HomeMy WebLinkAbout2008-108 RVTD Agrmt
RVTD / CITY OF ASHLAND - AGREEMENT FOR SERVICES
July 1, 2008 - June 30, 2009
Agreement made effective July 1, 2008 between Rogue Valley Transportation District
(RVTD) and the City of Ashland (City).
RVTD and City agree:
1. REDUCED FARE PROGRAM. In order to encourage and increase RVTD ridership
within the City, the City will reduce the cost of fixed route fares within the City from
$2.00 to $.50, and will reduce the Valley Lift paratransit fares within the City from $4.00
to $1.00.
1.1 Contract will begin on July 1, 2008, and will end on June 30, 2009.
1.2 RVTD will provide $.50 fare service on fixed route buses and $1.00 fare
service on Valley Lift paratransit buses to passengers picked up and
delivered within the City.
1.3 RVTD will bill City for the reduced fares described above based on the
actual number of rides provided within the City. Rides will be detailed in
a monthly ridership report completed by RVTD, and bills will be
submitted on a quarterly basis.
1.4 RVTD will also bill City for the operating costs of providing Valley Lift
service if ridership exceeds 9,800 passengers per year. The billed amount
shall equal $18.31 per ride over the 9,800 passenger threshold and shall
apply to the period of July 1, 200;( through June 30, 200$.
, e;
1.5 City will remit to RVTD, on a quarterly basis when billed by RVTD,
$1.50 for each fixed route ride and $3.00 for each Valley Lift paratransit
ride provided by RVTD within the City.
2. CONSIDERATION: Total payments to RVTD will not exceed $217,500 per
fiscal year.
In the event that the $217,500 annual allotment from the City will be/becomes
exhausted prior to the end of the fiscal year, the program for that fiscal year will end and
fixed route and Valley Lift paratransit fares will revert to standard RVTD fares for the
balance of the fiscal year.
2.2 If either RVTD or City wishes to modify this agreement, both parties shall
meet to negotiate modifications to the agreement.
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3. TERMINATION:
3.1 Termination for Convenience. This agreement may be terminated by
either party for that party's convenience upon thirty days notice in writing
to the other party. R VTD shall be compensated for all services performed
under this agreement up to the effective termination date.
3.2 F or Cause. Either party may immediately terminate this agreement for
cause upon delivery of written notice to the other party or such later date
as may be established by mutual agreement, under any of the following
conditions;
3.2.2 If federal or state laws, rules or regulations are modified,
changed, or interpreted in such a manner that the services
are not longer allowable or appropriate under this
agreement;
3.2.3 If any license or certification required by law or regulation
required for the provision of the services under this
agreement is for any reason denied, revoked, suspended, or
not renewed.
4. Publicity. Any publicity or advertising regarding the program by the City shall
first be reviewed by RVTD for accuracy and must acknowledge the support of RVTD.
R VTD will provide City with appropriate logo for this purpose.
5. Access to Records. The City and its duly authorized representatives shall have
access to the records of R VTD and any subcontractors which are directly pertinent to this
Agreement for the purpose of making audit, examination, excerpts, and transcripts.
6. Workers Compensation. RVTD, its subcontractors, if any, and all employees
working under this Agreement are subject employers under the Oregon Worker's
Compensation Law and shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage for all their subject workers.
7. General Liability RVTD, its subcontractors, and all employers working under this
Agreement shall comply with Oregon State Laws related to workers compensation,
employment, payroll taxes and general liability for loss of property, injury to riders or
others.
8. Living Wage RVTD shall comply with chapter 3.12 of the Ashland Municipal
code by paying a living wage, as defined in this chapter, to all employees performing
work under this Agreement and to any subcontractor who performs 500/0 or more of the
service work under this Agreement. RVTD shall post the attached notice predominantly
in areas where all employees can easily see it.
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9. Miscellaneous Provisions
9.1 Force Majeure. Neither party shall be responsible for delay or default
caused by fire, flood, riot, acts of God, and/or war which are beyond the
party's reasonable control. RVTD may terminate this Agreement by
written notice after determining such delay or default will reasonably
prevent successful performance of this Agreement.
9.2 Amendment. The terms of this Agreement shall not be waived, altered,
modified, supplemented or amended in any manner whatsoever without
prior written approval of RVTD and the City.
9.3 Waiver. Either party's failure to enforce any provision of this Agreement
shall not constitute a waiver or relinquishment of its right to such
performance, nor of its right to enforce any other provision of the
Agreement.
9.4 Federal Government Not A Party. The Federal Government is not a party
to this Agreement and shall have no obligation to any third party absent
the Federal Government's express written consent.
9.5 Attorney's Fees. In case of suit, action, proceeding, or arbitration to
enforce any rights or conditions of this Agreement, it is mutually agreed
that the losing party in such suit, action, proceeding, arbitration or appeal
shall pay the prevailing party therein a reasonable attorney's fee in such
amount as set by the court or arbitrator hearing such suit, action,
proceeding, arbitration or appeal.
9.6 Entire Agreement. This instrument constitutes the entire agreement
between the parties. No representations, warranties, promises, guarantees
or agreements, oral or written, express or implied, have been made by
either party hereto with respect to this Agreement or the vehicles,
equipment or drivers to be provided hereunder.
ROGUE VALLEY TRANSPORTATION DIST
~~~
General Manager
By
Richard Applce I
Acting City Attorney
Date:
By
Davia 0 n
Legal Counsel for R VTD
Date:
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