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HomeMy WebLinkAboutItem 3.4 Paratransit Services Contract CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 9 , 1984 SUBJECT Paratransit Services Contract EXHIBITS ATTACHED Contract ; Resolution RECOMMENDATION Adopt Resolution authorizing Mayor to execute agreement FINANCIAL STATEMENT: TDA Grant - $8 ,892 City Subsidy - $5 , 192 DESCRIPTION At the regular City Council meeting on May 29 , 1984 , the Council approved the concept of having the San Ramon Valley Community Center provide paratransit services . The City has received notification of a TDA grant in the amount of $8 ,892 . In addition, as a part of the 1984-85 budget process, sufficient funds have been allocated to cover the City subsidy. Contra Costa County has prepared a formal agreement which is the same as the 1983-84 agreement . It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute a contract with the San Ramon Valley Community Center for Paratransit Services . ---------------------------------------------------------------------------- COPIES TO: ITEM 'NO. e5r .4 RESOLUTION NO. - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------- AUTHORIZING MAYOR TO EXECUTE CONTRACT FOR PARATRANSIT SERVICES FOR FISCAL YEAR 1984-85 WHEREAS, the City Council of the City of Dublin is desirous of providing paratransit services to the transportation indigent in the City of Dublin; and WHEREAS, the City Council of the City of Dublin has determined that the San Ramon Valley Community Center provides the best service at the lowest cost ; and WHEREAS, the City Council of the City of Dublin is desirous of contracting with the San Ramon Valley Community Center for the provision of paratransit services for Fiscal Year 1984-85 . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the contract between the City of Dublin and the San Ramon Valley Community Center , and further , authorizes the Mayor to execute said agreement . PASStD, APPROVED AND ADOPTED this 9th day of July, 1984 . AYES : 'NOES : ABSENT : Mayor ATTEST: City Clerk t1 I CONTRACT This contract, made and entered into this 1st day of July, 1984, by and between the County of Contra Costa, the City of Dublin, political subdivisions of the State of California, hereinafter referred to as "County" and "City" respectively, and San Ramon Valley Community Center, Inc. , a non-profit corporation, hereinafter referred to as "Contractor"; RECITALS: 1. County is desirous of contracting with Contractor for the provision of certain services, a description of which is presented in Exhibit A, attached hereto. 2. County anticipates receiving funds pursuant to -the funding source indicated in Exhibit B. 3. Contractor is willing and able to perform duties and render services which are determined by the Board of Supervisors to be necessary or appropriate for the welfare of residents of the County and City. 4. County desires that such duties and services be provided by Contractor, and Contractor agrees to perform such duties and render such services, as more particularly set forth below. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED as follows: 1. Attached hereto, marked Exhibit A, and by this reference made apart hereof, is a description of the duties and services to be perforrn�'d for County by Contractor, and Contractor agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a professional and diligent manner. 2. Payment shall be made pursuant to the terms and conditions set forth in Exhibit B, attached hereto and by this reference made apart hereof. Sums not so paid shall be retained by County. In no event shall the total amount paid to Contractor exceed the sum of $48,000 without prior amendment to this contract. Contractor shall not exceed the line items in its budget, attached hereto as Exhibit C and made a part hereof by this reference. 3. The term of this contract shall be one year beginning on the 1st day of July, 1984 and end of the 1st day of June, 1985, or until terminated earlier by either party submitting in writing to the other a 60-day notice of termination. This contract shall supersede any prior contracts signed by the County and the Contractor. 4 . Contractor shall maintain on a current basis complete records, including books of original entry, source documents supporting accounting transactions, eligibility and service records as may be applicable, a general ledger, personnel and payroll records, canceled checks, and related documents and records to assure proper accounting of funds and performance of this contract in accordance with instructions provided and to be provided by County. Said instructions may include requirements as to the length of time such records are to be retained by Contractor. Contractor shall comply with all such instructions. Contractor shall cooperate with County in the preparation of, and shall furnish any and all information required for, reports to be prepared by County as may be required by the rules, regulations, or requirements of County or of any other governmental entity. To the extent permitted by law, Contractor will also permit access to all books, account, or records of any kind to County or to any other governmental entity for purposes of audit or investigation, in order to ascertain compliance with the provisions of this contract. 5 . Contractor shall , at no cost to County, obtain and maintain during the term hereof: (a) Workers' compensation insurance pursuant to state law, and (b) comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages due to bodily' injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. Contractor shall furnish evidence of such coverage, naming County, its officers and employees as additional insureds, and requiring 30 days' written notice of policy lapse or cancellation. 6. Contractor shall defend and indemnify County, its officers and employees, against 1 1 any and all claims or liability for injury or damage caused by any act or omission of Contractor or any of contractor ' s employees or volunteers in the performance of this contract, including County's active or passive negligence but excluding County's sole negligence, and Contractor shall hold County harmless from any and all loss occasioned in the performance of, or otherwise arising out of, this contract. 7. County shall make at least one program evaluation during the term and each extension of this contract not later than the ninth month of the term or extension. County, with prior written notice of 14 days to Contractor, may at any time conduct additional evaluations of the program. Said evaluations shall cover both objectives and program of Contractor. Contractor shall maintain and retain records with respect to such object- ives, program, and evaluations, and shall cooperate with County in making these or any other evaluation reports; Contractor shall permit access by County to the premises, shall furnish all information requested by County, and shall afford County access to all such records of Contractor. 8. Contractor shall not claim reimbursement from County for (or apply sums received from County with respect to) that portion of its obligations which has been paid by another source of revenue. However, unrestricted or undesignated private charitable donations and contributions shall not be considered revenue applicable to this contract; Contractor has total freedom in planning for the usage of such resources in expanding and enriching programs, or in providing for such other operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed by Contractor pursuant to this contract. Nothing herein shall be deemed to prohibit Contractor from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for. 9. None of the work to be performed by Contractor shall be sub-contracted without the prior written consent of County. Contractor shall be as fully responsible to County for the acts and omissions of any sub-contractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by Contractor. Contractor shall not transfer any interest in this contract (whether by assignment or novation) without the prior written approval of County. No party shall , on the basis of this contract, in any way contact on behalf of, or in the name of, the other party to the contract, and any attempted violation of the provisions of this sentence shall confer no rights, and shall be void. 10. Neither the Contractor nor any of its employees shall by virtue of this contract be an employee of County for any purpose whatsoever, nor shall it or they be entitled to any of the rights , privileges, or benefits of County employees. Contractor shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. Contractor assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. 11. Contractor agrees to maintain the confidentiality of any information which may be obtained in connection with this work . County shall respect the confidentiality of information furnished by Contractor to County. 12. If, through any cause, Contractor shall fail to fulfill , in timely and proper manner, its obligations under this contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of this contract, County shall thereupon have the right to terminate this contract by giving written notice to Contractor of such termination and specifying the effective date of such termination. Without prejudice to the foregoing, Contractor agrees that if, prior to the termination or expiration of this contract, upon any final or interim audit by County concluding that Contractor has failed in any way to comply with any requirements of this contract, then Contractor shall forthwith bring itself into compliance and shall pay to County forthwith whatever sums are disclosed to be due to County (or shall , at County' s election, permit County to deduct such sums from whatever amounts remain undisbursed by County to Contractor pursuant to this contract) ; if this contract shall have terminated or expired, and it is disclosed upon such audit, or otherwise, that such failure has occurred , the Contractor shall pay to County forthwith whatever sums are so disclosed to, or determined by, County to be due to County, or shall , at County's election, permit the County to deduct such sums from whatever amounts remain undistributed by County to Contractor pursuant to this or any other contract between the County and Contractor. 13. Contractor shall comply with all applicable laws, ordinances, and codes of federal, state and local governments in performing any of the work embraced by this contract. . 14. In the event that payment under this contract is other than by fee-for-service, title to all personal property having a unit purchase price of over $175 acquired by Contractor in connection with this contract or the services rendered pursuant thereto shall vest in County, and shall be returned to County at the expiration or termination of the contract. 15 . County shall assign a liaison to Contractor with respect to the performance of this contract. If any adjustment in line items in the attached budget is requested by Contractor, such adjustment may be made upon receipt by Contractor of the written approval of the liaison department . Such budget adjustment shall not alter ( 1 ) the basic scope of services or other performance to be provided under this contract, (2) the time of performance of any act hereunder, or (3) the total amount of money allocated hereunder. 16. Contractor agrees to comply with all requirements which are now, or may hereafter be, imposed by the funding government with respect to the 'receipt and disbursement of the funds referred to in Exhibit B, as well as. such requirements as may be imposed by County. Without limiting the generality of the foregoing, Contractor agrees that it will not use funds received pursuant to this agreement, either directly or indirectly, as a contribution in order to obtain any federal funds under any federal or state programs without prior written approval of County. 17. Contractor agrees that no person shall on the ground of race, religion, national origin, sex, age or handicapped condition, be excluded from participation in, be denied the benefits or, or be subjected to discrimination under, any program or activity funded in whole or part with funds made available to Contractor by County pursuant to this contract. 18. Contractor and County recognize that unforeseen events may cause significant increases in the costs to be borne by Contractor in rendering services hereunder and in otherwise performing this contract. If the Board of Supervisors determines that the Contractor has incurred unforeseen significant costs which, if"not paid, will interfere substantially with Contractor ' s performance hereunder, and reimbursement thereof is necessary in order to prevent undue hardship to the recipients of Contractor 's services, and such costs were beyond the Contractor's control , this contract may be amended to alter the fee-for-service rate or line-item budget and to make such other changes therein as may be necessary or appropriate to accomplish the foregoing. 19. This contract can be amended only by written agreement of the parties hereto. COUNTY OF CONTRA COSTA CONTRACTOR Name By Chair, Board-of—supervisors Street Address City, State, ZIP Code ATTEST: J.R. OLSSON, COUNTY CLERK ) By _ By1y. _�/ Deputy t� APPROVED AS TO FORM: Title VICTOR J. WESTMAN By B eputy cr a Z re- s . CITY OF DUBLIN Title By Mayor ATTEST: By City Clerk Approved As To Form: By City Attorney STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On July 2, 1984 before me, the under- signed, a Notary Public in and for said State, personally appeared Gay K. wyne known to me to be the Vice President , and Gerold E. Clifford , known to me to be Treasurer of the corporation that executed the within Instrument , known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official al . Signature 17AIe i Aw ..44Z iz_�k��/r Valerie Schil ing -one (Typed or Printed) (C.C. Secs. 1190, 1190.1) �o4aooe�� ; �, ��,,�., OFFICIAL SEAL ContractSRVCC q, VALERIE SCHILLING <' iF,." eit NOTARY PUBLIC —CALIFORNIA SSs• =�' Contra Costa County a M Commission Expires Nov 19. 1984 y �rc�a�c r EXHIBIT A IDENTIFICATION OF SERVICE Objective of Program San Ramon Valley Communit,y Center,_Inc. ,_ hereinafter referred to as Contractor, shall provide paratransit services for transportation of handicapped individuals who are age 60 and over, and/or because of physical/developmental/mental frailty, isolation, or similar reason, unable to use ordinary public transit transportation services. Services of Program Contractor shall provide accessible van paratransit service for transportation handicapped individuals who request such services. The service shall meet the following minimum requirements: 1 . The dispatching/scheduling of trips beginning at 8:30 a.m. and ending at 4:30 p.m. , Monday through Friday. 2. Transportation equipment owned by Contra Costa County (until such time as the Central Contra Costa County Transit Authority is able to assume ownership and liability for said equipment) shall be operated by employees of Contractor. A. There shall be a minimum of one eleven-passenger van and one lift-equipped van or bus. B. All vehicles used must conform to vehicle specifications, laws, and regulations of the State of California. Lifts must be of accepted manufacture and acceptable to Contra Costa County. 3. The paratransit services to be provided shall meet each of the following trip needs: A. Scheduled Trips - The user needs transportation on a regular basis, or the user needs transportation to a scheduled appointment. These trips should be scheduled in advance. These trips are the normal mode of operation. B. Immediate Response Trips - The user needs transportation as soon as possible. C. Out-of-Service-Area Medical - The user needs transportation to Walnut Creek or the Pleasanton-Livermore areas for specialized medical treatment, or to- Hayward for dialysis treatment , these trips should be scheduled at least 24 hours in advance. D. Escort Service Trips - Users requiring escort assistance shall be encouraged to provide their own escorts . Escorts may travel at the same cost per trip as the eligible user. The volunteer escort's trip cost is the same rate charged the user, and is paid by scrip. The escort is picked up at the user residence with the user. If no escort is available, the dispatcher may refuse to schedule the trip until an escort is available. 4 . If trip demand exceeds delivery capacity, priority shall be given by Contractor to requests for trip purposes in the following order: Transportation handicapped, in the following sites: (1) Medical appointments and jobs. (2) Personal business and senior citizen nutrition sites. (3) Shopping. (4) Recreation (senior center). (5) All others. 5 . Contractor shall , in concurrence with Central Contra Costa County Transit Authority (CCCTA) join with AC Transit and BART to prepare for the integration of services at the time buses become available for transportation of handicapped persons. Coordination of hours of operation and transfers will be arranged. ' r 6. Contractor shall dispense, upon request, either in person or by mail, scrip books to all eligible paratransit users (as defined in Exhibit A) during normal business hours. A. Scrip books shall include the following information: (1) Place for signature when scrip purchased. (2) Place for user signature when scrip given to driver. (3) Serial number. (4) Name and address of Contractor. (5) Value of each ticket. (6) Distinguish transportation handicapped and general public. B. Scrip books shall contain ten tickets (each valued- at 75 cents), and be sold for $7.50. Three or more books may be provided an eligible user in any one month only after 50% of the tickets provided in previous months have been used. The above is subject to change with the approval of both parties. C. Fares ( see Figure 1 ) for definition of boundary designations and zones) shall be paid at rates that are set below: To or From Zone Fare Within zone of origin $ .75 To second zone 1.50 To third zone (outside service area) 2.25 Fare is subject to change without notice by County in order to maintain a 10% farebox recovery. 7. Contractor shall purchase, through the County bid process, the necessary equipment to provide the services described above. Equipment to be purchased is limited to amended contracts which provide for capital purchase. ContractSRVCC EXHIBIT B METHOD OF PAYMENT Maintenance of Records 1. Service usage records (daily drivers' logs) which include: A. Driver's name. B. Location of client pickup. C. Location of client dropoff. D. Signature of driver. 2. Employee time records signed by employee, and approved by- supervisor. 3. Invoicing and payment records, and related fiscal and program information. Drivers' logs are to be maintained for a period of five years. Should Contractor cease to exist as a legal entity, records will be forwarded to the Contra Costa County Department of Public Works. Required Reports 1 . Contractor shall provide County with a completed Metropolitan Transportation Report MTC each quarter. This report shall be on a MTC prescribed form and shall include the following information: A. Itemization of all revenue. B. Itemization of all expenditures. C. Operating data, including number of:/ Total passenger trips, total miles, and total hours of operation. D. Marketing and other activities. Payment Schedule 1 . Monthly billings will be for actual expenses incurred, not to exceed the total contract amount without written approval by Contra Costa County. 2. The City of Dublin will reimburse the County upon receipt of invoice for City Transportation Development Act, Article 4. 5 funds expended under the terms of this contract with the Center. The amount not to exceed the sum of $8,892.00. Capital Purchases Contractor shall be reimbursed upon invoice for the actual purchase price of any capital equipment listed in subsequent contract amendments. County Liaison Program and contract liaison with the County, is to be maintained through the Contra Costa County Department of Public Works. Funding Funding under this contract does not duplicate funding from other sources. Should future funding duplicate the funding under this contract, the invoices to Contra Costa County shall be reduced accordingly by the amount of the duplicate funding. Funding for this contract is provided under the Transportation Development Act, Article 4.5. ContractSRVCC ,f A\ r: t � , t -�• f.lcragcl LEY 1 ® (_ - IX -�. ., 1.r 130UND TI 5 �ONF A ? YDF -- t San a ®n 'Valley Community Center, Inc. P.O.Box 004 • 135 Love Lane • Danville,Califomia 94528 • 837-8235 1984-1985 _ Juli 1, 1984 EXPENSES A . Personnel Dispatcher/Coordinator $ 12 , 000 Drivers 25, 740 Sick Leave 1, 764 • Vacation 2, 753 Substitutes 330 Workmens Compensation 3, 458 F . I . C. A. 2, 853 1, 266 1, 266 Travel Allowance '300 Administrative/C.lerical 10,'296 ' Sub Total $ 60, 760 B. Services & Supplies --" Training 100 ' Office Supplies 894 i Small Tools 25 Telephone 1, 608 Vehicle maintenance/Repair 8,703 Gas & Oil 12,267 , Equipment Rental 72 Vehicle Insurance 5, 500 Liability Insurance 996 Advertising/Printing/Promotion 2, 596 Space Rental 1 , 728 Professional Services/Audit 1, 668 Taxes/License 330 Radio Use & Repair 1 , 200 Sub Total $ 37 , 687 Total $ 98, 447 INCOME Alameda County 8, 892 Contra Costa County 39 , 108 Farebox 18, 240 Subsidy 32 , 207 Total $ 98, 447 r