HomeMy WebLinkAboutR-1995-151 People for People, Inc.RESOLUTION NO. R-95 151
A RESOLUTION authorizing the City Manager and City Clerk to execute an
agreement with the People for People, Inc. extending a
contract for transportation brokerage services through
June 30, 1996.
WHEREAS, the City of Yakima is currently providing public transportation
services to Yakima citizens with disabilities through a paratransit program known as
Dial -A -Ride, and
WHEREAS, the City of Yakima is currently providing Dial -A Ride services by
contract through People for People, Inc.; and
WHEREAS, the current contract relationship is based on a written agreement
which was adopted by Resolution No. R-95-72; and
WHEREAS, through its experience providing Dial -A -Ride service, People for
People, Inc. has proposed an alternative service delivery demonstration project
which may establish new means of reducing the City's costs of providing public
transportation services to Yakima citizens with disabilities; and
WHEREAS, the City Council Transit Committee has reviewed and approved the
alternative service delivery demonstration project proposed to be conducted by
People for People, Inc., and has recommended that the demonstration project be
conducted under an extension of the existing written agreement; and
WHEREAS, City Council considers that extension of the current agreement with
People for People, Inc. through June 30, 1996, according to the terms of the attached
Dial -A -Ride Transportation Brokerage Service Agreement is in the best interest of
the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
the attached Dial -A -Ride Transportation Brokerage Service Agreement the City of
Yakima and People for People, Inc.
ADOPTED BY THE CITY COUNCIL this _th day of November, 1995.
i
ATTEST: Mayor
/44L_) G --i-c_-
City Clerk
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Resolution re: Dial -a -Ride
Transportation Brokerage Services — Page 1
DIAL-A-RIDE TRANSPORTATION
BROKERAGE SERVICE AGREEMENT
THIS AGREEMENT is entered into this N day of `F'� `, Fi , 1995,
by and between the City of Yakima, Washington, hereinafter called "the City,"
through the Department of Public Works, Transit Division, 2301 Fruitvale Blvd.,
Yakima, Washington 98901, and People For People, Inc., a Washington non-profit
corporation, hereinafter called the "Contractor."
1. Purpose of Agreement. The purpose of this Agreement is to provide transporta-
tion services within the corporate limits of the City of Yakima to persons who, un-
der the Americans with Disabilities Act, are considered disabled.
2. Scope of Services. Contractor shall, on behalf of the City, provide dispatch and
transportation services and broker other subcontractors to provide such
transportation services to persons who, under the Americans with Disabilities Act,
are considered disabled.
3. Term of Agreement -- Termination. This Agreement shall become effective on
its approval by resolution of the Yakima City Council, and shall terminate on June
30, 1996. Provided, that either party may at any time during the term of this
Agreement, terminate this Agreement by giving thirty (30) days notice in writing to
the other party of its intention to terminate. All notices to the City shall be ad-
dressed to the City of Yakima, Attention: Transit Manager, Public Works Complex,
2301 Fruitvale Blvd., Yakima, Washington 98901. Notice to the Contractor shall be
addressed to: P.O. Box 1665, Yakima, Washington 98907.
4. Service Area. The Contractor agrees to provide service under this Agreement to
those who have prequalified under procedures established by the City within the
limits of the City of Yakima or within three-quarters of one mile of a Yakima
Transit bus route regardless of City boundaries.
5. Payment. The City agrees to pay the Contractor a fee for services calculated and
invoiced as follows:
A. The direct billing by transportation subcontractors to the Contractor for
services provided under this Agreement, e.g. transportation services, which
shall include a minimum per ride fee, plus
B. An administrative and dispatch fee will be charged on a direct, actual cost
basis, which fee shall not exceed Twenty Thousand Dollars ($20,000.00) for the
first ninety (90) days of this Agreement, and which fee shall not exceed an
amount to be determined by contract addendum for the balance of the term of
this Agreement, plus
C. Contractor's actual costs for providing transportation services. Contractor
shall submit an itemized list of all subcontractor expenses to the City for pay-
ment under the above format, and Contractor will in turn pay subcontractors.
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6. Invoicing. On or before the 10th day of each month, the Contractor shall
invoice the City's Transit Manager for the services of the previous month as
calculated above. The City shall pay within thirty (30) days. Any charge disputed by
the City shall be separated from the invoice and the undisputed portion shall be
paid. Both parties shall meet and resolve disputed charges within thirty (30) days af-
ter the invoice.
7. Extent of Agreement. This Agreement contains all the terms and conditions
agreed upon by the parties. No other understandings, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist or to bind any of the
parties hereto.
8. Insurance. The Contractor shall maintain for the duration of the contract
commercial general liability insurance and automobile liability insurance with a
combined single limit of $1,000,000 each. The policy must provide for thirty (30) day
cancellation notice to the City if canceled or altered by either party. A certificate of
such insurance shall be provided to the City's Transit Manager at the time of the
execution of this Agreement and shall name the City, its officers, agents, and em-
ployees as additional insureds.
The Contractor shall assure that all its subcontractors maintain commercial general
liability insurance and automobile liability insurance with a combined single limit
not less than $300,000 each. The policy must provide for thirty (30) day cancellation
notice to the City if canceled or altered by either party. A certificate of such
insurance shall be provided to the Contractor at the time of execution of this
Agreement and shall name the City, its officers, agents, and employees as additional
insureds.
9. Non -Discrimination in Contracted Activities. The Contractor shall not, on the
grounds of race, creed, color, religion, national origin, marital status, age or the
presence of any sensory, mental or physical disability:
A. Deny any individual any contracted activities or other benefits consistent
with the terms of this Agreement;
B. Provide any contracted activities or other benefits to an individual which
are different, or are provided in a different manner, from those provided to oth-
ers under this Agreement;
C. Subject an individual to segregation or separate treatment in any manner
related to his receipt of any contracted activities or other benefits provided un-
der this Agreement;
D. Deny any individual an opportunity to participate in any program provided
by this Agreement through the provision of contracted activities or otherwise,
or afford him an opportunity to do so which is different from that afforded oth-
ers under this Agreement.
E. Utilize criteria or methods of administration which have the effect of sub-
jecting individuals to discrimination because of their race, creed, color, religion,
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national origin, sex, marital status, age, or the presence of any sensory, mental or
physical handicap or have the effect of defeating or substantially impairing ac-
complishment of the objectives of this Agreement in respect to individuals of a
particular race, creed, color, religion, national origin, sex, marital status, age, or
the presence of any sensory, mental or physical handicap in determining, (a) the
types of contracted activities or other benefits to be provided, or (b) the class of
individuals to whom, or the situation in which, such contracted activities or
other benefits will be provided, or (c) the class of individuals to be afforded an
opportunity to participate in any contracted activities or other benefits.
10. Safeguarding of Information. The use or disclosure by the Contractor of any
confidential information concerning a participant, recipient, or client for any pur-
pose, with respect to contracted activities provided under this Agreement, is
prohibited except on written consent of the participant, recipient, or client, his/her
attorney or his/her responsible parent or guardian, or as otherwise provided by law.
11. Hold Harmless. All contracted activities to be rendered or performed under this
Agreement shall be performed or rendered entirely at the Contractor's own risk and
the Contractor expressly agrees to defend against claims or lawsuits and hold
harmless the City and all of its officers, agency, employees, or otherwise, from any
and all liability, loss or damage, including reasonable cost of defense, they may suffer
as a result of claims, demands, actions, or damages to any and all persons or
property, costs or judgments against the City which result from, arise out of or are in
any way connected with the contracted activities to be performed by the Contractor
or its subcontractors under this Agreement.
12. Modification. No change or addition to this Agreement shall be valid or bind-
ing upon either party unless such change or addition is in writing and executed by
both parties.
13. Severability. The parties agree that if any part, term, or provision of this
Agreement is held by any court to be illegal, the validity of the remaining provi-
sions shall not be affected, and the rights and obligations of the parties shall be con-
strued and enforced as if the Agreement did not contain the particular provisions
held to be invalid.
If any provisions of this Agreement are in conflict with any federal law, rule or reg-
ulation or with any law, rule, regulation or statutory provision of the State of
Washington, the conflicting provisions shall be deemed inoperative and null and
void insofar as they may be in conflict, and shall be deemed modified to conform to
lawful provisions, so as to give them as much effect as legally possible.
14. Relationship of the Parties. The parties agree that an independent contractor re-
lationship is created by this Agreement. The performance of contracted activities
and the results to be achieved are solely the responsibility of the Contractor and
those subcontractors it chooses to hire. No agent, employee, servant, or repre-
sentative of the Contractor shall be deemed to be an employee, agent, servant, or
representative of the City for any purpose under this Agreement and the employees
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of the Contractor are not entitled to any of the benefits which the City provides for
City employees. The Contractor will be solely and entirely responsible for its acts
and for the acts of its agents, employees, servants, subcontractors, or otherwise,
during the performance of this Agreement.
In the performance of the contracted activities herein contemplated, the Contractor
is an independent contractor with the responsibility and authority to control and
direct the performance of the details of the work, in accordance with the terms and
conditions of this Agreement. However, the results of the work contemplated
herein must meet the approval of the City and shall be subject to the City's general
rights of inspection and review to secure the satisfactory completion thereof.
In the event that any of the Contractor's employees, agents, servants, or otherwise,
carry on activities or conduct themselves in any manner which may jeopardize the
funding of this Agreement, the Contractor shall be responsible for taking adequate
measures to prevent said employee, agent or servant from performing or providing
any of the contracted activities described within the terms of this Agreement.
Communications between the Contractor and the City shall be addressed to the
Transit Manager of the City and the executive director of the Contractor at their
respective addresses stated herein or at new addresses designated by either party by
written notice.
15. Venue Stipulation. This Agreement has been and shall be construed as having
been made and delivered within the State of Washington, and it is understood and
agreed that this Agreement shall be governed by laws of the State of Washington
both as to interpretation and performance.
Any action at law, suit in equity, or other judicial proceeding from the enforcement
or breach of this Agreement or any provision hereof, shall be instituted and main-
tained only in any of the courts of competent jurisdiction in Yakima County,
Yakima, Washington.
16. Service Delivery. The Contractor shall perform transportation services under
this Agreement in accordance with the policies and specifications delineated in
EXHIBIT A SERVICE DELIVERY which is attached hereto and incorporated as a part
hereof. The City specifically reserves the right to set a limit on the amount of
services to be provided by the Contractor based upon the City's budget.
17. Data Collection and Reporting. The Contractor shall collect and report operating
data in accordance with procedures established, or modified from time to time, by
the City. These records shall be kept current for the full term of this Agreement.
The Contractor shall maintain fiscal records in accordance with recognized standard
accounting practice. The Contractor shall make all records pertaining to the services
provided under this Agreement available to authorized agents of federal, state or
local governmental agencies for the purpose of determining the accuracy of reported
information and the actual cost of services provided. The Contractor shall make no
additional charge for this service to the City.
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18. Training. All vehicle operators employed by the Contractor and its
subcontractors and utilized to provide transportation service under this Agreement
must, as a minimum, possess a valid Washington State Driver's License (or a
Commercial Driver's License if required by law), Cardio Pulmonary Resuscitation
(CPR) Card, and Basic First Aid Card. Operators and subcontractors must also re-
ceive ongoing training in passenger handling techniques, sensitivity in dealing with
elderly and/or handicapped persons, and vehicle and personal safety on an ongoing
basis. These and other forms of training shall be documented and such records kept
current for the life of this Agreement. No additional charge shall be made for this
service.
Mandatory FTA Provisions
19. Breach by Contractor. In the event the Contractor fails to perform any
requirement of this Agreement, the City may terminate this Agreement by giving
written notice to the Contractor of the City's intention to terminate because of
failure of the Contractor to so perform as specified in the notice. If the Contractor
corrects the non-performance to the satisfaction of the City within ten (10) days after
such notice is given, then this Agreement shall not be terminated on that ground. If
the Contractor fails to correct the non-performance to the satisfaction of the City
within the ten (10) day period, then this Agreement shall terminate on final written
notice by the City.
In the event of the breach of this Agreement by the Contractor so that the City
engages other carriers to perform the service called for to be performed by the
Contractor under this Agreement, the Contractor agrees to reimburse to the City all
costs incurred by the City in procuring such service, in excess of the cost provided by
this Agreement for that service.
20. Disadvantaged Business Enterprise. (A) Policy. It is the policy of the United
States Department of Transportation (DOT) that disadvantaged business enterprise
as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or part with federal funds under this
Agreement. Consequently, the DOT requirements of 49 CFR Part 23 apply to this
Agreement.
(B) United States DOT Obligation. The recipient or its contractor agrees to ensure
that disadvantaged business enterprises as defined in 49 CFR Part 23 have the max-
imum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with federal funds provided under this Agreement. In
this regard, all recipients or contractors shall take all necessary and reasonable steps
in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises
have the maximum opportunity to compete for and perform contracts. Recipients
and their contractors shall not discriminate on the basis of race, creed, color, na-
tional origin, age, or sex in the award and performance of DOT -assisted contracts.
21. Equal Employment Opportunity. In connection with the execution of this
Agreement, the Contractor shall not discriminate against any employee or
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applicants for employment because of race, religion, color, sex, age, or national ori-
gin. The Contractor shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to
their race, color, religion, sex, age, or national origin. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer, re-
cruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. The
Contractor further agrees to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials.
22. Title VI Civil Rights Act of 1964. During performance of this Agreement, the
Contractor, for itself, assignees, and successors in interest agrees as follows:
A) Compliance with Regulations. The Contractor shall comply with the
Regulations relative to nondiscrimination in federally -assisted programs of the
Department of Transportation (hereinafter "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time (hereinafter re-
ferred to as the Regulation), which are herein incorporated by reference and
made a part of this Agreement.
B) Nondiscrimination. The Contractor, with regard to the work performed by
it during the contract, shall not discriminate on the grounds of race, religion,
color, sex, age, or national origin in the selection and retention of subcontrac-
tors, including procurements of materials and leases of equipment. The
Contractor shall not participate either directly or indirectly in the discrimination
prohibits by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
C) Solicitations for Subcontracts, Including Procurements of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation
made by the Contractor for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the Contractor of the Contractor's obligations
under this Agreement and the Regulations relative to nondiscrimination on
the grounds of race, religion, color, sex, age, or national origin.
D) Information and Reports. The Contractor shall provide all information
and reports required by the Regulations or directives issued pursuant thereto,
and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the recipient or the
Federal Transportation Administration (FTA) to be pertinent to ascertain com-
pliance with such Regulations, orders and instructions. Where any information
is required or a contractor is in the exclusive possession of another who fails or
refuses to furnish this information, the Contractor shall so certify to the
recipient, or the Federal Transportation Administration, as appropriate, and
shall set forth what efforts it has made to obtain the information.
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E) Sanctions for Noncompliance. In the event of the Contractor's non-
compliance with the nondiscrimination provisions of this Agreement, the City
shall impose such contract sanctions as it or the FTA may determine to be
appropriate, including, but not limited to: a) Withholding of payments to the
Contractor under the Agreement, in whole or in part.
F) Incorporation of Provisions. The Contractor shall include the provisions of
paragraphs 1 through 6 of this section in every subcontract, including pro-
curements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The Contractor shall take
such action with respect to any subcontract or procurement as the recipient or
the Federal Transportation Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance: Provided, however,
that, in the event a Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the
Contractor may request the United States to enter into such litigation to protect
the interests of the United States.
23. Conservation. The Contractor shall recognize mandatory standards and policies
relating to energy efficiency which are contained in the State Energy Conservation
Plan issued in compliance with the Energy Policy and Conservation Act (42 USC §
6321 et seq.)
24. Environmental Violations. The Contractor agrees to comply with all applicable
standards, orders, or requirements issued under Section 306 of the Clean Air Act (42
USC 1857(h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order
11378, and Environmental Protection Agency regulations (40 CFR, Part 15) which
prohibits the use under nonexempt federal contracts, grants or loans, of facilities
including on the EPA list for violating facilities. The Contractor shall report
violations to UMTA and to the USEPA Assistant Administrator for Enforcement
(EN)329).
IN WITNESS WHEREOF the parties have executed this Agreement the day and year
first above written.
CITY OF YAKIMA
By:
and A. Zais, Jr., City Manager
ATTEST:
PEOPLE FOR PEOPLE, INC.
City Clerk
--Le,
CITY CONTRACT O.
0 `�� --
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of 11/7/95
ITEM TITLE: Resolution Authorizing One Year Extension of Dial -A -Ride Service
Agreement with People For People, Inc.
SUBMITTED BY: Jerry D. Copeland, Director of Public Works
CONTACT PERSON/TELEPHONE: Bill Schultz, transit Manager/575-6005
SUMMARY EXPLANATION: In May, 1995, the City Council Approved the extension
of an agreement with People For People, Inc., for transportation brokerage services
regarding the Dial -A -Ride (DAR), program. The intent of the contract extension
was to allow time to develop bid specifications for the rebidding of the DAR
contract following the SunTran vote.
The contractor has suggested that a service delivery modification holds the
possibility of providing some operating efficiencies. The Council Transit
Committee has reviewed the contractor's proposal and has approved proceeding
with a demonstration project. The requested contract extension will allow time
for a 90 day trial and evaluation to determine if the service modification should be
included in new contract bid specifications. We feel that it is necessary to
explore any opportunity which could lead to cost efficiencies in light of the ever
escalating ridership and cost of the DAR program. While we do not feel that the
service modification we are testing will be the cure all for increasing DAR costs,
we do feel that it can certainly be part of the answer. It is unlikely that there is a
single cure all. It is more likely that there will have to be a number of smaller
pieces which will eventually make up the whole picture, and these will change and
evolve over time. This service delivery modification could be one of those pieces.
EXHIBITS
Resolution X Ordinance Contract Other (Specify)
Funding Source Transit Division Operating Budget
APPROVED FOR SUBMITTAL:
ity Manager
STAFF RECOMMENDATION: Approve resolution extending contract
TRANSIT COMMITTEE RECOMMENDATION: Concur with Staff recommendation
COUNCIL ACTION: Resolution No. R-95-151