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HomeMy WebLinkAbout1993 Ordinance No. 001ORDINANCE NO. L SERIES OF 19921993 BY AUTHORITY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MF.MBER HABENICHT AN ORDI N.-'...'IC E APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVER.Y~fENTAL COOPERATION AGREEMENT WITH ARAPA'IOE COUNTY ON BEHALF OF THE ARAPAHOE COUNTY TP-·\NSPORTATION SERVl~FS AND THE CITY OF E1'GLEWOOD, COLOR..\.0 O FOR SPECIALIZED TRANSPORTA'IION SERVICES FOR ENGLEWOOD HAN DICAP PED .A.'ID ELDERLY RESIDENTS !'ROM JANUARY!, 1993 THROUGH DECE~IBER 31, 1993. WHEREAS, the City Counci l do es hereby detennine that it is in the publi c interest and we lfare of th e residents of the City of Englewood, Colorado that the City engage in a coo perati ve Agreement with Arapahoe Coun ty Transportati on Se rvi ces fo r transportation se , vic es for En glewoo d h andicap p,~ and el derly r esidents; and WHEREAS, the City shall pay Arapahoe Coun ty on behalf of Arapahoe C.oun ty Trnnsportation Services $1 2,000.00 fo r transportation provided to Engl ewood ha ndicap ped q,nd senior residents ; and WHEREAS , Arapahoe Coun ty Transportation Service s shall be responsible fo r r ece iving teleph on e calls from Englewood handicapped and se nio r r es idents in ne ed of t r ansportation and shall not di reetly charge a fee to the E:,glewood residents using these services; NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO UNC IL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: ~-The City of Englewood h er,by approves th e Agree ment, as attach ed her eto, entitled Agreement Arapahoe County Transportation Service s, between the City of Englewood, Colorado and Ara pahoe Co.inty on behalf of the Ara pahoe County Transportation Services. Arapahoe County Transportation Services will provide the City of Englewood handicapped and elderly residents tran s portation services from January I. 1993 through Decem ber 31 , 1993 Said A,,aree men t is hereby accepted and app roved by the Englewood City Council. ~-The Mayor is authorized to exec ute and the City Clerk to attest and seal that Agreement fo r a nd on behalf of th e City of Englewood . In t rod uce d, read in full , and passed on fi rst ,eading on the 21st day of Dece mber, 1992 . Publi shed as a Bill fo r an Ord inance on the 24th day of Decembe r , 1992 . Rea d by title and passed on fin a l r eading on the 4th day of January, 1993 . -1 - Published by title as Ordinance No. L, Series of 1993, on the 7th day of J a nuary, 1993. ,>'!", E S'f: C~~i£i!uJ Patrir', H. Crow, Ci ty Cle rk I, Patricia H. Crow, City Cle rk of th e Ci ty of Eogl ewood , Colorado , h ereby certify that th e above and foregoing is a true copy of the Ordinance pas sed on final reading and publishd by title as Ordi nance No .... 1... Series of 1993 . /' f . • ' (' ··a, .oi-1.i,w,r uf . ~ Patricia H. Cro w -2- AGREEMENT ARAPAHOE COUNTY TRANSPORTATION SERVICES 1 HIS AGREEMENT made thi1 ___ day"'---~ 199 .• by and between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO ("CO UNTY"), or. behalf of the ARAPAHOE COUNTYTRANSPORTATICN SERVICES ("ACTS"), and t ,,e CITY OF ENGLEWOOD, COLORADO ('CITY"); anrl shall conslitulA! a grant for transportation service• for Englewood residents for the con,;Jer ,,tion hereinafter oet forth ; and WHEREAS , there is a need to provide specialized transportation services to h andicapped and elderly residents of the CITY; and WHEREAS, ACTS is a tnms portstion agency which can preoently provide transportation services to the elderly and handicapped residents of the CITY. NOW, THEREFORE, in consideration oftl-,e mutual promises and covenants contained h erein , the parties agree as follows : I. The IA!rm of this Agreement shall be from January 1, 1993 to Dec ember 31, 1993 inclusive . 2. The CITY shall pay the COUNTY, on behalf of ACTS, for transportation prov ided to Englewood residents. Said payment shall be made on February 18, May 16, August 17, and November 13, 1993 and within thirty (30) days of receipt of any final billing s ubmitted ·•t tl-,e conclusion or IA!rmination of the Agreement. In the event the CITY's budg•t or ':he budget of the re, ponsible department is reduced, theae funds will be reduced. The CITY renlizes th ,t the COUNTY and ACTS cannot serve all tr ansportn tio n requests with the available funds and that ACTS may request the CITY to help delA!rm ine trip priorities. 'l'he CITY shall 'iave the final decision as to which residents shall be trll1l sported within the confine& of the allotted budget. The Englewood City Council will pay ,\CTS for transportaHon services pr,ivided to CITY residents which are not pres«,' ,y covered by TITLE III of the Older \merican Act of 1965 (42 U.S.C. Sections. 300!, et oeq . and to supplement and/or replace Title Ill funds in order to further serve residents of the CITY. It is agreed that transportation s•rvices to CITY residents will be provided in any given n, .. nth only so long as the costs for such servit11s do not exceed THJIBE THOUSMD DOLLARS ($30 001 OVER ANY THREE MO:ITH PERIOD. 3. ACTS shall be responsible for receiving IA!lephone calls from residents in need of transportation services. 4 . Transportation to medicaVdental appointments, grocery stores, adult day care, Title Ill meal site, Malley Center and Englewood Recreation Center classes and programs shall b e considered "top priority". Trans portation to non -grocery stores, beauty shop s, social events 1 human se rvice agen cies , benks an d other re1ated destinations, shall be considered "lowe r priority• t ri ps. 5. ACTS shall provide both top priority and lower~• iority trips, but shall implement such priorities a s follows : (n) ACTS shall mnke every effort to provide top priority trips, within the r estriction s set forth herein ; ACTS will also atlA!mpt to accommodalA! request• for lower priority transportation, hut may require that some such requests be chang ed to more conven ient times .>r days in order to make a schedule more efficient or in ord er to accommodate a to p priority t.ip. (L) ACTS shall not, aa a rule, deny tervlce to a person who hn• &lready been scheduled ror a lower priority trip in order to ICC<"mmodate a high priority trip. 6. ACTS shall provide transportation within the followi;ig boundarin: 1a) Grocery tran s portation will generally be provided only to grocery llort1 vithin a client's general vicini ty. (b) No n-grocery store transportation will be provided only to atorea within tl ,e Engl ewood city limits. (cl Meal site transportation will be to the VOA Title Ill meal 1ite in Englewood . (cl) ACTS shall provide lower priority transportation only wiU,i,, a 5-mile radius of a clier · ',ome. Theae rellrictiona shall not apply if a lower priority trip request t , . oe provided within the route of an existing top priority trip. (e) Transportation costs for persons under 60 yean of ap or for lower priority tri ps shall be limited to $20.00 per month per person . (0 ACTS shall make every effort to link handicapped individuals under the age of 60 years to other avai lable transportation programs. 7. ACTS sh all provide its services generally between the hours of 8 :00 a .m. and 4:30 p.m. Persons requesting transportation services must have appointment/destination arrival t imes between 9:00 •.m. and 2:00 p.m. and return times by 3:00 p.m . ACTS shall provide its service Monday through Friday, unless requested for specific medi cal treatmenL Requests must be made before 2:00 p.m. one work day in advance unless the request is an immediate medical request by a physician. Transportation ahall not be provided when the weather conditions cnate such risk that residents could sustain injury if transported to designated locations. If transportation i1 provided in adverse weather condition,, the decision to ride or not to ride is up to the resident. 8. ACTS shall provide its services to persona confined to wheelchain. However, ACTS must be notified at the time transportation ia rtqueated that a per .. n ia in a wh eelchair so that appropriate transportation can be arranged for each trip. S. Exc eption s to the r.bove -li sted procedures can be made at th e discretion of th e COIJJl,'TY, the CIT Y and ACTS . When such exceptions are deemed necessary, it will be because of coordination , efficiency, ti me savi ngs or cost effectiveness. 10. ACTS will determ ine the most economical cost system for transportirig r eoi denls, and do ill beat to ensure that residents are able to keep scheduled appointments. If a vehicl e arrives for the transportation ofa client and the client either unreasonably refuses said trans portation or is not available to accept 1fli i tran1portation, ACTS shall be paid iLs no show/no go charge by the City. II . ACTS shall req uire, a s a condition ofita agreement& with it.s b·ans portation providers, that th e transporUtion provider shall exercise reasonable care in tran ,;porting re sidents in a safe mann er. 12. ACTS shall maintain, for accounting purposes, such books, record", accounts and oth er documents necessary to handl e the accoun.ing of all income and expenditures related to thi s Agreement. Such r ecords shall be subject at all reasonable times to review, audit and inspection by de si gnated officers, employees or agents of th e CO U:-O'TY . 13. Biannual activity/financial summary reports shall be filed with the Enalewood Department or Recreation Services. Reports 1hall be submitted by March 1 and September I. 14 . ACTS shall not directly charge any fee to the residents using the■e aervices. ACTS may acce pt donations, which will go toward increased levels of services. 15. ACTS may promote its program a.nd the services offered by it to CITY residents through various area media . 16 . ACTS shall maintain the confidentiality of all information received and shall conform with all County, State, and Federal laws, rules and regulations which may be related to this agreeme nt. 17 . The COUNTY and ACTS agree nJt to r efuse to hire, discharge, promote or demote or discriminate in any matter of compensation, performance of services or otherwise, against persons otherwise qualified solely because of race , creed, se:r., color, national origin or ancestry. 18. The CITY sbll assist ACTS in the procedural planning for transportation services and in th e monitoring of data collection and record keeping to ensure compliance with Federal, State, and County requirements. 19 . A(,'TS agrees to comply with all applicable laws including but not limited to health, safety and employmen t laws and regulations. 20. This agroem ent shall terminate on December 31, 1993 and may be terminated by either party upon 30 day s wri tten notice to the other party, without any responsibility or liability to either party . 21. This agreement may be modified only in writing upon mutual agreement of all parties. 22. The COUNTY and ACTS both acknowledge and agree that th.is agreement for transportation servi t..e s is a non-exclusive Agreem ent. The CITY may contract with oth er providers of transportation services to provi de similar services as,,. vided by ACTS. The CITY makes no representations regarding the level of services to be demanded of ACTS during the term of this Agreement. 23 . The official address of the CITY is 3400 South Elati Street, Englew ood, Colorado 80 110, and th e CITY shall promptly notify ACTS and the COUNTY of any change in said address. 24 . The official m•iling address of the cnUNTY is r •, County Attorney's Office, 5334 South Prince Street Littleton , Col orado 80166-o LJl, and the COUNTY shall promptly no tify the CITY or any change in said address. 25. The offic :o l mailing address of ACTS is 2009 We st Littleton Blvd ., Littleton, Colorado 80120, end ACTS siisll promptly noti fy the CITY end the COUNTY of any change in sai d address. IN WITNESS WHEREOF, the partie, hereto have hereunto affixed their lian•turea and seals. CITY OF ENGLEWOOD COLORADO BY _______ _ Clyde E. Wiggins, Mayor ATIEST: Patricia H. Crow, City Cl erk BOARD OF COL'NTY COMMISSIONERS COUNTY OF ARAPAHOE, Sl'ATE OF COLORADO BY __________ _ ARAPAHOE COUNTY TRANSPORTATION SERVICES BY _________ _ Date De cember 21 , 1992 INI11ATED BY STAFF SOURCE COUNCIL COMIIUNICA110N A&endaltem 11 b Subject ACTS Agreement Department l'f Recreation Scrv1ces LuAnne Mickelson, Recreation Scrvlces Manager JSSUE /AC110N PROPOS£!l S taff s eeks Council approval. of a bill fo r an ordinance approvmg an lntr.rgovemmental cooperatio:n agreement with Arapahoe County on behalf of the ,A Arapahoe County Transportation Services (ACTS) for transportation services for the 'W' elderly and handlcapp1'd from January l, 1993 through December 31, 1993. PREVIOUS COUNCIL .~C11CIN Council approved the 1992 ACTS agreement on July 6, 1992, by passing Ordinance No . 2 7, Serles 1992. BACKGROUND . This program was originally created to replace the "Taxi Coupon" program for 1992. It became apparent t 1 .• at the d=.and and need for both programs exists. Taxi Coupon program participants have been, and will continue to b e , encouraged to u se ACTS for transportation needs as appropriate. STAFF ANALYSIS This program ts working quite well and Is serving approximately 50 Individuals . It promotes a coordinated system of funding for transportation needs for the elderly and disabled population. The City funds are used "as a last resort" after alternative sources such as Medicaid , Red Cross, Titl e III of the Older American's Act, etc . h ave been exhausted. Our experience In 1992 has shown that m edical transportation not -covered by any other source (repeat visits for radiation therapy, dental appointments. chJropractor appointments) Ill the most prevalent use of the funds . Other uses Include tr81111J)Ortatlon to Malley Centi:r for the Friday meal program, and transportation to the Recreation Center for Aqua-exercise classes. nNANCIAL ThJs program Ill funded through the General Fund and budgeted In the 1993 Malley Center budget. While ftnal 1992 bills have not been received from ACTS, It Is estimated that the total cost ofthls program for 1992 will be less than 81.000.00. Our 1993 cost.~ ere budgeted to be 812,000, according to the terms of the agreement, whJch authorize an expenditure not to exceed $3,000.00 per three-month period. This Is similar to the amounts authorized for 1992 . However, because ACTS users frequently qualify for participation In other State of Federal transportation programs In whlch ACTS participates, the City's actual costs may be less than budgeted.