HomeMy WebLinkAboutR-2005-165 Provident Services Contract (re: dial-a-ride eligibility)RESOLUTION NO. R-2005- 165
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute the Dial -A -Ride Eligibility Consultant Services
Contract with Provident Services.
WHEREAS, the City of Yakima currently provides and intends to continue to
provide paratransit transportation services in Yakima to persons with disabilities
through a program known as Dial A -Ride, as required by the American with
Disabilities Act (ADA) to use existing transportation services.
WHEREAS, the City requires specialized Americans with Disabilities Act
Eligibility Determination assistance to aid City staff in ensuring clients eligible for Dial -
A -Ride Paratransit service provided through the Transit Division are qualified for such
services and to what degree they are eligible; and
WHEREAS, Provident Services has the experience and expertise necessary to
perform the specialized services required by the City; and
WHEREAS, the Council Transit Committee has reviewed the request at its
October 19, 2005 meeting and endorses staff's recommendation to adopt the resolution
authorizing execution of the Dial -A -Ride Eligibility Consultant Services Contract with
Provident Services; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated Dial -A -Ride Eligibility Consultant Services
Contract with Provident Services and all necessary documentation to allow assistance to
aid City staff in ensuring clients' eligibility for Dial A -Ride Paratransit services
provided in conjunction with the Dial A -Ride program of the City Transit Division.
ADOPTED BY THE CITY COUNCIL this 1st of Novembep2905.
ATTEST: Paul George, Mayor
J.4
City Clerk
Provident Services ADA Eligibildy
DIAL -A -RIDE ELIGIBILITY CONSULTANT SERVICES CONTRACT
THIS DIAL -A -RIDE ELIGIBILITY CONSULTANT SERVICES CONTRACT
(hereinafter "Contract") is made and entered into by and between the City of Yakima, a
Washington municipal corporation (hereinafter "City"), and Provident Services,
(hereinafter "Contractor".)
WHEREAS, the City requires specialized Americans with Disabilities Act
Eligibility Determination assistance to aid City staff in ensuring clients eligible for
Dial -A -Ride Paratransit service provided through the Transit Division are qualified
for such services and to what degree they are eligible.
WHEREAS, Contractor has the experience and expertise necessary to
perform the Eligibility Determination assistance required by the City
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Contractor as
follows:
1. Term. This Agreement shall commence upon execution and shall terminate
June 30, 2006, unless terminated earlier by either party in accordance with
section 25 of this Agreement.
2. Scope of Services.
Contractor shall provide the City with services in conjunction with the Dial -A -
Ride program of the City Transit Division and in accordance with the attached
and incorporated Exhibit "A".
3. Compensation.
A. Compensation for Services. As consideration for the services performed
pursuant to this Agreement, the City agrees to compensate Contractor at the
rate of $ 50.00 per hour, plus mileage at the current Federally
established rate per mile (currently 48.5 t per mile). This amount
covers any and all costs of training including but not limited to in-kind
costs of Contractor's staff, salaries and salary -related costs, travel, overhead,
taxes, insurance, telephone, materials, supplies, and other expenses.
C. Payment for Compensation. Contractor shall provide the City with an
itemized invoice/billing no later than thirty (30) calendar days after services
are provided. No vouchers shall be made for amounts claimed that are
found by Yakima Transit to be non -compensable under the Agreement. The
amount due may be reduced for overpayment or increased for
underpayment with respect to preceding invoices or vouchers. The
monthly invoice submitted by the Contractor must be itemized per client to
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show the number of hours spent and services rendered in performance of
the contract.
The City shall make payment to Contractor within thirty (30) calendar days
upon receipt of each invoice/billing. Said payment is expressly conditioned
upon the Contractor providing services hereunder which are satisfactory to
the City.
D. Source of Funds. The source of funds for this Agreement is through the
City of Yakima, Transit Department Paratransit budget.
E. Payment in the Event of Termination. In the event that either party
terminates this Agreement pursuant to Section 25, Contractor shall be
compensated on a pro -rata basis for all satisfactory services provided to the
City under this Agreement up to the effective termination date.
F. Disallowed Expenses. Should any expense or charge for which payment
has been made by the City be subsequently disallowed or disapproved as a
result of any auditing or monitoring by the City, Washington State
Department of Transportation (WSDOT), or any other state or federal
agency, Contractor shall refund such amount to the City within fifteen (15)
calendar days of receipt of written notice specifying the amount disallowed.
Refunds of disallowed costs may not be made from any funds received from
the City.
4. Reporting Requirements. All necessary reporting to be submitted to Yakima
Transit personnel within seven (7) calendar days to facilitate eligibility
determinations being made within the 21 day time window specified by the
American's with Disabilities Act . Any deviation from this seven day timeline
must be specifically approved by Yakima Transit staff prior to the timeline
expiration.
5. Resolution of Conflicting Language. Any inconsistencies or conflicts between
the language of this Agreement and the Proposal submitted by Contractor shall
be resolved in the following order: the language of this Agreement shall
prevail over the language of the Proposal.
6. Coordination of the Work. The City designates the City of Yakima Transit
Manager or his/her designee as its representative authorized to act on its behalf
in the direction of the work under this Agreement. This authority does not
extend to issuing directives outside the scope of or contradictory to the
provisions of this Agreement. Contractor shall designate a representative to act
on its behalf. Said representative shall have full authority to direct all affairs in
respect to the work performed under this Agreement.
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7. Independent Contractor Status of Contractor. Contractor and the City
understand and expressly agree that Contractor and its employees are
independent contractors in the performance of each and every part of this
Agreement. 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, Contractor
and its employees shall make no claim of City employment nor make any claim
against the City for any related employment benefits, social security, retirement
benefits or benefits of any kind that are normally an incident of employment.
Nothing contained herein shall be interpreted as creating a relationship of
servant, employee, partnership or agency between Contractor or any officer,
employee or agent of Contractor and the City.
8. Taxes and Assessments. Contractor shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
assessments, including but not limited to, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against
either party as a result of this Agreement. In the event the City is assessed a tax
or assessment as a result of this Agreement, Contractor shall pay the same
before it becomes due.
9. Compliance With Law. Contractor agrees to perform all services under and
pursuant to this Agreement in full compliance with any and all applicable laws,
rules, and regulations adopted or promulgated by any governmental agency or
regulatory body, whether federal, state, local, or otherwise. Contractor shall
have all applicable and necessary permits, licenses and approvals of any
federal, state, and local government or governmental authority.
10. Federal Requirements And Changes. The Contractor shall at all times comply
with all applicable Federal Transit Administration (FTA) regulations, policies,
procedures and directives, including without limitation those listed directly or
by reference in the Master Agreement (Form FTA MA (6) dated October 1, 2001)
between Yakima Transit and FTA, as they may be amended or promulgated
from time to time during the term of this Agreement. The Contractor's failure to
so comply shall constitute a material breach of this Agreement
11. No Insurance. It is understood the City is not required to and will not maintain
liability insurance for Contractor and/or its officers, employees, agents,
instructors, and/or subcontractors and that such insurance is the sole
responsibility of Contractor.
12. Indemnification and Hold Harmless.
A. Contractor agrees to protect, defend, indemnify, exonerate, and hold
harmless the City, its elected officials, agents, officers, employees from any
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and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits,
and other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) resulting from Contractor's
performance and/or nonperformance of this Agreement.
B. In the event both the Contractor and the City are negligent, the Contractor's
liability for indemnification of the City shall be limited to the contributory
negligence for any resulting suits, actions, claims, liability, damages,
judgments, costs, and expenses (including reasonable attorney's fees) that
can be apportioned to the Contractor, its officers, employees, agents, and/or
subcontractors.
C. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
13. No Obligation by the Federal Government.
A. The City and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or
award of the underling 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 City,
Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
B. 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.
14. Commercial Liability Insurance. Before this Agreement is fully executed by the
parties, the Contractor shall provide the City with a certificate of insurance as
proof of commercial liability insurance with a minimum liability limit of One
Million Dollars ($1,000,000.00) per occurrence combined single limit bodily
injury and property damage, and Two Million Dollars ($2,000,000.00) general
aggregate. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The
policy shall name the City, its elected officials, officers, agents, and employees
as additional insureds, and shall contain a clause that the insurer will not cancel
or change the insurance without first giving the City thirty (30) calendar days
prior written notice (any language in the clause to the effect of 'but failure to
mail such notice shall impose no obligation or liability of any kind upon the
company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington. If the City is
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damaged by the failure of Contractor to maintain the above insurance or to so
notify the City, the Contractor shall bear all costs attributable thereto.
15. Delegation of Professional Services. The services provided for herein shall be
performed by Contractor, and no person other than regular associates or
employees of Contractor shall be engaged upon such work or services except
upon prior written approval of the City.
16. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by Contractor to any other
person or entity without the prior written consent of the City. In the event that
such prior written consent to an assignment is granted, then the assignee shall
assume all duties, obligations, and liabilities of Contractor stated herein.
17. Ethics.
A. Code of Ethics. Contractor agrees to maintain a written code or standards
of conduct that shall govern the performance of its officers, employees,
board members, or agents engaged in the award and administration of
contracts. The code or standards shall provide that the Contractor's officers,
employees, board members, or agents may neither solicit nor accept
gratuities, favors, or anything of monetary value from any present or
potential contractor or subrecipient. Contractor may set minimum rules
where the financial interest is not substantial, or the gift is an unsolicited
item of nominal intrinsic value. These codes or standards shall prohibit the
Contractor's officers, employees, board members, or agents from using their
positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest or personal gain. As
permitted by state or local law or regulations, such code or standards shall
include penalties, sanctions, or other disciplinary actions for violations by
the Contractor's officers, employees, board members, or agents, or by
subcontractors or subreceipients or their agents.
1. Personal Conflict of Interest. Contractor's code or standards shall
prohibit the Contractor's employees, officers, board members, or
agents from participating in the selection, award, or administration
of a contract supported by state funds if a real or apparent conflict of
interest would be involved. Such a conflict would arise when any of
the parties set forth below has a financial or other interest in the firm
or entity selected for award:
a. The employee, officer, board member or agent;
b. Any member of his or her immediate family;
c. His or her partner; or
d. An organization that employs, or is about to employ, any of
the above.
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2. Organizational Conflict of Interest. Contractor's code or standard of
conduct must include procedures for identifying and preventing real
and apparent organizational conflicts of interest. An organizational
conflict of interest exists when the nature of the work to be
performed under a proposed third party contract may, without some
restrictions on future activities, result in an unfair competitive
advantage to the third party contractor or impair its objectivity in
performing the contract work.
18. Program Fraud And False Or Fraudulent Statements And Related Acts
A. The Contractor acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. #3801 et seq. and U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its
actions pertaining to this procurement. Upon execution of this Agreement,
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 this Agreement or the FTA assisted project for which this
Agreement 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, Yakima Transit tement,
submission, or certification, the Federal Government reserves the right to
impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the
Contractor to the extent the Federal Government deems appropriate.
B. The Contractor also acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, Yakima Transit tement, 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 U.S.C. #5307, the Government
reserves the right to impose the penalties of 18 U.S.C. #1001 and 49 U.S.C.
#5307 (n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
C. 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.
19. Federal Privacy Act Requirements. 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 U.S.C. #552(a). 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
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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 this Agreement.
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.
20. Civil Rights. The Contractor shall comply with all applicable civil rights
statutes and implementing regulations including, but not limited to:
A. Nondiscrimination - Title VI of the Civil Rights Act. Contractor agrees to
comply, and assure compliance by each third party contractor at any tier, with
all requirements prohibiting discrimination on the basis of race, color, or
national origin, pursuant to Title VI of the Civil Rights Act of 1964, as amended,
42 U.S.C. 2000d; and USDOT regulations, 'Nondiscrimination in Federally
Assisted Programs of the Department of Transportation -Effectuation of Title
VI of the Civil Rights Act," 49 CFR Part 21.
B. Equal Employment Opportunity. Contractor agrees to comply, and assures
compliance by each third party contractor at any tier, with all requirements of
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and 49
U.S.C. §5332 and any implementing requirements FTA may issue. These equal
employment opportunity (EEO) requirements include, but are not limited to,
the following.
1. Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, sex,
disability, age, or national origin. Contractor agrees to take affirmative
action to ensure that applicants are employed and that employees are
treated during employment, without regard to their race, color, creed,
sec, disability, age, or national origin. Such action shall include, but not
be limited to, 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.
C. Nondiscrimination on the Basis of Sex. Contractor agrees to comply with
all applicable requirements of Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. §11680 et seq.; with U.S. DOT regulations,
"Nondiscrimination on the Basis of Sex in Educational Programs or Activities
Receiving Federal financial Assistance, 49 C.F.R. Part 25; and with any
implementing directives that U.S. DOT or FTA may promulgate, which prohibit
discrimination on the basis of sex.
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D. Nondiscrimination on the basis of Age. Contractor agrees to comply with
applicable requirements of the Age Discrimination Act of 1975, as amended, 42
U.S.C. §§6101 et seq., and implementing regulations, which prohibits
discrimination on the basis of age.
E. Disabilities -Employment. In accordance with section 102 of the Americans
with Disabilities Act, as amended, 42 U.S.C. §12112, 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 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. Disabilities -Access. Contractor
agrees to comply with the requirements 49 U.S.C. § 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. Contractor also agrees to comply with all
applicable requirements of section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. §794, which prohibit discrimination on the basis of
handicap; with the Americans with Disabilities Act of 1990 (ADA), as amended,
42 U.S.C. §12101 et seq., which requires the provision of accessible facilities and
services; and with the Federal regulations, including any amendments thereto
following: U.S. DOT regulations, "Transportation Services for Individuals with
Disabilities (ADA)," 49 C.F.R. Part 37; U.S.DOT regulations,
"Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. 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 C/F/R/ apart 1192 and 49 C.F.R.
Part 38; U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in
State and Local Government Services," 28 C.F.R. Part 35; U.S. DOJ regulations
"Nondiscrimination on the Basis of Disability by Public Accommodations and
in Commercial Facilities," 28 C.F.R. Part 36; Handicapped and Any other
nondiscrimination statute(s) that may apply to the Project.
F. Other Nondiscrimination Statutes. Contractor agrees to comply with all
applicable requirements of any other nondiscrimination statute(s) that may
apply to the Project.
21. Energy Conservation and Environmental Requirements.
A. Energy Conservation. Contractor shall comply with the mandatory
standards and policies relating to energy efficiency standards and policies
within the Washington State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act, 42 U.S.C. §6321 et seq., and any
amendments thereto.
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B. Environmental Protection. Contractor agrees to comply with all applicable
requirements of the National Environmental Policy Act of 1969, as amended, 42
U.S.C. §4321 et seq.
22. Rights In Data And Copyrights/Patents. The Contractor, without exception,
shall indemnify and save harmless Yakima Transit and its employees from
liability of any kind, including cost and expenses for or on account of any
copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of this Agreement, including its use
by Yakima Transit.
If the Contractor uses any design, device, or materials covered by letters,
patents, or copyright, it is mutually agreed and understood without exception
that the proposal prices shall include all royalties or cost arising from the use of
such design, device, or materials in any way involved in the work
23. Accounting Records.
A. Project Accounts. Contractor agrees to establish and maintain for the Project
either a separate set of accounts or separate accounts within the framework of
an established accounting system that can be identified within the contract.
Contractor agrees that all checks, payrolls, invoices, contracts, vouchers, orders,
or other accounting documents pertaining in whole or in part to the contract
shall be clearly identified readily accessible and available to Yakima Transit
and/or City of Yakima upon request, and, to the extent feasible, kept separate
from documents not pertaining to the contract.
B. Documentation of Contract Costs and Income. Contractor agrees to support
all costs charged to the contract, including any approved services contributed
by the Contractor or others, with properly executed payrolls, time records,
invoices, contracts, or vouchers describing in detail the nature and propriety of
the charges. Contractor also agrees to maintain accurate records of all program
income derived from implementing the contract.
24. Access To Records
The Contractor agrees to provide Yakima Transit, the City of Yakima, or any of
their duly authorized representatives access to any books, documents, papers,
and records of the Contractor that are directly pertinent to this Agreement for
the purposes of making audits, examinations, excerpts and transcriptions. The
Contractor agrees, pursuant to 49 CFR 633.17 to provide the FTA Administrator
or his/her authorized representatives including any PMO Contractor access to
Contractor's records and construction sites pertaining to a major capital project,
defined in 49 U.S.C. 5302 (a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309, or 5311. The
Contractor also agrees to permit any of the foregoing parties (at their costs) to
reproduce by any means whatsoever any excerpts and transcriptions as
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reasonably needed, and to permit said parties to interview Contractor's
employees during work hours on the job.
The Contractor agrees to maintain all books, records, accounts and reports
required under this Agreement for a period of not less than three (3) years after
the date of termination or expiration of this Agreement, except in the event of
litigation or settlement of claims arising from the performance of this
Agreement, in which case the Contractor agrees to maintain same until Yakima
Transit, the FTA Administrator, the Secretary of Transportation, the
Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto.
25. Audits, Inspection, and Retention of Records
A. Submission of Proceedings, Contracts, and Other Documents. During the
course of the contract and for six years thereafter, Contractor agrees to retain
intact and to provide any data, documents, reports, records, contracts, and
supporting materials relating to the Contract as the City of Yakima may
require and contract 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 Contractors obligations hereunder shall be extended until the
conclusion of that pending audit, enforcement, or litigation process.
B. General Audit Requirements. Contractor agrees to obtain any other audits
required by the City of Yakima. Contract closeout will not alter the
Contractor's audit responsibilities.
C. Inspection. Contractor agrees to permit the City of Yakima, the State
Auditor, or their authorized representatives, to inspect all Contract work
materials, payrolls, and other data, and to audit the books, records, and
accounts of the Contractor and its contractors pertaining to the Project.
Contractor agrees to require each third party to permit the City of Yakima,
and the State Auditor or their duly authorized representatives, to inspect all
work, materials, payrolls, and other data and records involving that third
party contract, and to audit the books, records, and accounts involving that
third party contract as it affects the Contract.
26. Recycled Products/Recovered Materials. The Contractor agrees to comply with
all the requirements of Section 6002 of the Resource Conservation and Recovery
Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the
regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they
apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
27. Drug and Alcohol Testing. The contactor agrees to participate in Yakima
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Transit's drug and alcohol program established in compliance with 49 CFR 653
and 654,
28. Labor Provisions - Nonconstruction Contracts
A. Overtime Requirements. No Contractor or subcontractor contracting for any
part of the work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic in any
work week in which they are employed on such work to work in excess of
eight hours in any calendar day or in excess of forty hours in such work
week 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 eight hours in any calendar day or in excess of forty hours in such
work week, whichever is greater.
B. Liability for Unpaid Wages and Liquidated Damages. In the event of any
violation of the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5,
the Contractor and any subcontractor responsible therefore shall be liable for
the unpaid wages and applicable liquidated damages. 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 subparagraph (b)(1) of 29 CFR Section 5.5 in the sum of
$10 each for each calendar day on which such individual was required or
permitted to work in excess of eight hours or in excess of the standard work
week of forty hours without payment of the overtime wages required by the
clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5.
C. Withholding for Unpaid Wages and Liquidated Damages. The U.S.
Department of Transportation (DOT) or Yakima Transit shall, upon its own
action or upon written request of an authorized representative of the DOT,
withhold or cause to be withheld, from any monies payable on account of
work performed by the Contractor or subcontractor under this Agreement 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 subparagraph (b)(2) of 29 CFR Section 5.5.
D. Nonconstruction Grants. The Contractor or subcontractor shall maintain
payrolls and basic payroll records during the course of the work and shall
preserve them for a period of three years from the completion of this
Agreement for all laborers and mechanics, including guards and watchmen,
working on this Agreement. Such records shall contain the name and
address of each such employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly number of
hours worked, deductions made, and actual wages paid.
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E. Subcontracts. The Contractor or subcontractor shall insert in any
subcontract the clauses set forth in subparagraphs A through E of this
section, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The Contractor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in subparagraphs A through E of this section.
29. Transit Employee Protective Provisions. (1) The Contractor agrees to comply
with applicable transit employee protective requirements as follows:
A. General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to
carry out the transit operations work on the underlying contract in
compliance with terms and conditions determined by the U.S. Secretary of
Labor to be fair and equitable to protect the interests of employees
employed under this contract and to meet the employee protective
requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are
identified in the letter of certification form the U.S. DOL to FTA applicable
to the FTA Recipient's project from which Federal assistance is provided to
support work on the underlying contract. The Contractor agrees to carry
out that work in compliance with the conditions stated in that U.S. DOL
letter. The requirements of this subsection (1), however, do not apply to any
contract financed with Federal assistance provided by FTA either for
projects for elderly individuals and individuals with disabilities authorized
by 49 U.S.C. § 5310 (a)(2), or for projects for nonurbanized areas authorized
by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in
subsections (b) and (c) of this clause.
B. Transit Employee Protective Requirements for Projects Authorized by 49
U.S.C. § 5310 (a)(2) for Elderly Individuals and Individuals with Disabilities
- If the contract involves transit operations financed in whole or in part
with Federal assistance authorized by 49 U.S.C. § 5310 (a)(2), and if the U.S.
Secretary of Transportation has determined or determines in the future that
the employee protective requirements of 49 U.S.C. § 5333 (b) are necessary
or appropriate for the state and the public body subrecipient for which work
is performed on the underlying contract, the Contractor agrees to carry out
the Project in compliance with the terms and conditions determined by the
U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S.
DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These
terms and conditions are identified in the U.S. DOL's letter of certification to
FTA, the date of which is set fourth Grant Agreement or Cooperative
Agreement with the state. The Contractor agrees to perform transit
operations in connection with the underlying contract in compliance with
the conditions stated in that U.S. DOL letter.
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C. Transit Employee Protective Requirements for Projects Authorized by 49
U.S.C. § 5311 in Nonurbanized Areas — If the contract involves transit
operations financed in whole or in part with Federal assistance authorized
by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and
conditions of the Special Warranty for the Nonurbanized Area Program
agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31,
1979, and the procedures implemented by U.S. DOL or any revision thereto.
30. Disadvantaged Business Enterprise (DBE).
A. Policy: It is the policy of the Department of Transportation and Yakima
Transit that Disadvantaged Business Enterprises, as defined in 49 CFR, Part
26, shall have equal access to participation in the performance of contracts
financed in whole or part with Federal funds under this Agreement.
B. DBE Obligations: The Contractor and its subcontractors agree to make good
faith efforts to ensure that disadvantaged businesses have an equal
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, the Contractor shall make a good faith effort to
ensure that disadvantaged businesses have an equal opportunity to compete
for and perform contracts.
C. The Contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Agreement. The
Contractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of DOT assisted contracts. Failure by the
Contractor to carry out these requirements and the requirements of this
section (paragraph 1.21) is a material breach of this Agreement, which may
result in the termination of this Agreement or such other remedy as the
recipient deems appropriate.
D. DBE Liaison: Yakima Transit has designated a DBE Liaison to assist
disadvantaged business enterprises and has the authority to administer
Yakima Transit's DBE program and to certify small business concerns as
eligible to participate in Yakima Transit projects as a DBE. Inquiries and
requests concerning Yakima Transit's DBE program and information for
certification by the Yakima Transit shall be directed to:
Sue Ownby, DBE Liaison
City of Yakima
129 No. 2nd St.
Yakima, WA 98901 (509) 576-6695
sownby@ci.yakima.wa.us.
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E. DBE Delegation and Assignment: If a DBE subcontractor is unable to
perform the work contracted for, the prime contractor must either replace
the subcontractor with another DBE or show Yakima Transit that good faith
efforts to do so have been made. Failure by the prime contractor to comply
may result in monetary penalties and partial or total termination for default
with resolicitation costs to the prime contractor or its bond.
F. Contractor Reporting Requirements: Yakima Transit shall use the Prime
contractor's commitment to DBE subcontractor participation submitted with
its bids as the prime contractor's goal for this Agreement. However, the
prime contractor shall not be credited with DBE participation until actual
payment has been made to the DBE subcontractors involved. Therefore,
contractors shall be required to submit with each payment request the
amounts earned by DBE subcontractors and to be paid to DBE
subcontractors upon Yakima Transit's progress payment. In addition, prime
contractors shall be required to submit verification of receipt of previous
payments by DBE subcontractors. Upon receipt of payment verification,
prime contractors shall receive credit against their goal. Yakima Transit will
require prime contractors to maintain records and documents of payments
to DBE's for three years following the performance of this Agreement.
These records will be made available for inspection upon request by any
authorized representative of Yakima Transit or DOT. This reporting
requirement also extends to any certified DBE subcontractor.
Yakima Transit will keep a record of payments to DBE firms for work
committed to them at the time of the award of this Agreement. Yakima
Transit may also perform audits of payments to DBEs for work performed
pursuant to this Agreement. The audit will review payments to DBE
subcontractors to ensure that the actual amount paid to DBE subcontractors
equals or exceeds the dollar amounts stated in the schedule of DBE
participation.
The Contractor agrees to use his/her best efforts to carry out a policy in the
award of subcontracts, agent agreements, and procurement contracts that
will, to the fullest extent, utilize disadvantaged business enterprises
consistent with the efficient performance of this Agreement.
31. Incorporation of FTA Terms. The preceding provisions include, in part, certain
standard Terms and Conditions required by DOT. All the contractual
provisions required by DOT, as set forth in FTA Circular 4220.1E, dated June 19,
2003, as amended, 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.
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32. Property Rights. All records or papers of any sort relating to the City and to
the project will at all times be the property of the City and shall be surrendered
to the City upon demand. All information concerning the City and said project,
which is not otherwise a matter of public record or required by law to be made
public, is confidential, and the Contractor will not, in whole or part, now or at
any time disclose that information without the express written consent of the
City.
33. Contract Documents. This Agreement, Scope of Work, conditions, addenda
and modifications and the Contractor's proposal (to the extent consistent with
Yakima Transit's documents) constitute the Contract Documents and are
complementary. Specific federal and State laws and the terms of this
Agreement, in that order respectively, supersede other inconsistent provisions.
These Contract Documents are on file in the Office of the Purchasing Manager,
129 No. 2^d St., Yakima, Washington, 98901, and are hereby incorporated by
reference into this Agreement
34. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of
this Agreement 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 Agreement did
not contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that 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.
35. Non -Waiver. The waiver by Contractor or the City of the breach of any
provision of this Agreement by the other party shall not operate or be construed as a
waiver of any subsequent breach by either party or prevent either party thereafter from
enforcing any such provision.
36. Termination.
A. Termination for Convenience. Yakima Transit may terminate this
Agreement, in whole or in part, at any time by written notice to the
Contractor. The Contractor shall be paid its costs, in accordance with the
terms of this Agreement, up to the time of termination. The Contractor shall
promptly submit its termination claim to the City of Yakima Purchasing
Manager for final payment to the Contractor. If the Contractor has any
property in its possession belonging to Yakima Transit, the Contractor will
account for the same, and return it to Yakima Transit or dispose of it in the
manner Yakima Transit directs.
15
B. Termination for Default, Breach or Cause. If the Contractor fails to perform
in the manner called for in this Agreement, or if the Contractor fails to
comply with any other provisions of this Agreement, Yakima Transit may
terminate this Agreement 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
Agreement price for goods delivered and accepted, or services performed in
accordance with the manner of performance set forth in this Agreement
subject to setoff for damages caused to Yakima Transit. If it is later
determined by Yakima Transit that the Contractor had an excusable reason
for not performing, such as a strike, fire, flood, or events which are not the
fault of or are beyond the control of the Contractor, Yakima Transit, after
setting up a new performance or delivery schedule, may allow the
Contractor to continue work, or treat the termination as a termination for
convenience.
C. Opportunity to Cure. Yakima Transit in its sole discretion may, in the case
of termination for breach or default, allow the Contractor an appropriate
period of time, as determined by Yakima Transit, in which to cure the defect
of goods or service. In such case, the notice of termination will state the
nature of the breach or default, the time period in which cure is permitted
and other appropriate conditions. If the Contractor fails to remedy to
Yakima Transit's satisfaction the breach or default of any of the terms,
covenants, or conditions of this Agreement within the stated period of time
for remedy, Yakima Transit shall have the right to terminate this Agreement
without any further obligation to the Contractor. Any such termination for
default shall not in any way operate to preclude Yakima Transit from also
pursuing all available legal remedies against the Contractor and its sureties
for said breach or default.
D. Waiver of Remedies for any Breach. In the event that Yakima Transit elects
to waive its remedies for any breach by the Contractor of any covenant, term
or condition of this Agreement, such waiver by Yakima Transit shall not
limit Yakima Transit's legal remedies for any succeeding breach of that or of
any other term, covenant, or condition of this Agreement.
37. 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:
TO CONTRACTOR:
Sue Ownby, Purchasing Manager
City of Yakima Purchasing
129 No. 2nd St.
Yakima, WA 98901
16
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.
38. Survival. Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration
of this agreement and shall be binding on the parties to this Agreement.
39. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
40. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
41. Authority. The person executing this Agreement on behalf of Contractor
represents and warrants that he/she has been fully authorized by Contractor to
execute this Agreement on its behalf and to legally bind Contractor to all the
terms, performances and provisions of this Agreement.
CITY OF YAKIMA
By:
Dick Zais, ity Manager
Date: 1/ Z a.3'
ATTEST:
Title: L67
Date: ///7A.
By: Ah a_,,.� .,$ Date: //-
Karen Roberts,
City Clerk
CITY CONTRAC r N0:
RESOLUTION P40:
17
CONTRACT NO.
EXHIBIT "A"
SCOPE OF SERVICES:
Yakima Transit is seeking medical services consultation (in person or by phone) in a variety of areas and
forms to supplement ADA Paratransit eligibility application processing on an "as needed" basis. Services
shall include, but are not limited to the following:
A. Respond to referrals of new and existing Paratransit applicants to assess and acquire required medical
information.
B. Provide phone and/or in person medical consultation/evaluation services needed to complete
application processing and/or appeals. Evaluation shall be timely; ADA regulations specify that the
entire eligibility determination process shall be conduded within twenty-one (21) days of the receipt of
a properly completed application. Yakima Transit estimates referral of approximately five (5) persons
each month for such evaluations. Yakima Transit will not be obligated nor restricted to any specific
quantities.
C. Act as liaison with appropriate medical service personnel to acquire complete and thorough
information on ADA Paratransit applications.
D. Provide dear, documented findings and recommendations as to unconditional, conditional, or non -
eligible assessments consistent with the ADA and U.S. Department of Transportation Americans with
Disabilities Act Paratransit Eligibility Manual Final Report (Sept. 1993).
E. Within seven (7) calendar days of referral by Yakima Transit, Contractor shall conduct necessary
evaluations and make written recommendations of ADA Paratransit eligibility.
F. Identify and recommend individuals who are appropriate candidates for participation in a Travel -
Training program.
G. Provide consulting services in regard to establishing appropriate levels of conditional eligibility.
H. Provide written assessments on environmental barriers to supplement application processing.
I. May provide outreach services to educate medical professionals and care givers as to what makes a
person eligible for Paratransit services, and appropriate use of regular fixed route transportation.
J.
Contractor shall be available by telephone during normal business hours to answer questions from
Transit staff regarding any eligibility recommendations, medical information, eligibility standards or
other information as needed.
K. Submit within 15 days of the close of each calendar month an itemized statement of services and
charges. Invoices to include clearly delineated summary sheets, tasks and time breakdown of charges
by client.
The City of Yakima Transit Division shall:
A. Distribute and collect completed Dial -A -Ride applications from clients. Review all applications
received for completeness and compliance with eligibility standards paratransit service.
B. Forward applications received to Contractor when Transit staff are unable to make dear
determination of eligibility, due to lack of medical knowledge, need for specific information about
illnesses or conditions, incomplete information provided by medical providers, environmental
barriers or other problems. Applications will be sent by secure Fax or other agreed upon, rapid
delivery system to Contractor for review and recommendation of eligibility.
C. Following receipt of recommendation on eligibility from Contractor, Transit staff will review the
recommendation and approve or modify as required by existing conditions and service limitations
or barriers. Transit staff will complete the application process and notify the client of eligibility
status.
D. Pay Contractor for services provided within thirty (30) days of receiving invoice for service
rendered.
PAYMENT FOR SERVICES:
As consideration for the services performed pursuant to this Agreement, The City agrees to
compensate Contractor as follows:
$50 per hour 48.5 It mileage rate.
The total sum of this Agreement shall not exceed $4000.00.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: November 1, 2005
ITEM TITLE: A Resolution authorizing a Dial -A Ride Eligibility Consultant
Services Contract with Provident Services
SUBMTiTED BY: Chris Waarvick, Director of Public Works
Ken Mehin, Transit Manager
CONTACT PERSON/TELEPHONE: Ken Mehin / 576-6415
SUMMARY EXPLANATION:
Submitted for Council consideration is a resolution authorizing a contract with
Provident Services to assist Transit staff with application processing for Dial -A -Ride
eligibility. These services would be on an as -needed basis to ensure clients eligible for
Dial -A -Ride are qualified for such services and to what degree they are eligible.
Specifics are outlined in "Exhibit A" Scope of Services included in the contract.
The total sum of this agreement shall not exceed $4,000.
Resolution X Ordinance Other: Dial -A -Ride Eligibility Consultant Services Contract
Contract Mail to (name and address): Phone:
Funding Source: ADA Special Needs Transportation Grant —$4,000
APPROVED FOR SUBMITTAL: ���� �� City Manager
STAFF RECOMMENDATION: Staff respectfully requests Council to adopt the
resolution authorizing execution of the Dial -A -Ride Eligibility Consultant Services
Contract with Provident Services.
BOARD/COMMISSION RECOMMENDATION: The Council Transit Committee
endorses the Special Needs Transportation Services program and recommends that
the City Council adopt the resolution authorizing execution of the Dial -A -Ride
Eligibility Consultant Services Contract with Provident Services.
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2005-165