CR 93-05 Hop-A-Ride Contract� ropo-s 1
a
Ce. Iber 29 , 1992
upporting.. Documents.
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1993 contract
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y fit. Anderson; AICP
Council Report 93-5
SOP - A - RIDE 'CONTRACT - _ REGIONAL TRANSIT . BOARD
Action.
ommends the following action. Move to authorize
and City Manager to enter into `e contract w t the
Tro st Boar t to . provide funding for- 60 of the
e enses or the 1993. Ho0- A -Ride ...service.
e . is an advance- reservation, shared -ride door= -t-o�
nsportation Service for anyone who needs
t; on within the City of opk.ins and four
d estinations outside the City 1im.t Hop- a --Ride
Mond through Saturday from 6 :00 a. m. to 6:00 p.m..
.
contracts w th . a private taxi operator for
The - 1993 contract was awarded to Yellow Taxi Thy
per ride is $1,.73 The service will also go to
w ood shopping area for the first time . in 1993.
„tonal Transit Board (RTB) provides funding for the
► <. do
service. The RIB reimburses the C ity 60% of the
expense . This years re,imbursem� nt is $ 37, 7 .
t onal fund for the service is from the genera
aid the revenue from the tickets.
1.943 contract for the most part is identical to the 1992 . -
a
pry issues . to : Consider.
0_ id the Hop -A Ride service continue without fundin
fp the RTB?
►u fund from the RTB the Hop -,A -R serv cou ,
nine, but the .. City would' have to provide additions
fo r the service.
REGIONAL TRANSIT BOARD
AGREEMENT WITH
THE CITY OF HOPKINS
FOR TRANSIT SUBSIDY
Contract No. 92/09/11 -53
THIS AGREEMENT, executed this day of , 1992, is made and
entered into by and between the REGIONAL TRANSIT BOARD, a political subdivision of the
state of Minnesota (hereinafter referred to as "RTB ") and the City of Hopkins, (hereinafter
referred to as "Contractor").
WHEREAS, the RTB is authorized in accordance with Minnesota Statutes, Section
473.375, subd. 13, and 473.384 to enter into and administer contracts for financial assistance to
transit providers in the metropolitan area; and
WHEREAS, the RTB has authorized its executive director to enter into agreement with
the Contractor; and
WHEREAS, the Contractor has represented that it has the necessary expertise and
personnel, and is qualified to perform such services.
NOW, THEREFORE, IT IS AGREED BY THE PAR '1 hS:
I. DEFINITIONS
For purposes of this Agreement the following terms shall have the meanings stated:
A. TOTAL SERVICE COST
The "Total Service Cost" is the total operating expense incurred by the Contractor
comprised of the total of direct costs and the allocated portion of indirect costs of
operating the Transit Delivery System outlined in the Contractor's approved
Management Plan and budget.
B. NET SERVICE COST
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The "Net Service Cost" is (1) the Total Service Cost less (2) Operating Revenue
collected by the Contractor less (3) any fuel tax refunds, (4) any interest revenue.
Uncollected passenger fares shall be considered as revenue in determining the Net
Service cost.
. OPERATING REVENUE
The "Operating Revenue" includes all revenues derived from the Transit Delivery
System including, but not limited to, fares, passenger donations, advertising
revenue.
• TRANSIT DELIVERY SYSTEM
The "Transit Delivery System" shall include all activities under this agreement and
vehicles, equipment, land, personnel, and any other component of providing transit
service.
. CONTRACTOR
For purposes of this agreement, any reference to "Contractor" includes its
subcontractors who have been approved to provide service funded under this
agreement.
F. MANAGEMENT PLAN
The "Management Plan" means the plan for providing the activity of the Transit
Delivery System. The Management Plan for the transit funded under this
agreement (and any revisions) was approved on November 16, 1992, and is
incorporated herein by this reference.
REGULAR ROUTE TRANSIT
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"Regular route transit" means transportation of passengers for hire by a motor
vehicle or other means of conveyance by any person operating on a regular and
continuing basis as a common carrier on fixed routes and schedules. "Regular
route transit" does not include transportation of children to or from school or of
passengers between a common carrier terminal station and a hotel or motel
exclusively for guests or employees, transportation by common carrier railroad, by
taxi, or transportation furnished by a person solely for that person's employees or
customers, or paratransit.
H. PARATRANSIT
For the purpose of this agreement, "Paratransit" means the transportation of
passengers by motor vehicle by persons operating a dial -a -ride service, and other
similar services.
II. STATEMENT OF WORK
A. RESPONSIBILITY OF CONTRACTOR
The Contractor shall coordinate, manage, provide for, and control all necessary
activities to operate the transit service described in the Management Plan and any
subsequent amendments thereto. The work to be performed by the Contractor
shall include without limitation providing for: operating and scheduling vehicles
and personnel; maintaining equipment; developing administrative procedures;
compiling performance statistics and financial reports; and developing methods to
maximize service effectiveness and efficiency.
•
•
III. TERM
The Contractor shall provide for full and competent technical services to handle
and correct any and all problems that arise associated with the operation of the
system.
. REGIONAL PERFORMANCE STANDARDS
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The parties agree that the Transit Delivery System shall meet the established
regional performance standards and conform to regional transit policy as described
in the 1993 -1997 Regional Transit Service and Capital Plan, as may be amended
from time to time. Should the 1993 -1997 Regional Transit Service and Capital
Plan be amended, Contractor will be notified and have the opportunity to review
all proposed changes and provide comments to the board.
This agreement shall be in effect for transportation services rendered from January 1,
1993, through December 31, 1993, (the Term). Either party, upon sixty (60) days written
notice, may terminate provision of services hereunder.
IV. FUNDING OF SERVICES
A. RTB agrees to reimburse the Contractor a portion of the Total Service Cost for
expenses incurred in providing the service described in the Management Plan.
The reimbursement shall be paid out of state transit assistance funds and /or
regional transit property tax funds in an amount not to exceed the sum of Thirty
Four Thousand Seven Hundred Fifty Two Dollars ($34,752) or 60 percent of the
Total Service Cost, whichever is less (the Subsidy Amount). The Contractor shall
retain all operating revenue collected and apply to the 40 percent local share.
B. The Contractor agrees to provide funds necessary in addition to the Contract
Amount for full payment of all expenses of providing the services described in the
Management Plan.
C. For purposes of accounting for total costs under this Agreement, operations
expense and administration expenses shall be separately accounted for.
Operations expenses shall only include those expenses directly attributed to
operating the service. Operating expenses shall be separated out by direct charges
and allocated /indirect charges. Direct charges are those charges that directly and
exclusively benefit the transit service. Indirect charges are those charges
benefiting more than one program and /or activity which are distributed.
D. Expense and revenue allocations among programs and /or activities shall be done
uniformly for both costs and revenues. Contractor shall use an allocation method
approved by RTB in Contractor's management plan.
F. RTB may, in its sole discretion, advance to Contractor a portion of the Contract
Amount not to exceed two months' projected subsidy. This advance (including
any interest earned on the advance) shall be used for expenses of the transit
program funded under this agreement and shall be reconciled before the end of the
Term.
Requests for payment shall be sent monthly to:
Regional Transit Board
Attn: Programs Section
Mears Park Centre
230 East Fifth Street
St. Paul, Minnesota 55101
The payment request and summary report shall be prepared in a form developed
by the RTB and shall be supported by such copies of invoices, payrolls, driver trip
sheets, dispatch logs, and other documents as may be requested by the RTB.
H. For 1993, the 3 percent contract retainage has been waived. In the event that audit
citations result in payment due to the RTB, the citation amount will be deducted
from the current year contract amount.
I. All invoices and related records are subject to audit by the RTB. If, at the end of
the Term, as a result of final audit, it is determined that RTB has overpaid the
Contractor, the Contractor shall within thirty (30) days refund to RTB the amount
of the overpayment. RTB may retain the amount of any overpayment arising out
of a previous funding agreement with Contractor from funds otherwise payable
under this Agreement. Within thirty (30) days, upon completion of the final audit,
RTB shall make a final payment to the Contractor of the amount of any unpaid
balance in accordance with the provisions of this contract.
Funding of services under this Agreement is based on the receipt of adequate tax
proceeds and other revenue as described in the Regional Transit Budget as adopted
by the RTB. If insufficient revenues are received, the Subsidy Amount may be
reduced by the RTB upon sixty (60) days written notification to the Contractor.
K. Total service cost is comprised of all line item expenditures as approved by the
RTB in the Contractor's Management Plan. The Contractor shall not exceed the
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For the performance of this agreement, the RTB shall pay the Contractor upon
submission of approved monthly requests for payment. A monthly report of
service and ridership shall accompany each request for payment, which shall not
be submitted later than thirty (30) days after the end of the month in which
services were provided. The RTB will review and approve the monthly requests
for payment and issue a check within thirty (30) days of receipt. The final request
for funds under this contract may be submitted within sixty (60) days of the last
day services are provided.
V. SCOPE OF CONTRACTOR'S RESPONSIBILITIES
A. SERVICE DELIVERY
amount for each line item expenditure as approved in the management plan unless
a management plan amendment is approved. Line item amendments which do not
change the contract amount and are fully justified will be approved by the
executive director of the RTB. Line item amendment requests which exceed the
contract amount require board action.
In the event the Transit Delivery System should generate Operating Revenue in
excess of 40 percent of Total Service Cost, the amount over 40 percent shall first
be used to pay any expenses that the Contractor may incur for Operating the
Transit Delivery System, and any amount left over shall be deducted from the
RTB portion of funding.
The Contractor agrees to arrange to provide those transit services specified in the
Management Plan.
. SUBCONTRACTING BY CONTRACTOR
Contractor shall not assign or subcontract its obligations under this contract to any
third parties unless RTB shall have first approved the subcontractor and terms of
any subcontracts. The RTB retains the right to disapprove any such third party
contracts. Consent to any subcontract or assignment shall not relieve Contractor
of its primary responsibility for performance hereunder.
INDEPENDENT CONTRACTOR
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Under the terms of this contract, Contractor is an independent contractor and has
and retains full control and supervision of the services and full control over the
employment and direct compensation and discharge of all persons assisting in the
performance of its services hereunder. Contractor agrees to be solely responsible
for all matters relating to payment of employees, including compliance with social
security, all payroll taxes and withholdings, unemployment compensation, and all
other regulations governing such matters. Contractor agrees to be responsible for
its own acts and those of its subordinates, employees, and any and all approved
subcontractors during the Term.
D. Contractor shall cooperate with RTB in implementation and administration of the
Regional Alcohol and Substance Abuse Prevention policy as adopted by the RTB.
As of January 1, 1993, the RTB is requiring that all Contractors amend their
Alcohol and Substance Abuse Policy to include a semi - annual reporting element to
be submitted to the RTB.
MANAGEMENT OPERATIONS
The Contractor shall provide project management according to the Management Plan.
The parties agree that the Management Plan shall only be amended with the written
approval of the RTB Project Manager and the Contractor.
A. PERSONNEL
All personnel providing transit services shall know and understand the transit
system design. All personnel (including subcontractor's employees) shall
maintain a courteous attitude, answering to the best of their ability and passenger
questions regarding the provision of service. Personnel shall record all passenger
complaints and/or operational problems.
1. Project Management
. Drivers
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The Contractor shall at all times have a designated person who shall be
available at all reasonable times to report and consult with the RTB's
project manager. This person should also provide and be able to respond to
information concerning project accounts including all revenues collected,
operating records, and personnel.
The Contractor shall obtain the services of trained, qualified, and licensed
drivers meeting all applicable standards and requirements of law and
regulations and as necessary for the safe operation of transit vehicles used
in providing the service.
Contractor shall require establishment of an information and safety meeting
policy providing a means of instructing drivers on safety issues and
updating drivers on administrative procedures relating to services provided
under this Agreement.
Contractor's driver selection procedures shall include a background
reference check including criminal history for all driver applicants before
hiring.
Other Personnel
The Contractor shall supply and furnish all other personnel as are necessary
for the safe, sound and efficient delivery, operation, supervision, and
maintenance of the transit service and the vehicles and equipment used
therein.
. FARE COLLECTION
All revenues derived from the operation of the transit system, whether from
passengers or from other sources, shall be thoroughly and accurately accounted for
monthly. The monthly accounting shall show the date all revenue was received
and type and kind of service from which said revenue is derived. All accounting
shall be in accordance with generally accepted accounting principles.
PASSENGER FARES
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The Contractor shall provide for collection from each passenger using such fares
as approved in the RTB- adopted Fare Policy, or that are otherwise approved by the
RTB in the Contractor's Management Plan.
VII. VEHICLE REQUIREMENTS
GENERAL REQUIREMENTS
1. Back -Up Vehicle Available
The Contractor shall provide and have available the number and types of
regular assigned vehicles described in the Management Plan. Back -up
vehicles shall be of sufficient size and shall be available at the place where
any regular assigned vehicles has sustained a breakdown within thirty (30)
minutes of the breakdown so that the passengers may be transferred and
resume their travel.
Repair or Replacement
In the event of any breakdown or malfunction of a regularly assigned
vehicle, such vehicle shall be repaired or replaced within a period of seven
(7) calendar days from the date of breakdown. Any replacement vehicle
shall be of equal or better general condition and age as the vehicle which it
replaces.
3. Markings
All vehicles (including back -up vehicles) when providing service hereunder
shall have a clearly visible service identity marking and shall display any
regional transit logo adopted by the RTB.
B. VEHICLE OPERATION, MAINTENANCE AND HOUSING
Vehicles shall be operated in conformance with administrative regulations
promulgated by the RTB and any lawful orders, rules or regulations of any federal,
state or local agency having jurisdiction over Contractor including, but not limited
to, Motor Carrier Safety Rules, and with due regard for the safety, comfort and
convenience of passengers and the general public.
INSPECTION BY RTB
The RTB reserves the right to inspect and reject, temporarily or permanently for
good cause, by notice to the Contractor, any vehicle the Contractor proposes to use
or subsequently uses which the RTB deems unacceptable.
D. REPORTING OF INCIDENTS
VIII. DOCUMENTATION OF SERVICE DELIVERY
A. RECORDS
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Contractor shall cause notification of the RTB at the first opportunity of any
accident when a person dies as a direct result of the accident; or when a person
must be taken to a medical treatment facility as a direct result of the accident; or
when there is property damage estimated at greater than $5,000; or if the incident
involved a driver operating a vehicle under the influence of alcohol or drugs.
Contractor agrees to keep and maintain all records pertaining to the Transit
Delivery System and service provided under this contract for a period of three (3)
years from the date of final payment and to allow RTB to copy and inspect all of
the required records at any time during regular business hours.
Upon request, the Contractor shall, in a timely fashion, furnish to the RTB copies
of all reports required by law or regulation to be furnished to the RTB or any other
governmental body or authority having legal jurisdiction over operational matters
of the Contractor.
The Contractor shall, at the end of the term of this Agreement, turn over in a
timely fashion any and all records that are reasonably requested by the RTB.
B. PROJECT OPERATIONAL RECORDS
Contractor agrees to maintain operational records documenting the performance of
the transit service. Operational records shall include, but are not limited to, the
following:
1. Monthly Summaries
The Contractor, . in accordance with the reporting schedule established, shall
prepare and submit a summary report monthly. The report shall be
submitted within 30 days of the last day of service for each month. This
summary shall include:
AUDITS
a. Daily totals of the following operating data itemized separately for
each route and trip and vehicle: the hours of service provided, the
number of miles operated, the number of passengers carried,
classified by fare categories, the amount of revenue collected, and
any other items requested by the RTB.
Documentation of major operational problems, significant variations
in ridership, revenues, and expenses, passenger complaints and
commendations, along with descriptions of actions taken.
c. An invoice submitted for services rendered with operating statistics
summarizing total purchase of service, cost, revenues and subsidy.
d. Reconciliation of reported fares with reported hours of service and
passenger trips and an explanation of any discrepancy.
Financial Records
As required by Minn. Stat. Section 15.17, the records, books, documents and
accounting procedures and practices of the Contractor and of any subcontractor
relating to work performed pursuant to this Agreement shall be subject to audit
and examination by RTB and the legislative auditor or state auditor.
The Contractor shall permit the RTB or its designee to inspect and copy all
accounts, records and business documents (including those of any subcontractor)
at any time during regular business hours as necessary to fully audit the funding of
the Transit Delivery System.
Within 30 days after completion, Contractor shall deliver to RTB a copy of any
financial or operational audit of Contractor done by Contractor or at its request or
at the direction of any governmental agency or department.
D. INSPECTIONS
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The Contractor shall separately account for all project expenditures and any
other relevant financial records or documents. The Contractor and its
subcontractors shall keep full and complete books of account following
generally accepted accounting principles reflecting its operations pursuant
to this Agreement.
The RTB shall have the right in its discretion to monitor, examine and investigate
all elements of the contractor's Transit Delivery System under this Agreement.
The Contractor shall cooperate with the RTB and assist with inspections as
requested by RTB and as authorized by Minn. Stat. § 473.375, subd. 6.
. SURVEYS
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On -board passenger surveys may be required by RTB for the purpose of project
evaluation; if so, the Contractor agrees to perform passenger surveys in the manner
and at the times agreed upon by the RTB and the Contractor. The survey shall be
administered by the Contractor in a manner acceptable to RTB. The results of the
surveys required under this contract shall be provided to RTB or the Contractor
depending upon which party tabulates the survey.
IX. INDEMNITY AND INSURANCE
A. INDEMNIFICATION
Contractor undertakes and agrees to defend, indemnify and hold harmless RTB
and all of RTB's board members, agents, and employees from and against all suits
and causes of action, claims, losses, demands, and expenses, including, but not
limited to, attorney's fees and cost of litigation, damage or liability of any nature
whatsoever, for death or injury to any person, including Contractor's employees
and agents, or damage to or destruction of any property of either party hereto or of
third parties, arising in any manner by reason of or incident to the performance of
the contract on the part of Contractor or a subcontractor, except that
indemnification shall not be required hereunder for the share of any liability
apportioned to RTB because of RTB negligence.
. INSURANCE
The Contractor shall provide, keep in force, and furnish evidence of a contract or
contracts of insurance with reliable companies authorized to do business in the
state of Minnesota by which contracts the Contractor and the RTB are insured
against any claim, demand or loss for injury to persons or damage to property
resulting from, growing out of or connected with the management, supervision,
and operation of the transit service provided under this Agreement or its
appurtenant facilities or any act or omission to act by Contractor or any of
Contractor's employees.
The required minimum limits of coverage for insurance are $200,000 per claimant
for injury, death, or property damage by wrongful act or omission, and $600,000
for any number of claims arising out of a single occurrence.
Contractor may satisfy the insurance requirement by warranting to RTB that it is
self- insured and able to entertain claims in an amount sufficient to indemnify
under Section IX.A. above. In this instance, Contractor shall provide evidence,
acceptable to RTB, that provision has been made to satisfy claims to the extent of
RTB's legal liability.
The Contractor shall provide a Certificate of Insurance in acceptable form as
verification of compliance with these provisions at least ten (1) days before the
commencement of service hereunder and ten (10) days before any contemplated
renewal or change in coverage.
With respect to the interests of the RTB, such insurance shall provide that it may
not be cancelled, reduced in coverage or limits, or non - renewed except after thirty
(30) days' written notice has first been given to the RTB.
No compensation for services provided shall be paid for any period during which
an approved certificate of insurance is not on file.
WORKERS' COMPENSATION
D. UNDERLYING INSURANCE
X. GENERAL PROVISIONS
A. DEFAULT
1. Defined
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The Contractor shall at all times keep fully insured at its own expense all persons
employed in connection with performance of the contract as required by the laws
of the State of Minnesota relating to Workers' Compensation Insurance and shall
hold the RTB harmless from any liability, damages, claims, costs and the expenses
of any nature arising from any allegation of violations of personnel practices or
from any allegation of an injury to an employee of the Contractor performing work
or labor necessary to carry out the provisions of the contract. Such policy shall
provide for fifteen (15) days' prior notice to the RTB of any change, cancellation,
or lapse of such policy. Prior to the effective date of the contract, the Contractor
shall file a copy of such policy with the RTB.
Contractor shall require indemnification and insurance as it deems appropriate
from its employees receiving mileage allowance, agents, and subcontractors, if
any, to protect the Contractor's and the RTB's interests, and shall ensure that such
persons comply with any applicable insurance policy requirements to maintain
coverage.
The Contractor shall be in default hereunder if it shall abandon or delay
unnecessarily, the performance of services hereunder; fail to procure
insurance; fail to maintain or produce records required hereunder; or in any
manner refuse or fail to comply with the specifications or instructions of the
RTB relative to this Agreement.
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2. Notice and Opportunity to Cure
Upon determination of non - compliance, and in recognition of the unique
circumstances of the problem, the RTB staff shall seek compliance through
the following steps prior to declaring a default:
B. TERMINATION
NOTICE
oral communications;
written notice requesting corrective action;
written notice demanding corrective action; and
formal written notice of default.
The Contractor shall have seven (7) days after receiving written notice of
default to cure the default or show good cause for such delay, abandonment,
refusal, or neglect to comply with this Agreement or RTB specifications or
instructions, after which time if the default continues without good cause,
the RTB may declare Contractor in default and terminate this Agreement.
Upon Default by the Contractor, and failure to cure as provided herein, the RTB
may immediately terminate the contract service and related payments to the
Contractor. Notwithstanding termination of services and payment, all other
obligations of Contractor under this Agreement shall remain in effect. In the event
of termination due to default by the Contractor, the RTB shall not be precluded
from recovering actual damages to which it may be entitled and may exercise any
other rights it has to secure performance of this Agreement.
Contractor may, upon sixty (60) days' notice, terminate its provision of services
hereunder at any time if Contractor is not otherwise in default of this Agreement.
Notice for purposes of this Agreement shall be sufficient if given by certified mail
to the addresses listed below, and shall be deemed to have been given the day of
mailing.
RTB: CONTRACTOR
Regional Transit Board
Attn: Programs Section
Mears Park Centre
230 East Fifth Street
St. Paul, Minnesota 55101
City of Hopkins
1010 First Street South
Hopkins, MN 55343
D. UNAVOIDABLE OCCURRENCES
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The Contractor shall not be held responsible for failure to provide on -time service
due to weather or traffic conditions, unavoidable vehicle malfunctions, or naturally
occurring disasters if reported to RTB within forty -eight (48) hours.
Should RTB budget appropriation and tax levy be insufficient to meet current
requirements or should appropriations for RTB be reduced resulting in the lack of
funds sufficient to meet all of its needs, RTB may upon sixty (60) days' notice to
Contractor terminate this Agreement.
The RTB shall not be responsible for any loss or damage sustained or claimed to
be sustained by the Contractor or its subcontractors through the failure of the
Contractor or its subcontractors to maintain at all times a timely operating
schedule.
The Contractor shall not be required to furnish the service or any portion in the
event of its inability to do so by virtue of any concerted refusal of its employees to
work or any strike of any kind or character of its or its subcontractors, including a
so- called wild -cat strike or slowdown or stoppage; any riot, civil strike or
disturbances; closing of streets, roads, routes, or bridges; destruction of any means
or methods of any of its property necessary for the performance of this agreement;
flood, fire, or any other cause beyond its control.
. LICENSES AND TAXES
The Contractor and its subcontractors shall procure and keep current any and all
licenses, permits, or certificates which are or may be required by properly
constituted authorities for the performance of the service. Furthermore, the
Contractor and its subcontractors shall pay when due all taxes assessed on property
owned by it, to be used in connection with the furnishing of the service including
storage facilities and vehicles.
F. EQUAL EMPLOYMENT OPPORTUNITY
In conjunction with the execution of its obligations hereunder, Contractor agrees
that it and any subcontractors hereunder shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion,
natural origin, sex, marital status, status with regard to public assistance, disability,
age, membership or activity in a local commission, political affiliation, or sexual
preference, and shall take affirmative actions to ensure applicants are employed
and employees are treated during employment without regard to race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance,
disability, age, or membership or activity in a local commission in all matters,
including employment, upgrading, demoting, or transfer, recruitment or
recruitment advertising; layoff, return from layoff or termination; rates of pay or
other forms of compensation; and selection for training or apprenticeship.
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Contractor further agrees that it, and any subcontractors under this Agreement,
shall not discriminate against any Qualified Disabled Person who is an employee
or applicant for employment and shall take affirmative action to ensure that such
qualified individuals are treated without regard to their disability in regard to job
application procedures; the hiring, advancement or discharge of employees;
compensation; job training; and other terms, conditions, and privileges of
employment pursuant to the Americans with Disabilities Act of 1990.
Contractor shall obtain and keep in force a certificate of compliance with the equal
employment opportunity /affirmative action obligations of Minn. Stat. § 363.073.
Effective January 1, 1989, RTB may not execute a contract for goods or services
in excess of Fifty Thousand Dollars ($50,000) with any business having more than
twenty (20) full -time employees in the State of Minnesota unless that business has
a certificate of compliance from the Minnesota Department of Human Rights.
Certificates of compliance are issued to businesses who have an affirmative action
plan approved by the Department of Human Rights for the employment of
minorities, women, and disabled employees. A certificate is valid for two (2)
years.
It is the responsibility of Contractors under contract with the RTB in excess of
$50,000 to obtain a certificate of compliance or to notify RTB by notarized letter
that they do not have 20 full -time employees in the State of Minnesota and;
therefore, do not have to comply with the legislation.
TARGET GROUP BUSINESSES
Pursuant to Minn. Stat. 474.142, and Regional Transit Board policy, Contractors
shall make good faith effort to encourage meaningful participation of targeted
group businesses in the value of all procurements and contracts for consultant,
professional and technical services. "Targeted Group Business" means a small
business designated by the Minnesota Commissioner of Administration under
Minn. Stat. 16B.19, that is majority owned and operated by women, persons with a
disability, or minorities. These procurements include, but are not limited to,
insurance, office supplies and equipment, building maintenance, vehicle
maintenance, bus parts, fuel, printing, and advertising.
H. TITLE VI- -CIVIL RIGHTS ACT OF 1964
The Contractor hereby agrees that it will comply with Title VI of the Civil Rights
Act of 1964 (P.L. 88 -352) and all requirements imposed by the U.S. Department
of Transportation, to the end that, in accordance with Title VI of the Act, no
person in the United States shall, on the ground of race, color, sex or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the Contractor
receives federal financial assistance from the Department under federal urban mass
transportation programs; and hereby gives assurance that it will immediately take
any measures necessary to effectuate this Agreement.
XI. ARBITRATION
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If any real property or structure thereon is provided or improved with the aid of
federal financial assistance extended to the Contractor by the Department under
federal urban mass transportation programs, this assurance shall obligate the
Contractor, or in the case of any transfer of such property, and transferee, for the
period during which the real property or structure is used for a purpose for which
the federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits. If any personal property is so provided
this assurance shall obligate the Contractor for the period during which it retains
ownership or possession of the property. In all other cases, this assurance shall
obligate the Contractor for the period during which the federal financial assistance
is extended to it by the Department under federal urban mass transportation
programs.
This assurance is given in consideration of and for the purpose of obtaining any
and all federal grants, loans, contracts, property, discounts, or other federal
financial assistance extended after the date hereof to the. Contractor by the
Department under federal urban mass transportation programs. The Contractor
recognizes and agrees that such federal financial assistance will be extended in
reliance on the representations and agreements made in this assurance, and that the
United States shall have the right to seek judicial enforcement of this assurance.
This assurance is binding on the Contractor, its successors, transferees, and
assignees.
I. AMERICANS WITH DISABILITIES ACT OF 1990
The Contractor hereby agrees that it will comply with the Americans with
Disabilities Act of 1990 and all rules and regulations thereunder, including those
imposed by the U.S. Department of Transportation, to the end that, in accordance
with the Americans with Disabilities Act, no Qualified Disabled Person shall, by
reason of such disability, be excluded from the participation in or be denied the
benefits of transportation services, programs, or activities, or otherwise be subject
to discrimination.
J. NONWAIVER
The failure of RTB at any time to insist upon the strict performance of any or all of
the terms, conditions, and covenants herein shall not be deemed a waiver of any
subsequent breach or default in the terms, conditions, and covenants herein
contained.
Any dispute under this Agreement which the parties agree to arbitrate shall be settled in
accordance with the rules and procedures of the American Arbitration Association.
IN WITNESS WHEREOF, the parties signed below have caused this Agreement to be
executed.
REGIONAL TRANSIT BOARD CITY OF HOPKINS
Gregory L. Andrews
Its: Executive Director
Mears Park Centre
230 East Fifth Street
St. Paul, Minnesota 55101
Approved as to form:
Dale Ulrich, Comptroller
Judith Hollander, Director of
Planning and Programs
Its:
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