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HomeMy WebLinkAboutRESOLUTION - 46-18 - 10/23/2018 - PACE - Dial-A-Ride AgreementRESOLUTION NO.46-18 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE SUBURBAN BUS DIVISION (PACE) OF THE REGIONAL TRANSPORTATION AUTHORITY (DIAL -A -RIDE) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: PACE PARATRANSIT LOCAL SHARE AGREEMENT Village of Elk Grove a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES:6 NAYS:0 ABSENT:0 PASSED this 23rd day of October 2018. APPROVED this 23rd day of October 2018. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk PACE PARATRANSIT LOCAL SHARE AGREEMENT Village of Elk Grove This Pace Paratransit Local Share Agreement ("Agreement") made this 2-3rcjday of cc-rohe- r 2018 between Pace, the Suburban Bus Division of the Regional Transportation Authority, Illinois municipal corporation ("Pace"), and Village of Elk Grove, an Illinois municipal corporation ("Village"). In consideration of the mutual promises hereinafter set forth, the parties agree as follows: 1. Term. This Agreement will be in effect beginning January 1, 2019 and ending December 31, 2019. 2. Service Description. The Village will participate in the financial support of the transportation service described in Exhibit A attached hereto and made a part of this Agreement. 3. Reportin;. Pace may provide to the Village on a monthly basis, a report with the following: A. Number of one-way trips. B. Detailed data showing all rides summarized in Exhibits A. C. Total miles. D. A billing for Local Share, determined as outlined in Section 4 of this Agreement. 4. Local Share Fundin ;. The Village agrees to reimburse Pace monthly for the Local Share incurred in operating the service described in Exhibit A. The Local Share will be calculated in the following manner: A. The Total Expense of the project will be calculated by multiplying the actual number of vehicle service hours attributed to service delivered per this Agreement by the hourly rate charged to Pace by the Contractor. The Operating Deficit will be defined as Total Expense less damages and fare revenue. B. The Pace Contribution will be the lesser of. 1) 75% of the actual Operating Deficit attributed to a maximum of 7,168 vehicle hours of service, or 2) $161,384. The Local Share shall not exceed $324,080. C. The Pace Contribution shall be calculated monthly on a year-to-date basis to adjust for actual vehicle hours of service and ensure that the annual Pace Contribution is not depleted in advance before the end of the term of this agreement. D. The Local Share is the Total Expense, as described in Section 4A, minus fares, minus the Pace Contribution. E. The Village shall pay Pace within thirty (30) days of receiving the monthly bill for the Local Share. 2019 LSA Page 1 Village of Elk Grove F. A Cost Estimate Worksheet containing estimated ridership, expenses, fares and Pace subsidy for Net Operating Cost and Call Center Cost is contained in Exhibit B, attached to and made a part of this Agreement. 5. Independent Relationship. Pace is an independent contractor and not an employee, agent, joint venturer or partner of the Village, and nothing in this agreement shall be construed as creating any other relationship between the Village and Pace, or between any employee or agent of Pace and the Village. Pace employees shall at all times remain employees of Pace, which shall be solely responsible for all aspects of their employment, including, without limitation, compensation, benefits, payment or withholding of taxes, Social Security, Medicare, unemployment or other insurance, and workers compensation. 6. Insurance. Pace elects to provide the services more specifically set forth by subcontracting with one or more outside providers. Pace shall require the outside service providers to arrange for the Village to be named as additional insured under the outside service providers' auto liability policies of insurance with respect to claims asserted against the Village arising from any negligent acts or omissions of the outside service providers in connection with the services as described in this agreement. Pace shall provide copies of the initial Certificates of Insurance to the Village. Thereafter, the Village shall be responsible for tracking and monitoring their additional insured status on outside service providers' auto liability policies of insurance. 7. Indemnification. Pace agrees to indemnify and defend the Village, and its officers, agents, and employees against claims, damages, losses and costs for property damage or personal injury to the extent caused by the negligent acts by Pace in directly providing transportation services under this Agreement. To the extent that services are provided through or by an outside contractor, Pace agrees to require the contractor to defend, indemnify and hold harmless the Village, and its officers, agents, and employees for claims, damages, losses, and costs for property damage or personal injury to the extent caused by the negligent acts by said contractor in providing transportation services under this Agreement. The Village agrees to provide Pace with timely notice of any such claim. In the event that Pace does not require such indemnification and defense of its outside contractors, Pace agrees that it shall assume responsibility for said indemnification and defense. With respect to any lawsuit that is within the scope of coverage and/or indemnity afforded above, Pace (or the outside contractor, as applicable) shall have the right and duty to defend the Village, including the right to select defense counsel and control the defense of such lawsuit. In the event of any conflict of interest that would prevent Pace from controlling such defense or that would require Pace to allow the Village to select independent defense counsel, Pace will reimburse the reasonable attorney's fees and expenses incurred in such defense by the Village, provided however that the hourly rates of such counsel shall not exceed the hourly rates ordinarily paid by Pace for its outside counsel for defense of similar types of lawsuits. 8. Failure To Perform. Pace will not be responsible for any failure on the part of the Contractor to provide service due to circumstances beyond the reasonable control of the Contractor or Pace. Pace shall make every reasonable effort to have service restored as soon as practical under the circumstances. No fees by the carrier will be charged for service not performed. 9. Termination. This Agreement may be terminated by a party upon thirty (30) days advance written notice to the other party if: 1) sufficient funds have not been appropriated to cover the estimated 2019 LSA Page 2 Village of Elk Grove requirements by Pace or by any other agency funding the service; 2) Pace develops alternative public transportation services which, as determined by Pace, will better meet the transportation needs of the public; 3) the Village fails to make payments as required by Section 4 of this Agreement; 4) if Pace has materially failed to perform its obligations under this Agreement; or 5) the Village otherwise determines that Pace's services are not satisfactory. 10. Entire Agreement. This Agreement the Exhibit(s) attached hereto and incorporated herein constitute the entire Agreement between the Parties hereto and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, that may have related in any way to the subject matter hereof, and no other warranties, inducements, considerations, promises or interpretations, written or oral, which are not expressly addressed herein, shall be implied or impressed upon this Agreement. 11. Severability. If any provision of this Agreement is held invalid or unenforceable by an Illinois court of competent jurisdiction, such provision shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. 12. Survival. The provisions of this Agreement which, by their terms, require performance after the termination or expiration or have application to events that may occur after the termination of this Agreement, shall survive the termination or expiration of this Agreement. 13. Assignment. No Party shall assign this Agreement or the rights and obligations hereunder to any other party without the prior written consent of the other Parties. 14. Governing Law. Any dispute that arises as a result of this Agreement shall be heard in an Illinois court of competent jurisdiction and Illinois law shall be applied. The parties consent to the exclusive jurisdiction and venue of the Circuit Court for Cook County, Illinois or the United States District Court for the Northern District of Illinois for the purposes of adjudicating any matter relating to this Agreement. 15. Notices. All notices under this Agreement shall be in writing and sent by: personal service, commercial courier, certified or registered mail, return receipt requested, with proper postage prepaid, or email to the respective addresses shown below. Notice shall be considered delivered to recipient on the day of delivery if sent by personal service or commercial courier, and on the second business day after deposit in the U.S. Mail if sent by certified or registered mail. PACE VILLAGE OF ELK GROVE 550 West Algonquin road 901 Wellington Avenue Arlington Heights, Illinois 60005 Elk Grove Village, Illinois 60007 Attn: Executive Director Attn: Craig B. Johnson, Mayor 16. Authorization. Each signatory to this Agreement represents and warrants that they have full authority to sign this Agreement on behalf of the party for whom they sign and that this Agreement shall 2019 LSA Page 3 Village of Elk Grove be binding on the parties hereto, their respective partners, directors, officers, employees, agents, representatives, successors and approved assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials on the dates stated below. PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY Thomas J. Ross, Executive Director Date: VILLAGE OF ELK GROVE By: C 1^U -' n �Jdl Craig . Johnson, Mayor Date: /I? ,,Z .3 —/ y 2019 LSA Page 4 Village of Elk Grove Exhibit A TRANSPORTATION SERVICES VILLAGE OF ELK GROVE Type of Service Demand Response Paratransit service provided curb to curb. Service Operated By Pace contracts with transportation provider(s) to provide service which is subject to this Agreement. This includes private or public transportation service providers. All providers are equipped with accessible vehicles. Trip reservation Method 1-hour advance reservation for regular dial -a -ride; semi -scheduled trips are provided per the Attachment to this Exhibit A. Service Area Service within the Village of Elk Grove, excluding the industrial park area. Service to Woodfield Mall is available through transfer to fixed route #699. Semi -scheduled service is also available between Senior Housing sites and the Senior/Community Center, local grocery and shopping areas, and Stratford Square Mall, as mutually agreed upon by the Village and Pace. (See Attachment to this Exhibit A.) Service Hours Monday through Friday 9:00 a.m. to 6:30 p.m. Saturday 9:00 a.m. to 4:00 p.m. Closure Days: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. Fare Structure Full Fare $1.30 Reduced Fare $ .65 Elk Grove Village dictates the fare structure and may be subject to change The Reduced Fare category includes children ages 7-11, senior citizens age 65+, and persons with disabilities who have an RTA Reduced Fare Card, or an RTA, ADA Paratransit Services Card, and students (high school or younger with proper identification) traveling to or from school only, during school hours) Children under the age of 7 can only ride when accompanied by a fare paying passenger (a maximum of two children per fare paying passenger). The first two children under the age of 7 can ride free, with any additional children paying the reduced fare rate. Rider Eligibility Public Exhibit A 2019 Local Share Agreement VILLAGE OF I�,LK GROVE EXHIBIT A - ATTACHMENT Semi -Scheduled Transportation Services As a part of the services described in Exhibit A of the Local Share Agreement, the following pre -scheduled service will be provided at the Village's request. These services are to be provided free of charge to residents of the Village Grove Apartments and/or other senior housing complexes as may be identified rnd mutually agreed upon by the Village and Pace. The phone number to call is (847) 299-6212. Monday Service: Mallard Crossing Shopping Plaza Pick-ups beginning at 1:00 p.m., returning trips at 2:30 p.m. and 3:00 p.m. No reservations required. Tuesday Service: Mallard Crossing Shopping Plaza Pick-ups beginning at 10:00 a.m., returning trips at 11:30 a.m. and 12:00 p.m. No reservations required. Wednesday Service: Elks Crossing Plaza and Elk Grove Town Center Plaza Pick-ups beginning at 9:00 a.m., returning trips at 10:30 a.m. and 11:00 a.m. No reservations required. Thursday Service: Elks Crossing Plaza and Elk Grove Town Center Plaza Pick-ups beginning at 10:00 a.m., returning trips at 11:30 a.m. and 12:00 p.m. No reservations required. Exhibit A 2019 Local Share Agreement Exhibit COST ESTIMATE WORKSHEET 2019 LOCAL SHARE AGREEMENT PROJECT: VILLAGE OF ELK GRO17E WEEI DAY SATURDAY TOTAL REVENUE $ 12,781 $ 19420 $ 14,201 EXPENSE $4491250 $ 49,917 $499,167 DEFICIT $436,469 $ 48,497 $484,966 PACE SUBSIDY $145,246 $ 165138 $1619384 LOCAL SHARE $2911721 $ 32,359 $3249080 RIDERSHIP 195911 2,212 22,123 VEHICLE HOURS 65451 717 75168 Cost Estimate Worksheet 2019 Local Share Agreement