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HomeMy WebLinkAbout8598RESOLUTION NO. 8598 A RESOLUTION AWARDING/RENEWING THE SERVICE AGREEMENT FOR 1999/2000 SPECIALIZED TRANSPORTATION SERVICE, (RFP- 98 -069) AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME. WHEREAS, Proposals for 1999/2000 Specialized Transportation Service (RFP -98 -069) were received and examined; and WHEREAS, the Proposal of Pueblo Senior Citizens Resource Development and Coordinating Agency, Inc. of Pueblo, Colorado was determined to be the most responsive and responsible; and WHEREAS, the proposal provided for a renewal option for two years; and WHEREAS, Pueblo Senior Citizen Resource Development & Coordinating Agency Inc. of Pueblo has submitted an equitable renewal proposal; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. A service agreement for 1999 -2000 Specialized Transportation Service (RFP - 98-069) be, and the same is hereby awarded to said bidder in the amount of $16.26 per revenue hour in 1999 and not to exceed $250,000. In 2000, contingent upon funding by City Council, the hourly amount shall be $16.74 per revenue hour not to exceed $275,775. SECTION 2. The President of City Council be, and she is hereby authorized to execute the renewal option on behalf of Pueblo, a Municipal Corporation and Pueblo Transit, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. Funds for said project shall be paid from the 013 - 400 - 470 -000 - 030 -0105 Transit operations fund. INTRODUCED December 28, Vema LIM Councilperson APPROVED :� a/ ProsNeM a q&ffwo ATTEST: Council Agenda Title: Award Contract for Citi -Lift, 1999 — 2000 Agenda Item #: Pueblo Transit Date: December 28, 1998 ISSUE: Awarding the contract for the paratransit service known as Citi- Lift for the two -year period of 1999 -2000. RECOMMENDATION: Staff recommends that Council award contract to S.R.D.A. BACKGROUND: Since June 1, 1990, Pueblo Transit has provided complimentary paratransit service (Citi -Lift) for compliance with Section 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act of 1991. Citi -Lift services have been contracted out to Pueblo S.R.D.A. since its inception via the competitive bid process. S.R.D.A. desire to continue providing paratransit service for contract years 1999 and 2000. As in previous years, Pueblo Transit solicited bids in November and on December 1, 1998, bids were opened for the contract years 1999 and 2000. Conditional upon appropriations by the Pueblo City Council with a renewal option for two (2) additional years. FINANCIAL IMPACT: The cost for service in 1999 is limited to $16.26 per revenue hour or an amount not to exceed $250,000. The cost for service in 2000 is limited to $16.74 per revenue hour for an increase of 3% per revenue hour. PUEBLO TRANSIT CONTRACT FOR CITI -LIFT SERVICE I Procurement II Scope of Services III Time of Performance IV Independent Contractor V Compensation and Method of Payment VI Performance Standards/Liquidated Damages VII Inspections VIII Contract Changes IX Disputes X Termination XI Non - Waiver XII Assignment XIII Indemnity XIV Equal Employment Opportunity XV Disadvantaged Business Enterprise XVI Conflict of Interest XVII Notices XVIII Choice of Law XIX Insurance XX Inspection of Records XXI Permitted Business XXII Subcontracts and/or Third Party Contracts XXIII Contractor's Warranties XXIV Non - Collusion XXV Ethics XXVI Bribery XXVII Force Majeure XXVIII Entire Agreement XXIX Binding Agreement Appendices A Scope of Services B Performance Standards and Liquidated Damages C Certification Forms /Guidelines D Lease Agreement Citi -Lift Contract Page 2 CONTRACT FOR CITI -LIFT SPECIAL TRANSPORTATION SERVICES BETWEEN PUEBLO TRANSIT, A NON - PROFIT CORPORATION AND SENIOR RESOURCE DEVELOPMENT AGENCY, INC. THIS Contract, made and entered into this 1st day of January 1999, by and between the PUEBLO TRANSIT of Pueblo/Pueblo Transit, with principal offices at 350 South Grand Avenue, Pueblo, Colorado 81003 (hereinafter referred to as PUEBLO TRANSIT), and Senior Resource Development Agency, Inc., a with principal offices at 230 North Union Avenue, Pueblo, Colorado 81003 (hereinafter referred to as CONTRACTOR). WITNESSETH: WHEREAS, PUEBLO TRANSIT has determined a need for complementary paratransit services (hereinafter referred to as Citi-Lift) to accommodate persons with disabilities and meet federal statutory requirements; and, WHEREAS, PUEBLO TRANSIT invited proposals for said services and determined that the CONTRACTOR was the lowest responsive and responsible bidder, and; WHEREAS, PUEBLO TRANSIT and CONTRACTOR desire to enter into a Contract whereby CONTRACTOR is to furnish PUEBLO TRANSIT'S requirements of Citi -Lift service for a two -year period with two additional one -year options as described herein; NOW, THEREFORE, in consideration of the mutual promises, covenants and obligations hereinafter provided, it is mutually agreed between the parties as follows: I. PROCUREMENT For and in consideration of the compensation hereinafter set forth, CONTRACTOR shall provide the Scope of Services in accordance with the provisions, terms and conditions of this Contract, related addenda and appendices. In the event of any inconsistency or conflict between any of the documents attached to this Contract, the terms of the Contract shall govern. II. SCOPE OF SERVICES CONTRACTOR shall, upon receipt of PUEBLO TRANSITSs notice to proceed, perform all work necessary to complete in a manner satisfactory to PUEBLO TRANSIT, the services set forth, described and referenced in Appendix A: Scope of Services, attached hereto and by this reference incorporated herein and made a part hereof. Citi -Lift Contract Page 3 111. TIME OF PERFORMANCE The services to be performed under this Contract shall be for the two (2) year period commencing January 1, 1999, and continuing through December 31, 2000, subject to annual appropriations of the PUEBLO TRANSIT of Pueblo. Any provision of this Contract or its attachments, or any renewal or extension permitted under same, which imposes or may impose upon PUEBLO TRANSIT, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent to the original year of execution of the Contract is expressly made contingent upon and subject to funds for such financial obligation being lawfully appropriated, budgeted and otherwise made available to PUEBLO TRANSIT. PUEBLO TRANSIT shall have the option to extend this Contract upon the same terms and conditions for two additional one -year periods, with first the option year commencing on January 1, 2001 and ending on December 31, 2001, and the second option year commencing on January 1, 2002 and ending on December 31, 2002. IV. INDEPENDENT CONTRACTOR CONTRACTOR's relationship to PUEBLO TRANSIT in the performance of this Contract is purely contractual and is that of an independent contractor. CONTRACTOR's employees performing services under this Contract shall at all times be under CONTRACTOR's exclusive direction and control and shall be CONTRACTOR'S employees in connection with this Contract and CONTRACTOR shall be responsible for all reports and obligations respecting them, including but not limited to social security, income tax withholding, unemployment compensation, worker's compensation insurance and similar matters, and shall indemnity and hold PUEBLO TRANSIT harmless therefrom. V. COMPENSATION AND METHOD OF PAYMENT PUEBLO TRANSIT agrees to pay CONTRACTOR, in accordance with the terms of this Contract, all addenda and appendices related thereto and CONTRACTOR'S Proposal, the following: Payment of $16.26 per revenue vehicle hour actually operated by CONTRACTOR. For the purposes of this Contract, a revenue vehicle hour shall be defined as one (1) Citi -Lift revenue vehicle: 1) available to transport passengers during a continuous sixty (60) minute period. Revenue vehicle hours excludes all vehicle travel time to and from PUEBLO TRANSIT's maintenance yard, but includes travel time to /from the intended pickup point of no -show passengers. PUEBLO TRANSIT shall deduct from CONTRACTOR's monthly variable cost invoice the following amounts: Any amount which, based on reasonable cause, PUEBLO TRANSIT determines has been omitted, inaccurately or falsely reported by CONTRACTOR. PUEBLO TRANSIT has the right to monitor and periodically audit CONTRACTOR's fare collection, revenue control and reporting procedures without notice. The amount that has been assessed by PUEBLO TRANSIT as liquidated damages. PUEBLO TRANSIT shall calculate such amounts according to the conditions and procedures described in Section VI and Appendix B: Performance Standards and Liquidated Damages of this Contract. Payment of the above compensation shall be in accordance with the following procedures: Citi -Lift Contract Paee 4 On or before the fifteenth day of each month, CONTRACTOR shall submit an invoice for revenue vehicle hours actually provided during the preceding calendar month. PUEBLO TRANSIT shall not accept CONTRACTOR's invoice until PUEBLO TRANSIT receives all daily, monthly, and annual occurrence reports that are required of CONTRACTOR, in proper form. PUEBLO TRANSIT shall have the opportunity to investigate to its satisfaction that the revenue vehicle hours billed by CONTRACTOR were actually provided in accordance with the Contract. Subject to PUEBLO TRANSIT's verification of CONTRACTOR'S invoice, PUEBLO TRANSIT shall make payment within thirty (30) days following the acceptance of CONTRACTOR's invoice. In the event PUEBLO TRANSIT requires additional documentation from CONTRACTOR, or requires additional time to investigate services, CONTRACTOR shall be notified in writing as to that effect and any remedies requested of CONTRACTOR. If PUEBLO TRANSIT disputes all or part of CONTRACTOR's invoice for reasonable cause, it may withhold payment until such disputes are resolved. VI. PERFORMANCE STANDARDS/LIQUIDATED DAMAGES CONTRACTOR specifically acknowledges that PUEBLO TRANSIT has established performance standards for Citi -Lift service. PUEBLO TRANSIT shall assess CONTRACTOR's performance and may impose liquidated damages for revenue vehicle hours operated below the performance standards identified in Appendix A: Scope of Services. Liquidated damages shall be applied according to the schedule contained in Appendix B: Liquidated Damages. PUEBLO TRANSIT shall have the right to modify Citi -Lift performance Standards at any time to accommodate passenger needs. In such event, PUEBLO TRANSIT shall notify CONTRACTOR of changes at least thirty (30) days prior to the effective date of such changes. PUEBLO TRANSIT may waive the liquidated damages where circumstances are clearly beyond the control of the CONTRACTOR. PUEBLO TRANSIT's Director of Transit, whose decision shall be considered final, shall consider any request for such waiver by CONTRACTOR. VII. INSPECTION AND AUDIT OF RECORDS PUEBLO TRANSIT shall have the right to monitor CONTRACTOR's employees and procedures, review all reports, driver manifests, dispatch logs and related items at any time during the Contract period. PUEBLO TRANSIT shall have the right to reject all revenue vehicle hours that fail to comply with the Scope of Services and requirements of this Contract and the documents incorporated herein. CONTRACTOR shall maintain complete and accurate separate books of account and records of its business operations under and in connection with this Contract during the term of this Contract and for a minimum period of three (3) years after completion of the Contract. Such books of account and records shall be kept in accordance with generally accepted accounting practices and principles and kept intact and readily accessible. Citi -Lift Contract Pase 5 CONTRACTOR shall permit PUEBLO TRANSIT, Secretary of Transportation and the Comptroller of the United Stated, or their authorized representatives to inspect all work, services, payrolls, and other data and to audit the books, records and accounts of CONTRACTOR pertaining to this Contract. Within thirty (30) days after the expiration or termination of this Contract, and at such other times as PUEBLO TRANSIT may reasonably request, CONTRACTOR shall furnish and deliver reports of its business operations in such detail as PUEBLO TRANSIT may prescribe. All reports furnished by CONTRACTOR in accordance with this Contract shall be certified by an officer of CONTRACTOR, be correct and in accordance with CONTRACTOR's books of account and records. CONTRACTOR shall provide annually to PUEBLO TRANSIT, within ninety (90) days following the end of the year, a report certified by CONTRACTOR's independent certified public account that the information and reports furnished by CONTRACTOR to PUEBLO TRANSIT have been maintained and furnished in accordance with CONTRACTOR's books of accounts and records and in accordance with the requirements of this Contract. VIII. CONTRACT CHANGES PUEBLO TRANSIT reserves the sole and absolute right to make changes in Citi -Lift service from time to time as dictated by PUEBLO TRANSIT's needs. If such changes require an annualized adjustment in the number of revenue vehicle hours provide for more than twenty -five percent (25 %) of the base level of service identified in Appendix A: Scope of Services, paragraph C.6, CONTRACTOR and PUEBLO TRANSIT shall in good faith negotiate an adjustment in the rate per revenue vehicle hour. Any such change shall require that this Contract be modified in writing and executed by the duly authorized representative of PUEBLO TRANSIT and CONTRACTOR. IX. DISPUTES Any claim or dispute concerning questions of fact or law arising out of or relating to this Contract, its performance or alleged breach, which is not disposed of by agreement of the parties, shall be decided by PUEBLO TRANSIT's Director of Transit who shall render a decision in writing on the issues in dispute and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the Director of Transit shall be final and binding on Contractor and PUEBLO TRANSIT. CONTRACTOR agrees to proceed in a manner consistent with the decision(s) of PUEBLO TRANSIT's Director of Transit. X. TERMINATION 1. Default PUEBLO TRANSIT may terminate this Contract upon thirty (30) days prior written notice to CONTRACTOR in any of the following circumstances: If CONTRACTOR fails to provide the services required by this Contract within the time(s) specified herein; or If CONTRACTOR fails to perform any of the other provisions of this Contract and does not cure such failure or breach within a period of ten (10) days after written notice from PUEBLO TRANSIT specifying such failure. Citi -Lift Contract Page 6 In the event of termination under this subparagraph, PUEBLO TRANSIT shall have the right to procure, on such terms and in such manner as it deems appropriate, services similar to those terminated and to recover from CONTRACTOR the excess cost for such similar services. PUEBLO TRANSIT's rights under this subparagraph shall be in addition to any other rights provided by law or this Contract. 2. Convenience PUEBLO TRANSIT may terminate this Contract without cause upon ninety (90) days prior written notice to CONTRACTOR. In such event, CONTRACTOR shall provide the services to the effective date of termination, and PUEBLO TRANSIT shall make payment in accordance with applicable provisions of this CONTRACT for the revenue vehicle hours provided prior to the effective date of termination. 3. Bankruptcy or Insolvency PUEBLO TRANSIT shall have the right to immediately terminate this Contract, without further cost or liability, in the event of the occurrence of any of the following: insolvency of CONTRACTOR; the institution of a voluntary or involuntary bankruptcy proceeding by or against CONTRACTOR; assignment by CONTRACTOR for the benefit of creditors; or the appointment of a receiver or trustee to manage the property of CONTRACTOR. 4. Termination Due to Unavailability of Funds in Succeeding Fiscal Years When funds are not appropriated or not otherwise made available to PUEBLO TRANSIT to support continuation of performance and payment under this Contract in a subsequent fiscal year, the Contract shall terminate and cancel on the first day of such fiscal year. XI. NON - WAIVER CONTRACTOR and PUEBLO TRANSIT agree that in no event shall the making or receipt of any payment under this Contract constitute or be construed as a waiver by one party of any breach of covenant or default on the part of the other party which may then exist. The making or receipt of any payment under this Contract while any such breach or default exists, shall in no way impair or prejudice any right or remedy available to a party in respect to such breach or default. The remedies available to the parties under this Contract are, unless indicated otherwise herein, cumulative and not exclusive. The waiver or exercise of any remedy shall not be construed as a waiver of any other remedy available hereunder or general principles of law or equity. XII. ASSIGNMENT CONTRACTOR may not assign or sublet this Contract or any provisions herein. XIII. INDEMNITY CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless PUEBLO TRANSIT and its directors, officers, agents and employees, from and against any and all claims, suits, actions for loss damages, cost and expense (including attorneys' fees) caused by or arising in any way from CONTRACTOR's activities or actions under this Contract. Such actions of CONTRACTOR shall include but not be limited to: Citi -Lift Contract Page 7 Any infringement or claim of infringement of patents, trademarks or copyrights in the use or resale of any articles covered by this Contract, unless said materials or articles are made specifically to PUEBLO TRANSIT's design or method. Failure by CONTRACTOR to comply with all applicable federal and state laws and regulations enacted now or to be enacted in the future pertaining to the services, material or articles to be ordered and labor expended under this Contract. All claims, suits, actions, costs, counsel fees, expenses, damages, judgments or decrees arising from personal injury, death or property damage. Any and all loss incurred by illegal use or distribution of transfers by unauthorized persons in CONTRACTOR's organization. CONTRACTOR agrees promptly to notify PUEBLO TRANSIT in writing of the assertion of any such claim, suit or action in which PUEBLO TRANSIT is named or threatened to be named a defendant. XIV. EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR agrees to comply with all applicable federal and state laws and regulations promulgated thereunder. CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, age, disability or national origin. CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, sex, age, disability or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay -off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Compliance with Regulations CONTRACTOR shall comply with federal and state regulations relative to non - discrimination cited above, which are herein incorporated by reference and made a part of this Contract. In the event of CONTRACTOR's non - compliance with the provisions of this Equal Employment Opportunity clause, CONTRACTOR may be declared ineligible for future contracts or subcontracts with PUEBLO TRANSIT, and the Contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by the statute or regulation. 2. Non - discrimination With regard to the work performed during the Contract, CONTRACTOR shall not discriminate on the grounds of race, color, creed, sex, age, disability or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by the statute and regulations referenced herein. Citi -Lift Contract Page 8 3. Solicitations for Subcontractors, Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the CONTRACTOR for subcontract work to be performed, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the CONTRACTOR's obligations under this contract and the laws and regulations relative to non - discrimination on the grounds of race, color or national origin. 4. Information and Reports CONTRACTOR shall provide all information and reports required by 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 PUEBLO TRANSIT to ascertain compliance with such regulations, orders and instructions. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to PUEBLO TRANSIT and shall set forth what efforts it has made to obtain the information. • 5. Incorporation of Provisions CONTRACTOR shall include the above Equal Employment and Non - Discrimination provisions in every subcontract, including procurement of materials and leases of equipment, unless exempt by regulation or directive issued pursuant thereto. CONTRACTOR shall take action with respect to any subcontract or procurement as PUEBLO TRANSIT may direct as a means of enforcing such provisions, including sanctions for non - compliance, provided however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, CONTRACTOR may request PUEBLO TRANSIT to enter into such litigation to protect the interests of PUEBLO TRANSIT, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. XV. DISADVANTAGED BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBE) as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently the DBE requirements of 49 CFR Part 23, as amended or superseded, apply to this CONTRACT. CONTRACTOR shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. CONTRACTOR and its 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. CONTRACTOR and its subcontractors shall not discriminate on the basis of race, color, creed, sex, age, disability or national origin in the award and performance of federally assisted contracts. CONTRACTOR shall include the provisions of this section in every subcontract, including procurement of materials and leases of equipment. Failure to carry out the requirements set forth above shall constitute a breach of contract and may result in termination of the contract or such remedy as deemed appropriate. Citi -Lift Contract Pa .ge 9 XVI. CONFLICT OF INTEREST Under no circumstances shall a member or delegate to the Congress of the United States, or a member or officer or employee of the State of Colorado or PUEBLO TRANSIT during his/her tenure and for one year thereafter, be permitted to participate in any share of this Contract or to any benefits therefrom. Elected or appointed federal, state and local officials who are employees, officers, shareholder or owners of a firm may participate in the award of, or performance of this Contract or any subcontract resulting from this Contract provided that: (a) The subcontract or purchase agreement is made pursuant to an award made after disclosure by the governmental official of the nature of the interest; (b) The award is made pursuant to PUEBLO TRANSIT approval; and, (c) The award is the low responsive and responsible bid. CONTRACTOR agrees that none of its officers, employees or agents, by reason of this Contract, is or was authorized to hold themselves out or claim to be officers, employees or agents of the State of Colorado or PUEBLO TRANSIT, and that none of them is permitted by CONTRACTOR, by reason of this Contract, to make any claim, demand or application to or for any right of privileges concerning workmen's compensation and occupational diseases coverage, unemployment compensation benefits, Social Security coverage or retirement membership or credit. XVII. NOTICES Any notice or order provided for in this Contract shall be considered as having been given to PUEBLO TRANSIT if hand delivered or mailed by certified mail, postage prepaid to: Director of Transit Pueblo Transit 350 S. Grand Ave Pueblo, Colorado 81003 to CONTRACTOR if mailed by certified mail, postage prepaid to: SRDA 228 North Union Ave Pueblo, CO 81003 XVIII. CHOICE OF LAW This Contract shall be construed and interpreted in accordance with the laws of the State of Colorado. XIX. INSURANCE The CONTRACTOR shall indemnify, defend and hold harmless PUEBLO TRANSIT and its officers, agents, employees, and business visitors from any and all claims of damage to property or injury to person which may arise from the performance or services under this Contract. Prior to commencing work, CONTRACTOR shall furnish a Certificate of Insurance showing the minimum limit of insurance coverage. Citi -Lift Contract Page 10 WORKER'S COMPENSATION - Statutory limits required by State law. EMPLOYERS' LIABILITY - $500,000 minimum limit. COMMERCIAL GENERAL LIABILITY - $1,000,000 Bodily Injury and Property Damage (Combined Single Limit) COMPREHENSIVE AUTOMOBILE LIABILITY - $3,000,000 Bodily Injury and Property Damage (Combined Single Limit) The Certificate of Insurance shall name PUEBLO TRANSIT as Additional Insured on all policies covered by the Certificate as to work performed for or on behalf of PUEBLO TRANSIT, services provided to or rendered on behalf of PUEBLO TRANSIT, or goods delivered to PUEBLO TRANSIT. Liability policies may be arranged under individual policies for the full limits required or by a combination of underlying policies with the balance provided by an Umbrella Liability Policy. The above - described liability insurance shall be written on an Occurrence basis. Commercial General Liability coverage shall include Premise /Operations; Dependent Contractors; Products /Completed Operations; Personal Injury, Broad Form Property Damage including Completed Operations and Contractual Coverage. All insurance companies providing the required coverage must be at least "A" rated by A.M. Best and licensed to conduct business in the State of Colorado. Additionally, all certificates furnished must contain a statement that PUEBLO TRANSIT's Director of Transit will receive thirty (30) days advance notice of any policy cancellation other than cancellation for non - payment of premium; or ten (10) days' advance notice for policy cancellation due to non - payment of premium. XX. INSPECTION OF RECORDS If the services to be performed hereunder relate to a federal or state government grant, the U. S. Department of Transportation, Colorado Department of Transportation, the Comptroller General of the United States, and PUEBLO TRANSIT, or any of their duly authorized representatives, shall have the right to examine directly pertinent books, documents, papers and records of CONTRACTOR involving transactions related to this Contract. Such right shall continue for three (3) years following the final payment made by PUEBLO TRANSIT under this Contract. XXI. PERMITTED BUSINESS CONTRACTOR shall be authorized to do business in the State of Colorado and PUEBLO TRANSIT of Pueblo. CONTRACTOR, at its own expense, shall obtain and maintain all necessary licenses and permits in order to enable it to operate within these jurisdictions. CONTRACTOR shall furnish PUEBLO TRANSIT with evidence of compliance with the provisions of this paragraph. XXII. SUBCONTRACT AND /OR THIRD PARTY CONTRACTS CONTRACTOR shall not enter into any contracts or agreements that may impact the provision of services under this Contract without prior written consent of PUEBLO TRANSIT. CONTRACTOR shall be solely responsible for all legal and financial responsibilities relating to execution of contracts or third party agreements. Citi -Lift Contract Page 11 XXIII. CONTRACTORS WARRANTIES CONTRACTOR hereby warrants that it has taken all corporate actions necessary to authorize it to enter into this Contract. CONTRACTOR warrants that there is no provision of its charter, and to its knowledge no law, ordinance or regulation, which prohibits CONTRACTOR from entering into or performing this Contract or which renders unenforceable against CONTRACTOR any provision of this Contract. Upon execution of this Contract, CONTRACTOR will deliver to PUEBLO TRANSIT an opinion of counsel, acceptable to PUEBLO TRANSIT, that this Contract is legally binding upon CONTRACTOR and shall furnish to the CONTRACTOR a certified copy of the resolution authorizing the execution of this Contract. XXIV. NON- COLLUSION CONTRACTOR warrants that it has not paid and agrees not to pay any bonus, commission, fee, or gratuity to any employee or official of PUEBLO TRANSIT for the purposes of obtaining their approval of the CONTRACTOR's proposal or actions pursuant to this Contract. No director, officer, agent, or employee of PUEBLO TRANSIT shall be admitted to any share or part of this Contract or to any direct benefit arising therefrom. XXV. ETHICS CONTRACTOR shall maintain a written code or standard of conduct that shall govern the performance of its officers, employees or agents engaged in the administration of this Contract. XXVI. BRIBERY CONTRACTOR certifies that: (a) It has not committed bribery or attempted to bribe an officer or employee of PUEBLO TRANSIT; (b) It has not made an admission of guilt of such conduct which is a matter or record; and, (c) It does not have an official, agent or employee who has committed bribery or attempted bribery on its behalf pursuant to the direction or authorization of a responsible official of CONTRACTOR. XXVII. FORCE MAJEURE PUEBLO TRANSIT shall not be liable to CONTRACTOR for any failure, delay, or interruption of Citi- Lift service, or for any failure or delay in the performance of any obligation under this CONTRACT due to strikes, walkouts, acts of God, government restrictions, enemy action, civil commotion, unavoidable casualty, unavailability of fuel or parts, or other similar acts beyond reasonable control of PUEBLO TRANSIT. XXVIII. ENTIRE AGREEMENT This Contract, together with appendices hereto and documents incorporated herein by reference, constitute the entire agreement between PUEBLO TRANSIT and CONTRACTOR, supersedes any and all prior written or oral agreements or understandings, and may be modified only by a writing executed by both PUEBLO TRANSIT and CONTRACTOR and shall be interpreted and enforced in accordance with Colorado Law. XXIX. BINDING EFFECT This Contract shall be binding upon and inure to the benefit of PUEBLO TRANSIT and CONTRACTOR and their respective successors. Citi -Lift Contract Page 12 IN WITNESS WHEREOF, PUEBLO TRANSIT and CONTRACTOR have executed this Contract as of the date first above written. PUEBLO TRANSIT By: Title CONTRACTOR By: � Title Citi -Lift Contract Paize 13 APPENDIX A SCOPE OF SERVICES Citi -Lift Contract Paize 14 APPENDIX A SCOPE OF SERVICES This Scope of Services contains technical specifications for Citi -Lift paratransit services to be provided by CONTRACTOR to PUEBLO TRANSIT. A. DESCRIPTION OF SERVICE Citi -Lift is the PUEBLO TRANSIT's complimentary paratransit service as required by the Americans with Disabilities Act (ADA), and as described in 49 CFR Part 37 and PUEBLO TRANSIT guidelines. Citi -Lift service is available to eligible persons only. Passenger eligibility is determined exclusively by PUEBLO TRANSIT. Using vans and small buses owned and maintained by PUEBLO TRANSIT, CONTRACTOR operates up to five revenue vehicles in pre - scheduled, demand responsive service six days per week, Monday through Saturday, 6:00 a.m. until 6:30 p.m. The service area includes the incorporated limits of the City of Pueblo, Colorado and a limited portion of Pueblo County, Colorado. CONTRACTOR is responsible for telephone information, passenger reservations, vehicle scheduling and dispatching, as well as insurance and administrative offices. B. CONTRACTOR's RESPONSIBILITIES CONTRACTOR shall be responsible for the provision of Citi -Lift service consistent with the requirements of PUEBLO TRANSIT as described in this Scope of Services. All work performed by CONTRACTOR under this Contract shall be managed and operated in accordance with guidelines, standards and parameters established herein and attachments hereto. All work performed by CONTRACTOR must meet or exceed applicable U.S. Department of Transportation and State of Colorado Department of Transportation regulations and requirements governing public paratransit services, regardless of the CONTRACTOR's assumption as to whether it is subject to the jurisdiction of these agencies. 1. Contractor's Employees CONTRACTOR shall be solely responsible for the employment and supervision of personnel necessary to perform the work specified herein. Such responsibilities shall include, but not be limited to the following: recruitment, screening, selection, training, supervision, employee relations, evaluation, retraining, and termination. CONTRACTOR shall specify the number of employees, by labor classification and status, to be used to provide Citi -Lift service. A current list of personnel assigned to the project and individual employee personnel files shall be maintained at all times. The use of independent contractors or subcontract employees shall not be permitted without the prior written permission of PUEBLO TRANSIT. Citi -Lift Contract Page 15 2. General Management CONTRACTOR shall provide general management and supervision at a level and capability sufficient to ensure the delivery of the highest possible quality service. An Operations Manager shall be designated by CONTRACTOR to make decisions and actively coordinate Citi -Lift operations. The individual selected shall be retained as an employee of CONTRACTOR. The Operations Manager shall be responsible for the safe and reliable provision of services referenced in this Scope of Services, including direct supervision of the work of CONTRACTOR's personnel. PUEBLO TRANSIT shall not require that the Operations Manager be dedicated exclusively to the Citi -Lift project; however, CONTRACTOR must identify the percentage of the Operations Manager's time that will be dedicated to on -site management of Citi -Lift operations. At a minimum, the Operations Manager shall devote at least two (2) days per week on -site. This requirement by CONTRACTOR shall be construed as a defined minimum only, and in no way relieves CONTRACTOR or its Operations Manager from spending as much time on -site as is necessary to ensure that Citi -Lift service meets or exceeds the performance standards described herein. The Operations Manager must be available by local telephone, electronic beeper, or in person at all times when Citi -Lift vehicles are in operation. In addition, CONTRACTOR shall designate at least one (1) additional management official who may be contacted by telephone at any time, in the event of an emergency and the Operations Manager cannot be reached. PUEBLO TRANSIT shall direct all official correspondence and notifications to the Operations Manager for response and appropriate action on behalf of CONTRACTOR. The Operators Manager shall be available to meet with PUEBLO TRANSIT staff at least once per month, or more often as required by PUEBLO TRANSIT, to discuss and resolve any matter raised by PUEBLO TRANSIT or CONTRACTOR. The Operations Manager must have a minimum of three (3) years of previous experience in the management of passenger transportation operations, including at least one (1) year of direct supervisory experience with drivers, scheduling and dispatch personnel, as well as a proven capacity to work effectively with paratransit customers and the general public. The Operations Manager shall show by ongoing decision and action to be competent in all aspects of the operation of service. If at any time, PUEBLO TRANSIT determines that the performance of the Operations Manager is unacceptable or inadequate, it may request in writing that CONTRACTOR secure a replacement for the position. In such event, CONTRACTOR shall submit the resume and qualifications of the proposed replacement to PUEBLO TRANSIT within thirty (30) days following issuance of PUEBLO TRANSIT's written request. CONTRACTOR shall not replace or remove the Operations Manager without the written consent of PUEBLO TRANSIT. In the event that the Operations Manager terminates from the employ of CONTRACTOR, the resume and qualifications of a proposed replacement shall be submitted to PUEBLO TRANSIT for approval. Such qualifications shall be submitted as soon as possible, but in no event later than five (5) working days prior to the departure of the incumbent Operations Manager, unless the departing employee has provided less notification to CONTRACTOR. Citi -Lift Contract Page 16 If the position of Operations Manager remains vacant for more than ten (10) working days, CONTRACTOR shall assign a senior management official or other qualified supervisor approved by PUEBLO TRANSIT to serve as the interim Operations Manager until a permanent replacement is found. CONTRACTOR shall at all times act in good faith to make all reasonable efforts to maintain the quality and continuity of its management personnel. 3. Supervisory Personnel CONTRACTOR shall provide all supervisory employees, including scheduler makers, dispatchers, road supervisors, safety and training staff, clerical and other office personnel necessary to operate Citi -Lift service to the satisfaction of PUEBLO TRANSIT. The duties of these employees shall include, but not be limited to: Accept requests for information and passenger service; prepare daily schedules; communicate with drivers in revenue service; cover accidents, incidents, and emergency situations; provide routing directions and detour instructions; correct schedule delays; make same -day changes in schedules to accommodate immediate service calls. 4. Drivers CONTRACTOR shall use appropriate screening and selection criteria before employing persons to operate vehicles in revenue service. Such criteria shall include, although not necessarily be limited to the following: (A) satisfactory employment history for the past three (3) consecutive years; (B) no criminal record for the past seven (7) consecutive years; (C) a motor vehicle record exhibiting no more than two incidents during the immediate past thirty-six (36) months, neither of which shall be a DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) conviction; (D) a physical examination, including drug /alcohol screen, which meets all federal, state and local requirements. Proof of adequate driving record for all drivers employed to provide Citi -Lift service shall be submitted to PUEBLO TRANSIT ten (10) working days before commencement of service, and thereafter for each new driver placed into service. A current list of drivers, together with a current Colorado Department of Motor Vehicles abstract of driving record for each driver, shall be provided to PUEBLO TRANSIT every six (6) months thereafter. CONTRACTOR shall require all Citi -Lift drivers to undergo a drug and alcohol screen prior to assignment to this project, and periodically thereafter as required by U.S. Department of Transportation regulation. All safety sensitive employees shall comply with PUEBLO TRANSIT drug /alcohol testing procedures. Citi -Lift drivers shall not consume, test positive for the use of, nor possess alcohol, narcotics, or dangerous drugs while on duty. Any operator suspected of violating this requirement shall be tested immediately at the sole expense of CONTRACTOR, using a chemical analysis of samples of blood or urine by a recognized hospital, clinic, or laboratory approved by PUEBLO TRANSIT and immediately removed from service until results of test are obtained. If results are negative, driver shall return to duty. CONTRACTOR shall be responsible for removing from service any driver who at any time fails to meet minimum qualifications specified in this Scope of Services, or for other reasonable causes. Citi -Lift Contract Page 17 CONTRACTOR shall be responsible for preparing all operator work assignments necessary to provide the Citi- Lift services specified in this Scope of Services. The composition of CONTRACTOR's work assignments should reflect a balance between efficient labor utilization and reasonable personnel practices which support longevity of employment and job commitment among vehicle operators. Citi -Lift drivers shall at all times while on duty wear a uniform which is neat, clean and free from apparent wear. CONTRACTOR shall adhere to such dress code throughout the Contract period. CONTRACTOR shall be responsible for ensuring that its drivers comply with the uniform requirement at all times while in revenue service. 5. Facilities and Equipment CONTRACTOR shall provide all offices and other facilities necessary to support CONTRACTOR's activities under this Contract. For practical reasons, such facilities should be located near PUEBLO TRANSIT's operating facility located at 350 S. Grand Avenue near downtown Pueblo. CONTRACTOR shall provide all equipment and supplies, including non - revenue support vehicles, mobile two -way radio system or cellular telephones, insurance, fuel, oil, lubricants, and tires for revenue and non - revenue vehicles, as necessary for the performance of this Contract. 6. Telephone Information and Reservations CONTRACTOR shall provide telephone information services for Citi -Lift customers, including: Program information; schedule availability; passenger reservations; cancellations; status of vehicle arrival times; compliments and complaints; and other information as required. CONTRACTOR shall provide its own telephone equipment and personnel for such purpose. CONTRACTOR shall utilize the telephone number (719) 546 -CITI, which shall be made available for use by PUEBLO TRANSIT for such purpose, provided, however, that CONTRACTOR shall not be allowed to use this telephone number for any other purpose unrelated to the provision of Citi -Lift service. CONTRACTOR's reservation system shall be capable of accepting passenger requests for transportation up to fourteen (14) days in advance of the day of travel, in accordance with 49 CFR Part 37 of USDOT regulations. Reservations shall be accepted by telephone Monday through Saturday from 6:45 a.m. until 5:00 p.m. An answering device, answering service, or CONTRACTOR's employee shall be available at all other times to accept reservations and cancellations. CONTRACTOR shall also have a TDD Telephone System available. CONTRACTOR shall provide two (2) incoming telephone lines between the hours of 8:00 a.m. and noon, Mondays through Fridays. During these hours, two (2) of the CONTRACTOR's employees shall be available to answer the phones as their primary function. One (1) incoming line shall be provided at all other times when vehicles are in service. During these hours, one (1) of CONTRACTOR's employees shall be available to answer the phones as his/her primary function. Citi -Lift Contract Page 18 7. Vehicle Scheduling and Dispatching CONTRACTOR shall provide a manual or computer- assisted system for developing daily routes incorporating all reservations received, and producing driver manifests /route itineraries. The system must be sufficiently efficient to generate average monthly ridership exceeding two point zero (2.0) passengers per revenue vehicle hour. The system must be sufficiently flexible to accommodate same -day changes in passenger schedules, including short- notice and immediate - notice requests for service. It must be capable of handling "will- call" pickup requests by passengers making return trips from medical appointments. At any time during the term of this Contract, PUEBLO TRANSIT, at its sole option, may elect to acquire a computer software package to assist CONTRACTOR with passenger reservations and/or vehicle scheduling. In such event, CONTRACTOR shall take all reasonable measures to cooperate fully with PUEBLO TRANSIT to make complete use of such software. PUEBLO TRANSIT shall have the exclusive right to determine the attributes and capabilities of such software, and shall bear the costs of purchasing and installing the system on CONTRACTOR's fully compatible hardware. PUEBLO TRANSIT shall provide at least sixty (60) days advance notification to CONTRACTOR of its intent to supply such software to enable CONTRACTOR to supply a personal computer with sufficient memory, operating system, and peripheral devices to support use of the software. PUEBLO TRANSIT shall bear the reasonable cost of training up to two (2) of CONTRACTOR's employees in the use of the software prior to making the system operational. 8. Training and Safety CONTRACTOR shall develop, implement and maintain a formal training and retraining program for all supervisory staff and drivers engaged in the provision of Citi -Lift service. Such training shall meet or exceed to training provided to PUEBLO TRANSIT employees. The driver training program must include a minimum eighty (80) hour course for new employees with no prior commercial driving experience, consisting of a combination of classroom instruction, behind - the -wheel training under the auspices of a qualified instructor, and in- service training. The program must also address formal retraining measures, including criteria for determining the success of retraining efforts. New employees with prior commercial driving experience may receive fewer hours of training, and CONTRACTOR shall use its discretion in assessing the training needs of such employees on a case -by -case basis. Passenger Assistance Training (PAT) or Passenger Service and Safety Certification (PASS) must be provided to all drivers by a certified PAT or PASS trainer as part of the 80 hours. This training must focus on preferred techniques to be used when transporting passengers with disabilities, including non - ambulatory passengers. CONTRACTOR's training program shall further include at least four (4) hours of sensitivity training which are required by 49 CFR Part 37 of USDOT regulations. The sensitivity training must emphasize treating persons with disabilities with courtesy and respect and the types of disabilities drivers may encounter. The training program shall include a safety component, through which Citi -Lift passengers, CONTRACTOR and PUEBLO TRANSIT may be assured that the service provided at all times remains as safe as possible. The safety component shall include, but not necessarily be limited to: Regularly scheduled employee safety meetings; participation in National Driver Safety Council programs; information and incentives to encourage safe operating practices; and participation in risk management activities recommended by CONTRACTOR's insurance provider. Citi -Lift Contract Page 19 CONTRACTOR shall submit written documentation of its training program and annual training schedule to PUEBLO TRANSIT at least five (5) days prior to the initiation of service delivery. Upon commencement of service and at all times thereafter, the Operations Manager, supervisory personnel and drivers must be fully knowledgeable of all aspects of Citi -Lift operation, including, but not necessarily limited to: Schedules; fares; vehicle and communications equipment; customer service requirements; incident and accident reporting procedures; passenger data and survey procedures; passenger assistance techniques; and PUEBLO TRANSIT fixed routes. 9. Handling Operational Emergencies CONTRACTOR shall develop, implement and maintain formal written procedures to assist its employees to effectively handle emergencies and routine operational problems that occur from time to time. Examples of occurrences to be covered by written guidance include, but are not limited to: In- service vehicle failures; lift failures on in- service vehicles; passenger disturbances; vehicle accidents; and on -board injuries. CONTRACTOR shall submit written documentation of such procedures to PUEBLO TRANSIT at least five (5) days prior to the initiation of service delivery. 10. Accident and Incident Investigation Any accident or incident that might cause injury to CONTRACTOR, PUEBLO TRANSIT, or third party shall be immediately recorded and investigated by CONTRACTOR. PUEBLO TRANSIT shall be informed by telephone immediately following the occurrence of any accident or incident, and furnished with a written report within twenty -four (24) hours after the occurrence, regardless of fault. Accidents shall be recorded on a standard form and accompanied by police reports. Incidents involving passengers' behavior, threats and disputes shall be documented and reported to PUEBLO TRANSIT in narrative format. CONTRACTOR shall submit written documentation of its accident and incident handling procedures to PUEBLO TRANSIT at least five (5) days prior to the initiation of service delivery. Failure to comply with any of the above submittal and reporting requirements may obligate PUEBLO TRANSIT to enforce stated Performance Standards and Liquidated Damages. 11. Service Complaints CONTRACTOR shall cooperate fully in the complaint resolution process administered by PUEBLO TRANSIT. Passengers shall be advised that complaints are to be directed to PUEBLO TRANSIT. All customer complaints about Citi -Lift service received by CONTRACTOR shall be referred to PUEBLO TRANSIT for processing. PUEBLO TRANSIT shall forward to the CONTRACTOR a summary of each complaint received about any aspect of Citi -Lift service involving CONTRACTOR. Within five (5) working days, CONTRACTOR shall furnish PUEBLO TRANSIT an explanation of the complaint or problem in writing. Such explanation shall be made on PUEBLO TRANSIT's form and be in sufficient detail, including the action(s) taken to resolve the complaint or problem. Citi -Lift Contract Paize 20 12. Fare Collection CONTRACTOR shall charge fares and strictly adhere to fare policies established by PUEBLO TRANSIT. CONTRACTOR shall be solely responsible for the collection of fares using the fareboxes provided by PUEBLO TRANSIT. CONTRACTOR's employees shall not attempt to open fareboxes or handle fares collected from passengers. A daily revenue summary report shall be submitted to PUEBLO TRANSIT each working day following the collection of fares. This report shall indicate the following: date; driver name and badge number; run number; bus number; the total value of coins and currency collected; the total number of rehabilitation tickets collected; number of Personal Care Attendants/No -Fare passengers; and total passengers carried. CONTRACTOR shall be required to retain all completed Citi -Lift service schedules for inspection by PUEBLO TRANSIT for a maximum of three (3) years from date of final payment under the Contract. CONTRACTOR's vehicle operators shall have recorded the actual amount of fare collected from each passenger in the designated column on each sheet at the time the fare was collected. All such fare records must be written in the individual operator's own handwriting, and not affected by erasure or obscured by correction fluid or tape. Mistakes shall be marked out with an "X" and the correct amount recorded immediately above the mistake and initialed by the vehicle operator. Such documents shall be reviewed at PUEBLO TRANSIT's discretion. 13. Data Collection, Record - Keeping and Reporting CONTRACTOR shall submit operating data and other information to the satisfaction of PUEBLO TRANSIT, according to a schedule established by PUEBLO TRANSIT. CONTRACTOR shall submit samples of data collection, recordkeeping and reporting forms as prescribed in this section for the PUEBLO TRANSIT's review. CONTRACTOR shall make reasonable modifications at the request of the PUEBLO TRANSIT and shall cooperate fully with PUEBLO TRANSIT if modifications are needed over time. PUEBLO TRANSIT may modify or expand the CONTRACTOR's data collection and reporting requirements at any time as necessary to accommodate its need to monitor any aspect of the Citi -Lift system. CONTRACTOR shall be required to submit the following documents, reports, and related assistance to PUEBLO TRANSIT. A. Daily Reports 1. A work roster indicating the following information: run number; name and badge number of all drivers assigned to operate each run; scheduled and actual pull -out times of each run; scheduled and actual pull -in time; vehicle number(s) assigned to each run; revenue collected by vehicle; and daily mileage for each vehicle operated. 2. A dispatch incident log recording the time, run number and nature of all occurrences, including but not limited to: Schedule delays of fifteen (15) minutes or longer; in- service vehicle breakdowns; vehicle and driver reliefs; accidents; incidents; wheelchair lift/ramp assisted passenger; and no- shows. 3. Daily revenue summary report as specified in Section 12 of this Scope of Services. Citi -Lift Contract Page 21 B. Monthly Reports 1. Operating report summarizing total passengers, revenue and deadhead miles and hours operated. 2. Service report indicating number of passengers in wheelchairs, number of trips not served within one hour of requested time, number of trips not served, cancellations, and subscription trips by time of day. C. Other Reports 1. CONTRACTOR shall collect National Transit Database random trip sample data as directed using forms provided by PUEBLO TRANSIT and provide other information required under National Transit Database. 2. CONTRACTOR shall cooperate with the PUEBLO TRANSIT in the conduct of periodic opinion and ridership surveys. CONTRACTOR shall permit personnel authorized by PUEBLO TRANSIT to review daily trip sheets and other records or to ride any vehicle at any time during normal operation for the purpose of monitoring the service. No fare shall be charged of such persons, provided that appropriate identification is shown to the driver. 14. Accounting All costs incurred in the performance of this project shall be recorded in an account separate from those used for other business activities of CONTRACTOR. All records relating to this project shall be available for inspection or audit by personnel or designated representatives of PUEBLO TRANSIT. 15. Marketing Assistance CONTRACTOR may periodically be requested to participate in various aspects of PUEBLO TRANSIT's marketing program, including but not limited to: Distributing brochures and promotional information to passengers; conducting on -board surveys; making presentations and attending meetings as requested by PUEBLO TRANSIT. No materials shall be distributed unless approved by PUEBLO TRANSIT. 16. Non - Authorized Use of Revenue Vehicles CONTRACTOR shall not be permitted to use the revenue vehicles furnished by PUEBLO TRANSIT to provide the paratransit services described in this Scope of Services for any other service unless directed to do so by PUEBLO TRANSIT. 17. Advertising on Vehicles No exterior or interior advertising shall be permitted on any revenue vehicle without the prior written approval of PUEBLO TRANSIT. This applies to both commercial and non - commercial advertising. Citi -Lift Contract Paee 22 C. PUEBLO TRANSIT's RESPONSIBILITIES 1. Service Characteristics PUEBLO TRANSIT shall have the exclusive right to determine all characteristics of Citi -Lift service. PUEBLO TRANSIT, at its sole option, may modify the service level, fare, eligibility criteria, or any other aspect of Citi -Lift service. 2. Revenue Vehicles PUEBLO TRANSIT shall furnish all vehicles used to provide Citi -Lift service. Vehicles shall be furnished in "AS IS" condition. CONTRACTOR shall maintain the vehicles in good condition and state of repair, and upon termination of the Contract shall surrender possession thereof to PUEBLO TRANSIT in the same condition, reasonable wear and tear excepted. PUEBLO TRANSIT makes no representation or warranty of any kind, express or implied, with respect to the vehicles, whether as to merchantability or fitness for a particular purpose or any other matter. As of January 1, 1998, the revenue fleet shall include the following vehicles: Year Make/Model Mileage Seats Accessible Features 1995 Ford Econoline 47,369 12 - 2 W/C W/C Lift 1995 Ford Econoline 54,955 12 - 2 W/C W/C Lift 1995 Ford Econoline 58,042 12 - 2 W/C W/C Lift 1990 Ford Econoline 241,640 12 - 2 W/C W/C Lift 1990 Ford Econoline 233,868 12 - 2 W/C W/C Lift 1990 Ford Econoline 231,264 12 - 2 W/C W/C Lift All Citi -Lift revenue vehicles shall be housed at PUEBLO TRANSIT's operating facility located at 350 S. Grand Avenue near downtown Pueblo. CONTRACTOR shall have no right, title, or interest therein except for the right to use the vehicles on the terms set forth in this Contract. 3. Revenue Vehicle Maintenance PUEBLO TRANSIT shall provide all necessary maintenance and repair services for Citi -Lift revenue vehicles, except emergency repairs and such warranty services as are the obligation of the vehicle manufacturer. PUEBLO TRANSIT shall be responsible for all expenses, as they are incurred, of maintenance or repairs of the vehicles, including labor, materials and parts which are required, except CONTRACTOR shall be responsible for repairs due to accidents or driver negligence. Citi -Lift Contract Page 23 All maintenance shall be in accordance with the manufacturer's suggested maintenance schedule, and CONTRACTOR shall be responsible for scheduling vehicles for routine maintenance. PUEBLO TRANSIT may inspect revenue vehicles at any time for the purpose of determining whether they are being properly maintained. CONTRACTOR shall require Citi -Lift drivers to conduct daily pre -trip inspections and submit reports on a form provided by PUEBLO TRANSIT. Each driver shall conduct a pre -trip inspection prior to placing any vehicle into revenue service or assuming responsibility for operating any vehicle at any time during the service day. The scope of the pre -trip inspection shall be consistent with the requirements for drivers possessing a Commercial Drivers License (CDL), even though drivers are not required to possess a CDL license. Items included in the pre -trip inspection shall include, but not be limited to: Directional signals and flashers; headlights; brake and tail lights; windshield wipers and washers; interior lights; horn; parking brake; door and seatbelt operation; wheelchair lift or ramp operation; farebox; fire extinguisher and availability of emergency safety equipment. All drivers shall submit completed inspection reports to PUEBLO TRANSIT's maintenance foreman or other designated employee prior to departing PUEBLO TRANSIT's yard with the vehicle. At the end of a shift, Drivers will return vehicles to PUEBLO TRANSIT's yard in the same state of cleanliness, both interior and exterior, as they were picked up. 4. Marketing PUEBLO TRANSIT shall be responsible for all marketing and promotional activities relating to the transit services provided, but may request assistance of CONTRACTOR as described in this Scope of Services. 5. Liaison with Local Jurisdictions PUEBLO TRANSIT shall be responsible for coordinating project activities with local and regional governmental jurisdictions, agencies and citizen groups. CONTRACTOR may, from time to time, be requested to attend staff meeting or perform specific liaison activities on behalf of, or in conjunction with, PUEBLO TRANSIT staff. 6. Level of Service PUEBLO TRANSIT shall authorize CONTRACTOR to operate up to sixteen thousand five hundred (16,500) revenue vehicle hours per year. This base level of service may be adjusted at the sole discretion of PUEBLO TRANSIT at any time during this Contract. For the purposes of this CONTRACT, a revenue vehicle hour shall be defined as one (1) Citi -Lift revenue vehicle: 1) available to transport passengers during a continuous sixty (60) minute period; and (2) actually transporting passengers for at least thirty-one (3 1) minutes of that sixty (60) minute period. Revenue vehicle hours excludes all vehicle travel time to and from the PUEBLO TRANSIT's maintenance yard, but includes travel time to /from the intended pickup point of no -show passengers. CONTRACTOR specifically agrees to invoice PUEBLO TRANSIT only for revenue vehicle hours actually provided. A recommended distribution of revenue vehicles is shown on the following table. CONTRACTOR shall exercise its best professional judgement to adjust vehicle distribution as necessary to maximize Citi -Lift service productivity. Citi -Lift Contract Page 24 Time Period Number of Vehicles Revenue Vehicle Time 6:00 a.m. - 7:00 a.m. 3 3:00 7:01 a.m. 10:00 a.m. 5 15:00 10:01 a.m. - 1:00 p.m. 4 12:00 1:01 p.m. - 5:00 p.m. 5 20:00 5:01 p.m. - 6:00 p.m. 4 4:00 6:01 p.m. - 6:30 p.m. 3 1:30 TOTAL WEEKDAY 43:00 6:00 a.m. - 6:30 p.m. 2 37:30 TOTAL SATURDAY 37:30 ANNUALSCHEDULED REVENUE VEHICLE HOURS 16,176 7. Suspension of Operation In the event of heavy snowfall, extreme cold, natural disaster, or other special circumstance which is outside of the control of PUEBLO TRANSIT and CONTRACTOR, PUEBLO TRANSIT's Director of Transit may determine that some or all Citi -Lift service shall be suspended for a defined period of time. In such event of any suspension of operation, CONTRACTOR shall be compensated only for those revenue vehicle hours actually provided. If a suspension of operation is declared during service hours, all Citi -Lift passenger return trips shall be provided before vehicles are removed from service. Under no circumstance shall any Citi -Lift passenger be stranded en -route or at a non - residential destination to which the passenger was taken by one of CONTRACTOR's drivers. In no case may CONTRACTOR suspend all or a part of its contract- related operations without the expressed verbal approval of PUEBLO TRANSIT's Director of Transit. CONTRACTOR may request permission of PUEBLO TRANSIT to suspend service for reasonable causes; however, strikes and labor disputes involving CONTRACTOR's employees shall not be considered as a reason justifying suspension of service. Citi -Lift Contract Pate 25 A PERFORMANCE STANDARDS/LIQUIDATED DAMAGES CONTRACTOR shall at all times attempt to operate paratransit services that meet or exceed the minimum performance standards described in this Scope of Services. Under the circumstances defined in Appendix B of the Contract, PUEBLO TRANSIT may assess liquidated damages for performance which falls below a specified threshold with respect to the reliability and safety of service. The following areas will be subject to liquidated damages: 1. Schedule Adherence 2. Safety Performance 3. Submittal of Reports 4. Customer Complaints 5. Service Productivity Citi -Lift Contract Paize 26 APPENDIX B PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES Citi -Lift Contract Pate 27 APPENDIX B PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES CONTRACTOR shall at all times be required to operate demand responsive services that meet the minimum performance standards. Under circumstances as defined in this section, PUEBLO TRANSIT may assess liquidated damages for performance which falls below a specified threshold with respect to the reliability and safety of revenue service provided. 1. Schedule Adherence CONTRACTOR shall endeavor to operate all buses according to scheduled pickup and drop -off times. As a minimum standard of performance, CONTRACTOR shall operate such that eighty -five percent (85 %) of all one -way passenger trips provided during a calendar are on time per month. For purposes of this Contract, "on time" is defined as a passenger being picked up within a thirty (30) minute window consisting of plus ( +) or minus ( -) fifteen (15) minutes from the scheduled pickup time. The monthly determination of schedule adherence will be made by PUEBLO TRANSIT based upon a routinely selected sample of trips operated by CONTRACTOR. PUEBLO TRANSIT will determine the exact number of demand responsive passenger trips selected from completed operator trip manifests. • During any given month when CONTRACTOR's schedule adherence falls below 85 %, liquidated damages of two hundred and fifty dollars ($250) will be assessed. • During any given month when CONTRACTOR's schedule adherence falls below 80 %, liquidated damages of three hundred and fifty dollars ($350) will be assessed. • During any given month when CONTRACTOR's schedule adherence falls below 75 %, liquidated damages of five hundred dollars ($500) will be assessed. PUEBLO TRANSIT will assess no liquidated damages for schedule adherence until April 1, 1999. CONTRACTOR shall not falsify data. PUEBLO TRANSIT reserves the right to utilize its own employees or agents as observers to monitor the performance of CONTRACTOR. If CONTRACTOR reports schedule data, which is different from the observers' reports, this may constitute grounds for termination of the Contract. 2. Safety Performance CONTRACTOR shall be assessed liquidated damages in the amount of one hundred dollars ($100) for each preventable accident occurring during the provision of Citi -Lift service. CONTRACTOR shall be assessed liquidated damages in the amount of fifty dollars ($50) for each traffic citation received by CONTRACTOR's drivers while providing Citi -Lift service. Citi -Lift Contract Pate 28 3. Submittal of Reports CONTRACTOR shall submit all data, records and reports required by PUEBLO TRANSIT within the timeframe established for each document. PUEBLO TRANSIT shall not accept CONTRACTOR's monthly invoice until such time as all reports covering the calendar month represented by the invoice are provided. 4. Customer Complaints CONTRACTOR shall be assessed liquidated damages in the amount of fifty ($50) per occurrence for the third and each subsequent customer complaint regarding the quality of service provided by CONTRACTOR received during a calendar month and found to be valid by PUEBLO TRANSIT. 5. Service Productivity CONTRACTOR acknowledges that the number of Citi -Lift passengers per revenue vehicle hour actually transported each month shall be at least two point zero (2.0) passengers per hour. CONTRACTOR shall be assessed liquidated damages in the amount of two hundred ($200) for each one -tenth (0.1) of a passenger per revenue vehicle hour actually transported below two point zero (2.0) passengers per revenue vehicle hour. Such calculation shall be made on a calendar month basis. Liquidated damages are illustrated below: Service Productivity (Passengers per RVH) 2.0 or higher 1.9 1.8 1.7 1.6 1.5 or below Liquidated Damages (Dollars) 0 200 400 600 800 1,000 PUEBLO TRANSIT will assess no liquidated damages for service productivity until April 1, 1999. Citi -Lift Contract Page 29 APPENDIX C CERTIFICATION FORMS / GUIDELINES *PUEBLO T R A N S I T 350 S. Grand Street Pueblo, Colorado 81003 e Pueblo Transit of the City of Pueblo, is contracting with SRDA for Specialized insportation Services for individuals that are disabled and cannot physically or mentally use ;ular public transportation The service will be door -to -door service and each passenger must certified as unable to use regularly scheduled service because of the nature of their disability, tance to regular bus stops or the surrounding terrain. Attached is the Pueblo Transportation mpany Eligibility Criteria Statement and Physicians Certification Form. In order for an lividual to be eligible for this service, it is necessary that a Doctor of Medicine, licensed in the ite of Colorado, certify the applicant's disability by completing, signing and returning the vsicians Certification Form. review the attached criteria before completing the certification forms; also review the ments under the appropriate disability heading and check the disability that applies. Pueblo Transit Company will utilize this information only for the purpose of determining bility for specialized door -to -door service. Information submitted will be treated as confidential will not be released to any other person, agency, institution, or organization without the express consent of the applicant. you for your cooperation. Eligibility Criteria for Specialized Transit Services 1. The user's physical, developmental or mentally disordered disabilities within the guidelines, as outlined on Attachment B. Certification of completed by a Physician. has been certified disability is to be Once eligibility has been established in accordance with Item #1 above, the following general guidelines will be considered for utilization of the Specialized Transit Services. 2. The severity of the user's disabilities prevents him/her from safely boarding a fixed route accessible bus without the assistance of the operator, or an aide. It is the user's responsibility to provide an aide /guide when needed. 3. The user's necessary auxiliary equipment is too extensive (i.e., electric wheelchair, etc.) to allow independent use or safety on a fixed route service. 4. Memory and/or learning disabilities prevent the user from learning or utilizing fixed route service. 5. Due to user's disability, transfer difficulties prohibit the user from getting to /from the destination on fixed route service, or infrequency of service can result in physical hardship to the user. 6. The distance between the user's home/destination and the bus stop on the fixed route is too lengthy, or the terrain is to difficult (based on the user's certified disability) to permit access to the fixed route service. ATTACHMENT A THOSE INDIVIDUALS WHO, BY REASON OF ILLNESS, INJURY, CONGENITAL MALFUNCTION, OR OTHER PERMANENT OR TEMPORARY INCAPACITY OR DISABILITY IS UNABLE AT THIS TIME TO UTILIZE EXISTING LOCAL MASS TRANSPORTATION FACILITIES AND SERVICES EFFECTIVELY WITHOU SPECIAL FACILITIES OR EQUIPMENT 1. Non- Ambulatory Dis_ ahilitigs Impairments that, regardless of cause, necessitate the use of a wheelchair. 2. Semi - Ambulatory Disabilities Impairments that cause individuals to walk with difficulty or insecurity including individuals using a long leg brace, a walker or crutches to achieve mobility. 3. Semi - Ambulatory Disahilities Persons who due to any cause, suffer arthritis which causes a functional motor deficit in any two major limbs (arms and/or legs). American Rheumatism Association criteria may be used as a guideline for the determination of arthritic handicap. Therapeutic Grade III or worse and Functional Class III or worse and Anatomical State III or worse are evidence of arthritic handicap. 4. Semi - Ambulatory Disahilitieq Persons with amputation of; or anatomical deformity of (i.e., loss of major function due to degenerative changes associated with vascular or neurological deficiency, traumatic loss of muscle mass or tendons and X -ray evidence of bony or fibrous ankylosis at an unfavorable angle, joint subluxation or instability). a. Both hands; or b. One hand and one foot; C. Amputation of lower extremity at or above the tarsal region (one or both legs) 5. Semi - Ambulatory ffisahffitie& Cerebrovascular accident (stroke) with one of the following four months post -CVA: a. Pseudobulbar palsy; or b. Functional motor deficit in any of two extremities; or C. Ataxia affecting two extremities substantiated by appropriate cerebellar signs of proprioceptive toss. 6. - Pulmonary M's. Persons with respiratory impairment (dyspnea) as defined by the Journal of the American Medical Association, Guides to the Evaluation of permanent impairment, The Respiratory System. Class 3 Dyspnea does not occur at rest but does occur during the usual activities of daily living. However, the patient can walk a mile at his/her own pace without dyspnea although he/she cannot keep pace on the level with others of the same age and body build. Percent disability 40 -50. Class 4 Dyspnea occurs during such activities as climbing one flight of stairs or walling 100 yards on level, or less exertion or even at rest. Class 6 Dyspnea present on slightest exertion, such as dressing, talking, at rest. 7. Semi - Ambulatory Disabilities - Cardiac HI's. Persons with functional classifications of cardiac disease, Classes III and IV and therapeutic classification, Classes C, D, E, and defined by Diseases of the Heart and Blood Vessels - Nomenclature and Criteria for Diagnosis, 6th Edition, Boston, Little, Brown and Company by the New York Heart Association. Class III Persons with cardiac disease resulting in marked limitation of physical activity. They are comfortable at rest. Less than ordinary physical activity causes fatigue, palpitation, dyspnea, or anginal pain. For instance, inability to walk one or more level blocks or climbing flight of ordinary stairs. Class IV Persons with cardiac disease resulting in inability to carry on any physical activity without discomfort. Symptoms of cardiac insufficiency or of the anginal syndrome may be present even at rest. If any physical activity is undertaken, discomfort is increased. Class C Persons with cardiac disease whose ordinary physical activity should be moderately restricted, and whose more strenuous efforts should be discontinued. Class D Persons with cardiac disease whose ordinary physical activity should be markedly restricted. Class E Persons with cardiac disease who should be at complete rest, confined to bed or chair. 8. Semi-Ambulatory Disabilities - Dialysis. Persons who in order to live, must use a kidney dialysis machine. 9. Sight Disabilities- This section includes only the legally blind. A. Those persons whose vision in the better eye after best correction is 20/200 or less; and/or B. Those persons whose visual field is contracted (commonly known as tunnel vision) i. to 10 degrees or less from a point of fixation, or ii. so the widest diameter subtends an angle no greater than 20 degrees 10. Hearing Disabilities. Deafness or hearing incapacity that may make an individual insecure in public . areas because the individual is unable to communicate or hear warning signals, including only those persons whose hearing loss with amplification is an average of 90 dba or greater in the 500, 1000, 2000, Hz ranges. 11. This section includes those persons with faulty coordination or palsy from brain, spinal or peripheral nerve injury and any person with a functional motor deficit in any two limbs or who suffers manifestations which significantly reduces mobility, coordination and perceptiveness not accounted for in previous categories. Persons who are so developmentally disadvantaged from infancy or before reaching maturity that they are incapable of managing themselves and their affairs independently with ordinary prudence, or of being taught to do so, and who require supervision, assistance, and care, for their own welfare, or for the welfare of others, or for the welfare of the community. Further, any person who is unable, or likely to be unable to physically or mentally respond to an oral instruction relating to danger and without assistance take appropriate action relating to such danger. 12. Mental Retardation Refers to subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior (a general guideline is an IQ which is more than two standard deviations below the norm). This section also applies to adults who by reason of illness or accident suffer mental retardation. 13. Cerebral Palsy Persons having a disorder dating from birth or early infancy, non - progressive, although is not treated, there is marked regression in functioning characterized by examples of aberrations of motor functions (paralysis, weakness, coordination) and often other manifestations of organic brain damage such as sensory disorders, seizures, mental retardation, learning difficulty and behavioral disorders. 14. Epilepsy (Convulsive Disorder). Clinical disorder involving impairment of consciousness, characterized by major motor seizures (grand mal or psychomotor) substantiated by EEG, occurring more frequently than once a month in spite of prescribed treatment. With: a. Diurnal episodes (loss of consciousness and convulsive seizure); or b. Nocturnal episodes which show residuals interfering with activity during the day. 15. Autism. Persons having 1) a syndrome described as consisting of withdrawal very inadequate social relationships, exceptional object relationships, language disturbances, and monotonously repetitive motor behavior; many children with autism will also be seriously impaired in general intellectual function; 2) this syndrome usually appears before the age of 6 and is characterized by severe withdrawal and inappropriate response to external stimuli. 16. Neurology cal Randicap. A syndrome characterized by learning, perceptual and/or behavioral disorders of an individual whose IQ is not less than two standard deviations below the norm. These characteristics exist as a result of brain disfunction (any disorder in learning or using the senses) neurological disorder, or any damage to the central nervous system whether due to genetic, hereditary, accident, or illness factors. This includes persons with severe gait problems who are restricted in mobility. This section carries no age restriction. 17. Emotionally Disturbed_ To the extent of total disability and: a. living in a board and care home; or b. living at home under supervision. *PUEBLO T R A N S I T 350 S. Grand Street Pueblo, Colorado 81003 PHYSICIANS CERTIFICATION FORM ATTACHN ENT B APPLICANT INFORMATION please Print or Type) Name of Disabled Person: Address of Applicant: City Applicants Phone Number: DETERMINATION OF PHYSICIAN A. Duration of Disabling Condition (Check One) Permanent Condition Temporary Condition (Estimated duration of Months) State B. Numbered item of Disability based on the aforementioned criteria: (Items 1 -17) Zip C. Type of Special Facilities or Equipment needed (Wheelchair/Oxygen/Blind/Etc.): D. If Applicant requires a Personal Care Attendant with the at all times, please list the Attendants name below: E. I, the undersigned physician, licensed to practice medicine in the State of Colorado, hereby determine that BY REASON OF ILLNESS, INJURY, CONGENITAL MALFUNCTION, OR OTHER PERMANENT OR TEMPORARY INCAPACITY OR DISABILITY IS UNABLE AT THIS TIME TO UTILIZE EXISTING LOCAL MASS TRANSPORTATION FACILITIES AND SERVICES EFFECTIVELY WITHOUT SPECIAL FACILITIES OR RQUIPMEN T , and should be afforded door -to -door specialized transit services offered by the Pueblo Transportation Company. Name of Physician (Please Print or Type): Business Address: Phone: Date: Signature of DO NOT WRITE BELOW THIS LINE — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — UTHORIZED BY: DATE OF ISSUE: NUMBER: Citi -Lift Contract Page 36 The following information is provided as assistance to those individuals who are eligible and certified to receive specialized transit service. The City of Pueblo is contracting this service to SRDA. The Citi -Lift service provides transportation service to the disabled, and elderly as pre - qualified by Pueblo Transit and to visitors who meet the qualifications for a period not to exceed 30 day within the City of Pueblo. These guidelines are established for an effective operation to provide an accessible transportation service for those in the City of Pueblo who are unable to use the fixed route system. Other Citi -Lift Guidelines All accidents should be reported to the operator of the vehicle immediately with no exceptions. If you have special needs (wheelchair lift, hearing or sight impairments) please advise the dispatcher of these needs when scheduling an appointment. No smoking, eating or drinking is allowed on Citi -Lift Vans. What if the weather turns bad? Service may be cancelled due to hazardous weather or road conditions. If this occurs, the cancellation of service will be made public through the local media as soon as determined. Citi -Lift will attempt to make contact by telephone to inform scheduled passengers of the service cancellation. How do I become certified to use Citi -Lift? Individuals wishing to be certified for the use of the service are required to contact Pueblo Transit at 350 South Grand Ave to obtain a Physician's Certification application form. Who needs a Personal Care Attendant? If the certified individual's physician has stated on the certification form that a Personal Care Attendant (PCA) is required, a PCA must accompany the client every time he /she rides Citi -Lift. Citi -Lift will not transport the client otherwise. Where and when does Citi -Lift run? The specialized transit service will provide service to the same areas as provided by the regular bus service. The specialized service is available from 6:00 AM to 6:30 PM, Monday through Saturday. There is no service on Sundays, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and New Years Day. What should I be aware of about riding Citi -Lift? Schedules will be arranged on a first -come, first served basis. When scheduling an appointment, keep in mind travel time to and from your appointment. Other patrons in the van may be dropped off en route to your location. Citi -Lift Contract Paee 37 It is important to be ready for the Citi -Lift at least 15 minutes before the scheduled pick -up time. The driver is not allowed to wait for clients while they get ready or while they run into the store. This would make them late for their next scheduled pick -up. What else should I know about riding Citi -Lift? Rides will be scheduled according to geographic locations to accommodate as many patrons as possible. Clients are asked to be patient and cooperate with the driver when their ride is combined with another patron. This allows the service to be utilized to its fullest extent. Drop -off points cannot be changed during scheduled trips. All wheelchairs must be in safe operating condition, i.e., tires inflated and wheelchair locks (brakes) properly adjusted. ➢ It is not the responsibility of Citi -Lift to locate a patron or provide special equipment. In addition, if a passenger is seriously ill, it would be advisable for a PCA to ride with them. Citi -Lift Drivers are not permitted to enter a patron's home. The service is designed as a door -to -door service only. What does it cost to use Citi -Lift? Fare for certified individuals utilizing the service will be $1.50 per one -way trip. One certified Personal Care Attendant (PCA) may travel with the patron at no charge. In addition, if space is available, additional individuals may ride with the certified individual at a fare of $1.50 per one -way trip. Exact fare is required. Drivers do not carry change. Monthly passes for unlimited rides may be purchased for $20.00 at the Transit Center, 123 Court St., or Pueblo Transit Office, 350 S. Grand, or by mailing a check or money order to PUEBLO TRANSIT, 350 S. Grand Ave. Pueblo CO 81003. XXX. DOES IT MATTER WHY I NEED TO USE CITI -LIFT OR WHERE I WOULD LIKE TO GO? No priorities or restrictions based on trip purpose shall be imposed on individuals requesting the service. However, for grocery and shopping trips the number of bags is limited to three (3) shopping bags per person. What happens if I have to cancel my trip? If there is a need to cancel a ride, please call 546 -CITI or 546 -2484. Notification of a cancellation as soon as possible will allow a ride for someone who was previously turned down. An answering machine is available during non - business hours so that cancellations can be made by leaving a message. Patrons who cancel less than 24 hours prior to a ride five (5) time or more within one (1) month will be subject to removal from the specialized transit service list. Consideration will be given to bona fide medical or job - related reasons or adverse weather conditions for cancellations. Citi -Lift Contract Page 38 What happens if I don't show for my trip? Two (2) "no- shows" or more by a patron, per month, may result in removal from the Citi -Lift certification List. Consideration will be given to bona fide medical reasons, job - related reasons and/or adverse weather conditions for cancellations. If a patron is found to have abused the cancellation or no -show policies, they may be removed from the specialized service list one (1) month for the first infraction, six (6) months for the second infraction, and one (1) year for the third infraction. At the end of one year, the patron must appeal to the Transit Advisory Committee to be re- instated for future paratransit service. How Do I Make a Reservation? • Once certified by Pueblo Transit and issued a client number, individuals may call for appointments at 546 - CITI or 546 -2484. Appointments may be made Monday through Saturday from 6:00 AM to 5:00 PM, except Sundays and noted holidays. • Appointments will not be accepted by voice mail. Voice mail may be used for trip cancellations only. • Appointments are taken a minimum of one (1) day in advance to a maximum of fourteen (14) days in advance, based on scheduling availability to accommodate the request. • Citi -Lift patrons are guaranteed an "on- time" pick -up of plus or minus fifteen (15) minutes of their scheduled pick -up time. • CITI -LIFT IDENTIFICATION CARDS All certified Citi -Lift patrons will be provided with a picture identification card. This identification card should be made available upon driver request. Paratransit ID cards will be accepted in other cities which offers Americans with Disabilities Act (ADA) paratransit service. What is the Appeals Process if I am denied Certification or removed from the Certification List? • If you are denied ADA certification or are suspended from service, you will receive notification identifying the reasons and procedures that may be utilized to appeal the decision. • Individuals who are denied eligibility may review the denial and appeal the decision within 60 days of the denial. • Individuals will be afforded the opportunity to be heard and to present information and arguments with Pueblo Transit Administration. Pueblo Transit will submit, in a timely manner, written information of the decision to the individual. If Pueblo Transit has not rendered a decision within 30 days of the completion of the appeals process, Citi -Lift Service will be provided until a decision to deny the appeal is issued. • This appeals process shall also apply to those individuals who have been suspended from Citi -Lift Service for violation of cancellation (less than 24 hours notice), or "no- show" policies. Citi -Lift Contract Paize 39 Passenger Conduct Regulations The following behaviors will not be permitted when interacting with Citi -Lift representatives: 1. Foul language and/or abusive behavior 2. Obscene gestures and/or clothing 3. Breach of confidentiality (respect other passengers) Citi-Lift makes every effort to provide safe and professional paratransit services. Citi-Lift reserves the right to refuse service to any passenger who fails to display proper conduct. Dispatchers have been instructed to terminate conversation and report anyone who insists on using inappropriate language or conversation on the telephone. We appreciate your cooperation in these matters for the effective and efficient operation of the paratransit service. You may call Pueblo Transit Administration Office at 542 -8763 to express any concerns, complaints, or questions that you may have relating to the operation of the specialized transit service. Citi-Lift is a service of Pueblo Transit 350 South Grand Avenue Pueblo, Colorado 81003 Citi -Lift Contract Page 40 APPENDIX D LEASE AGREEMENT Citi -Lift Contract Page 41 APPENDIX D EQUIPMENT LEASE THIS LEASE made this day of , by and between Pueblo Transit, a Non - profit Corporation, as Lessor, and Senior Resource Development Agency, Inc., hereinafter referred to as Lessee. 1. Pueblo Transit hereby leases Senior Resource Development Agency, Inc the following described property consisting of five (6) 12 passenger wheelchair accessible vans: MAKEMODEL VEHICLE ID NUMBER 1990 Ford Econoline Vans (3) 821, 822, 823 1995 Ford Econoline Vans (3) 826, 827, 828 on the following terms and conditions: 2. Terms: This lease is for a term of two years commencing January 1, 1999 and ending December 31, 2000. 3. Ownership: The leased vehicles shall at all times remain the sole and exclusive property Pueblo Transit. Senior Resource Development Agency, Inc shall have no right, title or interest therein except for the right to use the vehicles on the terms set forth herein. 4. Acceptance of Equipment: Lessee represents that it has inspected the vehicles leased hereunder, determined that they are suitable for the use intended, and accepts them as delivered. Lessee acknowledges that Pueblo Transit has made no representations or warranties, oral or written, expressed or implied, in connection with these vehicles. Lessee hereby waives and agrees not to assert any claim or defense against Pueblo Transit by reason of any defect in the equipment or any warranties, representations, service or maintenance agreements, expressed or implied, made by Pueblo Transit, the manufacturer of the vehicles or any other person. 5. Pueblo Transit Duties - Maintenance: Pueblo Transit shall provide all necessary maintenance and repair services for the vehicles, except emergency repairs and such warranty services as are the obligation of the vehicle manufacturer. Citi -Lift Contract Page 42 6. Duties — Maintenance: Pueblo Transit shall be responsible for all expenses, as they are incurred, of maintenance or repairs of the vehicles, including labor, materials and parts which are required except Lessee shall be responsible for repairs due to accidents or driver negligence. Maintenance shall be in accordance with the manufacturer's suggested maintenance schedule, and Lessee shall be responsible for scheduling vehicles for routine maintenance. Pueblo Transit may inspect the leased vehicles at any time for the purpose of determining whether they are being properly maintained. 7. Duties — Operation: Lessee shall at its own expense employ, control and supervise all operators of these vehicles, and shall pay all expenses of operating the vehicles, including but not limited to fuel, oil, tires, and other expenses listed herein. Lessee shall permit only duly licensed and qualified operators to drive and operates these vehicles. 8. Insurance Lessee will obtain and pay the expense for maintaining collision and comprehensive insurance on the leased vehicles against loss or damage caused by collision, upset, overturn, fire, theft or other casualty for each vehicle. Lessee shall maintain liability insurance in limits of not less than $1,000,000 for any one person injured or killed, not less than $3,000,000 for injuries or death in any one occurrence, and not less than $500,000 for damage to property of others in any one accident. 9. Limitations on Use: The parties agree that the leased vehicles shall be used solely for noncommercial transport of persons or property in connection with the regularly established programs of Lessee; that such use will be principally if not exclusively for transports of the elderly or persons with disabilities. 10. Other Provisions The parties further agree that use of the leased vehicles is subject to the Federal Transit Administration Act, incorporated herein by reference. The parties further agree that employees of urban mass transportation carriers in the service area of the project, other than those represented by the union, shall be afforded substantially the same levels of protection as are afforded to union members under the December 1, 1976 agreement as supplemented and the U.S. Department of Labor certification letter dated December 10, 1980, which is also incorporated herein by reference. Citi -Lift Contract Paize 43 11 12 13. Return: Upon the termination of this lease, or any extension thereof, Lessee shall return the leased vehicles to Pueblo Transit in good interior, exterior and mechanical condition, ordinary wear and tear excepted. Indemnity: Pueblo Transit assumes no liability for any acts or omissions of Lessee or its agents or employees. Lessee hereby releases, indemnifies and agrees to defend and hold Pueblo Transit harmless from any and all claims against Pueblo Transit of any nature whatsoever, arising out of this Lease or performance hereof by Lessee or resulting from the use or operation of the leased vehicles by Lessee. Assignment: This Lease shall neither be assigned nor sublet by Lessee. 14. Termination: This Lease may be terminated by either party immediately upon written notice of the other party for breach of any condition hereunder. This Lease may be terminated at any time and for any reason by mutual consent of the PUEBLO TRANSIT and Lessee. IN WITNESS WHEREOF the parties have executed this Lease as of the date above written. Pueblo Transit Date Senior Resource Development Agency, Inc Lessee Company Name Signature of Representative l `t p Date