NOT-FOR-PROFIT EMPLOYER AGREEMENT

Transcription

1 NOT-FOR-PROFIT EMPLOYER AGREEMENT PACE Vanpool Incentive Program - (VIP) SHUTTLE SERVICE THIS AGREEMENT made this day of, 200 by and between Pace, the Suburban Bus Division of the RTA ("Pace"), and ( Agency ) whose address is. WHEREAS: Pace administers a Vanpool Incentive Program (VIP) Shuttle Service which provides vans to Agencies in the Pace service area for the primary use in transporting clients between the Agencydesignated residential sites and work/work-related locations throughout the Pace service area; and, WHEREAS: The Agency desires to obtain the use of one or more Pace vans to provide transportation services to its clients; NOW, THEREFORE, the parties agree as follows: 1. Basic Rate Pace shall furnish van(s) required for Agency s Shuttle Service, contingent upon available resources, at a rate of Six Hundred Ten Dollars ($635) per month per van. With prior approval from Pace, the Agency may charge an administrative fee(s) to cover costs associated with the operation of the Shuttle Service. Pace will bill the Agency on a monthly basis not later than the 25 th of the month for the following month. Agencies that allow their monthly Shuttle Service fees to become two or more months in arrears will be charged a late fee of $25.00 per month per van until their account is brought current. 2. Security Deposit The Agency shall pay to Pace a security deposit in the amount of $635 per van prior to receipt of each vehicle. The deposit amount (without interest) shall be returned to the Agency upon return of the vehicle to Pace, provided the vehicle is returned in the same condition as when it was delivered to the Agency, ordinary wear and tear excepted. Any amounts due to Pace from the Agency may be deducted from the deposit amount. 3. Mileage The basic rate allows for up to 1,600 miles per van per month, or 19,200 miles per van per year. The 1,600 miles per month includes the following: A maximum of 1,500 miles per van per month for work/agency related activities. A maximum of 100 miles per van per month for van fueling, washing and maintenance. The 1,600 mileage allotment includes miles accrued from loaner vans used throughout the month when the regularly assigned van is out of service. With prior written approval from Pace Vanpool Services, the Agency may accumulate up to 27,000 miles per van per year (including loaner van 1

2 miles) at an additional charge of $0.75 per mile over 19,200 miles per van per year. Any miles accumulated in excess of 27,000 shall be charged to the Agency at the rate of $1.50 per mile. Excess mileage charges will be based on the mileage accrued by the entire Pace assigned van fleet for Agencies that utilize more than one Pace assigned van as part of the Shuttle Service. Excess mileage will be reviewed and charged on a quarterly basis. 4. Three Month Minimum Participation Agency agrees to participate in the Pace VIP Shuttle Service for a minimum three (3) month period. This three (3) month commitment applies to each Pace provided van that Agency plans to operate in the Shuttle Service. Failure by Agency to participate for the minimum period will result in the following actions: forfeiture of any van deposit amount(s); Agency responsibility for unpaid balance of three (3) months van fees; and legal action by Pace to collect any balances due Pace. 5. Drivers Agency agrees that it shall only allow those individuals whom Pace has approved to drive the Pace provided van(s). Agency may select its own employees provided the selected individuals meet Pace s driver selection criteria. Pace will enter into Driver Agreements with the individuals who shall operate the vans as drivers. Agency agrees to indemnify Pace against any and all financial loss resulting from a violation of the driver agreement or misuse of Pace property or equipment utilized in the Pace Shuttle Service by any Agency employee. In the event of any financial loss to Pace as a result of one or more of the above mentioned reasons, the Agency agrees to be responsible for the full amount of the loss including but not limited to: The cost of reasonable and necessary repairs to the Pace van, or the Actual Cash Value of the Pace van whichever is less. Loss of use of the Pace van. Loss of revenue. All unauthorized charges on the Pace-provided credit card(s) assigned and issued to the Agency. Agency shall pay Pace a $100 driver application fee (to cover a portion of the VIP driver approval/training costs) for each driver candidate. The Agency shall pay Pace a $50 USDOT physical and drug test renewal fee for each approved VIP driver who is administered a USDOT physical and drug test by a Pace approved test facility. The Agency shall ensure that Pace vans are operated only by drivers who have been trained, certified and authorized by Pace, and shall ensure that drivers follow all VIP Shuttle Operations Manual requirements including those related to safety and accident reporting. 2

3 6. Transportation Coordinator Agency must designate an individual to serve as Pace s primary contact person on all matters relating to operation of the Pace van(s) and to coordinate the Shuttle Service for the Agency. This individual is required to attend and complete the administrative component of the Pace VIP Defensive Driver Training Course. Agency will notify Pace immediately if this individual is replaced. 7. Restrictions on Use Agency shall not allow the van(s) to be used in the following manner: (a) (b) (c) (d) (e) (f) For courier service, ambulance-type service, or the transportation of goods, to pull trailers, or allow the consumption of alcoholic beverages on the van. Permit any driver to drive the van for personal business use. Use or allow the van to be used illegally or improperly for hire. Remove the van from the State of Illinois, unless expressly authorized by Pace in writing. Alter, mark or install equipment in the van without Pace s written consent. Expose the van to seizure, confiscation, forfeiture or other involuntary transfer. Agency shall ensure that the van is locked at all times while parked, and that the van is parked while not in use, (including overnight), in a secure, off-street location (preferably on Agency s property.) Agency shall take appropriate steps towards the security of Pace s van(s). Agency will notify Pace where the vans will be located/stored overnight. 8. Records and Reports Agency shall ensure that Transportation Coordinator/drivers keep accurate and timely records as set forth in the Driver Agreement and VIP Shuttle Operations Manual. Agency shall collect and forward these reports to Pace on such schedule as directed by Pace. These reports include but are not limited to: monthly/daily ridership-trip logs, Monthly VIP Shuttle Reports, accident reports, change in overnight parking location, and changes in driver status (change of address, change in employment, loss of driving privileges, moving violations, etc.) Monthly VIP Shuttle Reports must be sent to Pace and postmarked no later than the 5 th of each month. A late fee in the amount of $7.00 is charged for Monthly VIP Shuttle Reports postmarked after the 5th of the month. Agency understands that accurate and complete reports are necessary to meet Pace funding requirements and shall cooperate fully in the accurate and timely completion of such reports. Agency agrees to report the miles traveled in each van per month on the Monthly VIP Shuttle Report. Actual van mileage will be monitored by Pace and any discrepancies found between actual miles and reported miles will be billed to Agency at the Pace excess mileage rate in effect at that time. 9. Insurance and Indemnification Pace will provide auto liability (bodily injury and property damage) insurance and physical damage (comprehensive and collision) coverage for the van(s) utilized in the Shuttle Service. 3

4 The conditions of such coverage are set forth in Pace s VIP Shuttle Operations Manual which is hereby incorporated by reference, and made a part of this agreement. As a condition to coverage, the Agency agrees to notify Pace and the Pace designated vendor in the event of any vehicular accident or other accident involving bodily injury or property damage within 2 hours of the accident. These reporting procedures must be followed whenever bodily injury or property damage occurs, even if no third party was involved. Otherwise Pace shall have to right to deny coverage for damages arising out of said occurrence/incident/accident and Agency shall be held personally responsible for any and all damages. Pace shall not be responsible for any Workers Compensation, Employer s Liability, loss of income, inconvenience, claims or expenses resulting from operation or failure to operate the Shuttle Service, including but not limited to any delays, missed trips, or termination of the Shuttle Service, nor shall Pace be responsible for any person s property that is lost, stolen, or damaged in or from the van. 10. Maintenance Agency shall ensure that drivers perform all maintenance, cleanings and servicing of the van as per the schedule set forth in Pace s VIP Shuttle Operations Manual; have the van safety inspected semi-annually as required by law; obtain prior approval from the Pace Vanpool Office or its designated agent for any expenditure in excess of $50.00 per van; pay for emergency operating expenses of the van; and promptly submit all receipts for expenses paid in the previous month with the Monthly VIP Shuttle Report for submission to the Pace Vanpool Office. Pace shall pay the costs of ordinary maintenance and repairs, provided Agency adheres to Pace s inspection and maintenance schedule. Agency shall be liable for all repair and maintenance costs resulting from its failure to adhere to the inspection and preventive maintenance schedule, or attributable to abuse of the vehicle or negligence in its maintenance. Agency acknowledges that a Pace designated vendor will provide fleet management services for Pace Vanpool fleet vans utilized in the Shuttle Service. Agency agrees to cooperate with the Pace designated vendor at all times and to abide by any rules promulgated by Pace and the Pace designated vendor with respect to fleet management services utilized in the Shuttle Service. Agency acknowledges that a Pace designated vendor provides accident management services for Pace Vanpool fleet vans utilized in the Shuttle Service. Agency agrees to cooperate with the Pace designated vendor at all times and to abide by any rules promulgated by the Pace designated vendor with respect to accident management services utilized in the Shuttle Service. The Agency agrees to notify Pace and the Pace designated vendor in the event of any vehicular accident or other accident involving bodily injury or property damage within 2 hours of the accident. These reporting procedures must be followed whenever bodily injury or property damage occurs, even if no third party was involved. Otherwise Pace shall have the right to deny coverage for damages arising out of said occurrence/incident/accident and Agency shall be held personally responsible for any and all damages. Agency acknowledges that a Pace designated vendor provides fuel credit card services for Pace VIP fleet vans utilized in Shuttle Service. Agency agrees to cooperate with the Pace designated vendor at all times and to abide by any rules promulgated by the Pace designated vendor or Pace with respect to fuel cards utilized in the Shuttle Service. Agency agrees that all Pace provided fuel cards are to be kept in one location under lock and key and are to be checked in and out by the drivers on a daily basis. A log must be kept that verifies the location of the Pace assigned fuel 4

5 card and who is responsible for it. The Transportation Coordinator or designee is required to do a physical inventory of the Pace provided fuel cards daily and immediately report any cards not in their possession to Pace Vanpool Services. Under no circumstances should a Pace provided fuel card be stored or kept in a Pace assigned van. Agency shall be held personally responsible for costs incurred due to lost or misused fuel cards. Agency shall return the van to Pace in the same condition as when it was delivered, ordinary wear and tear excepted. Upon its delivery and return, Agency and Pace, or its agent, shall inspect the van and provide a report on its condition. The report shall be signed by both Pace and Agency. Damage to the van which is not attributable to a reported accident/incident and supported by a written accident/incident report or is otherwise determined by Pace to be caused by vehicle neglect will be the sole responsibility of Agency, and Agency shall compensate Pace for the cost of such repairs including those above the $ per van guarantee. 11. Pace Responsibilities 12. Term In addition to providing vans and the insurance coverage set forth in paragraph 9 above, Pace will issue fuel and maintenance only credit cards to Agency for authorized fuel, maintenance, service and repairs for the Pace van(s). Pace will provide loaner vans by reservation on a first-come, first-served basis for times when the assigned van is out of service. Pace will also assist Agency in providing alternative transportation when neither the regular van nor any loaner van is available. If requested by Agency, Pace will assist Agency in selecting routes and schedules for the Shuttle Service. Pace reserves the right to substitute a different van of the same size classification at any time. Upon notice to Pace and subject to availability, Agency may obtain additional vans upon the same terms and conditions as stated herein. This agreement shall be effective as of the day of its signing and shall continue in force until one of the parties gives the other party written notice thirty (30) days in advance of the desired termination date. Pace may terminate the Agreement upon five (5) days notice in the event of failure by the Agency to correct any safety or accident reporting violations or for failure of Agency to pay Pace amounts due on a timely basis. Upon termination, Pace may take any and all steps to regain possession of the van(s), including self-help. This agreement may not be assigned by Agency without the approval of Pace. All successors and assigned will be bound by the terms and conditions of this Agreement and must fully comply therewith. 13. Modifications to the Agreement Pace reserves the right to modify the terms of this Agreement, including the monthly fares and fees, with thirty (30) days written notice to Agency. 14. Nondiscrimination Agency understands and agrees that regardless of the primary purpose of the usage of the van, that all service provided must be open to the public (within the limits of schedule and space availability) and shall not be restricted to a particular group of individuals. 5

6 The parties shall cooperate to ensure that no person shall be denied the opportunity to participate in nor be subjected to discrimination in the conduct of the VIP because of race, creed, color, age, sex, sexual orientation, national origin, nor the presence of any sensory, mental or physical disability, nor in any manner contrary to applicable local ordinance, state and federal laws and regulations, specifically including Title VI of the Civil Rights Act of 1964, Title 49, Code of Federal Regulations, Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation. 15. Financial Integrity As a condition of participation in the Shuttle Service, Agency will be required to provide a financial statement for the most recent year and any other financial information requested by Pace to assist Pace in verifying Agency s financial capability to undertake its obligations under this Agreement. At any time during the term of its participation in the Shuttle Service, Agency agrees to furnish Pace within forty-eight hours of receipt of Pace s written request (which request may be forwarded by mail, telefax, or transmission), evidence satisfactory to Pace of Agency s ability and capacity, financial or otherwise, to carry out its obligations under this Agreement and the Shuttle Service. 16. Audit and Recordkeeping Agency shall permit authorized representatives of Pace or its designees to inspect and audit all records and data associated with the operation of the VIP service. Agency shall retain all records associated with the service for a period of three (3) years following expiration or termination of the service or such longer period of time for any pending audit, litigation or other claim. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated below. NOT-FOR-PROFIT EMPLOYER PACE By: By: Title: Title: Signed: Signed: Date: Date: Not-for-Profit Corporation Act File Number 6

7 EXHIBIT B Intended Use of Pace Van(s) Describe intended use of Pace van(s): Modifications to the stated intended use, identified above, must be pre-approved by the Vanpool Office. Signature Title Date Agency FOR PACE VANPOOL OFFICE USE ONLY APPROVED Vanpool Department Manager NOT APPROVED Date 7