 1665, Yakima, Washington 98907.
2. Service Area
The Contracting Agency agrees to provide service under this Agreement to
those who have prequalified under procedures established by the City within
the limits of the City of Yakima or within three-quarters of one mile of a Yakima
Transit bus route regardless of City boundaries.
3. Payment
The City agrees to pay the Contracting Agency a fee for services calculated and
invoiced as follows:
A. The direct billing by transportation subcontractors to the Contracting
Agency for services provided under this Agreement, e.g. transportation
services, which shall include a minimum per ride fee, plus
B. An administrative and dispatch fee will be charged on a direct, actual
cost basis, which fee shall not exceed Twenty Thousand Dollars
($20,000.00) for the first ninety (90) days of this Agreement, and which
fee shall not exceed an amount to be determined by contract addendum
for the balance of the term of this Agreement, plus
C. Contracting Agency's actual costs for providing transportation services.
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Contracting Agency shall submit an itemized list of all subcontractor expenses
to the City for payment under the above format, and Contracting Agency will in
turn pay subcontractors.
On or before the 10th day of each month, the Contracting Agency shall invoice
the City's Transit Manager for the services of the previous month as calculated
above. The City shall pay within thirty (30) days. Any charge disputed by the
City shall be separated from the invoice and the undisputed portion shall be
paid. Both parties shall meet and resolve disputed charges within thirty (30)
days after the invoice..
4. Extent of Agreement
This Agreement contains all the terms and conditions agreed upon by the
parties. No other understandings, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
5. Insurance
The Contracting Agency shall maintain for the duration of the contract
commercial general liability insurance and automobile liability insurance with a
combined single limit of $1,000,000 each. The policy must provide for thirty
(30) day cancellation notice to the City if canceled or altered by either party. A
certificate of such insurance shall be provided to the City's Transit Manager at
the time of the execution of this Agreement and shall name the City, its
officers, agents, and employees as additional insureds.
The Contracting Agency shall assure that all its subcontractors maintain
commercial general liability insurance and automobile liability insurance with a
combined single limit not less than $300,000 each. The policy must provide
for thirty (30) day cancellation notice to the City if canceled or altered by either
party. A certificate of such insurance shall be provided to the Contracting
Agency at the time of execution of this Agreement and shall name the City, its
officers, agents, and employees as additional insureds.
6. Non -Discrimination in Contracted Activities
The Contracting Agency shall not, on the grounds of race, creed, color, religion,
national origin, marital status, age or the presence of any sensory, mental or
physical disability:
A. Deny any individual any contracted activities or other benefits consistent
with the terms of this Agreement;
B. Provide any contracted activities or other benefits to an individual which
are different, or are provided in a different manner, from those provided to
others under this Agreement;
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C. Subject an individual to segregation or separate treatment in any manner
related to his receipt of any contracted activities or other benefits provided
under this Agreement;
D. Deny any individual an opportunity to participate in any program
provided by this Agreement through the provision of contracted activities or
otherwise, or afford him an opportunity to do so which is different from that
afforded others under this Agreement.
E. Utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination because of their race, creed, color,
religion, national origin, sex, marital status, age, or the presence of any
sensory, mental or physical handicap or have the effect of defeating or
substantially impairing accomplishment of the objectives of this Agreement in
respect to individuals of a particular race, creed, color, religion, national origin,
sex, marital status, age, or the presence of any sensory, mental or physical
handicap in determining, (a) the types of contracted activities or other benefits
to be provided, or (b) the class of individuals to whom, or the situation in
which, such contracted activities or other benefits will be provided, or (c) the
class of individuals to be afforded an opportunity to participate in any
contracted activities or other benefits.
7. Safeguarding of Information
The use or disclosure by the Contracting Agency of any confidential information
concerning a participant, recipient, or client for any purpose, with respect to
contracted activities provided under this Agreement, is prohibited except on
written consent of the participant, recipient, or client, his/her attorney or
his/her responsible parent or guardian, or as otherwise provided by law.
8. Hold Harmless
All contracted activities to be rendered or performed under this Agreement
shall be performed or rendered entirely at the Contracting Agency's own risk
and the Contracting Agency expressly agrees to defend against claims or
lawsuits and hold harmless the City and all of its officers, agency, employees,
or otherwise, from any and all liability, loss or damage, including reasonable
cost of defense, they may suffer as a result of claims, demands, actions, or
damages to any and all persons or property, costs or judgments against the
City which result from, arise out of or are in any way connected with the
contracted activities to be performed by the Contracting Agency or its
subcontractors under this Agreement.
9. Modification
No change or addition to this Agreement shall be valid or binding upon either
party unless such change or addition is in writing and executed by both
parties.
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10. Severability
The parties agree that if any part, term, or provision of this Agreement is held
by any court to be illegal, the validity of the remaining provisions shall not be
affected, and the rights and obligations of the parties shall be construed and
enforced as if the Agreement did not contain the particular provisions held to
be invalid.
If any provisions of this Agreement are in conflict with any federal law, rule or
regulation or with any law, rule, regulation or statutory provision of the State of
Washington, the conflicting provisions shall be deemed inoperative and null
and void insofar as they may be in conflict, and shall be deemed modified to
conform to lawful provisions, so as to give them as much effect as legally
possible.
11 Relationship of the Parties
A. The parties agree that an independent contractor relationship is created
by this Agreement. The performance of contracted activities and the
results to be achieved are solely the responsibility of the Contracting
Agency and those subcontractors it chooses to hire. No agent,
employee, servant, or representative of the Contracting Agency shall be
deemed to be an employee, agent, servant, or representative of the City
for any purpose under this Agreement and the employees of the
Contracting Agency are not entitled to any of the benefits which the City
provides for City employees. The Contracting Agency will be solely and
entirely responsible for its acts and for the acts of its agents, employees,
servants, subcontractors, or otherwise, during the performance of this
Agreement.
In the performance of the contracted activities herein contemplated, the
Contracting Agency is an independent contractor with the responsibility
and authority to control and direct the performance of the details of the
work, in accordance with the terms and conditions of this Agreement.
However, the results of the work contemplated herein must meet the
approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
In the event that any of the Contracting Agency's employees, agents,
servants, or otherwise, carry on activities or conduct themselves in any
manner which may jeopardize the funding of this Agreement, the
Contracting Agency shall be responsible for taking adequate measures to
prevent said employee, agent or servant from performing or providing
any of the contracted activities described within the terms of this
Agreement.
B. Communications between the Contracting Agency and the City shall be
addressed to the Transit Manager of the City and the executive director
of the Contracting Agency at their respective addresses stated herein or
at new addresses designated by either party by written notice.
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12. Venue Stipulation
This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is understood and agreed that
this Agreement shall be governed by laws of the State of Washington both as to
interpretation and performance.
Any action at law, suit in equity, or other judicial proceeding from the
enforcement or breach of this Agreement or any provision hereof, shall be
instituted and maintained only in any of the courts of competent jurisdiction in
Yakima County, Yakima, Washington.
13. Service Delivery
The Contracting Agency shall perform transportation services under this
Agreement in accordance with the policies and specifications delineated in
EXHIBIT A SERVICE DELIVERY which is attached hereto and incorporated as
a part hereof. The City specifically reserves the right to set a limit on the
amount of services to be provided by the Contracting Agency based upon the
City's budget.
14. Data Collection and Reporting
The Contracting Agency shall collect and report operating data in accordance
with procedures established, or modified from time to time, by the City. These
prescribed records shall be kept current for the full term of this Agreement.
The Contracting Agency shall maintain fiscal records in accordance with
recognized standard accounting practice. The Contracting Agency shall make
all records pertaining to the services provided under this Agreement available
to authorized agents of federal, state or local governmental agencies for the
purpose of determining the accuracy of reported information and the actual
cost of services provided. The Contracting Agency shall make no additional
charge for this service to the City.
15. Training
All vehicle operators employed by the Contracting Agency and its
subcontractors and utilized to provide transportation service under this
Agreement must, as a minimum, possess a valid Washington State Driver's
License (or a Commercial Driver's License if required by law), Cardio
Pulmonary Resuscitation (CPR) Card, and Basic First Aid Card. Operators and
subcontractors must also receive ongoing training in passenger handling
techniques, sensitivity in dealing with elderly and/or handicapped persons,
and vehicle and personal safety on an ongoing basis. These and other forms of
training shall be documented and such records kept current for the life of this
Agreement. No additional charge shall be made for this service.
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16. Mandatory FTA Provisions
A. Breach by Contracting Agency
In the event the Contracting Agency fails to perform any requirement of
this Agreement, the City may terminate this Agreement by giving written
notice to the Contracting Agency of the City's intention to terminate
because of failure of the Contracting Agency to so perform as specified
in the notice. If the Contracting Agency corrects the non-performance to
the satisfaction of the City within ten (10) days after such notice is
given, then this Agreement shall not be terminated on that ground. If
the Contracting Agency fails to correct the non-performance to the
satisfaction of the City within the ten (10) day period, then this
Agreement shall terminate on final written notice by the City.
In the event of the breach of this Agreement by the Contracting Agency
so that the City engages other carriers to perfoiin the service called for
to be performed by the Contracting Agency under this Agreement, the
Contracting Agency agrees to reimburse to the City all costs incurred by
the City in procuring such service, in excess of the cost provided by this
Agreement for that service.
B. Disadvantaged Business Enterprise
(1) Policy. It is the policy of the United States Department of
Transportation (DOT) that disadvantaged business enterprise as defined
in 49 CFR Part 23 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or part with federal
funds under this Agreement. Consequently, the DOT requirements of
49 CFR Part 23 apply to this Agreement.
(2) United States DOT Obligation. The recipient or its contractor
agrees to ensure that disadvantaged business enterprises as defined in
49 CFR Part 23 have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part
with federal funds provided under this Agreement. In this regard, all
recipients or contractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and perform
contracts. Recipients and their contractors shall not discriminate on the
basis of race, creed, color, national origin, age, or sex in the award and
performance of DOT -assisted contracts.
C. Equal Employment Opportunity
In connection with the execution of this Agreement, the Contracting
Agency shall not discriminate against any employee or applicants for
employment because of race, religion, color, sex, age, or national origin.
The Contracting Agency shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, age, or
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national origin. 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. The Contracting Agency further agrees to insert a
similar provision in all subcontracts, except subcontracts for standard
commercial supplies or raw materials.
D. Title VI Civil Rights Act of 1964
During the performance of this Agreement, the Contracting Agency, for
itself, assignees, and successors in interest agrees as follows:
1) Compliance with Regulations: The Contracting Agency shall
comply with the Regulations relative to nondiscrimination in
federally -assisted programs of the Department of Transportation
(hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time (hereinafter referred to
as the Regulation), which are herein incorporated by reference
and made a part of this Agreement.
2) Nondiscrimination: The Contracting Agency, with regard to the
work performed by it during the contract, shall not discriminate
on the grounds of race, religion, color, sex, age, or national origin
in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The
Contracting Agency shall not participate either directly or
indirectly in the discrimination prohibits by Section 21.5 of the
Regulations, including employment practices when the contract
covers a program set forth in Appendix B of the Regulations.
3) Solicitations for Subcontracts, Including Procurements of
Materials and Equipment: In all solicitations either by competitive
bidding or negotiation made by the Contracting Agency for work to
be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the Contracting Agency of the
Contracting Agency's obligations under this Agreement and the
Regulations relative to nondiscrimination on the grounds of race,
religion, color, sex, age, or national origin.
4) Information and Reports: The Contracting Agency shall provide
all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its
facilities as may be determined by the recipient or the Federal
Transportation Administration (FTA) to be pertinent to ascertain
compliance with such Regulations, orders and instructions.
Where any information is required or a contractor is in the
exclusive possession of another who fails or refuses to furnish
this information, the Contracting Agency shall so certify to the
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recipient, or the Federal Transportation Administration, as
appropriate, and shall set forth what efforts it has made to obtain
the information.
5) Sanctions for Noncompliance: In the event of the Contracting
Agency's noncompliance with the nondiscrimination provisions of
this Agreement, the City shall impose such contract sanctions as
it or the FTA may determine to be appropriate, including, but not
limited to:
a) Withholding of payments to the Contracting Agency under
the Agreement, in whole or in part.
6) Incorporation of Provisions. The Contracting Agency shall include
the provisions of paragraphs 1 through 6 of this section in every
subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The Contracting Agency shall take such action
with respect to any subcontract or procurement as the recipient
or the Federal Transportation Administration may direct as a
means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that, in the event a
Contracting Agency becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such
direction, the Contracting Agency may request the United States
to enter into such litigation to protect the interests of the United
States.
E. Conservation
The Contracting Agency shall recognize mandatory standards and
policies relating to energy efficiency which are contained in the State
Energy Conservation Plan issued in compliance with the Energy Policy
and Conservation Act (42 USC § 6321 et seq.)
F. Environmental Violations
The Contracting Agency agrees to comply with all applicable standards,
orders, or requirements issued under Section 306 of the Clean Air Act
(42 USC 1857(h), Section 508 of the Clean Water Act (33 USC 1368),
Executive Order 11378, and Environmental Protection Agency
regulations (40 CFR, Part 15) which prohibits the use under nonexempt
federal contracts, grants or loans, of facilities including on the EPA list
for violating facilities. The Contracting Agency shall report violations to
UMTA and to the USEPA Assistant Administrator for Enforcement
(EN)329).
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IN WITNESS WHEREOF the parties have executed this Agreement the day and
year first above written.
CITY OF YAKIMA PEOPLE FOR PEOPLE, INC.
By: ' By: /_ �.r.4
Richard A. Zais, Jr.-, City Manager Its: ,� ?'� � ?%��p�,
ATTEST:
(in CONTRACT N(9.
City Clerk
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EXHIBIT "A" - SERVICE DELIVERY
Introduction
The service to be performed by Contracting Agency under this agreement shall
be a Dial -A -Ride type service which shall provide curb -to -curb transportation
service to pre identified handicapped persons on an advanced reservation basis.
The Contracting Agency shall function as the broker of service by establishing
service agreements with direct service providers who shall perform passenger
services under supervision of broker. The broker may also be a direct provider of
service.
Dial -A -Ride service shall be provided from 6:00 a.m. to 7:00 p.m. Monday
through Saturday and 8:00 a.m. to 5:00 p.m. an Sundays. On-time performance
must be adhered to by arriving at the designated pick up point within fifteen (15)
minutes before or after the scheduled pick up time. Unscheduled return rides
(will calls) shall be provided within one (1) hour of receiving notification from
passenger or their representative.
Service shall be provided within the corporate limits of the City of Yakima or up to
3/4 of one mile (.75 miles) from an existing bus route which ever is greater.
The Contracting Agency, as the service broker, shall provide for access to Dial -A -
Ride service via toll free telephone information and reservation system which
shall also provide access to the hearing impaired. Such access shall be provided
seven days per week from 8:30 a.m. to 4:30 p.m. The Contracting Agency shall
provide computerized ride matching services which matches the service request
with the lowest cost, appropriate and available service provider. The broker shall
exercise control over service providers to protect the interests of those being
served. Such oversight shall include but not be limited to maintaining
determining that service personnel are properly trained, are of good character
and that vehicles utilized in service are properly equipped and in good, safe
running condition. The City reserves the right to disqualify any service provider
with the understanding that such action may temporarily cause a shortage of
service availability.
The Contracting Agency shall determine the eligibility of each service requester
against the approved client file prior to providing service. The client files shall be
routinely updated by the City as file additions and modifications are made.
Dial -A -Ride passengers shall be charged a fare of $.35 per one-way trip. The
fare is subject to change by the Yakima City Council. Contracting Agency shall
deduct fare collected from the service billing and submit a net billing on a time
and format agreeable to both parties.
Fiscal and operating information and records relative to services provided and
invoiced are subject to audit. Such records shall be kept and made available
upon request to the authorized representatives of the City of Yakima or other
agency of government having an interest in this agreement.
Contracting Agency shall make available for sale Dial -A -Ride ticket books for
prepayment of fares. The City shall provide ticket books. Any tickets which were
sold to passengers prior to this agreement shall be accepted for the payment of
fares. These shat be noted separately on, and included with, the invoice and
shall not be deducted from the billing.
Vehicles and Equipment
Contracting Agency shall maintain sufficient numbers and types of vehicles and
uniformed personnel under agreement and available to accommodate the service
demand as experienced.
The City retains the right to inspect any and all vehicles utilized in service under
this agreement. Said inspection shall take place at a time and place selected by
the City and may be conducted by a designated representative. The intent of an
inspection shall be to determine the operating condition of the fleet and to review
maintenance records. The City retains the right to disqualify any vehicle from
service under this agreement if it is considered to be unsafe until necessary
repairs are made and the vehicle is inspected.
Vehicles utilized to provide service under this agreement shall be kept in good
operating condition and maintained according to manufacturer's
recommendations as a minimum standard. A permanent record shall be kept of
all maintenance and repairs. Service vehicles shall be equipped with the
following safety equipment.
Two-way radio communications with Contracting Agency base station.
One - Five pound fire extinguisher
One - First aid kit
One - Set of triangle reflectors (containing two reflectors) or other similar
warning device
Prescribed equipment shall be properly maintained and kept in fully functional
condition.
CITYOFYAKIMA
Office of City Manager CITY HALL, YAKIMA, WASHINGTON 98901 Phone: (509) 575-6040
April 15, 1993
Mr. George Kapellas
Diamond Cab Company
904 South Third Street
Yakima, Washington 98901
SUBJECT: Dial -A -Ride Service Transportation Service Agreement -- Notice of
Termination
Dear George:
As you know, the Yakima City Council has recently elected to change Dial -A -
Ride service providers. The purpose of this letter is to formally notify you that
pursuant to Section 1 of the Dial -A -Ride Transportation Service Agreement
between the City of Yakima and Diamond Cab, we are hereby terminating the
agreement thirty (30) days after the date of this letter. All final billings for
payment under the contract will be paid within thirty (30) days after the receipt of
your invoice by the City pursuant to Section 6 of that agreement.
The City still needs you to continue your performance under the agreement
during the thirty (30) day termination period. This will allow the City to arrange for
other services. We appreciate this will be difficult, but I know that you will
faithfully perform in a highly professional manner during the thirty (30) day
termination period.
We sincerely regret that this action became necessary and wish to express our
appreciation for Diamond Cab's service to the public over the past several years.
We hope that it will still be possible for you to provide service to the community
through the Brokerage Program administered by People for People. Thank you.
Very truly yours,
Dick Zais
City Manager