R2020-183 Resolution Authorizing Execution of an Agreement for Management and Operation of City of Decatur Public Transit Services with MV Transportation, Inc.

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7) Pa ent: CITY shall ensure payment of proper charges within thirty(30)days after CONTRACTOR submission of an accurate monthly invoice and/or billing. 8) Maximum Obli ation• CITY agrees to pay CONTRACTOR for its services as described the submitted "Cost Proposal Form-Page 1" dated 10/2/2020. The price to be paid by CITY to CONTRACTOR for fixed-route service,supplemental service,and paratransit shall not exceed the amounts as outlined in this proposal unless agreed to in writing by both parties. Effective July 1 of each contract year beyond FY2021, rates shall be adjusted to the multiyear pricing included on this "Cost Proposal Form." Additional vehicle service hours may be operated upon the written request of the CITY and compensation for such additional service shall be as established therein. CITY shall pay CONTRACTOR for such additional service at the appropriate fixed hourly rate as established in this Agreement. Reduced vehicle service hours may be scheduled upon the written request of the CITY, and such reductions shall reduce the maximum obligation of the CITY referenced above. In such case, the fixed hourly rates and fixed monthly fees provided in the "Cost Proposal Form, will not be changed. The fixed hourly rate, however, may be renegotiated in the event vehicle service hours agreed upon in Section 5a.are increased or reduced cumulatively by more than fifteen percent(15%). All payments from CITY to CONTRACTOR for future services are contingent on and subject to the availability of Illinois Department of Transportation (IDOT) DOAP funding, Federal Transit Administration (FTA) funds, and any other related transit funds to continue the services herein described. CITY cannot obligate funds beyond the current fiscalyear. It is the intent of the CITY to pay CONTRACTOR for all services operated. CITY shall notify CONTRACTOR if such funds will become unavailable or insufficient for the provision of service, such that CONTRACTOR does not operate service for which CITY cannot pay. Notwithstanding any other provision of this Agreement, no CITY General Fund monies shall be encumbered or otherwise obligated. CITY may terminate this Agreement if IDOT, FTA, or any other transit- related funds are not available or insufficient. a. Vehicle Service Hours for fixed-route service shall be defined as the total number of hours operated while in revenue service commencing when the bus stops at the first designated stop and ends at the last designated stop, excluding deadhead time to and from the yard, designated lunch breaks, and fueling time. "Vehicle Service Hours" for paratransit shall be defined as the total number of hours and fraction thereof operated in quarter hour increments while in revenue service from the first passenger"pick-up"to the time of the last passenger"drop-off'per vehicle per driver, specifically excluding any driver preparation time;paid or unpaid driver break periods; lunch periods; deadhead time either to or from the yard; driver exchange periods; fueling time, road calls or any such period that the driver and vehicle are not specifically engaged in the "pick-up", transport, or"drop-off' of revenue passengers. Such exclusions shall not include travel time between passenger"pick-ups/drop-offs." "First Passenger Pick-Up" shall be defined as the driver's actual arrival time or the "scheduled"pick-up time.