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Home My WebLink About2008-212 Agrmt - RVTD Fare Reduction R~Ttll CITY OF ASHLAND - AGREEMENT FOR SERVICES July I, 2008 - June 30, 2009 Agreement made effective July 1, 2008 between Rogue Valley Transportation District (RN~m) and the City of Ashland (City). RVTIJ and City agree: \ 1. REDUCED FARE PROGRAM. In order to encourage and increase RWlJ 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 R.~~i:'ll 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 KWH 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 RMlt), and bills will be submitted on a quarterly basis. 1.4 R~'lf1J will also bill City for the operating costs of providing Valley Lift service ifridership exceeds 9,800 passengers per year. The billed amount shall equal $18.31 per ride over the 9,800 passenger threshold and shall apply to the period of July 1, 2001 through June 30, 200$. __ . ,~,. ""t 1.5 . City will remit to R~~lll,on a quarterly basis when billed by It:V~I:D, $1.50 for each fixed route ride and $3.00 for each Valley Lift paratransit ride provided by ItWB within the City. 2. CONSIDERATION: Total payments to RWD will not exceed $217,500 per fiscal year. In the event that the $217,500 annual allotment from the City will belbecomes 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 &Y:'fD fares for the balance of the fiscal year. 2.2 If either &Vtt:U or City wishes to modify this agreement, both parties shall meet to negotiate modifications. to the agreement. G:\recorder\City Council Packets\Packet Files\2007 -2008\2008-0603\060308 RVTD Agreement.atch1.doc Page 1 of3 JUN 1 7 1009 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. RVTD shall be compensated for all services performed under this agreement up to the effective termination date. 3.2 ' For 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 Iffederal 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 ~e 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 frrst be reviewed by RVTD for accuracy and must acknowledge the support ofRVTD. RVTD 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 Liabilitv 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. ' Livin~ Wage RVTD shall comply with chapter 3.12 of the Ashland MUnicipal code by paying a living wage, as defmed in this chapter, to all employees performing work under this Agreement and to any subcontractor who performs 50% 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. . G:\recorder\City Council Packets\Packet FIIes\2007 -2008\2008-0603\060308' RVTD Agreemenlatch1.doc Page 2 of 3 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 ofRVTD 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 perfonnance, nor of its ~ght 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 B~~ J r Brown General Manager By Richard AppIce Acting City Attorney Date: By c-- DaVIa 0 Legal Counsel for RVTD Date: G:\recorder\City Council Packets\Packet Files\2007 .2008\200~3\060308 RVTD Agreement.atch1.doc Page 30f3 -~---~-,. .4~ ...~ VENDOR: 000182 RVTD, R V TRANS DISTRICT 3200 CRATER LAKE AVE MEDFORD, OR 97504 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 C', Q"f'''\l neCORDER if I I' i1 . 1. . Page 1 / 1 10/27/2008 08624 FOB Point: Terms: Payable on receipt Req. Del. Date: Speciallnst: SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 Req. No.: Dept.: PUBLIC WORKS Contact: Michael FauQht Confirming? No RVTD Services - Fair reduction in Ashland AQreement for Services 07/01/2008 to 06/30/2009. City to pay based upon ridership detailed in the attached aQreement. 217,500.00 Per attached AQreement for Services July 1, 2008 - June 30, 2009 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 217500.00 0.00 0.00 217,500.00 ~~ ~?1r orized Signature VENDOR COpy CITY OF ASHLAND REQUISITION No. PW - FY 2009 Department PW - Streets Vendor RVTD . 3200 CRATER LAKE AVENUE MEDFORD OR 97504 Account No. 260.08.12.00.604200 Date October 14,2008 Requested Delivery Date Deliver To Mike Faught Via Betsy Harshman (* Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored; and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description RVTD Services - Fair reduction in Ashland Agreement for Services 7/1/08 - 6/30/09 City to pay based upOn ridership detailed in attached agreement. $217,500 Job No. Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted (\{J.i.~....o 2.~_ ~ Department Head or Authorized Person Issued By Date Received By r., G:\pub-wrks\Admin_NM\admin\PB Streets\FY09 RVTD Requisition