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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 lap/transitdial-a-ride res 11/2/95 3:30 PM 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. lap/transit/dial-a-ride 11/2/95 3:02 PM DIAL -A -RIDE TRANSPORTATION BROKERAGE SERVICE AGREEMENT -- Page 1 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, lap/transit/dial-a-ride 11/2/95 3:02 PM DIAL -A -RIDE TRANSPORTATION BROKERAGE SERVICE AGREEMENT -- Page 2 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 Iap/transit/dial-a-ride 11/2/95 3:02 PM DIAL -A -RIDE TRANSPORTATION BROKERAGE SERVICE AGREEMENT -- Page 3 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. lap/transit/dial-a-ride 11/2/95 3:02 PM DIAL -A -RIDE TRANSPORTATION BROKERAGE SERVICE AGREEMENT -- Page 4 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 lap/transit/dial-a-ride 11/2/95 3:02 PM DIAL -A -RIDE TRANSPORTATION BROKERAGE SERVICE AGREEMENT -- Page 5 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. Iap/transit/dial-a-ride 11/2/95 3-02 PM DIAL -A -RIDE TRANSPORTATION BROKERAGE SERVICE AGREEMENT -- Page 6 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 `�� -- lap/transit/dial-a-ride t./2 S` 3:02 PM DIAL -A -RIDE TRANSPORTATION BROKERAGE SERVICE AGREEMENT -- Page 7 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