Loading...
HomeMy WebLinkAbout7527RESOLUTION NO. 7527 A RESOLUTION AWARDING THE SERVICE AGREEMENT FOR 199511996 SPECIALIZED TRANSPORTATION SERVICE, (RFP -94 -081) AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME. WHEREAS, Proposals for 1995/1996 Specialized Transportation Service (RFP -94 -081) 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; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. A service agreement for 1995 -1996 Specialized Transportation Service (RFP -94 -081) be, and the same is hereby awarded to said bidder in the amount of 15.04 per revenue hour in 1995 and not to exceed $180,480. In 1996 contingent upon funding by City Council, the hourly amount shall be $15.52 per revenue hour not to exceed $186,24 0. SECTION 2. The President of City Council be, and she is hereby authorized to execute the contract on behalf of Pueblo, a Municipal Corporation and the Pueblo Transportation Company, 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 Transportation Company operations fund. INTRODUCED: December 12 1994 BY : CHARLES JAS Councilperson I t of the Council ATTEST: City dierk Council Agenda Title: Citi -Lift Paratransit Contract Department: ISSUE: Pueblo Transpo Company RECOMMENDATION: Agenda Item # Date: December 7, 1994 Should City Council enter into an agreement with SRDA to contract for the City's "Citi- Lift" Transportation Service. Staff recommends approval of the contract. BACKGROUND: Since June 01, 1990, the Pueblo Transportation Company 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 it's inception via the competitive bid process. As in previous years, the City of Pueblo/Pueblo Transportation Company solicited bids in October/November and On November 28, 1994, bids were opened for the contract years 1995 and 1996. (Conditional upon appropriations by the Pueblo City Council). Two (2) bids were received and two (2) letters of "no bids" were received, of the two (2) monetary bids, Pueblo SRDA has been deemed the low, responsive, responsible bidder. (Bid Sheet Attached). FINANCIAL IMPACT: The cost for the service in 1995 is limited to 15.04 per revenue hour or not to exceed amount of $180,480 for the year. The cost for the service in 1996 is limited to $15.52 per revenue hour or not to exceed amount of $186,240 for the year. For FY 1995 $172,000 is budgeted for these contractual services. D o O C R--FP 94 -081 "CITI -LIFT" SPECIALIZED PARATRANSIT SERVICE November 28, 1994 -- 2:00 p.m. 7 OPTIONS S.R.D.A. COlVISIS MAYT�'LOWER MACDONALD Option #1 - (Contractor provides office facilities. Year One (January 1 - December 31, 1995) $15.23 p.h. -- No Bid No Bid Year Two (January 1 - December 31, 1996) $15.52 p.h. -- Optional Year Three (January 1 - December 31, 1997) -- -- Optional Year Four (January 1 - December 31, 1998) -- -- Option #2 - (City provides office facilities. Year One (January 1 - December 31, 1995) -- $23.53 p.h. Year Two (January 1 - December 31, 1996) -- $23.72 p.h. Optional Year Three (January 1 - December 31, 1997) -- $24.40 p.h. Optiona Year Four (January 1 - December 31, 1998) -- $25.09 p.h. Total Year @ 12,000 hours $182,760 $282,360 No Bid No Bid ,, V Pueblo Senior Citizen Resource Development & Coordinating Agency Inc. 228 N. Union Avenue • Pueblo, Colorado 81003 • (719) 545 -8900 • Fax (719) 544 -7831 December 6, 1994 Pueblo Transportation Company Mr. Don Saling Director of Transportation 350 S. Elizabeth Pueblo, CO 81003 Dear Don: Per our discussion, I have revised our proposed budget and reduced it by an additional $2,272.00. Please find attached; our new proposed hourly rate of $15.04. Thank you. Since Stephen G. Nawrocki SRDA Executive Director cc: Lew Quigley, City Manager Gene Montoya, Administrative Asst /Personnel Director SGN /ch 12/6/94 OW Unlbedw+y A United Way Agency City of Pueblo's RFP 94 -081 Form 6 Please Note: All bids must be itemized on this form. Failure to do so will result in the bid being judged non - responsive. 9. COST (Express all costs on a per -hour basis): OPTION 1 - Contractor provides all office facilities: Year One (January 1 - December 31, 1995) $15.04 per hour Year Two (January 1 - December 31, 1996) Optional Year Three (January 1 - December 31, 1997) Optional Year Four (January 1 - December 31, 1998) OPTION 2 - City of Pueblo provides office space (Operations Manager Office and 1 Dispatch /Scheduling Office): Year One (January 1 - December 31, 1995) Year Two (January 1 - December 31, 1996) Optional Year Three (January 1 - December 31, 1997) Optional Year Four (January 1 - December 31, 1998) 10. OPTIONAL E ent osts: 4 Vans @ cost er mile each MILE -- --- L S 12/ 6/94 SiLnpturky Date Stephen G. Nawrocki Typed Name Pueblo Senior Citizen Resource Development & Coordinating Agency, Inc. (SRDA) Executive Director Company Title CITY OF PUEBLO 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 Performance Guarantee XXI Inspection of Records XXII Permitted Business XXIII Subcontracts and/or Third Party Contracts XXIV Contractor's Warranties XXV Non - Collusion XXVI Ethics XXVII Bribery XXVIII Force Majeure XXIX Entire Agreement Appendices A Scope of Work B Performance Standards C Certification Forms /Guidelines D Lease Agreement 1 CONTRACT for Citi -Lift Special Transportation Services between THE CITY OF PUEBLO, A MUNICIPAL CORPORATION and PUEBLO SENIOR RESOURCE & DEVELOPMENT AGENCY THIS Contract, made and entered into this day of ,1994, by and between the City of Pueblo/Pueblo Transportation Company, with principal offices at 350 South Elizabeth Street, Pueblo, Colorado 81003 (hereinafter referred to as CITY), and Pueblo Senior Resource & Development Agency (SRDA) a Non -Profit Agency with principal offices at 230 North Union Avenue. Pueblo, CO 81003 (hereinafter referred to as CONTRACTOR). WITNESSETH: WHEREAS, CITY 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, CITY invited proposals for said services and determined that the CONTRACTOR was the lowest responsive and responsible bidder, and; WHEREAS, CITY and CONTRACTOR desire to enter into a Contract whereby CONTRACTOR is to furnish CITY'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 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. 2 II. SCOPE OF SERVICES CONTRACTOR shall, upon receipt of CITY's notice to proceed, perform all work necessary to complete in a manner satisfactory to CITY, the services set forth, described and referenced in Appendix A: Scope of Work, attached hereto and by this reference incorporated herein and made a part hereof. III. TIME OF PERFORMANCE A. The services to be performed under this Contract shall be for the two (2) year period commencing January 1, 1995, and continuing through December 31, 1996, subject to annual appropriations of the City of Pueblo. Any provision of this Contract or its attachments, or any renewal or extension permitted under same, which imposes or may impose upon City, 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. B. City shall have the option to extend this Contract for two additional one -year periods, with first the option year commencing on January 1, 1997 and ending on December 31, 1997, and the second option year commencing on January 1, 1998 and ending on December 31, 1998. The CITY will retain the option to renew, with the mutual consent of the contracting parties, said contract at the same prices, specifications, and terms and conditions of the contract that will be derived from this request. IV. INDEPENDENT CONTRACTOR CONTRACTOR's relationship to CITY in the performance of this Contract is that of an independent contractor. CONTRACTOR's personnel 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. 3 V. COMPENSATION AND METHOD OF PAYMENT CITY agrees to pay CONTRACTOR, in accordance with the terms of this Contract, all addenda and appendices related thereto and CONTRACTOR'S Proposal, the following: A. Payment of $15.04 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 CITY's maintenance yard, but includes travel time to /from the intended pickup point of no -show passengers. B. Maximum compensation during the first -year period shall not exceed $ 180,480 , and the second -year period shall not exceed $186,240. C. CITY shall deduct from CONTRACTOR's monthly variable cost invoice the following amounts: 1. Any amount which, based on reasonable cause, CITY determines has been omitted, inaccurately or falsely reported by CONTRACTOR. CITY has the right to monitor and periodically audit CONTRACTOR's fare collection, revenue control and reporting procedures without notice. 2. The amount which has been assessed by CITY as liquidated damages. Such amounts shall be calculated by CITY according to the conditions and procedures described in Paragraph VI and Appendix B: Liquidated Damages of this Contract. D. Payment of the above compensation shall be in accordance with the following procedures: 1. 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. 2. CITY shall not accept CONTRACTOR's invoice until all daily, monthly, and occurrence reports that are required of CONTRACTOR, are received in proper form by CITY. 4 3. CITY 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 CITY's verification of CONTRACTOR'S invoice, CITY shall make payment within thirty (30) days following the acceptance of CONTRACTOR's invoice. In the event CITY 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. 4. If the CITY disputes all or part of CONTRACTOR's invoice for reasonable cause, it may withhold payment until such disputes are resolved. VI. PERFORMANCE STANDARDS/LIOUIDATED DAMAGES CONTRACTOR specifically acknowledges that performance standards for Citi -Lift service have been established by CITY. CITY 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 Work in the second year of the Contract. Liquidated damages shall be applied according to the schedule contained in Appendix B: Liquidated Damages. CITY shall have the right to modify Citi -Lift performance standards at any time to accommodate passenger needs. In such event, CITY shall notify CONTRACTOR of changes at least thirty (30) days prior to the effective date of such changes. CITY shall waive the liquidated damages where circumstances are clearly beyond the control of the CONTRACTOR. Any request for such waiver by CONTRACTOR shall be considered by CITY's Director of Transportation, whose decision shall be considered final. VII. INSPECTION AND AUDIT OF RECORDS CITY 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. CITY shall have the right to reject all revenue vehicle hours which fail to comply with the Scope of Work and requirements of this Contract and the documents incorporated herein. However, CITY is under no duty to make such inspections and no inspection or evaluation so made shall relieve CONTRACTOR from any obligation of this Contract and the documents incorporated herein. A. CONTRACTOR shall maintain complete and accurate books of account and records of its business operations under and in connection with this Contract 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. B. Within thirty (30) days after the expiration or termination of this Contract, and at such other times as CITY may reasonably request, CONTRACTOR shall furnish and deliver reports of its business operations in such detail as CITY may prescribe. C. 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. D. CONTRACTOR shall provide annually to CITY, 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 CITY have been maintained and furnished in accordance with CONTRACTOR's books of accounts and records and in accordance with the requirements of this Contract. CONTRACTOR shall permit authorized representatives of CITY to inspect and audit all data and records of CONTRACTOR relative to the performance of this Contract. 6 VIII. CONTRACT CHANGES CITY reserves the sole and absolute right to make changes in Citi -Lift service from time to time as dictated by CITY's needs. If such changes require an annualized adjustment in the number of revenue vehicle hours provide of more than twenty -five percent (25 %) of the base level of service identified in Appendix A: Scope of Work, paragraph C.6, CONTRACTOR and CITY 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 CITY 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 CITY's Director of Transportation who shall render a decision in writing on the issues in dispute and mail or otherwise furnish a copy thereof to CONTRACTOR. CONTRACTOR agrees to proceed in a manner consistent with the decision(s) of CITY's representative. X. TERMINATION Subject to the provisions below, any Contract derived from this Request for Proposal may be terminated by either party upon ninety (90) days advance written notice to the other party; but if any work or service hereunder is in progress but not completed as of the date of termination, then said Contract may be extended upon written approval of the PTC until said work or services are completed and accepted. A. Default CITY may terminate this Contract in any of the following circumstances: 1. If CONTRACTOR fails to provide the services required by this Contract within the time(s) specified herein; or 2. If CONTRACTOR fails to perform any of the other provisions of this Contract or so fails to make progress as to endanger performance of the Contract in accordance with its terms, and in either of these two circumstances does not cure such failure or breach within a period of ten (10) days after written notice from CITY specifying such failure. 7 3. If after the ten (10) day period the failure to perform or breach identified is corrected and then subsequently reoccurs as a chronic failure. C. M In the event of termination under this subparagraph, CITY 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. CITY's rights under this subparagraph shall be in addition to any other rights provided by law or this Contract. Convenience Provision of the services called for in this Contract may be terminated by CITY without cause upon ninety (90) days written notice to CONTRACTOR. In such event, CONTRACTOR shall provide the services to the effective date of termination, and CITY shall make payment in accordance with applicable provisions of this CONTRACT for the revenue vehicle hours provided prior to the effective date of termination. Bankruptcy or Insolvency CITY shall have the right to 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. Termination for bankruptcy or insolvency shall be immediate upon written notice thereof. Termination Due to Unavailability of Funds in Succeeding, Fiscal Years When funds are not appropriated or not otherwise made available to support continuation of performance in a subsequent fiscal year, the Contract shall be cancelled and the CONTRACTOR shall be reimbursed for the reasonable value of any non - recurring costs incurred but not amortized in the price of the supplies or services delivered under the Contract. XI. NON - WAIVER CONTRACTOR and CITY 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 agrees that no assignment of this Contract shall be made without prior written permission from CITY. XIII. INDEMNITY CONTRACTOR hereby agrees to protect, indemnify and hold harmless CITY and its elected and appointed directors, officers, agents and employees, from and against any and all claims, suits, actions for loss damages, cost and expense (including attorneys' fees) arising in any way from CONTRACTOR's activities under this Contract. Such actions of CONTRACTOR shall include but not be limited to: A. 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 CITY's design or method. B. 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. C. All claims, suits, actions, costs, counsel fees, expenses, damages, judgments or decrees arising from personal injury, death or property damage. 0 D. Any and all loss incurred by illegal use or distribution of transfers by unauthorized persons in CONTRACTOR's organization. CONTRACTOR agrees promptly to notify CITY in writing of the assertion of any such claim, suit or action in which CITY is 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, religion, color, sex, age, physical handicap 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, religion, color, sex, age, physical handicap 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. A. 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 the CITY, 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. B. Non - discrimination With regard to the work performed during the Contract, CONTRACTOR shall not discriminate on the grounds of race, color 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. 10 C. 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. D. 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 CITY 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 CITY and shall set forth what efforts it has made to obtain the information. E. Incorporation of Provisions CONTRACTOR shall include the provisions of subparagraphs A through D 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 CITY 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 CITY to enter into such litigation to protect the interests of CITY, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 11 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, religion, sex, national origin or disability 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. 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 CITY 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 CITY approval; and, (c) The award is the low responsive and responsible bid. 12 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 CITY, 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: A. to CITY if hand delivered or mailed by certified mail, postage prepaid to: Director of Transportation City of Pueblo Transportation Department 350 S. Elizabeth Street Pueblo, Colorado 81003 B. to CONTRACTOR if mailed by certified mail, postage prepaid to: Executive Director Pueblo Senior Resource & Development Agency 230 North Union Avenue Pueblo, Colorado 81003 XVIII. CHOICE OF LAW This Contract shall be construed and interpreted in accordance with the laws of the State of Colorado. 13 XIX. INSURANCE The successful proposer shall indemnify, defend and hold harmless CITY 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 or the delivery of the product under this Contract. Prior to commencing work, CONTRACTOR shall furnish a Certificate of Insurance showing the minimum limit of insurance coverage. A. WORKER'S COMPENSATION - Statutory limits required by State law. B. EMPLOYERS' LIABILITY - $500,000 minimum limit. C. COMPREHENSIVE GENERAL LIABILITY - $500,000 - Bodily Injury and Property Damage (Combined Single Limit) D. COMPREHENSIVE AUTOMOBILE LIABILITY - $3,000,000 - Bodily Injury and Property Damage (Combined Single Limit) The Certificate of Insurance shall name CITY as Additional Insured on all policies covered by the Certificate as to work performed for or on behalf of CITY, services provided to or rendered on behalf of CITY, or goods delivered to CITY. 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. Comprehensive General Liability coverage shall include Premise /Operations; Dependent Contractors; Products /Completed Operations; and Perils of Explosion, Collapse and Underground Liability (XCU); Personal Injury, Broad Form Property Damage including Completed Operations. 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 CITY's Director of Transportation 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. 14 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 CITY, 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 CITY under this Contract. XXI. PERMITTED BUSINESS CONTRACTOR shall be authorized to do business in the State of Colorado and the City 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 CITY 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 CITY. CONTRACTOR shall be solely responsible for all legal and financial responsibilities relating to execution of contracts or third party agreements. XXIII. CONTRACTOR'S 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 the CITY an opinion of counsel, acceptable to the CITY, 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. 15 XIV. 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 CITY 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 CITY 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 which 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 CITY; (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. XXVIL FORCE MA.IEURE CITY 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 CITY. 16 XXIII. ENTIRE AGREEMENT This Contract, together with appendices hereto and documents incorporated herein by reference, constitute the entire agreement between CITY and CONTRACTOR, supersedes any and all prior written or oral agreements or understandings, and may be modified only by a writing executed by both CITY and CONTRACTOR. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Contract as of the date first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION B � 'e CONTRACTOR By: �� l4CLotcLt.u: �/��C.007cZ- Title Vice Chair, SRDA Board of Directors 17 APPENDIX A SCOPE OF WORK APPENDIX A SCOPE OF WORK This Scope of Work contains technical specifications for Citi -Lift paratransit services to be provided by CONTRACTOR to CITY. A. DESCRIPTION OF SERVICE Citi -Lift is the City of Pueblo's complimentary paratransit service as required by the Americans with Disabilities Act (ADA), and as described in 49 CFR Part 37 and PTC guidelines. Citi -Lift service is available to eligible persons only. Passenger eligibility is determined exclusively by CITY. Using vans and small buses owned and maintained by CITY, CONTRACTOR operates up to four revenue vehicles in pre - scheduled, demand responsive service six days per week, Monday through Saturday, 6:45 a.m. until 6:45 p.m. The service area includes the incorporated limits of the City of Pueblo, 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 CITY as described in this Scope of Work. 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. A -1 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 permitted without the prior written permission of CITY. 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 Work, including direct supervision of the work of CONTRACTOR's personnel. CITY 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. CITY 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 PTC staff at least once per month, or more often as required by CITY, to discuss and resolve any matter raised by CITY or CONTRACTOR. A -2 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, CITY 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 CITY within thirty (30) days following issuance of CITY's written request. CONTRACTOR shall not replace or remove the Operations Manager without the written consent of CITY. 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 CITY 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. 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 CITY 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 CITY. 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. A -3 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 or DWI 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 CITY 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 CITY six (6) months after commencement of service, and 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 PTC /City of Pueblo 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 CITY. CONTRACTOR shall be responsible for removing from service any driver who at any time fails to meet minimum qualifications specified in this Scope of Work, or for other reasonable causes. CONTRACTOR shall be responsible for preparing all operator work assignments necessary to provide the Citi -Lift services specified in this Scope of Work. 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. A -4 Citi -Lift drivers shall at all times while on duty wear a uniform which is neat, clean and free from apparent wear. CONTRACTOR shall describe the uniform and dress code in its written proposal to CITY, and 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 All offices and other facilities necessary to support CONTRACTOR's activities under this Contract shall be provided by CONTRACTOR. For practical reasons, such facilities should be located near CITY's operating facility located at 350 S. Elizabeth Street 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 bus 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 CITY 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. A -5 Two (2) incoming telephone lines shall be provided by CONTRACTOR 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. 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, CITY, 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 CITY to make complete use of such software. CITY 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. CITY 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. CITY 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 Safetv 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 be generally comparable to training provided by the CITY to PTC employees. A -6 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) must be provided to all drivers by a certified Passenger Assistance trainer and is provided 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 teaching about different types of disabilities. The training program shall include a safety component, through which Citi -Lift passengers, CONTRACTOR and CITY 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. 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 PTC fixed routes. A -7 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 CITY at least five (5) days following prior to the initiation of service delivery. 10. Accident and Incident Investigation Any accident or incident which might cause injury to CONTRACTOR, CITY, or third party shall be immediately recorded and investigated by CONTRACTOR. CITY shall be informed by telephone immediately following the occurrence of any accident or serious 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 CITY in narrative format. CONTRACTOR shall submit written documentation of its accident and incident handling procedures to CITY at least five (5) days following prior to the initiation of service delivery. 11. Service Complaints CONTRACTOR shall cooperate fully in the complaint resolution process administered by CITY. Passengers shall be advised that complaints are to be directed to PTC at a telephone number established for such purpose. All customer complaints about Citi -Lift service received by CONTRACTOR shall be referred to CITY for processing. Using a form provided by CITY, PTC 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 provide an explanation of the complaint or problem in writing. Such response shall be made on CITY's form and be in sufficient detail, including the action(s) taken to resolve the complaint or problem. A -8 12. Fare Collection CONTRACTOR shall charge fares and strictly adhere to fare policies established by CITY. CONTRACTOR shall be solely responsible for the collection of fares using the fareboxes provided by CITY. CONTRACTOR's employees shall not attempt to open fareboxes or handle fares collected from passengers. A daily revenue summary report shall be submitted to CITY 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 no fare passengers; and total passengers carried. CONTRACTOR shall be required to retain all completed Citi -Lift service schedules for inspection by CITY 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 CITY's discretion. 13. Data Collection, Record - Keeping and Reporting CONTRACTOR shall submit operating data and other information to the satisfaction of CITY, according to a schedule established by CITY. As part of the RFP Package, CONTRACTOR shall submit samples of data collection, recordkeeping and reporting forms as prescribed in this section for the CITY's review. CONTRACTOR shall make reasonable modifications at the request of the CITY and shall cooperate fully with the CITY if modifications are needed over time. CITY 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 CITY. A -9 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 Appendix A: Scope of Work. 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 Section 15 random trip sample data as directed using forms provided by CITY and provide other information required under Section 15. 2. CONTRACTOR shall cooperate with the CITY in the conduct of periodic opinion and ridership surveys. CONTRACTOR shall permit personnel authorized by CITY 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. A -10 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 CITY. 15. Marketing Assistance CONTRACTOR may periodically be requested to participate in various aspects of CITY'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 CITY. No materials shall be distributed unless approved by CITY. 14. Non - Authorized Use of Revenue Vehicles CONTRACTOR shall not be permitted to use the revenue vehicles used to provide the paratransit services described in this Scope of Work for any other service unless directed to do so by CITY. 16. Advertising on Vehicles No exterior or interior advertising shall be permitted on any revenue vehicle without the prior written approval of CITY. This applies to both commercial and non- commercial advertising. C. CITY's RESPONSIBILITIES 1. Service Characteristics CITY shall have the exclusive right to determine all characteristics of Citi -Lift service. CITY, at its sole option, may modify the service level, fare, eligibility criteria, or any other aspect of Citi -Lift service. A -11 2. Revenue Vehicles CITY shall provide all vehicles used to provide Citi -Lift service. Vehicles shall be provided 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 CITY in the same condition, reasonable wear and tear excepted. CITY makes no representation or warranty or 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, 1995, the revenue fleet shall include the following vehicles: Year Make /Model Mileage Seats Accessible Features 1993 Chrysler Caravan 14,267 6 - 2 W/C W/C Ramp 1993 Chrysler Caravan 13,399 6 - 2 W/C W/C Ramp 1990 Ford Econoline 147,983 12 - 2 W/C W/C Lift 1990 Ford Econoline 149,326 12 - 2 W/C W/C Lift 1990 Ford Econoline 152,143 12 - 2 W/C W/C Lift All Citi -Lift revenue vehicles shall be owned by CITY and housed at CITY's operating facility located at 350 S. Elizabeth Street 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 RFP. 3. Revenue Vehicle Maintenance CITY 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. CITY 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. A -12 I I M 11 111 All maintenance shall be in accordance with the manufacturer's suggested maintenance schedule, and CONTRACTOR shall be responsible for scheduling vehicles for routine maintenance. CITY 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 CITY. 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 inspection reports to CITY's maintenance foreman or other designated employee prior to departing CITY's yard with the vehicle. 4. Marketing CITY shall be responsible for all marketing and promotional activities relating to the transit services provided, but may request assistance of CONTRACTOR as described in Paragraph A.13 of this Scope of Work. 5. Liaison with Local Jurisdictions CITY 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, CITY staff. 6. Level of Service CITY shall authorize CONTRACTOR to operate up to twelve thousand (12,000) revenue vehicle hours per year. This base level of service may be adjusted at the sole discretion of CITY at any time during this Contract. A -13 For the purposes of this RFP, 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 (31) minutes of that sixty (60) minute period. Revenue vehicle hours excludes all vehicle travel time to and from the CITY's maintenance yard, but includes travel time to /from the intended pickup point of no -show passengers. CONTRACTOR specifically agrees to invoice CITY 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. Time Period Number of Vehicles Revenue Vehicle Time 6:45 a.m. - 7:00 a.m. 2 :30 7:01 a.m. 10:00 a.m. 4 12:00 10:01 a.m. - 1:00 P.M. 3 9:00 1:01 p.m. - 5:00 p.m. 4 16:00 5:01 p.m. - 6:00 p.m. 3 3:00 6:01 p.m. - 6:45 p.m. 2 1:30 TOTAL WEEKDAY 42:00 6:45 a.m. - 6:45 p.m. 2 24:00 TOTAL SATURDAY 24:00 ANNUAL SCHEDULED REVENUE VEHICLE HOURS 11,958 A -14 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 CITY and CONTRACTOR, CITY's Director of Transportation 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 CITY's Director of Transportation. CONTRACTOR may request permission of CITY 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. D. 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 Work. Under the circumstances defined in Appendix B of the Contract, CITY may assess liquidated damages for performance which falls below a specified threshold with respect to the reliability and safety of service provided during the second year of the Contract. 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 A -15 APPENDIX B PERFORMANCE STANDARDS APPENDIX B PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES CONTRACTOR shall at all times be required to operate demand responsive services which meet the minimum performance standards. Under circumstances as defined in this section, CITY 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 dropoff 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 CITY based upon a routinely selected sample of trips operated by CONTRACTOR. CITY 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. No liquidated damages for schedule adherence will be assessed by CITY until April 1, 1995. B -1 CONTRACTOR shall not falsify data. CITY 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. 3. Submittal of Reports CONTRACTOR shall submit all data, records and reports required by CITY within the timeframe established for each document. CONTRACTOR's monthly invoice shall not be accepted by CITY 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 CITY. 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: B -2 Service Productivity (Passengers per RVH) 2.0 or higher 1.9 1.8 1.7 1.6 1.5 or below Liquidated Damagoes (Dollars) 0 200 400 600 800 1,000 No liquidated damages for service productivity will be assessed by CITY until April 1, 1995. B -3 APPENDIX C CERTIFICATION FORMS /GUIDELINES Q v-rw/ w r Pueblo Transportation Company Ts�tp r�- •t....�e * + - v---. . .rw.•�.+w - arf.. Wwr -- rt —� -- -- lai.IlW.r " •Lr t Y 4M1.91 C l 'f '.-i 'l,. el L �S Dear Sir/Madam: Thank you for expressing interest in the Pueblo Citi -Lift Service. Enclosed, please find a copy of the Service Guidelines and the Physician's Assessment Criteria (application form) for the specialized transit service. Once the Certification Form (Attachment B) has been completed and signed by a Doctor of Medicine, as outlined in the attached forms, please return this form to our office at Pueblo Transportation Company, 350 South Elizabeth, Pueblo, Colorado 81003. If you have any further questions, please do not hesitate to call this office at 542 -4306. Thank you! 350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306 Pueblo Transportation Company Physicians Assessment of Qualifying Criteria for Specialized Transit Service The Pueblo Transportation Company of the City of Pueblo, is contracting with SRDA for Specialized Transportation Services for individuals that are disabled and cannot physically or mentally use regular public transportation The service will be door -to -door service and each passenger must be certified as unable to use regularly scheduled service because of the nature of their disability, distance to regular bus stops or the surrounding terrain. Attached is the Pueblo Transportation Company Eligibility Criteria Statement and Physicians Certification Form (Yellow Paper). In order for an individual to be eligible for this service, it is necessary that a Doctor of Medicine, licensed in the State of Colorado, certify the applicant's disability by completing, signing and returning the Physicians Certification Form, Attachment A and B (Yellow Forms). Please review the attached criteria before completing the certification forms; also review the requirements under the appropriate disability heading and check the disability that applies. The Pueblo Transportation Company will utilize this information only for the purpose of determining eligibility for specialized door -to -door service. Information submitted will be treated as confidential and will not be released to any other person, agency, institution, or organization without the express written consent of the applicant. Thank you for your cooperation. 350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306 WW II 11 Ri Ab� 11 -_ — Pueblo Transportation Co mpany 4iti1;�r+'�r:+tt'±.•kde�� '= �tia '+1Gixat:�u,��c'�l'9.*l� Jfp'¢° r:RZv:;!4''i�x1:�:�R'itN47.�'i" Eligibility Criteria for Specialized Transit Services 1. The user's physical, developmental or mentally disordered disabilities has been certified within the guidelines, as outlined in Attachment A. Certification of disability is to be completed by a Physician. Once eligibility has been established in accordance with Item #1 above, the following general guidelines will be considered for utilization of the SRDA 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. 350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306 ATTACHMENT A Pueblo Transportation Company ... :m:..i.r • ^,a - - ,�..y .•.��s.;�rry. �. z... � .�. ,�,M. L. C,� .i+,•„Lya -t � ,.. PHYSICIANS CERTIFICATION CRITERIA FOR SPECIALIZED TRANSIT ELIGIBILITY 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 WITHOUT SPECIAL FACILITIES OR EQUIPMENT. PHYSICAL DISABILITIES: 1. Non - Ambulatory Disabilities. 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 '.icluding individuals using a long leg brace, a walker or crutches to achieve mobility. 3. Semi - Ambulatory Disabilities. 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 Disabilities. 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 Disabilities. 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 loss. 350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306 A Persons with as Respiratory System. Classes of Respiratory Impairment 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 walking 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 Ill'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. Functional Classification 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. Therapeutic Classification 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. -2- 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) L 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. Disabilities of Incoordination. 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. DEVELOPMENTAL DISABILITIES Persons who are so developmentally disadvantaged from infancy or before reaching maturity that they ara 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. -3- _ 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. Neurological Handicap. 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. MENTALLY DISORDERED DISABILITIES: 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. -4- ATTACHMENT B Pueblo Transportation Company ^ nl �i�icN ?`4;'�'�It."J`°w��57'S'tr ' a, �, �,, �►: Sts�t:: ii�w' 1:. ainWfik^ 5{ �.,t ahv;+ ��vi?Rx3k! tEcx. i���4': �?IL' �' �r4�� '��4�N?',!?�T�4'k.7�1.Q•�'DJ,t . �fiii. ,�'i1391�1'1C�{+ -. PHYSICIANS CERTIFICATION FORM 1. APPLICANT INFORMATION (Please Print or Type) Name of Handicapped Person: Address of Applicant: Applicants Phone Number: City State Zip 2. DETERMINATION OF PHYSICIAN A. Duration of Handicap or Disabling Condition (Check One) Permanent Condition Temporary Condition (Estimated duration of Months) B. Numbered item of Handicap or Disability based on the aforementioned criteria: (Items 1 -17) 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. 1, 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 EQUIPMENT 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 Physician: DO NOT WRITE BELOW THIS LINE AUTHORIZED BY: COMMENTS: DATE OF ISSUE: NUMBER 350 South Elizabeth Street Pueblo, CO 81003 (719) 542 -4306 ITImLIFT SPECIALIZED TRANSIT SERVICE INFORMATION AND GUIDELINES The following information is provided as assistance to those individuals who are eligible and certified to receive specialized transit service. This service is being contracted to SRDA by the City of Pueblo's, Pueblo Transportation Company. The service to be performed by SRDA shall consist of transportation service to the disabled, handicapped and elderly as prequalified by the Pueblo Transportation Company or visitors who meet the qualifications for a period not to exceed 30 -days in and about the City of Pueblo. These guidelines are established for the convenience, cost effectiveness, responsiveness and to provide an accessible transportation service for those in the City of Pueblo who are eligible. 01. Individuals wishing to be certified for the use of the service are required to contact the Pueblo Transportation Company at 350 S. Elizabeth St. to obtain a Physician's Certification application form. 02. Once certified by the PTC, individuals may call for appointments at 546 -CITI or 546 -2484 Appointments may be made Monday through Sunday from 6:45 a.m. to 6:45 p.m., except holidays. 03. The specialized transit service is available to qualified individuals who request it within 24 hours of a request, based on the provider's (SRDA) ability to accommodate the request (scheduling availability) 04. No priorities or restrictions based on trip purpose shall be imposed on individuals requesting the service. 05. Fare for certified individuals utilizing the service will be $1.00 per one -way trip. One certified (by the Pueblo Transportation Company) Personal Care Attendant 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 $1.00 per one -way trip. EXACT fare is required, drivers will not make change. 06. Monthly passes for unlimited rides during the month may be purchased for $18.00 at the Pueblo Transportation Company Office, or by mailing a check or Money Order to the PTC Office. 07. The specialized transit service will provide service to the same area as is provided by the service to the general public (City of Pueblo, Pueblo City Limits). 08. The specialized transit service will be available from 6:45 A.M. - 6:45 P.M., Monday - Saturday. Guidelines - continued 09. There will be no service on Sundays, Fourth of July, Labor Day, Memorial Day, Thanksgiving Day, 1/2 Day Christmas Eve (12 noon - 6:45 P.M.), and Christmas Day, 1/2 day of New Year's Eve (12 noon - 6:45 P.M.), and New Year's Day,. 10. Schedules will be arranged on a first- come - first -serve basis. When scheduling an appointment, keep in mind travel time to and from your appointment. Other patrons may be on the van to be dropped off enroute to your location. 11. Appointments may be scheduled up to 14 calendar days in advance. Consequently, individuals should call as soon as possible. 12. 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 in to a store. This would make them late for their next scheduled pick -up. 13. 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. There will be an answering service during nonbusiness hours so that messages can be received. 14. Rides will be scheduled according to geographical locations to accomodate 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. It is essential that pick -up and drop -off points remain as initially scheduled. 15. All wheelchairs must be in safe operating condition, i.e., tires inflated and wheelchair locks (brakes) properly adjusted. 16. It is not the responsibility of the provider (SRDA) to locate a patron or provide special equipment, i.e., wheelchair, walkers. In addition, if a passenger is seriously ill, it would be advisable for an aide to ride with them. The provider's (SRDA) employees are not permitted to enter a patron's home and the service is designed as a door -to -door service only 17. Patrons who cancel less than 24 hours prior to a ride five (5) times 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 for cancellations. 18. Two (2) "no shows" or more by a patron per month may result in removal from the transit service list. Consideration will be given for extraordinary circumstances which may have prevented the patron from giving adequate cancellation notice. Guidelines - continued 19. If a patron is found to have abused either guidelines #16 or #17, they will be removed from the specialized transit service list for one (1) month, 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 Pueblo Transportation Company Transit Advisory Committee to be reinstated for future specialized transit service. 20. All certified Citi -Lift patrons will be provided with a picture identification card. This identification card should be made available on request by the driver. Once issued, these I.D. Cards will be accepted in any other city which offers Americans with Disabilities Act (ADA) paratransit service. 21. Specialized transit service patrons will be guaranteed an "on -time" pick -up of ± fifteen (15) minutes of their scheduled pick -up time. 22. All accidents should be reported to the operator of the vehicle with no exceptions. 23. If you have special needs (wheelchair lift, hearing or sight impairements) please advise the dispatcher of these needs when scheduling an appointment. We would appreciate it if all patrons of this valuable service would comply with the above - mentioned guidelines for the convenience of all passengers and the providers of the service. Please be courteous of other passengers and clients who utilize this service. If you have any questions, comments or service complaints, please call SRDA at 546 -CITI or 546 -2484. You may also call the Pueblo Transportation Company offices at 542 -4306 to express any concerns or complaints that you may have relating to the operation of the specialized transit service. APPENDIX D LEASE AGREEMENT I I I�ILII�III11'III EQUIPMENT LEASE THIS LEASE made this day of , by and between the the City of Pueblo, a Municipal Corporation, hereinafter referred to as "City ", as Lessor, and the Pueblo Senior Resource & Development Agency (,SRDA) hereinafter referred to as Lessee. 1. 2. The City hereby leases to Pueblo Senior Resource & Development Agency SRDA the following described property consisting of five (5) 6 to 16 passenger wheelchair accessible vans: MAKE MODEL 1990 Ford Supreme Vans (3) 1993 Chrysler Caravan (2) VEHICLE ID NUMBER 821, 822, 823 824,825 on the following terms and conditions: Terms. This lease is for a term of two years commencing 1/1/95 and ending 12/31/96 3. Ownership. The leased vehicles shall at all times remain the sole and exclusive property of the City. Pueblo Senior Resource & Development Agency SRDA shall have no right, title or interest therein except for the right to use the vehicles on the terms set forth herein. Lease Agreement Page 2of5 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 the City has made no representations or warranties, oral or written, express or implied, in connection with these vehicles. Lessee hereby waives and agrees not to assert any claim or defense against the City by reason of any defect in the equipment or any warranties, representations, service or maintenance agreements, expressed or implied, made by City, the manufacturer of the vehicles or any other person. S. City Duties - Maintenance. The City 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. 6. Duties - Maintenance. The City 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. Lease Agreement Page 3 of 5 The City 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 handicapped. Lease Agreement Page 4of5 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 employes 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. 11. Return Upon the termination of this lease, or any extension thereof, Lessee shall return the leased vehicles to the City in good interior, exterior and mechanical condition, ordinary wear and tear excepted. 12. Indemnity The City 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 the City harmless from any and all claims against the City 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. Lease Agreement Page 5 of 5 13. 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 City and Lessee. IN WITNESS WHEREOF the parties have executed this Lease as of the date above written. � Q V ity of Pueblo, a Municipal Corporation Pueblo S.R.D.A. Lessee Company Name Signature of Representative December 22, 1994 Date Date REQUIRED CERTIFICATIONS CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The SRDA Board of Directors , certifies to the best of its knowledge and belief, that it an its principles: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4) Have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT), _ Ernamarie T. Williams , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO. Signature and Title of Authorized Official Vice Chair, SRDA Board of Directors The undersigned chief legal counsel for the SRDA Board of Directors hereby certifies that the Vice Chair has authority under State and Local Law to comply with the subject assurances and that the certification above has been legally made. Sign re of Applicant's Attorney id. d i 1941 Date CONTRACTOR CERTIFICATION OF DISCLOSURE OF FEDERAL LOBBYING ACTIVITIES This is to certify that, to the best of my knowledge and belief, the following is accurate, complete, and current as of December 22, 1994 Date 1) "No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement." 2) "If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions." (a copy of this form is available upon request.) 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction unposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pueblo Senior Citizens Resource Development and Coordinating Agency, Inc. Company epresentative TITLE VI ASSURANCE During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor ") agrees as follows: 1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the City of Pueblo Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter, referred to as the "Regulations "), which are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements for materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: The contractor shall provide all information and reports required by the 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 the City or the Federal Transit Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the City, or the Federal Transit Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Title VI Assurance -- Continued S) Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the City shall impose contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited to: a) withholding of payments to the contractor under the contract until the contractor complies; and /or b) cancellation, termination, or suspension of the contract, in whole or in part. 6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issue pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the City or the Federal Transit Administration may direct as a means of enforced such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interests of the City, and, in addition, the contractor may request the United States to enter into such litigations to protect the interests of the United States. Pueblo Senior Citizens Resource D evelopment & Coordinating Agency, Inc. Company Representative I WE U. Li L•IL �. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that: 1) No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and, 3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract award in excess of $100,000 shall certify and disclose accordingly. Pueblo Senior Citizens Resource Development & Coo rdinating Agency, Inc. Name of Firm and Title of Ofd of Firm Board of Directors -(0 -'/ l all � / � — 12/22/94 ture of Officer of Firm Date