HomeMy WebLinkAbout6539RESOLUTION NO. 6539
A RESOLUTION AWARDING THE SERVICE AGREEMENT
FOR 1990/1991 SPECIALIZED TRANSPORTATION
SERVICE, (PTC 89 -01) AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE THE
SAME.
WHEREAS, proposals for 1990/1991 Specialized Transportation Service
(PTC 89 -01) have been received and examined; and
WHEREAS, the proposal of Pueblo Senior Citizens Resource Development
and Coordinating Agency, Inc., of Pueblo, Colorado was the lowest of those
bids determined to be responsible; now therefore,
EE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that.:
SECTION 1.
A service agreement. for 1990/1991 specialized transportation service
(PTC 89 -01) be, and the same is hereby awarded to said bidder in the
amount of 532.25 per service hour in 1990 and not to exceed $70,000.00.
In 1991 contingent upon funding by City Council the hourly amount shall be
$33.00 per service hour not to exceed $120,000.00. The awarding of the
service agreement for the project set forth herein shall be subject t the
filing of sufficient sureties to be approved by the Director of.'
Transportation of said City.
SECTION 2.
The President of City Council be, and he is hereby authorized to
execute contract on behalf of Pueblo, a Municipal Corporation and the
Pueblo Transportation Company, and the City Clem 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- 410 - 000 -030 -0020
Transportation Company operations fund.
INTRODUCED: April 2 3 , 1990
By: _ SAMUEL CORSENTIN
Councilman
APPROVED:
A, --- a - eZ -- e- AZ,�,,4 -
Pr s'dent of the Council
ATTEST:
Cit Clerk
SERVICE AGREEMENT
FOR
SPECIAL TRANSPORTATION SERVICES
THIS AGREEMENT, is made and entered into this 23 ; p day
of R /,L 1990 by and between the PUEBLO TRANSPORTATION
COMPANY, hereinafter referred to as the "COMPANY ", duly created and
existing under the laws of the State of Colorado, and PUEBLO SENIOR
CITIZENS RESOURCE DEVELOPMENT AND COORDINATING AGENCY, INC.
hereinafter referred to as "SRDA", a corporation duly created and
existing under the laws of the State of Colorado.
WITNESSETH :
WHEREAS, the COMPANY has solicited proposals from qualified
persons to provide certain special transportation services in the
City of Pueblo, Colorado; and
WHEREAS, the COMPANY has determined and selected SRDA as the most
responsive Proposer of such services; and
WHEREAS, the COMPANY desires to engage the services of SRDA as
provider of the special transportation services more fully described
in the Agreement; and
WHEREAS, SRDA represents that it is qualified, experienced and
willing to provide such services to the COMPANY in accordance with
the terms and conditions of this Agreement; and
WHEREAS, the COMPANY and SRDA agree to accept the terms and
conditions of this Agreement.
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NOW THEREFORE, in consideration of the above and foregoing
recitals, the mutual promises and covenants hereinafter contained,
and for other good and valuable consideration, the parties hereto
agree as follows:
1. CONTRACT DOCUMENTS. The Contract Documents which
are applicable to this Agreement are as follows:
a) The COMPANY'S Request for Proposal No. PTC
89 -01 dated November 9, 1989; and
b) SRDA'S response to the COMPANY'S Request for
Proposal No. PTC 89 -01 dated November 9,
1989.
The hereinabove stated Contract Documents are
hereby incorporated by reference as if fully set
forth herein. Whenever the term "Respondent" or
"Contractor" is used in the Contract Documents, it
shall mean and include SRDA. Whenever the term
"PTC" is used in the Contract Documents, it shall
mean and include COMPANY. The provisions of this
Agreement shall control over all Contract
Documents. In the event of any ambiguity or
inconsistency, the same shall be resolved by
reference first to the language of this Agreement
and then to the Contract Documents in the order
above set forth.
2. TERM. The initial term this Agreement shall be
for a period commencing on June 4, 1990 and ending
December 31, 1991, unless sooner terminated as
herin provided.
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3. SCOPE OF SERVICES. SRDA shall undertake and
perform the special transportation services
required under this Agreement in manner and
sequence satisfactory to the COMPANY. SRDA shall
perform the services in an efficient, cost
effective, responsive and safe manner maximizing
the number of trips furnished within given
budgetary allowances consistent with the terms and
conditions of this Agreement.
The special transportation services to be
performed by SRDA hereunder shall consist of
transportation services to the disabled elderly
and handicapped persons as prequalified by the
COMPANY in and about the City of Pueblo, Colorado
and shall be operated as a door -to -door service
consisting of demand responsive trips, scheduled
by advance appointment, for any purpose within the
City of Pueblo.
The Scope of Services is more particularly
described in the Section titled "Special Services
Transportation " of the COMPANY'S Request for
Proposal No. PTC 89 -01.
4. COMPENSATION. Subject to the availability of
funds. COMPANY shall compensate SRDA for services
rendered during the first seven (7) months of the
term of this Agreement at a unit price of
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Thirty -Two Dollars and Twenty -Five cents (832.25)
per hour of service less revenue generated by SRDA
for such services. Compensation for last twelve
(12) month or the term of this Agreement shall be
at a unit price of Thirty -three dollars ($33.00)
per hour of service less revenue generated by SRDA
for such service subject also to the availability
of funds. Compensation for the first seven (7)
months of this Agreement shall not exceed
870,000. Compensation for the last twelve (12)
months of the term of this Agreement shall not
exceed a sum to be hereafter determined by
COMPANY.
Payments, shall be made once monthly to SRDA upon
submittal of a documented invoice of service
rendered to the COMPANY.
The COMPANY will not compensate or be liable to
SRDA or any third person or entity for any expense
or obligation incurred by SRDA in the performance
of this Agreement.
5. EQUIPMENT, FACILITIES AND SUPPLIES. COMPANY shall
make available to SRDA three (3) 12 passenger,
lift equipped mini -buses necessary to provide the
required service in "AS IS" condition. Two (2) of
the 3 units will be made available on the
effective date of this Agreement. The third unit
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will be made available as the demand for service
dictates. SRDA shall maintain the mini -buses in
good condition and state of repair and upon
termination of this Agreement shall surrender
Possession thereof to COMPANY in the same
condition as received, reasonable wear and tear,
excepted. Neither COMPANY nor the City of Pueblo
make any REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO THE MINI -BUSES
OR EQUIPMENT, WHETHER AS TO MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
MATTER.
SRDA shall provide all other support vehicles and
all other equipment, facilities, and supplies
necessary for the performance of this Agreement,
including, but not limited to 2 -way radios,
insurances, fuels, oils, tires and lubricants.
6. PERSONNEL. SRDA shall provide drivers,
dispatchers and other personnel necessary for the
performance of services required hereunder. SRDA
accepts full responsibility for payment of
unemployment insurance, worker's compensation, and
social security as well as all income tax
deductions and any other taxes, payroll deductions
required by law for SRDA employees in the
performance of work under this Agreement.
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7. PERFORMANCE BOND. SRDA, upon execution and for
the duration of this Agreement, shall provide the
COMPANY with a performance bond equal to the
amount of this Agreement. The bond shall be made
payable to the COMPANY and the City of Pueblo and
shall be held by the COMPANY throughout the term
of this Agreement. Should it become necessary to
terminate this Agreement due to the failure of
SRDA to provide the special transportation
services required under the terms of this
Agreement, costs incurred by the COMPANY or the
City of Pueblo for providing an alternative method
of furnishing such services shall be deducted from
the amount of the performance bond.
8. INSURANCE. SRDA shall be required to maintain and
carry in force for the duration of this Agreement,
insurance coverage of the types and minimum
liability limits as set forth below:
a) Comprehensive General Liability
8500,000 combined single limit per occurrence
for bodily injury, personal injury and
property damage. The policy shall include:
1. Premises and Operations
2. Broad Form Contractual
3. Personal Injury with employee exclusion
deleted
4. Products /Completed Operations
S. Broad From Property Damage
6. Independent Contractors
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b) Worker's Compensation
Worker's Compensation Statutory
(include all states endorsement)
c) Automobile Liability
$500,000 combined single limit per occurrence
for bodily injury and property damage
d) Umbrella Liability
$1,000,000
Upon entering into this Agreement, SRDA shall
furnish to the COMPANY a Certificate of Insurance
verifying such coverage and identifying the City
of Pueblo and COMPANY, their officers commissions,
agents, and employees as additional insured. This
inclusion shall not make the COMPANY a partner or
joint venture with SRDA in its operations
hereunder.
The certificate holder on the Certificate of
Insurance shall be as follows:
Pueblo Transportation Company
350 South Elizabeth Street
Pueblo, Colorado 81003
The City's Request for Proposals No. PTC 89 -01
shall be referenced on the Certificate of
Insurance.
Prior to any material change or cancellation of
insurance, COMPANY will be given thirty (30) days
advanced written notice by certified mail to its
address. COMPANY will also be immediately
notified of any reduction or possible reduction in
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aggregate limits of any such policy where such
reduction, when added to any previous reductions,
would exceed 25% of the aggregate limits. In the
event of an occurrence, it is further agreed that
any insurance maintained by the COMPANY or the
City shall be in excess of and not contribute with
insurance described in this Agreement.
9. INDEMNIFICATION. SRDA will protect, indemnify,
defend and hold the COMPANY, and their officers,
employees and agents free and harmless from and
against any and all losses, penalties, damages,
liabilities, claims, expenses (including, but not
limited to, attorney and expert witness fees)
resulting from or directly or indirectly arising
out of any error, omission or negligent acts of
SRDA, its officers, employees, Contractors or
agents related to this Agreement or to SRDA's
performance or nonperformance under this
Agreement. However, it is understood and agreed
that SRDA will not idemnify, defend or hold the
COMPANY or the City, or its officers, employees,
Contractors or agents free and harmless from and
against any claim or loss arising out of any
error, omission or negligent act of the COMPANY or
the City, or their officers, employees,
Contractors or agents.
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10. RECORDS. SRDA shall permit authorized
representatives of the COMPANY and the City to
inspect and audit all data and records of SRDA
relating to its performance under this Agreement.
To the extent that federal or state funds are
involved, the right to inspection shall extend to
authorized representatives of the United States
Department of Transportation, the Comptroller
General of the United States and any applicable
state and local offices, if any. SRDA agrees not
to reveal or release any information provided to
it or to which it or any of its employees or
representatives may have access which is or may be
as to COMPANY or the City confidential or
proprietary information. SRDA shall maintain all
records for at least three (3) years from the date
of final payment or until all pending matters are
closed. whichever date occurs last.
11. NO OBLIGATION TO THIRD PARTIES. Neither COMPANY
or the City shall be obligated or liable under
this Agreement to any third party or
subcontractor. SRDA shall secure at its own
expense all personnel necessary in performing the
services required under this Agreement. Such
personnel, if any, shall not be deemed employees
of or have any contractual relationship with the
COMPANY or the City.
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12. AGREEMENT STATUS. This Agreement is and shall be
deemed an independent contract for services and
SRDA shall be deemed as an independent contractor
and not an employee, department or agency of the
COMPANY or the City and shall not be entitled to
COMPANY or City employee benefits. SRDA retains
the right to exercise full control and supervision
over its employees, their compensation, employment
and discharge, and will be solely responsible for
all matters relating to payment of its employees,
including compliance with social security,
withholding and all other regulations governing
such matters.
13. ASSIGNMENT. This Agreement shall not be assigned,
transferred or pledged in whole or in part by
SRDA.
14. NON- DISCRIMINATION. In connection with carrying
out of this Agreement, SRDA shall not discriminate
against any employee or applicant for employment
because of race, creed, color, sex, age,
disability or national origin. SRDA will take
affirmative action to promote employment and
treatment during employment, without regard to
race, creed, color, sex, age, disability or
national origin. Such action shall include, but
not be limited to, the following: employment and
promotion; demotion or transfer; recruitment or
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recruitment advertisement; layoff or termination;
rates of pay; other forms of compensation; and
selection for training including apprenticeship.
The applicable provisions of Presidential
Executive Order No. 11246, as amended, relating to
Equal Employment Opportunity are incorporated by
reference herein.
15. AMENDMENT. This Agreement may be amended only by
supplemental agreement in writing signed by the
parties hereto.
16. RENEWAL. This Agreement may be renewed for one
(1) additional one year period at the option of
COMPANY upon the same terms and conditions.
COMPANY shall exercise its option by giving
written notice thereof to SRDA at least sixty (60)
days prior to the expiration of the initial term
of this Agreement.
17. NOTICES. Notices pursuant to this Agreement shall
be given by personal service or by deposit of the
same in the custody of the United States Postal
Service, Certified Mail, postage prepaid addressed
as follows:
COMPANY: Pueblo Transportation Company
350 South Elizabeth Street
Pueblo, Colorado 81003
SRDA: Pueblo SRDA
228 North Union Avenue
Pueblo, Colorado 81003
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18. TERMINATION. This Agreement may be terminated by
either party upon ninety (90) days advance written
notice to the other party and may be terminated by
COMPANY as follows:
(a) COMPANY may terminate this Agreement for its
convenience without the required ninety (90)
days advance written notice, and COMPANY
shall negotiate and pay reasonable
termination costs.
(b) COMPANY may terminate this Agreement for
cause, default or negligence on the part of
SRDA upon five (5) days written notice
specifying the cause of termination.
(c) If funds are not appropriated or not
otherwise made available to support
continuation of performance in a subsequent
fiscal year of COMPANY, this Agreement may be
terminated by COMPANY.
19. FORCE MAJEURE. SRDA shall not be liable to the
COMPANY for any failure, delay, or interruption of
service or for any failure or delay in the
performance of any obligation under this Agreement
due to strikes, walkouts, acts of God, government
restrictions, enemy action, civil commotion,
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unavoidable casualty, unavailability of fuel or
parts, or other similar acts beyond the reasonable
control of SRDA.
20. APPLICABLE LAW. This Agreement shall be governed
by and be enforced and construed in accordance
with the laws of the State of Colorado.
21. SEVERABILITY. All provisions, clauses and
covenants contained herein are severable, and in
the event any of them shall be held to be
unconstitutional, invalid or unenforceable, the
remainder of this Agreement, shall be interpreted,
construed, and enforced as if such
unconstitutional, invalid or unenforceable
provisions, clauses and covenants were not
contained herein.
22. ENTIRE AGREEMENT. This Agreement, unless
supplemented in writing signed by both parties,
shall constitute the entire agreement between the
parties and supersedes any previous
understandings, representations, commitments or
agreements, whether oral or written.
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Signed the day and year first above written.
SRDA
CITY OF PUEBLO
Mi el Occhiato
President, Pueblo City Council
ATTEST:
Ma n Mead, City Clerk
APPROVED AS TO FORM:
City Attorn
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