HomeMy WebLinkAboutResolution 93-171 07/06/1993. Resolution No. 93-171 N.C.S.
1 of the City of Petaluma, California
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4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
5 OF ~ETALUMA RUTH®RIZING EXECUTION OF A ONE-YEAR
6 AGREEMENT WITH PETALUMA PEOPLE SERVICES
7 CENTER F®R PAItATRANSIT (DIAL-A-RIDE SERVICES)
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11 WHEREAS, the City of Petaluma wishes to provide transportation services to those
12 disabled residents of the City who are unable to utilize the City's fixed-route public transit
13 and, therefore, require general paratransit or Americans With Disabilities Act (ADA)
14 compliance paratransit transportation assistance; and
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16 WHEREAS, Petaluma People Services Center is able and willing to provide such
17 service.
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19 NOW, THEREFORE, BE IT RESOLVED, that the Mayor or City Manager is
20 authorized to enter into the attached one-year agreement with Petaluma People Services Center
21 for the period of July 1, 1993 through June 30, 1.994..
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (~Jb1~F3~>~X~il€a~Q) meeting fO~`
on the .....6th ............. day of ............s~.ll).y......................................., 19~.~..., by the '~
following vote: ......-•-----•--.-_-- • -• - - • -
City Attorney
AYES: Nelson, Barlas, Vice Mayor Read, Sobel, Shea, Hamilton, Mayor Hilligoss
NOES: None
ABSENT: No e
ATTEST : ....-..... .....-. / ~~~~!Z .G~-~ ..................... ....-.-._
City Clerk May
Council File ....................................
CA 10-85 Res. No.....9.`~.._1 ~.1........ N.C.S.
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CITY OF PETALI<JA/IA
SERVICES AGREEIVIEIVT
This Agreement (the "Agreement"), is made this 1st day.of July, 1993, by and between
the City of Petaluma, a political subdivision of the State of California ("City"), and Petaluma
People Services Center ("Contractor")_
WHEREAS, City of Petaluma wishes to provide transportation services within the City
to those disabled residents who are unable to utilize the City's fixed-route public transit system
and, therefore, require special transportation assistance; and
WHEREAS, this agreement is made and entered into pursuant to the provisions of
section 99400 (c} of the Public Utilities. code of the State of California by and between the City
of Petaluma, hereinafter referred, to as City, and Petaluma People Services Center, hereinafter
referred to as Contractor for paratransit services.
NOW, therefore, City and Contractor agree as follows:
h SERVICES TO BE PROVIDED
Contractor .agrees to furnish the following services within. the City of Petaluma def ned in the
Operation Plan (Exhibit A).
Program Goals and Objectives.
Overall program goals and objectives of the program will be determined by the City, in
cooperation with Contractor, and may be amended from time to time.
Day-to-day administration of the program will be the responsibility of the Contractor.. This
shall include but will not be limited to, Program° Supervision, Coordination,
Dispatching/Scheduling, Vehicle-Operation, and dissemination of Program. Information.
Changes in service may be proposed by City or Contractor. Any proposals to change service
will be put into effect only upon written approval by both City and Contractor. Changes aat
alter the amount. of compensation will require an amendment to this contract. Funding for this
program is available through the Transportation Development Act (Article. 8). This agreement
is subject to the approval of the Metropolitan Transportation Commission and continued
funding.
II. CONTRACTOR'S RESPONSIBILITIES
Contractor agrees to:
A. Employ 2-1/2 full-time drivers.
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B. At a basic service. level of 5,926 Total Direct Service Hours per year ±5 %, perform
and provide all items set forth in City of Petaluma Operation Plan (Exhibit A) for the
following price per Total Direct Service Hour:
$23.39/TSH
C. Employ such other people as necessary to administer the program, train and schedule
drivers, and develop a volunteer driver component to these services.
Any compensation to Contractor's employees shall be at the sole expense of
Contractor.
D. Designate a representative of the agency to attend all meetings of the Paratransit
Coordinating Council which works to promote the efficient use of limited paratransit
resources and to improve coordination and availability of special transportation
services.
E. Comply with all applicable local,, State and Federal regulations including those of the
Transportation Development Act.
F. Provide information to promote knowledge of availability of paratransit services.
G_ Maintain vehicles and other equipment in good condition at all times during the term of
this agreement.
H. Collect fares, as established by City, for all passengers. Fares shall be remitted- to the
City at least once a month by delivering the farebox or as otherwise established by the
City, to a person designated by City.
1. Satisfy the Transportation. Development Act requirement that 10% of the monthly
.operating cost be obtained. from farebox revenues or cash donations. Any .shortfall in
10% requirement to be paid by contractor at year end.
J. Compile and maintain. records including, but not limited to, ridership, calls received,
trip origin and destination, and denials. Contractor will provide data on a monthly
basis satisfactory to City. and Metropolitan Transportation. Commission. Payment may
be withheld by City if these reports are not submitted on time. Farebox recovery ration
to be reviewed. quarterly. \
K. Make every effort to expand its volunteer driver program to .augment these paratransit
services.
L. Provide internal control for cash from bus farebox cans following. this agreed. upon
procedure:
Two locked farebox cans will be removed from the vans and delivered on a weekday
within a day or two of the fifteenth .and the last day of eaoh month to Wells Fargo
Bank,. 125 Western Avenue, between the hours of nine and six. The bank wily
exchange with the -bus driver e locked, full farebox can for an open, empty farebox
can. The. bank will count the contents of the delivered farebox can on the nearest
IVlonday, Wednesday or .Friday and deposit the funds. into the City's general operating
bank account .immediately after the count. The bank will then mail. a deposit receipt
which includes the farebox can number (stamped on .top rim) to the City and the City
will mail a copy of this receipt to the contractor for their records.:
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III. CITY'S RESPONSIBILITIES
A. City will serve as lead agency in the monitoring and administration of the terms and
conditions of this agreement.
B. Ciry will reimburse Contractor- for allowable and eligible. expenses of this program on a
monthly basis., based upon Total Service Hours. Every effort will be made to process
payment within seven (7) working days unless Ciry. determines that the amount, claimed
is. not in accord with the. provisions of this Agreement. All operating costs must satisfy
the TDA and eligibility requirements.
C. Ciry will. prepare appropriate funding requests to claim TDA funds to operate this
service.
D. City will prepare and. submit Performance Reports to the appropriate funding agencies
and bodies.
E. At least annually, City will evaluate the effectiveness and level of service provided and
will assess the continuing need. for .these services..
F. Provide a public forum through which Contractor and patrons of this service have- an
opportunity to present requests to alter the scope of services provided.
G. Provide paratransit vehicle parking space (excluding any private volunteer driver
vehicles) and cleaning. Paratransit vehicles are subject to .the City's regulations. for
transit vehicles.
H. Provide fuel.
I. Provide maintenance for three (3) paratransit vehicles through the City or their
contractor or a licensed provider acceptable to the Ciry on a prescribed schedule.
Provide to Contractor two fully accessible 12 passenger (or larger). vehicles.
I:V. GENERAL CONDITIONS
A. Indemnification. Contractor will indemnify and hold- City harmless from any and ,all
claim or claims made ;against arising out of or occurring as a result of the performance
by Contractor, its agents and or .employees. of the duties and obligations provided' for
under this agreement.
B. Assi ng ment. None of the parties hereto shall assign, sublet or transfer any interest in
this. agreement without written. consent of the other.; and no assignment shall be of .any
force or effect whatsoever unless and until the parties shall have so- consented in
writing.
C. Status of Contractor. The parties acknowledge and intend that Contractor, in
performing a services'hereinafter specified, shall act as an independent contractor and
shall have sole .control over the manner in which. the. wor-k is to: be performed.
Contractor and its agents and employees are not be considered agents. or employees of
City and are.-not entitled to participate in any pension. plan, insurance, bonus or similar
benefits City provides its. employees.
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D. Insurance. Contractor shall obtain and maintain throughout the period of this
.agreement, comprehensive general liability. insurance with- minimum limits of One
1Vlillion Dollars ($1.;000,OOQ.00) combined single limit (CSL) covering all bodily injury
and property damage arising out of its .operations under' this agreement.
Other insurance provisions and requirements shall include. the- following:
1. General Liability and Automobile Liability Coverages.
(a) The City, its off cials, employees and volunteers are to be covered as
insureds as respects: liability ansmg out of activities performed :by or on
the behalf of the Contractor; premises owned., leased or used by the
Contractor; or automobile owned, leased, hired or :borrowed 'by the
Contractor.. The coverage. shall contain no special limitations- one the
scope of protection afforded to the City, its officials, employees or
volunteers.
(b) Thee Contractor's insurance coverage shall be primary insurance as
respects the City, its officials, employees nor volunteers. Any insurance
or self-insurance maintained by thee. City, its- officials, . employees or
volunteers. shall be excess of the Contractor's insurance and shall not
contribute with it.
(c) Any failure to comply with reporting. provisions of the policies .shall: not
affect coverage. provided to -the City, its officials, employees or
volunteers.
(d) Coverage shall state that the Contractor's insurance shall. apply
separately o each insured against whom claim is made or suit is
brought,. except: with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employer'sLiability Coverage.. The insurer shall
agree to waive all rights of subrogation against the City, its. officials,. employees.
and volunteers for losses arising from work performed by the Contractor for the
City.
3. All Coverages. Each insurance policy required by this clause shall. be endorsed
to- state that coverage shall .not be suspended, voided, cancelled, reduced, in.
coverage or in limits except .after thirty (3Q) days' prior written notice by
certified mail, return receipt requested, has been given the City.
4_ Verification of Coverage. Contractor shall furnish the. City with. certificates ~of
insurance. and certificates and endorsements for each- :insurance policy are to be
signed. by a person authorized by that insurer to bind coverage on its behalf.
The certif cafes and endorsements are to be received -and approved by the City
before work commences.
5. Loss Historu. Contractor shall annually or on request. of City provide City with
an insurance. loss history as prepared. by Insurance Company or adjuster.
E. Vehicles. Upon termination of this agreement,. the vehicle(s) provided shall' be
returned. to City in as good condition as when received, reasonable wear and tear
excepted.
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It is agreed :that the interests of this lease wluch• are held by City are: transferable and
.assignable ,by City. to any ,public agency which may succeed City in .supplying. the
ervices:-in which tfie vehicle is used.
During, •the term of -this lease and while • vehicles described are in its possession,
contractor° shall have. a absolute and exclusive. control of such equipment.
Contractor- will employ and. have absolute ~control~ and supervision over the operators of
said equipment in meeting the :goals .of ,this agreement.
~In the event'. of an. emergency, the City may .request. that the said vehicles' be
returned' to the operational control: of they City. ~ The Contractor shall release said
vehicles: upon,~request. T.he City shall :return said.. vehicles. to the .operational control of
-the Contractor in good working order upon cessation. of said; emergency.
F. Non_Discrimination. =Contractor shall comply with ,the provisions of Section 1.2940 of
the° California Government Code. Section 1.2940°states impertinent part, .that it shali~ be
unlawful employment :pactce, "For an employer. because> of race,. religious creed;
color, natural origin,, ancestry,, physical handicap,, medical~~condition; .martial status, or
sex. of; any person, o =refuse tohire or employ- the person- or to refuse ao select the'
:person for a training .program leading to ,employment, or to. bar ,or to discharge such
person from employment ,or from a: araining. program:leading toy employment;: or. to
discriminate against such- :person .in compensation or ~ terms, conditions or privileges
of employment. "
G. Law. Governing_Contract: This contract shall be governed and:construed in_ accordance
with all of the laws of the State of California, in addition to. any cited herein.
H. Enforcement. 'In the event :either party hereto shall .commence any legal; action or
:proceeding against ae other toenforce any :term or condition of this agreement or for
the alleged breach thereof, •the; prevailing party shall. be entitled to its costs of suit and
reasonable-attorneys' fees.as tired' by the court:
Modifcationof Agreement,. This writing :constitutes the.entre,agreement.between,,the
parties relative~,to .the subject matter of this;~~ agreement and' no, modif cation hereof shall.
be effective unless: and until such modficatign is evidenced. by a. writing. signed- bye both
parties, to this .agreement. There are no understandings, agreements or conditions with-.
respect to the subject matter of.'this -agreement .except ,those contained in thin writing..
J'. Right ~to. Monitor and Audit. City,. County, Regional, State and Federal-. government.
shall have the> right o .monitor. •and audit all: work performed...under this. contract:.. The
;examination: will. !place particular emphasis on the underlying, internal -controls and
financial records.
City will notify Contractor.: in writing within thirty (30) days of any potential
exception(s) discovered, during such. examination. Where such findings indicate that
program, requirements are not, being .met, and, •funding:.,agency. participation- in ;program.
may -be .imperilled;. such written notif cation will .constitute the County's :intent to
terminate this contract in -the. event Ghat. corrections. are. not.. accomplished by Contractor
within sixty ~(60) -days.
Contractor-.shall provide City within 120. days. of the termination.•of this contract an
audited statement ~.of actual 'revenues and expenditures by budget item as defined in
Exhibit D.
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.Audits must comply with Transportation Development .Act requirements and with
:Standards far Audit of Government Organizations Prog~ms ,_A~tivities and Functions.
K.. Retention of Reeor~is.. City .and= Contractor:.agree to retain all documents relevant to:
-this agreement -for five years. from the termination of ahe contract. or until all.
federal state audits• are complete. far this fiscal. year, whichever is. later... Upon request,.
•Contractor shall. make available these records to City; State or~ Federal:; government
.personnel..
L. Law Governing Contract. This contract. shall, be.,governed' and construed iri accordance
wig a11> of the laws of he State of California, in addition to any cited herein.
M. Conflict of Interest:. No uremt~er,. officer, or-employee of County. and City during his:
tenure; or for one yearthereafter; shall' have any direct or mdu'ect interest: in. -this.
eontcact or the proceeds~thereof:
V . TERM OF AGREEMENT
This. agreement. shall :remain ~in~ effect until June ' ~ 1994 unless. terminated upon :ninety (90)
days written notice given,;by .either~party..
It is sped Bally understood :by~ both.. parties: that the subJect, program is fore one year: There is.
no commitment, expressed or implied; for~ahe continuationrof funds for this.-program.
VI'. IVIETHOD~~AN~D' PLACE OF~ GIVING,-NOTICE
All. correspondences. shall-- be made-.in writing and may ;be ,given by personal delivery. or by
mail. ' If-sent:by mail; correspondence should' be-addressed as .follows:
CITY: Program Coordinator: ~T~ ~' ~S ! ~~
City of Petaluma
Post Office Box 61 '
.Petaluma, California 94953
CONTRACTOR:. Petaluma People Services Center
Attn: Executive Director
1500-A .Petaluma Boulevard South -
' Petaluma,. Californiat 94952
When. so addressed, :notice -shall ~be deemed given upon .deposit in. the United States -marl,
postage. prepaid. Irr all other- instances; ,communications. shall .be deemed. given .at the. tme..of
~actual~ deli erg. °Changes~:may be, made •in the names and. addresses. .of the person to whom
correspondence-is ~to: be given by giving notice pursuant to,~ thisparagraph..
This: agreement, s° subject to. funding= approval 'by- the. Metropolitan. Transportation Commission
and the' schedule and'. method of payment°will,comply with: MTC: requirements.
VII. EXECUTION QF AGREEMENT
This Agreement constitutes>the entire agreement between the parties..
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IN -WITN;ESS``WHEREOF, the parties hereto have executed this: document the. day, month: and
year first.above. written.
City of Petaluma .
City Manager
ATTEST:
Petaluma. Pe4p1e .Services Center
By
Name and Title
1'_5(~=A- Petaluma Boulevard .South
Address, -
City Clerk.
APPROVED. AS TO FARM:
City Attorney
APPROVED:
Risk-Manager
APPROVED::
Finance Director
..APPROVED:
Public Works,Direcfor
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Petaluma., £alifornia 94952.
City State Zig
94-2271299 ~ ,
Taxpayer-I:D. Number
000090.1'702.
Petaluma Business :License No.
~. RE~O.9~ ®1~' 1NCS
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EXHIBIT A
Operation Plan
Paratransit Service
{Paratraveller)
Contractor agrees to operate a minimum of two passenger vans in accordance with ADA :plans
within the City units of Petaluma, except on the following. holidays: President's- Day,
Memorial Day,, Independence Day, Labor. Day,. Thanksgiving. Day, Chnstmas Day, and. New
Year's Day. ~
1. Service will consist. of:
A. General and ADA door-to-door demand-responsive paratransit services for
medical, educational; and other necessary life-support trips for transit-dependent
people unable o :use public transit, taxi, or other available transit services.
B. Paratransit services shall operate a minimum of fiwo vehicles which will be
scheduled according to ADA plans submitted. to the Department of
Transportation on 3anuary 26, 1992.
C. Paratransit services. are to be coordinated with other local transit and paratransit
services and should not.compete with public or private transit.
2. A volunteer driver program will be included in thin contract to assist in meeting the
community's needs and reducing the number of denials.
3. Goals for 1993-94 are. to provide:
5.,926 total hours of service ±5
11,000 one-way trips
4. Fares -Contractor shall be responsible for the .collection of fares. Revenues are..the
property of .the City to be used to offset program costs .and meet TDA farebox recovery
requirements.
For •the sake of :fares .and ridership counts, trips shall. be defned as. one-.way
ransportation. Any shortfall in the ten percent. (10%) farebox recovery requirement
shall be-met, -in cash, by Contractor. Fares are:
As described in AI)A plan for City of Petaluma, ali trips for physically
handicapped .and/or frail elderly which require door-to-door service, a fare of
$i.50 per.person (each way) shall be charged. A $1.25 fare for groups of eight
(8) or more {each way) shall also be charged.
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