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HomeMy WebLinkAbout[11a] Tri-Cap Busing Opportunities i CITY OF NT. JOSEPH Council Agenda Item 11(a) MEETING DATE: September 2, 2010 AGENDA ITEM: Tri -Cap, Busing Opportunities SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The City Council previously agreed assigned Steve Frank to meet with a group of to discuss transportation, specifically busing opportunities. The original intent was to discuss potential connection to the Northstar Corridor via bus. The Committee included the following: Linda Elfstrand (Tri Cap), S. Kara Hennes, S. Margaret Worm, Rick Schultz, Steve Frank. PREVIOUS COUNCIL ACTION: The Council discussed the concept of providing two day a week bus service at the August 5, 2010 Council meeting. The Council was being asked to make a decision if the city would enter into an agreement with Tri Cap to provide two day a week bus service. At this meeting the Council was provided with the draft contract and the following information: • Tri Cap can provide inter and intra City curbside busing two days per week between the hours of 9:00 AM and 3:45 PM. The proposed service would include Mondays and Thursdays. • The bus service would be curbside and residents would simply call Tri County to schedule a trip. • The proposed fares are as follows: Within St. Joseph $ 1.25 per board (each way) Outside St. Joseph $ 3.00 per board (each way) • Rick Schultz had offered to contact one of the service groups to see if they would be willing to help offset the cost. S. Kara has also indicated that the Monastery would be willing to contribute. BACKGROUND INFORMAITON: Tri Cap currently has an opportunity to provide busing two days a week within their current schedule and funding. Tri Cap determines routes based on available funding and at this time a route that has been operating will cease creating an opening. The proposal would be to have busing on Mondays and Thursdays between 9:00 AM and 3:45 PM. Since Tri -Cap does this type of service in other communities, they are proposing to use the same contact as is used in Melrose. A copy has been included for your review. The agreement has been reviewed by the City Attorney and his only comment was to clarify the terms of payment and the financial contribution in the event of termination. The attached contract has been updated and forwarded to Tri Cap for review and comment. I have also attached an email from Steve Frank whereby he was notified that the Lions would fund $ 800 of the cost of the busing and an email from S. Kara of the Monastery indicating their willingness to financially contribute. 11(a):1 Based on the correspondence received the costs would be covered if the Lions contributed $ 800 and the City and Monastery each contributed $ 800. The City would have the ability to cover the $ 800 from the 2010 budget. ATTACHMENTS: Request for Council Action 11(a):1 -2 Proposed Contract 11(a):3 -6 Steve Frank Email 11(a):7 S. Kara Email 11(a):8 REQUESTED COUNCIL ACTION: Provide the staff with direction as to whether to proceed with contract review and implementation or to decline the services. 11(a):2 Tri- County Action Program, Inc. 2010 -2011 Transportation Program Contract This contract is made by and between the City of St. Joseph and Tri - County Action Programs, Inc. (Tri -CAP) effective as of the 20 day of September, 2010. I. FINANCIAL PARTICIPATION A. Payment by City of St Joseph. The City of St. Joseph agrees to purchase 14 hours of bus service per week from Tri -CAP at a cost of $2,400.00 for 15 months of service or $ 160 per month, during the period of September 20, 2010 to December 31, 2011. Subsequent contracts will be negotiated annually on a calendar year. Tri Cap shall bill the City of St. Joseph quarterly for services provided. B. Tri - County Action Programs, Inc. shall manage the transportation system, employ the bus driver and dispatcher, and provide an accessible vehicle and administrative support to the system. Tri -CAP is and shall remain an independent contractor with respect to any and all services provided under this Contract. Tri -CAP and the City of St. Joseph agree that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint venturers, or associates between the parties or as constituting Tri -CAP, its employees, agents, or subcontractors as employees of the City of St. Joseph for any purpose or in any manner whatsoever C. Level of Service. The Tri -CAP Transportation Program will provide to the residents of the City of St. Joseph, dial -a -ride transportation services within the city limits as well as flexible route service between St. Joseph and the St. Cloud area for at least 14 hours per week during the period of 9:00 a.m. to 4:00 p.m. on Monday and Thursday, with more hours on other weekdays under the regular Tri -CAP dial -a -ride services and as schedules permit. Service will not be provided on the following holidays: New Years Day, Good Friday Afternoon, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas Eve and Christmas Day. Ride reservations can be made 24 hours or more in advance, by calling the Tri -CAP Office. Trips with Tess than 24 hour advance notice will be provided as they can be scheduled. II. MANAGEMENT OF TRANSPORTATION SERVICE A. Management Plan. Tri -CAP is operating under the provisions of the current Management Plan as approved by the MN Department of Transportation's Office of Transit (MNDOT) which is on file at said office. Tri -CAP agrees to over see and operate the project in accordance with the Management Plan and any revisions thereof. The parties agree that the Management Plan, including the budget thereof, can be amended only with written approval of the MNDOT Grant Administrator. Any modification of the Management Plan by Tri -CAP without securing prior approval shall jeopardize continued funding. III. RECORDS AND DOCUMENTATION A. Records. Tri -CAP agrees to maintain the accounting and operating records required by MNDOT. These records will be available for review upon written request by City, State and Federal officials. Records will be retained for at least three years. B. Reports. Tri -CAP agrees to provide the St. Joseph Planning Committee or other designated parties with regular reports of number of passengers served. 11(a):3 IV. CONTRACT PERIOD A. Effective Period. The Contract shall be in effect from September 20,2010, through December 31, 2011. B. Termination. Either party may terminate this contract, with or without cause, upon 45 days written notice. In the event of termination, the City of St. Joseph shall only be financially responsible for the months in which service is provided, $ 160 times the number of months. V. GENERAL PROVISIONS A. Tri -CAP agrees that subsections B, C, D, E, and F of this section, below, shall be included in their entirety in any subcontracts executed between itself and any third parties for goods and services provided for in this Contract, requiring that such subcontractors make the same undertaking as therein required of Tri -CAP. B. Equal Employment Opportunity. In connection with the execution of this agreement Tri -CAP agrees that it shall not discriminate against any employee or applicant for employment because of race, color, sex, creed, marital status, status with regard to public assistance, disability, national origin or age. Such actions shall include, but are not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selections for training, including apprenticeship. C. Prohibited Interests. Tri -CAP agrees that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services hereunder. Tri - CAP further agrees that in the performance of the agreement no person having any such interest shall be employed by it. D. Services. Services performed by Tri -CAP, under this agreement shall be performed in a diligent and competent manner and their performance shall be subject to review and inspection by designated agents at all reasonable times. Tri -CAP will be responsible for the performance of any subcontractor. E. Insurance. Tri -CAP agrees to provide and maintain insurance coverage of the types and in the amounts specified below to indemnify any losses and cover any claims arising out of the furnishing of the services covered by the Contract: 1. Commercial General Liability - $1,000,000.00 per occurrence, including the following endorsements: a. Premises and Operations Bodily Injury and Property Damage, b. Personal and Advertising Injury, c. Blanket Contractual Liability, and d. Products and Completed Operations Liability. 2. Commercial Automobile Liability - $1,000,000.00 per occurrence, including the following endorsement: Owner, Hired, and Non -Owned Automobile. 3. Worker's Compensation Coverage — at limits not less than: a. $100,000.00 bodily injury by disease per employee, b. $500,000.00 bodily injury by disease aggregate, and c. $100,000.00 bodily injury by accident. Within thirty days of execution of this Contract Tri -CAP will provide the City of St. Joseph with evidence that all 11(a):4 policies are current, in effect, and name the City of St. Joseph as an Additional Insured. Any policy obtained and maintained under this Contract shall provide that it shall not be canceled, materially changed, or not renewed without thirty days prior written notice to the City of St. Joseph. Tri -CAP further agrees to require any subcontractor with whom it contracts for goods or services in connection with this Contract to provide and maintain insurance coverage of the types and in the amounts as specified in this Contract. F. Indemnity. Tri -CAP agrees to indemnify and save harmless City of St. Joseph from and against all claims or demands of every nature on account of injury to or death of persons or damage to or loss of property, caused by or resulting in any manner from any acts or omissions of Tri -CAP, its subcontractors or its agents or employees, in performing or failing to perform any of the services, duties, or operations to be performed by Tri -CAP and any subcontractor, under this agreement. It is hereby understood and agreed that any and all employees of Tri -CAP and all other persons employed by Tri - CAP in the performance of any of the services required or provided for under this agreement shall not be considered employees of the State or City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of Tri -CAP's employees while so engaged on any of the services to be rendered under this agreement by Tri -CAP shall in no way be the obligation or responsibility of the State or the City. G. Limitations. Tri -CAP shall not be required to furnish the service or any portion thereof in the event of its inability to do so by virtue of a concerted refusal of its employees to work or any strike of any kind or character of its or other employees, including a so- called wildcat strike or slowdown or stoppage, any riot, civil strife or disturbance, closing of streets, roads, routes or bridges, inclement weather, destruction by any means or methods of any of its property necessary for the performance thereof, flood, fire, act of God and any other cause beyond its control. Tri -CAP agrees to attempt to resolve quickly all matters related to uncontrollable circumstances and use all reasonable efforts to mitigate its effects. H. Waiver. The failure of the City of St. Joseph at any time to insist upon strict performance of any of the terms, conditions and conventions herein shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. 1. Notices. Any notices and other written communications required or permitted to be given under the Contract shall be deemed given if personally delivered, or if mailed by U.S. registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: Tri -CAP: CITY OF ST. JOSEPH: Angela B. Theisen Judy Weyrens Tri- County Action Program, Inc. City Administrator 1210 23` Avenue South P.O. Box 668 P.O. Box 683 St Joseph, MN 56374 Waite Park, MN 56387 .1. Laws of Minnesota. This Contract shall be construed and interpreted in accordance with the laws of the State of Minnesota. All claims or litigation under this Agreement shall be filed and heard in the District Court of 11(a):5 Stearns County, Minnesota. K. Validity. The unenforceability or invalidity of any provisions of this Contract as to any persons or circumstances shall not render that provision or those provisions unenforceable or invalid as to any other persons, or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. I.. Severability. The provisions of this Contract are severable and in the event any paragraph, subparagraph, sentence, word or other portion of this Contract is declared illegal or unenforceable, the remainder of this Contract shall be binding upon the parties. M. Headings. The headings of the sections contained herein are for convenience only and are not to be construed to be part of, or limit, or affect the terms. N. Entire Agreement. This Contract contains all of the terms and conditions of this transaction and supersedes any former documents or terms and conditions, written or verbal, by any party or agent or employee of a party; the dispute of any term or condition of this transaction shall be interpreted exclusively within the written terms of this Contract. O. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing and signed by the parties. P. Binding. This Contract is binding on and enforceable by and against the parties, their successors, legal representatives and assigns. Q. Counterparts. This Contract may be simultaneously executed in any number of counterparts, each of which will be executed and delivered, but will constitute one and the same instrument, and each of said counterparts shall for all purposes be deemed to be an original. R. Authority. Tri- County Action Program, Inc. is a non - profit corporation duly organized, validly existing, and in good standing under the laws of the State of Minnesota. The City of St. Joseph is a municipal corporation duly organized, validly existing, and in good standing under the laws of the State of Minnesota. The persons signing on behalf of Tri- County Action Program, Inc. and the City of St. Joseph each have the absolute right, power, and authority to enter into this Contract on behalf of their respective organizations. In Witness Whereof, the parties have signed this agreement as of the day and year first above written. CITY OF ST. JOSEPH TRI- COUNTY ACTION PROGRAM, INC. By: By: Alan Rassier, Mayor Todd E. Malcolm, Board Chair By: By: Judy Weyrens, Administrator Angela B. Theisen, Executive Director 11(a):6 Judy Weyrens From: Hennes, Kara [KHennes ©CSBSJU.EDU] Sent: Wednesday, August 25, 2010 12:42 PM To: Judy Weyrens Subject: Tri -Cap's Proposal Sisters of Saint benecIict MEMO To: Judy Weyrens, City Administrator From: Sister Kara Hennes, Treasurer Date: August 23, 2010 Re: Transportation Proposal Hi Judy, You and I discussed this proposal by phone but I also wish to indicate in writing that the Sisters of St. Benedict are very supportive of Tri -Cap's willingness to extend their services in St. Joseph. We believe that this additional service provides help to many persons who are not able to drive or find drivers to take them to medical appointments, shopping or errands. Tri -Cap wishes to start a trial of the expanded service if we can commit some funding to assist them. The Sisters are willing to match the gift from the Lions Club. It is our hope that the City will also match the Lions Club gift. If there is an amount remaining after the matches, we are willing to split the difference with the City. I hope this captures our discussion but let me know if you understood something different! Thanks very much for your help! 11(a) :7 Judy Weyrens From: Frank, Stephen [sfrank @stcloudstate.edu] Sent: Wednesday, August 18, 2010 9:07 AM To: Judy Weyrens Subject: bus Judy received this from Rich regarding the bus and Lions The Lions finance committee met last night and after some very good discussion from the group and all Lion members, the Lions are prepared to contribute up to $800 to the tri -cap bussing effort. As Dean has reminded me earlier, should this bussing proposal not go through, it may be years, perhaps not again, that tri -cap would be able to offer such a service to St. Joseph residents. In good faith, the city needs to be a partner and stake- holder in this effort, both monetarily and professionally. If further clarification is necessary, please contact me. Rick. understand the Monastery will contribute some I strongly believe the city must be a partner and will push this most vigorously sf Nine - tenths of democracy is just showing up Dr. Steve Frank, SCSU Professor of Political Science 302 Building 51 SCSI) St. Cloud, MN. 56301 Codirector SCSU Survey (320) 308 -4131 fax (320) 308 -5422 Personal Homepage: http: / /web.stcloudstate.edu /sfrank POL Department web page -- http:// www, stcloudstate .edu /politicalscience/ SCSU Survey Homepage: http:/ /web.stcloudstate.edujscsusurvev Email: sfrank @stcloudstate.edu UMD Masters of Advocacy and Leadership Program sfrank2Pumn.edu City of St. Joseph Council Person (2007 -2011) http:/ /webpages.charter.net /sfrank06/ UNDER REVISION City Web Page http:// stioseph. govoffice. com /htto: / /stioseph.govoffice.com/ 11(a):8