HomeMy WebLinkAbout06/07/2011 20 Paratransit Eligibility Services Contract with Betty Ann Cohen, MD BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ZD
For Meeting of: June 7, 2011
ITEM TITLE: Consideration of a resolution' authorizing the City Manager to enter into a
contract with Betty Ann Cohen, MD for paratransit eligibility services.
SUBMITTED BY: Chris Waarvick, Public Works Director, 576 -6411
CONTACT PERSON: Ken Mehin, Transit Manager, 576 -6415
SUMMARY EXPLANATION: Yakima Transit is required under 49.CFR 37.121 to provide
complementary paratransit services when any entity provides fixed -route public transportation
services. Guidelines are set by the U.S. Department of Transportation on who qualifies for
complementary paratransit services. In order to make the appropriate determination, medical
expertise is sometimes necessary.
Yakima Transit has found a medical professional who is qualified to provide a determination of
paratransit eligibility. A copy of the proposed contract is attached for reference.
• Resolution X Ordinance Contract X Other (Specify)
Funding Source Transit Operating Fund
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the resolution authorizing the City Manager to enter into a
contract for paratransit eligibility services
BOARD RECOMMENDATION:
COUNCIL ACTION:
• Resolution No. R -2011-
A RESOLUTION adopting a resolution authorizing the City Manager to enter into a contract
for paratransit eligibility services.
WHEREAS, Yakima Transit is required, under 49 CFR 37.121, to provide complementary
paratransit services as a result of Yakima Transit being a public entity that provides designated
public transportation services providing transportation services (49 CFR 37.21);
WHEREAS, the United States Department of Transportation has set guidelines in helping to
determine which individuals are eligible for ADA paratransit services. Those guidelines state
that the following individuals are eligible for ADA paratransit services:
1) Any individual with a disability who is unable, as the result of a physical or mental
impairment (including a vision impairment), and without the assistance of another individual
(except the operator of a wheelchair lift or other boarding assistance device), to board, ride,
or disembark from any vehicle on the system which is readily accessible to and usable
individuals with disabilities
2) Any individual with a disability who needs the assistance of a wheelchair lift or other
boarding assistance device and is able, with such assistance, to board, ride and disembark
from any vehicle which is readily accessible to and usable by individuals with disabilities if
the individual wants to travel on a route on the system during the hours of operation of the
system at a time, or within a reasonable period of such time, when such a vehicle is not
• being used to provide designated public transportation on the route
3) Any individual with a disability who has a specific impairment- related condition which
prevents such individual from traveling to a boarding location or from a disembarking
location on such system;
WHEREAS, in making a determination of eligibility, medical expertise is sometimes
necessary to assist staff in making the appropriate determination to include or exclude
applicants for paratransit services; and,
WHEREAS, it is in the City's best interest to contract for paratransit eligibility services;
NOW, THEREFORE, BE IT RESOLVE BY THE CITY COUNCIL OF THE CITY OF
YAKIMA, the City Manager is hereby authorized to enter into the attached contract for
paratransit eligibility services, as of the date of this resolution's enactment by the City of
Yakima, City Council.
ADOPTED BY THE CITY COUNCIL at a regular meeting this 7th day of June, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
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® YAKIINIA TRANSIT
- 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 Betty Ann Cohen, M.D. doing business as The
Healthy Worker and Northwest Work options, (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 December 31,
2011, unless terminated earlier by either party in accordance with Section 32 of this
Agreement.
III 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 - Scope of Work."
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 $_$80.00 per
hour, to be billed one unit every six (6) minutes of work per hour, plus travel time at a
rate of $40.00 per hour and the Federal rate for mileage. For clients needing Functional
Assessments a rate of $100.00 per Assessment will be billed by Northwest , Work
Options. This will also include $40.00 per hour travel time with the Federal rate for
mireigg - e — 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.
B. 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 show the number of hours spent and services rendered in performance of the -.
contract.
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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.
C. Source of Funds. The source of funds for this Agreement is through the City of Yakima,
-_ -- Transi... _.... -.- _..__ _ - -- .. _- _ _ ..
D. Payment in the Event of Termination. In the event that either party terminates this
Agreement pursuant to Section 32, 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.
E. 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..
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
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® 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_.pr_omulgated by any._governmental agency or regulatory. whether. _e_• ,. -.. - ...._
slate; io calmer otherwise— Contractor - strait 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 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.
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14. Commercial Liability Insurance. Before this Agreement is fully executed by the parties,
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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 •rov' _e _
the coverage amount, the - policy number, and-TAeh -the policy 'arid :rovisions are
in effet -Said policy shill in e ect 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 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. Code of Ethics. Contractor agrees to maintain tarn 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_o_r_standar_ds_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.
A. 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:
1. The employee, officer, board member or agent;
2. Any member of his or her immediate family;
3. His or her partner; or
4. An organization that employs, or is about to employ, any of the above.
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• B. 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"coritract 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 at 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.
B. 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 U.S.C. _ _
Part 53, the Government reserves the right to impose the penalties under. 18 USC §
1001 "Fraud and. False Statements" and the Program Fraud Civil Remedies Act of 1986
(31 USC §§ 3801 -3812) 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 USC § 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 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 - 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
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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:
1- Race, Colo:;LCreed,_NationaLOrigin,Sex - in accoxdanca_with_]]t[e VlLaf_theCivil
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 C.F.R. Parts 60 et 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 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. Acme - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 USC §§ 623 and Federal transit law at 49 USC § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
3. Disabilities - In accordance with Section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 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.
4. The Contractor also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by FTA, modified only if
necessary to identify the affected parties.
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 USC § 6321 et seq., and any amendments thereto.
B. Environmental Protection. Contractor agrees to comply with all applicable requirements
of the National Environmental Policy Act of 1969, as amended, 42 USC §4321 et seq.
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0 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 patents, oi
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
e l contract.
24. Access To Records
A. 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 USC 5302(a)(1), which is receiving
federal financial assistance through the programs described at 49 USC §§ 5307, 5309,
or _53i1Ihe_Contracto._ also_agreesJo permit -aay_of hejoregoing_parties-(at_their
costs) to reproduce by any means whatsoever any excerpts and transcriptions as
reasonably needed, and to permit said parties to interview Contractor's employees
during work hours on the job.
B. 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.
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25. Audits. Inspection, and Retention of Records
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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 Corfu ars =t .... , .. - i - . ay - require contract closeout- does - not -alter -
these recording - and - record = keeping - requirements — Should -an- audit,- enfor-eement, 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 Contra ctor'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 at _ _
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 USC 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. 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.
28. 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.
29. 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
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• Purchasing Manager, 129 N. 2nd St., Yakima, Washington, 98901, and are hereby
incorporated by reference into this Agreement
30. Severability.
- A.__I# -a -court of- competeraturisdictien- holds -any- gar term,or- pwision- of- this-Agree. ent -eta
be- illegal,_or _invalid _ic_whole- or_ir_pait,- the_valiidity f_ he_remaining_pr_ovisions_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.
31. 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.
32. 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.
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
110 obligation to the Contractor. Any such termination for default shall not in any way
9
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
'. • -: -'- ;- . .. ! - • - - _ - -Transit Yakima - Transit's -legal
remedies- for - any - succeeding breach - of- that- or- of -any- other-terrn- eovenant;-or- condition
of this Agreement.
33. 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: TO CONTRACTOR:
Ken Mehin, Transit Manager Betty A. Cohen, MD Jon Harrison
Yakima Transit The Healthy Worker Northwest Work Option
3201 Fruitvale Blvd. 210 S 11th Ave # 44 210 So 11 Ave #41
Yakima, WA 98901 Yakima, WA 98902 Yakima, WA 98902
or to such other addresses as the parties may hereafter designate in writing. Notices and /or
• demands shall be sent by registered �r certified mail, postage - prepaid or hand delivered. - -
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified above.
34. 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.
35. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
36. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
37. 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.
- - C-IT- Y- OF- Y -AKIMA CONTRACTOR -
By. Dick Zais, City Manager Br. if
A. Cohen MD, Owner
Date: Date: (1.51.-?5/(990 1 1
CONTRACTOR •
By:
Jon ison, Owner
ATTEST
By: Date: 6-3 Jt.'
Deborah Kloster, City Clerk
10
•
CO NTRACT NO.
EXHIBIT "A "
•
SCOPEOFSERVIC
Yakima Transit is in need of 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 provided 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 when such determinations of Dial -A -Ride Paratransit
eligibility is unable to be determined by Transit staff or when additional information is
necessary to make an informed determination of eligibility.
B. Provide phone and/or in person Dial -A -Ride client medical consultation /evaluation services .
needed to complete Dial -A -Ride application processing and /or appeals. Such evaluations
may be conducted on the telephone, in- person in the medical office or a t the client's
residence, depending on the_client and situations encountered.
C. Evaluation shall . be timely; ADA regulations specify that the entire eligibility determination
process shall be concluded within twenty -one (21) days of the receipt of a properly
completed application. Yakima Transit estimates referrals of approximately five (5)
persons each month for such evaluations. Yakima Transit will not be obligated nor
411 restricted to any specific quantities.
D. Act as liaison with appropriate medical service personnel to acquire complete and
thorough information on ADA Paratransit client applications.
•
E. Provide clear, 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).
F. Within seven (7) calendar days of referral by Yakima Transit, Contractor shall conduct
necessary evaluations and make written recommendations of ADA client medical
conditions and subsequent Paratransit eligibility.
G. Identify and recommend individuals who would be appropriate candidates for participation
in a Yakima Transit Bus Travel Training program which would assist them in being able to
utilize regular fixed -route bus service for some or all of their travel needs.
H. Provide consulting services in regard to establishing appropriate levels of conditional
eligibility.
I. Provide written assessments on environmental barriers to supplement application
processing.
•
J. May provide outreach services to educate medical professionals and caregivers as to what
makes a person eligible for Paratransit services, and appropriate use of regular fixed -route
transportation.
•
K. Contractor shall be available by telephone during normal business hours to answer
questions from Transit staff regarding any eligibility recommendations, medical .4)
information, eligibility standards or other information as needed.
L. Submit within 15 days of the close of each calendar month an itemized statement of
sesvire drhargeS _ invoices to includ ... • -_' __ - • .. - - .heels; tasl�s� •.
time
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 clear .
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:
A. $80.00 per hour to be billed one unit every six (6) minutes of work, $40.00 per hour travel
time along with the current Federal mileage rate.
B. For Functional Assessments, $100.00 per assessment with $40.00 per hour travel time
and the current Federal mileage rate, if applicable.
C. The total - sum of Agreement shall - n - ot exce $25;000 00.
•
FROM: TO:8857344 05/24/2011 10:46:24 #1663 P.002/002
Commercial Certificate of Insurance / ' � , `'L - F A R M E R S
Of Agency • Sharon Dwinell Ins Agy
4 Name 2800 Terrace Heights Dr issue Date (MM/DDIYY) 1 i & • Yakima, WA 98901 -140H [4/2�l
_- -_ !
j
_
Address • 509- 248 -5606 This certificate is Issued as a matter of information only and confers no rights
— _— _---- __--- -__. -- _ --___.----- -----.---- - - = --- - -_ .__-- ►1p0�r! [tie�'C.tscertiica. ocsaaotamen• _extend .or atert
79 1 b 348 cover age - afforded -by - the - polities- shown - below. -
St. Dist. Agent •
Companies Providing Coverage:
Insured . COHFN, BETTY ANN, NfAWO, FIAMO company A Truck insurance F?xehangr
Name • COHEN OCCUP.MEDIC[NE LLC mtpany B Farmers Insurance Exchange
& 210 S I ITH AVE SUITF.44
Company C Mid - Century Insurance Company
Address • YAKIMA, WA 98902 : better
• I Letter y t
• __ ..... - -.. _.._ —.._. .. ...._.. —._...
Coverages
I 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' 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.
Co, Policy Effective Policy Expiration
Lin. ,Type of Insurance _ _ _Policy Number Date Nik,tmnnY) - -� Dare- (fvtwtnmir>7 : Policy Limits . — _...._
A l I General Liability - 16459 enral Aggregate $ Y 3 2 ions/2010 - 10 /25/2011
Pd 4,000,000
I Products- Comp/OPS
X , Commercial General •
Liability i Aggregate , $ 2,000,000
X- Occurrence Version - i - i Advertising lgjury I $ 2,000,000
11
Contractual - incidental l • - l ! Each Occurrence { $ 2,000,000
Only i • I I I Fire Damage
(Any one firs I $ 75 000
Owners & Contractors Prot.
Medical Expense
• I I (Any one person) S 5,000
Automobile Liability _ _ _ Combined Single
All Owned Commercial I Limit ! g
Autos
j '
i l I Bodily Injury 1 j
j I
Scheduled Autos ! i (Pa person) $
Hired Autos 1 i Bodily oily Inj � $
Non - Owned Autos I 1
Garage Liability Property Damage $
C.arage Aggregate $
• i j ... .L — - --i • !
j I Umbrella Liability i i ! Limit ._ __~ i g
�_... -__ —t _ ._ . - . ___:. _ _.. .
Workers' Compensation Statutory
l I and I ! Each Accident i $
' i I Employers' Liability I I I D,,mace- Policy imii i $ Disease -
Description of Operations chicies/RostrictIons/Special items:
Additional insured: CiTY OF YAKIMA, IT'S ELECTED OFFICIALS. OFFICERS, AGENTS, AND EMPLOYEES.
Farmers Insurance will not cancel this policy without first giving the City of Yakima a 30day written notice of cancellation.
Certificate Holder Cancellation - �� _
. CITY OF YAKIMA Should any of the above described policies be cancelled before the expiration date
Name . PUBLIC WORKS thereof, the issuing company will endeavor to. mail 30 days written notice to the
I I & • 2301 FRUiTVALB BLVD: certificate holder named to the left, but failure to mall such notice shall impose no
. Address • YAKIMA, WA 98902 . i . tion or liability of any kind upon the company, Its agents or representatives.
. � -
t i 1! i.ii1 a t 'Ail.
0 .
TN Authorized Representative r
66 2402 4 n Copy Distribution: Service Center Copy and Agents Copy * ' _. -._ H 1.I1 •
•
■