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CC Resolution No. 1383 2627 RESOLUTION NO. 1383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE AMENDED SENIOR/DISABLED CITIZEN TAXICAB PROGRAM GUIDELINES AND SENIOR/DISABLED CITIZEN TAXI PROGRAM AGREEMENT; ESTABLISHING THE COMMENCEMENT DATE FOR THE GUIDELINES AND THE USE OF THE AGREEMENT;PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby amends its Senior/Disabled Citizen Taxicab Program Guidelines. The guidelines as amended are attached hereto as Exhibit"A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby amends its standard Senior/Disabled Citizen Taxi Program Agreement. The agreement as amended is attached hereto as Exhibit`B" and incorporated herein for all intents and purposes. Section 3: That the City Council of the City of Baytown, Texas, hereby declares that the amended guidelines referenced and incorporated herein in Section I hereof and the amended form agreement referenced and incorporated herein in Section 2 hereof shall not be effective until April 1, 1999, but shall thereafter remain in effect until hereinafter amended or repealed. Section 4: All ordinances and resolutions or parts thereof inconsistent with the terms of this resolution are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this resolution shall be cumulative of other ordinances and resolutions regulating and governing the subject matter covered by this ordinance. Section 5: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 251h day of February, 1999. / a PETE C. ALFARO, ayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: 66NACIO RAMIREZ, S C Attorney c:klh 144\citycouncil\resolutions\SeniorCitizenTaxiCabProgramGuidlines&Contract SENIOR/DISABLED CITIZEN TAXICAB PROGRAM GUIDELINES PURPOSE. The Senior/Disabled Citizen Taxicab Program (the "Program") is sponsored by the City of Baytown Community Development Block Grant program. The goal of the Program is to provide non-emergency transportation services within the city limits of Baytown to eligible senior citizens and disabled citizens. PROGRAM DESCRIPTION. Participants of this Program are required to provide proof of eligibility. Participants must apply at the Community Development office and, if eligible, will be issued a Ride Card, a sample of which is attached hereto as Exhibit "A." The Ride Card will allow participants eight (8) half or full-fare one-way trips per month at a reduced cost. A Full-Fare Ride Card affords the eligible participant eight (8) one-way taxicab rides per month at no charge, unless the fare exceeds SIX AND NO/100 DOLLARS ($6.00). A Half-Fare Ride Card affords the eligible participant eight (8) one-way taxicab rides per month at one-half of the standard fare, unless one- half of the fare exceeds THREE AND NO/100 DOLLARS ($3.00). Participants holding a Full- Fare Ride Card will be obligated to pay at the time of the ride all fares in excess SIX AND NO/100 DOLLARS ($6.00), and Participants holding a Half-Fare Ride Card will be obligated to pay at the time of the ride all fares in excess of THREE AND NO/100 DOLLARS ($3.00). When a participant needs taxicab service for non-emergency transit, he or she will call a taxicab company who has contracted with the City of Baytown (the "City") to provide this service. The taxicab company will dispatch a taxicab to pick up the participant. The participant will present his or her Ride Card along with photo identification to the taxicab driver, who will punch the Ride Card, indicating that the participant has used one of the eight (8) one-way trips allowed each month pursuant to the Program. The taxicab driver will transport the participant to his or her destination within the city limits of Baytown. A Ride Ticket, a sample of which is attached hereto as Exhibit `B," will be completed by the taxicab driver and signed, if correct, by the participant at the end of each ride. The taxicab company will then submit the Ride Ticket to the City of Baytown for verification and payment in accordance with the terms and conditions of the Senior/Disabled Citizen Taxicab Program Agreement. The taxicab company shall be solely responsible to collect any amounts due from participants pursuant to this Program at the time of the transport. The City's obligation for each one-way trip shall never exceed SIX AND NO/100 DOLLARS ($6.00) for participants holding a Full-Fare Ride Card and THREE AND NO/100 DOLLARS ($3.00) for participants holding a Half-Fare Ride Card. EXHIBIT A 1 ELIGIBILITY. To be eligible for participation in the Program, an applicant must: 1. be a resident of the City of Baytown and provide proof thereof, which may include one or more of the following: a. utility bills (water, electricity, gas, or phone) for at least three (3) months indicating that service is provided in the applicant's name; b. rent receipt indicating that applicant resides at the premises for which rent is being paid; and/or C. deed or lease indicating that the applicant owns/resides at the premises; 2. be either: a. 60 years of age or older and provide proof thereof, which may include one or more of the following: 1. State-issued photo Identification Card and/or 2. State-issued Drivers' License; or b. have a disability as certified by the applicant's doctor on the certification form, which is attached hereto as Exhibit "C"; 3. file a completed application, a sample of which is attached hereto as Exhibit "D," and submit such completed application to the City of Baytown's Community Development Office located at 2401 Market Street, Baytown, Texas; and 4. satisfy the following income eligibility requirements: a. Participants' income must not exceed the following income limits, which will be recalculated each year based on HUD's guidelines: 1999 ANNUAL INCOME LIMITS FULL-FARE RIDE CARD HALF-FARE RIDE CARD Single Person $18,950.00 $30,300.00 Couple $21,650.00 $34,600.00 b. To prove the applicant meets the above-referenced income eligibility requirements, the applicant must submit with his/her application all of the following that apply: 1. Social Security Award Letter; 2. Retirement Verification; 3. Veteran's Administration Award Letter; 2 4. Food Stamp Award Letter; 5. Bank Statements for the past three (3) months; 6. Investment Interest; 7. Verification of Self-Employment; 8. Welfare Verification; 9. Supplemental Social Security Income Award Letter; and 10. Proof of any other source of income. INSTRUCTIONSIINFORMATION FOR PARTICIPANTS. 1. The City of Baytown will contract annually with one or more taxicab companies for the provision of transportation services pursuant to the Program. In order to obtain such services, a participant must call the taxicab company's dispatcher. The telephone numbers of participating taxicab companies shall be listed on the participant's Ride Card and shall be updated as appropriate. 2. Taxicabs shall be available seven (7) days per week, twenty-four (24) hours per day. 3. When contacting the taxicab company to request taxicab service, the participant must identify himself/herself as a participant of the Program. This should assist in keeping response time to a minimum. 4. A participant must take note of both the time the participant initiates a request for service and the time the taxicab arrives at the origination point to perform the services requested by the participant. 5. Once the taxicab has arrived at the origination point to perform the services requested by the participant, the participant shall be obligated to either: a. use the transportation services of the taxicab company or b. pay a $2.00 pick-up fee if the participant decides not to use the transportation services of the taxicab company after initiating the request for service. This $2.00 pick-up fee must be paid in cash by the participant rather than being charged to the Program. 6. Under the Program, a participating taxicab company shall pick up a participant at the origination point designated by the participant within the city limits of Baytown and take the participant to the destination point designated by the participant within the city limits of Baytown; provided, however, that neither the origination or destination point shall be an establishment primarily serving or selling alcoholic beverages (bars/liquor stores). The taxicab companies have been 3 notified of this restriction and shall not accept a participant's Ride Card under the above-stated circumstances. 7. When the taxicab arrives to pick up a participant, the participant must present the Ride Card and photo identification to the taxicab driver. The taxicab driver will punch one hole in the Ride Card for the appropriate month to indicate that the participant has used the Program to obtain one (1) one-way trip in such month. If a participant's fare exceeds SIX AND NO/100 DOLLARS ($6.00), such participant shall pay that portion of the fare in excess of SIX AND NO/100 DOLLARS ($6.00) at the end of the trip. If a participant has been issued a Half- fare Ride Card, such participant must pay one-half('/2) of the fare at the end of the trip plus any remaining amount in excess of THREE AND NO/100 DOLLARS ($3.00). 8. Once the participant has reached the chosen destination point, the participant must check the call-time and pick-up time noted on the Ride Ticket completed by the taxicab driver. If the ticket is correct, the participant shall sign the Ride Ticket. If, however, the Ride Ticket is incorrect, the participant shall note any corrections on the Ride Ticket and initial all corrections made. The Ride Tickets shall be returned to the City of Baytown for verification prior to payment. GENERAL PROGRAM RULES AND RESTRICTIONS. 1. In order for the Ride Card to be valid, the Ride Card must be signed by the participant. 2. Rides cannot be accumulated from one month to the next. Therefore, should a participant fail to use all of the rides allotted to him/her during a month, such unused rides will expire and no longer be valid. 3. The participant must be present and personally utilize the taxicab service for the Ride Card to be accepted by the taxicab driver. Another person(s) may accompany the participant at no additional charge; provided, that the other person(s) and the participant have common origination and destination points. The Ride Card cannot be loaned to any other person(s) even if such other person(s) qualifies for the Program. 4. Replacement Ride Cards may be requested by the participant in order to replace lost or stolen cards. The City of Baytown will issue only two (2) replacement Ride Cards per participant per year. If a replacement Ride Card is issued, the replacement Ride Card will be distributed by mail three (3) working days after the request for replacement has been made and will be issued only for the unused portion of the lost or stolen Ride Card. 4 5. Only one (1) Ride Card will be punched by the taxicab driver if all passengers embark and disembark at the same location. Therefore, two (2) to five (5) participants may ride a taxicab for the price of one (1) fare. 6. For participants who embark and/or disembark at different locations, each such participants' Ride Cards shall be punched by the taxicab driver. The taxicab company shall charge such fares in the following manner: a. The first person to disembark is charged the pick up fee plus mileage from the origination point to such person's destination point; b. The second person to disembark is charged for mileage from the first destination point to the second destination point plus the pick up fee; C. The third person is charged for mileage from the second destination point to the third destination point plus the pickup fee. If a passenger who is not a participant of the Program embarks/disembarks at a different destination than a participant, he/she must pay a cash fare. 7. Waiting time shall not be charged to the Program even if a participant asks the taxicab driver to wait. A participant who requests that a taxicab driver wait for him/her is liable and, as such, must pay the taxicab driver the appropriate fare for the waiting time. 8. A round trip will be counted as two (2) rides. 9. No person may smoke in a taxicab while the same is occupied by a Program participant. Neither the participant nor the taxicab driver can waive this requirement. 10. Participants must be courteous to the dispatchers of the taxicab companies as well as to the taxicab drivers. Obscene or threatening language directed at a dispatcher or taxicab driver will not be tolerated and may result in the participant's removal from the Program. 11. Participants in the Program shall comply with the rules of the Program. Upon the determination of the Community Development Coordinator that a violation of any provision of the guidelines has occurred, the participant may be removed from the Program. Neither the taxicab company nor any of its employees or subcontractors is authorized to make a determination regarding a participant's noncompliance with the terms and conditions of these guidelines, and therefore, may not refuse service on this basis. If the Community Development Coordinator determines that a participant shall be removed from the Program, the participant shall be notified of such decision in writing, which will be mailed to the address on file at the 5 Community Development Office. Any person wishing to appeal a decision of the Community Development Coordinator, on the grounds that the decision misconstrues or wrongly interprets these guidelines may, within thirty (30) days after the decision, appeal the decision to the City Manager or his or her designee, provided that the participant gives notice of appeal in writing to the City Clerk no less that ten (10) days following the written notice of the decision which the participant is appealing. The decision of the City Manager or his or her designee shall be final and binding on the participant, the taxicab company and the City of Baytown. If the decision of the Community Development Coordinator is not properly appealed, the decision of the Community Development Coordinator shall be final and binding on the same parties. 12. Complaints regarding the Program should be made in writing and sent to the following address: Senior/Disabled Citizen Taxicab Program Community Development Department 2401 Market Street Baytown, Texas 77520. c.klh l44\communitydcvelopmcnt\ScniotCitizonTaxiProgram\Taxica6Guidclincs022299 6 O, 9L99.bEZL' N 8.L95b £ ZI �Wm co NE- C 1998 99 � _ W c) -N�coO M < 0.7— 12345. 5.78 ' T 12345678• R i V8 9L99V £ ZL 8L9S17CZL z0 > ! W 0 co ti FREE-FARE 1998-99 LO CACARDS 'IT a (T —' N o' SIGNATURE V °' J D A E j corn 12345678 N 1 2345678 C I EXHIBIT A 114 lir CAB COMPANY Service Address Phone Number (s) DATE C4.3 NO PJVFR. CALLTIME: I I PICK UP TIME: TO: Ci,'u GE TO: SfGPr-tt')* Card No. Wc Nunn. .: ��(OUNT TAXI CO. EXHIBIT B The above-named applicant has examined the eligibility requirements of the City of Baytown Senior/Disabled Citizen Taxicab Program and has submitted this application for participation in such program after certifying that all of the information so submitted is true and correct. It is expressly understood and agreed that should it be determined at any time by the City of Baytown, its officers, agents and/or employees that this application contains incorrect or incomplete information, the above-named individual shall be disqualified from participation in the Program and shall be required to repay the City of Baytown all expenses incurred as a result of such individual's participation. Furthermore, by submitting this application, the applicant hereby agrees to abide by all of the terms and conditions contained in the City of Baytown Senior/Disable Citizen Taxicab Program Guidelines and all amendments thereto. Failure to do so may, at the sole discretion of the City of Baytown, disqualify the applicant from further participation in the Program. Certification: The section below is to be signed by the aoolicant. A witness is needed for any signature made by mark. I certify this application has been completed to the best of my knowtedse with complete and accurate information. I understand any false statements or omissions of facts relevant to my eligibility for assistance will be considered fraud, and that I may be prosecuted uncle: applicable U.S. Codes for this fraud. Furthermore, I understand that assistance granted to my housei:old based on fraudulent information r,.ust be reimbursed in whole to the City of Bap-�owri. Applicant Date witness (ifsigned 'oy mar'.) Commur :: De';eleomeat OL a i; .t;tecictiair-;u_essi'cie. a dica^ a '.an spaces are ava !abiC. For of ice use only: !II are Ha! -Fare Card No issued \.0cc"z:d Ey Da__' Issue CITY OF BAYTOWN SENIOR/DISABLED CITIZEN TAXICAB PROGRAM DISABILITY CERTIFICATION APPLICAi`(T FirsEName Middle Name ! Last Name Street Address City Sta[e Zrp Phone Nrunber Soctai$e�urtty Nuinber ➢ate of Btrdr I t ; IIocfor ; Firse:Name Middle Name Last Ilame Doctor s Street'Address City _ State ': �iP. ....:.. Nat lie of Disabilrty PhoneNumber Type ofPract celDegree 1n accordance with federal law and regulation published by the Department of Housing and Urban Development, it is necessary to verify the disability status of the Applicant identified hereinabove. The information provided will be used solely for the purpose of determining the applicant's eligibility for participation in the Senior/Disabled Citizen Taxicab program funded by a Community Development Block Grant. I, the above-referenced doctor, hereby certify that in my professional opinion, the above-named applicant meets the following marked criteria: The applicant has a disability as defined in 42 U.S.C.S. 423 -- (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or (B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of"blindness" as defined in section 216(i)(1) [42 U.S.C.S. §416(i)(1)]), inability by reason of such blindness to engage in substantial gainfid activity requiring skills or abilities comparable to those of any gainful activity in which tie has previously engaged with some regularity and over a substantial period of time. The applicant has a developmental disability as defined in 42 U.S.C.S. §6001 --a severe, chronic disability of an individual 5 years of age or older that-- (A) is attributable to a mental or physical impairment or combination of mental and physical impairments, (B) is manifested before the individual attains age 22; (C) is likely to continue indefinitely; (D) results in substantial functional limitations in three or more of the following areas of major life activity-- (i) self-care; (ii) receptive and expressive language; (iii) learning; (iv) mobility; (v) self-direction; (vi) capacity for independent living; and (vii) economic self-sufficiency, and (E) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated, except that such term,when applied to infants and young children means individuals from birth to age 5, inclusive, who have substantial developmental delay or soecific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided. SIGNED this the_day of 199 Signature of Doctor [Stamp of Doctor's OtHcel EXHIBIT C :.''dh]TcommwiryCcvcloon•.<n4Ccniti<a�onOoctor.'ixicab Profvn SENIOR/DISABLED CITIZENS TAXICAB PROGRAitiI APPLICATION Applicant: First Name Last Name M.I. Social Security No. Date of Birth / / Race/Ethnicity_ Home Phone (_) Work Phone (_) Sex Check One: Single Married Divorced Widowed Address of Applicant: (All applicants must reside within the Baytown city limits to be eligible) Baytown, TX Number Street Apartment Zip Code Mailing Address: (Lf dif'ereat liom above) Number Street Apartment City ST Zic Name and Phone Number of Relative, Friend, or Neighbor who can usually contact cou: Ni;_-ne Relatien Home Phone Work Phe ne Income Information: Full disclosure Ot all Income and assets must be made. Failure co dlsciese at'y Income CC assets is d crinllnai offense under Section 1001 ci Clue 13 Oi the G.S. Code. .-\!I Income and assets t,al require verification from the the' sources before ehu-ibikl %,,ill be granted. Income includes all money flowing into the household. regardless of age of recipient. Such things as sei_- emploament vages, \FDC, afiraon,,, Sccial_Security BeCet:[s, Pensjcrs, CeI!d $uCCC Ce Tll: vlrC; imm. mends Or tamiiy, m:0 itel' Pia^, CCm G'r :idfn_ .i P.^::Ces, and er J'+'� i p iri est Income `Om C.-n- accouats or ir,,esiments zzusi be disclosed. List yourselFtirst. E[ousehold L[ember Source of Income Monthle amount Receive Total Monthly Income Tutnl Yearly Income EXHIBIT D SENIOR/DISABLED CITIZEN TAXI PROGRAM AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This SENIOR/DISABLED CITIZEN TAXI PROGRAM AGREEMENT (this "Agreement") is made and entered into on this _ day of , 1999, by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, hereinafter called "City," and of County, Texas, hereinafter called"Contractor." I. DEFINITIONS As used in this Agreement, the following words and phrases are defined to mean: City: means and refers to the City of Baytown, Texas, and all attendant boards, agencies, commissions and related bodies, along with their respective officers, agents and employees. City Manager: means the City Manager of the City of Baytown or his designated representative. Contractor: means its volunteers, officers, directors, agents, employees and assigns. The Contractor must have at all times during the term of this Agreement a valid permit issued by the City pursuant to the provisions of Chapter 102, Article II of the Code of Ordinances of the City of Baytown. Representative of the Contractor: means or his duly designated representative. Program: means the Senior/Disabled Citizen Taxi Program, which provides low- income senior or disabled citizens SIX AND NO/100 DOLLARS ($6.00) to be applied towards eight (8) free-fare or half-fare rides per month. Taxicab or Cab: means every automobile or self-propelled vehicle used for transportation of a passenger for hire over the public streets of the City of Baytown, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled or at rates per hour, whereby such vehicle is routed to a destination under the direction of the passenger or person EXHIBIT B Senior/Disabled Citizen Taxi Program Agreement, Page I hiring the same. A list of such vehicles to be used in the performance of any of the Contractor's obligations under this Agreement is labeled Exhibit "A" and is attached hereto and incorporated herein for all intents and purposes. IL CONTRACTOR'S OBLIGATIONS The Contractor covenants and agrees to furnish transportation service for elderly and handicapped/disabled persons by operating its taxicabs in compliance with the following requirements: I. The Contractor shall make its taxicabs and drivers available twenty-four (24) hours a day for the transportation of the elderly and handicapped/disabled persons. 2. The Contractor agrees that the taxicabs will be maintained at all times in accordance with the requirements of Chapter 102, Article II of the Code of Ordinances of the City. 3. The Contractor agrees that the taxicabs will be operated at all times in accordance with the requirements of the state and federal laws and applicable ordinances of the City. 4. The Contractor agrees that it shall have sufficient personnel to man and shall man a telephone in order to make its services available to persons involved in the Program at all times. The Contractor agrees that it will maintain a dispatch office which will receive telephone calls and requests for services and at which place a dispatcher shall control the movements of the taxicabs to points of request for taxicab service. The Contractor's number shall be listed in the local phone books under the name of the Company. If such number is changed for any reason, the Contractor shall immediately inform the City and the participants of the Program of the new number. Calls received pursuant to this Program shall be treated as any other fare and shall receive no preference or disfavor. 5. The Contractor shall provide an updated list of taxicabs and drivers used in the performance of the Contractor's duties pursuant to this Agreement on April 1, July 1, October 1, and January 2 of each year in which this Agreement is in full force and effect. 6. The Contractor hereby understands and agrees that the Contractor will respond within twenty-five (25) minutes for at least eighty percent (80%) of calls each month. Such time shall be measured from the time the call is placed until the time the passenger is picked up. Such times shall be recorded on each individual ride ticket, a copy of which is attached hereto as Exhibit "B," and incorporated herein for all intents and purposes. No payment will be paid to the Contractor for Senior/Disabled Citizen Taxi Program Agreement, Page 2 tickets submitted without this required information. Furthermore, such information must be kept by the Contractor in each driver's daily manifest, which shall be subject to inspection by the City as hereinbelow provided. 7. The Contractor shall at all times throughout this agreement maintain in full force and effect the insurance as required herein. 8. The Contractor shall abide by the Senior/Disabled Citizen Taxicab Program Guidelines, which are attached hereto as Exhibit "F" and incorporated herein for all intents and purposes. III. COMPENSATION Subject to the availability of federal funds and as full compensation to the Contractor for operation of the above-referenced transportation services, the City agrees to reimburse the Contractor up to SIX AND NO/100 DOLLARS ($6.00) per ride for the fares which would have been charged to the passengers if such passengers were not participating in the Program. All fares which exceed the amount to be reimbursed by the City shall be paid directly from the program participant at the time of the ride. The City shall only be responsible for those services actually performed at the applicable rates as prescribed in Chapter 102, Article II, as may hereinafter be amended, of the Code of Ordinances of the City of Baytown, Texas, up to a maximum of SIX AND NO/100 DOLLARS ($6.00) per ride. Under this Agreement, the City shall not be responsible for fees associated with waiting time or additional fees for trips originating between the hours of 8:00 p.m. and 6:00 a.m. The Contractor will send an invoice and individual ride tickets along with other billing information and substantiating documentation to the City each month indicating the amount allegedly due. All forms, documentation and reports required herein shall be in a form and format approved by the City. Exhibit "C," which is attached hereto and incorporated herein for all intents and purposes, is a sample invoice which must be used in billing the City for services performed pursuant to this Agreement; and Exhibit "D," which is attached hereto and incorporated herein for all intents and purposes, is a ride detail form which must accompany each such invoice. The invoice together with the ride detail must be properly and fully completed; and all necessary supporting documentation must be attached prior to the Contractor being paid by the City. The City shall make the payment which the City deems in its sole discretion is appropriate within thirty (30) days of the later of the receipt of a proper invoice or the performance of the services performed. IV. TERM This contract shall be in effect and shall continue for an initial term commencing on April 1, 1999, and terminating on September 30, 1999, unless sooner terminated under the provisions of this Agreement. Senior/Disabled Citizen Taxi Program Agreement, Page 3 V. ACCESS TO CONTRACTOR'S RECORDS AND FINANCIAL INFORMATION The City shall without prior notice to the Contractor have the right through its agents and employees to audit and examine at all reasonable times, the Contractor's books, manifests, and financial and operational records which may be reasonably required by the City in order to enforce the terms of this Agreement or to evaluate the Contractor's performance. Financial records will be maintained with such adequacy so as to allow identification of the source of all revenue and expenditures related to this Agreement. The Contractor shall make copies of information as and when requested by the City at no additional charge to the City. VI. RIGHT TO INSPECT VEHICLES OR CONTRACTOR'S OPERATIONS The City, through its officers, agents, and employees, reserves the right to enter the place of business of the Contractor or any taxicab used in performing services under this Agreement for the purpose of inspecting the Contractor's operations in relation to the work and/or services being performed. In accordance therewith, the Contractor shall fully cooperate with the City and shall supply the City, upon request, with all information necessary for the City to ensure that the Contractor is fulfilling his obligations under this Agreement. It is expressly understood that the City, its officers, agents or employees have full authority to reject any and all services found to be not in accordance with this Agreement. Neither observations by the City nor inspections or approvals made by the City, or persons authorized under this Agreement to make such inspections or approvals, shall relieve the Contractor from its obligation to perform the transportation services in accordance with the requirements of this Agreement. VII. ASSUMPTION OF LIABILITY BY CONTRACTOR The Contractor hereby assumes all liability and responsibility for injuries, claims or suits for damages to persons or property of whatever kind or character, whether real or asserted occurring during the term of this Agreement, arising out of or by reason of the operation of the transportation of elderly and handicapped/disabled persons and all other operations arising under or otherwise incident to the provisions of this Agreement. VIII. INDEMNIFICATION The Contractor agrees to and shall indemnify, hold harmless, and defend the City, its officers agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, Senior/Disabled Citizen Taxi Program Agreement, Page 4 including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person, or for any and all damages arising out of or in connection with the work done by the Contractor pursuant to this Agreement, the conduct or management of the Contractor's business or activities, or from any act or omission by the Contractor, where such injuries, death or damages are caused by the joint negligence of the City and any other person or entity. It is the expressed intention of the parties hereto, both the Contractor and the City, that the indemnity provided for in this paragraph is indemnity by the Contractor to indemnify, protect and defend the City from the consequences of the City's own negligence, where that negligence is a concurring cause of the resulting injury, death or damage. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where the injury, death or damage results from the sole negligence of the City unmixed with the fault of any other person or entity. In the event that any action or proceeding is brought against the City by reason of any of the above, the Contractor further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. This indemnification provision shall survive the expiration or earlier termination of this agreement and shall remain in full force and effect. IX. INSURANCE Throughout the term of this Agreement, the Contractor at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the Contractor's operations and/or performance of the work under this Agreement, whether such operations and/or performance be by the Contractor, its agents, representatives, volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The Contractor's insurance coverage shall be primary insurance with respect to the City, its officers, agents and employees. Any insurance or self-insurance maintained by the City, its officers, agents and employees shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors, if any, as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. The following is the required insurance as well as the minimum coverage amounts required in this contract: Senior/Disabled Citizen Taxi Program Agreement, Page 5 • Business Automobile Liability Policy, which shall include any vehicle being operated by the Contractor or its officers, agents and/or employees. • Limits of$20,000/$40,000/$15,000. Before commencing any of the work, the Contractor shall file with the City valid Certificates of Insurance and endorsements acceptable to the City Attorney. Such Certificates shall contain a provision that coverages afforded under the policies will not be canceled, suspended, voided, or reduced until at least sixty (60) days' prior written notice has been given to the City via certified mail, return receipt requested. The Contractor shall also file with the City valid Certificates of Insurance covering all Subcontractors. The following are general requirements which are applicable to all policies: 1. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. 2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. Claims-made policies will not be accepted. 3. The City, its officers, agents and employees are to be added as "Additional Insureds" to the Business Automobile Liability Policy. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officers, agents or employees. 4. Upon request, certified copies of all insurance policies shall be furnished to the City. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent,and shall contain the following provisions and warranties: 1. The company is licensed and admitted to do business in the State of Texas. 2. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. 3. All endorsements and insurance coverages according to requirements and instructions contained herein. 4. The form of the notice of cancellation, termination or change in coverage provisions to the City. 5. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. Senior/Disabled Citizen Taxi Program Agreement, Page 6 X. CONTINGENCY OF CONTRACT The City has no City funds for the services to be rendered under this Contract. It is expressly agreed and understood that this Contract is predicated and conditioned upon the City receiving funds for the purpose of paying the entire obligation of the City under this Contract from funds to be received from the U.S. Department of Housing and Urban Development ("HUD"), by virtue of a Community Development Block Grant. Notwithstanding anything herein to the contrary, the maximum liability of the City under the Program on which this Contract is based shall not exceed the amount remaining as of the date this Contract is executed for the current fiscal year, which has been authorized by the City for the Program and by HUD pursuant to the Block Grant. As such, the Contractor understands and agrees that the City may terminate this contract at any time should the funds (i) be expended, (ii) no longer be available, or (iii) decline to such a level that the City Manager, in his sole discretion, determines that this Contract must be terminated in order to ensure that the services performed prior to this termination are paid by giving the Contractor written notice of the termination from the City Manager. Upon delivery of any notice of termination required herein, the Contractor shall discontinue all services in connection with the performance of the Agreement and shall proceed to cancel promptly existing reservations for transportation services insofar as such requests are chargeable to the City pursuant to this Agreement. Within ten (10) days after receipt of the notice of termination, the Contractor shall submit a final statement showing in detail the services satisfactorily performed and all other appropriate documentation required herein for payment of services. If there are no funds, however, available for payment of the final invoice, the Contractor hereby releases and discharges the City from any such debt, for the Contractor agrees that the City will not be responsible for the payment for services if the federal funds referenced hereinabove are no longer available for the payment of the same. XI. TERMINATION The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement with or without cause upon ten (10) days' written notice from the City Manager to the Contractor of the City's election to do so. Upon delivery of any notice of termination required herein, the Contractor shall discontinue all services in connection with the performance of the Agreement and shall proceed to cancel promptly existing reservations for transportation services insofar as such requests are chargeable to the City pursuant to this Agreement. Within ten (10) days after receipt of the notice of termination, the Contractor shall submit a final statement showing in detail the services satisfactorily performed and all other appropriate documentation required herein for payment of services. Senior/Disabled Citizen Taxi Program Agreement, Page 7 XII. NOTICE All notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: Contractor Fax: CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax: (281) 420-6586 XIII. TIME OF THE ESSENCE Both the Contractor and the City acknowledge that time is of the essence in this Agreement. XIV. RESPONSE TIME It is expressly understood and agreed by the parties that the response times enumerated herein for performance of the services described herein are essential conditions of this Agreement. It is further understood and agreed that the time allotted between a call for service and the performance of such service are reasonable, taking into consideration all conditions, including, but not limited to, the number of calls or requests for service which the Contractor receives, the weather conditions, and all other usual business conditions prevailing in this locality. If more than twenty percent (20%) of the calls for service made within any thirty (30) day period pursuant to this Agreement are not performed in a timely manner as specified herein or if the Contractor should neglect, fail, or refuse to complete at least eighty percent (80%) of such services in a timely manner during any thirty (30) day period, the City shall have the right, but not the obligation, to terminate this Agreement pursuant to Article XI hereof. Senior/Disabled Citizen Taxi Program Agreement, Page 8 XV. WITHHOLD PAYMENT. The City may temporarily or permanently, at the sole discretion of the City, withhold payment of any compensation allegedly due to the Contractor as may be necessary on account of the following: 1. Services not in strict accordance with the terms of this Agreement; 2. Claims filed or reasonable evidence indicating probable filing of claims, as determined at the sole discretion of the City; 3. Failure of the Contractor to make prompt payments to its subcontractors, if any; 4. Claims filed or reasonable evidence, as determined at the sole discretion of the City, of damage or injury to a third party; 5. The determination of the City at its sole discretion an amount of liquidated damages and administrative charges; 6. Claims filed or reasonable evidence as determined at the sole discretion of the City indicating unremedied damage to property owned by the City; or 7. Other amounts authorized under this Agreement. Should the City elect to withhold any compensation permanently from the Contractor on the basis that the services were not performed in strict compliance with this Agreement, the Contractor within ten (10) days of notification of such decision by the City of Baytown may appeal such decision to the City Manager on the grounds that such decision is without factual basis. At such appeal, the Contractor will have the burden of proof. After the close of the appeal hearing, the City Manager shall render a decision which shall be final and binding on the parties involved. XVI. INDEPENDENT CONTRACTOR It is mutually understood and agreed that nothing in this Agreement is intended or shall be construed as in any way creating or establishing the relationship of partners, co-partners, or joint venturers between the parties hereto, or as constituting the Contractor as an agent, employee or representative of the City for any purposes or in any manner whatsoever. The relationship of the Contractor to the City shall be that of an independent contractor. Senior/Disabled Citizen Taxi Program Agreement, Page 9 XVII. COMPLIANCE WITH RULES AND REGULATIONS The Contractor shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. XVIII. SALE OF INTEREST The Contractor may not sell, transfer or assign all or part interest in its rights or obligations under this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment, nor shall Contractor assign any monies due or to become due to it hereunder without the previous consent of the City Manager. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City; however, the City hereby reserves the right to withhold its consent for any reason or no reason whatsoever. XIX. NON-WAIVER Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. XX. GOVERNING LAW This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. XXI. SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Senior/Disabled Citizen Taxi Program Agreement, Page 10 XXII. VENUE This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. XXIII. NO RIGHT TO ARBITRATION Notwithstanding anything to the contrary contained in this Agreement, the City and the Contractor hereby agree that no claim or dispute between the City and the Contractor arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, the Contractor consents to be joined in the arbitration proceeding if the Contractor's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. XXIV. NO THIRD PARTY BENEFICIARIES This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Contractor and the City only. XXV. INCORPORATED EXHIBITS AND ENTIRE AGREEMENT This Contract includes the following exhibits and such exhibits are attached hereto and made a part hereof for all intents and purposes: Exhibit"A": List of taxicabs which will be used to perform the services pursuant to this Agreement; Exhibit`B": Example of a ride ticket; Exhibit"C": Sample invoice to be used in billing the City for services performed pursuant to this Agreement; Exhibit "D": Ride Detail; Exhibit"E": Certification for Contracts, Grants, Loans and Cooperative Contracts; Exhibit "F": Senior/Disabled Citizen Taxicab Program Guidelines; and Exhibit"G": CDBG Program Requirements. This agreement and the attached exhibits represent the entire agreement between the City and the Contractor and there are no other effective agreements, representations, or warranties Senior/Disibled Citizen Taxi Program Agreement, Page I I between the City and the Contractor that are not contained herein. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. This Agreement shall not be amended or modified without the express written consent of both parties hereto. XXVI. HEADINGS The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. XXVII. AMBIGUITIES In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. XXVIII. AGREEMENT READ The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. XXIX. AUTHORITY The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the day of 1999, the date of execution by the City Manager of the City of Baytown. Company's Name Signature Printed Name Title Senior/Disabled Citizen Taxi Program Agreement, Page 12 CITY OF BAYTOWN: MONTE MERCER, City Manager ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney STATE OF TEXAS § COUNTY OF HARRIS § Before me, the undersigned notary public, on this day personally appeared in his/her capacity as of on behalf of such corporation, known to me; proved to me on the oath of ; or through his/her current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this_day of , 1999. Notary Public in and for the State of Texas My commission expires: c.klh I44\contracts\ScniorCitizcn.TuiProgram022299 Senior/Disabled Citizen Taxi Program Agreement, Page 13 City of Baytown Taxicab Permit Cab No Seat Year Make Model Vehicle 1. D. No. License EXHIBIT A 24 lir CAB COMPANY Service Address Phone Number (s) DATE CAB V0 CALLTUME: �fUVE4: PICK U?TIME: Ohl: TO: CP,ARGE TO: S;G?17E,)- Card No rldc Numr<r: ��fOUNT TAM CO. % No. 7 q EXHIBIT B CAB COMPANY'S NAME Company's Address City,State Zip Invoice Date: Bill To: City of Baytown § Billing Period from: Date CDBG Taxi Program § Through: Date P.O.Box 424 § Baytown Texas 77522 § Number of Rides for Senior Citizens: Number of Rides for Handicapped: Number of Half-Fare Rides: Total Number of Rides: Number of rides within 25 minutes Response Time: Number of rides not within 25 minutes Response Time: Fare charged for rides(Seniors) $ Less any deductions* $ * Please Explain: Invoice Total $ Question or queries about rides should be referred to: City of Baytown, P. O. Box, Baytown,Texas 77522. (281)420-5390. EXHIBIT C u C U N O cr = vF a N a v Y G F � F+ w u c c F E U x U U L � w = U a N G1 ~� L .�i W � A F A N L 'J Vi O w 0 A U u n C EXHIBrr v EXHIBIT "E" CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE CONTRACTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. Executed this day of 1999. By: Signature Typed or Printed Name Title SENIOR/DISABLED CITIZEN TAXICAB PROGRAM GUIDELINES PURPOSE. The Senior/Disabled Citizen Taxicab Program (the "Program") is sponsored by the City of Baytown Community Development Block Grant program. The goal of the Program is to provide non-emergency transportation services within the city limits of Baytown to eligible senior citizens and disabled citizens. PROGRAM DESCRIPTION. Participants of this Program are required to provide proof of eligibility. Participants must apply at the Community Development office and, if eligible, will be issued a Ride Card, a sample of which is attached hereto as Exhibit "A." The Ride Card will allow participants eight (8) half or full-fare one-way trips per month at a reduced cost. A Full-Fare Ride Card affords the eligible participant eight (8) one-way taxicab rides per month at no charge, unless the fare exceeds SIX AND NO/100 DOLLARS ($6.00). A Half-Fare Ride Card affords the eligible participant eight (8) one-way taxicab rides per month at one-half of the standard fare, unless one- half of the fare exceeds THREE AND N0/100 DOLLARS ($3.00). Participants holding a Full- Fare Ride Card will be obligated to pay at the time of the ride all fares in excess SIX AND NO/100 DOLLARS ($6.00), and Participants holding a Half-Fare Ride Card will be obligated to pay at the time of the ride all fares in excess of THREE AND NO/100 DOLLARS ($3.00). When a participant needs taxicab service for non-emergency transit, he or she will call a taxicab company who has contracted with the City of Baytown (the "City") to provide this service. The taxicab company will dispatch a taxicab to pick up the participant. The participant will present his or her Ride Card along with photo identification to the taxicab driver, who will punch the Ride Card, indicating that the participant has used one of the eight (8) one-way trips allowed each month pursuant to the Program. The taxicab driver will transport the participant to his or her destination within the city limits of Baytown. A Ride Ticket, a sample of which is attached hereto as Exhibit "B," will be completed by the taxicab driver and signed, if correct, by the participant at the end of each ride. The taxicab company will then submit the Ride Ticket to the City of Baytown for verification and payment in accordance with the terms and conditions of the Senior/Disabled Citizen Taxicab Program Agreement. The taxicab company shall be solely responsible to collect any amounts due from participants pursuant to this Program at the time of the transport. The City's obligation for each one-way trip shall never exceed SIX AND NO/100 DOLLARS ($6.00) for participants holding a Full-Fare Ride Card and THREE AND N0/100 DOLLARS ($3.00) for participants holding a Half-Fare Ride Card. EXHIBIT F I ELIGIBILITY. To be eligible for participation in the Program, an applicant must: 1. be a resident of the City of Baytown and provide proof thereof, which may include one or more of the following: a. utility bills (water, electricity, gas, or phone) for at least three (3) months indicating that service is provided in the applicant's name; b. rent receipt indicating that applicant resides at the premises for which rent is being paid; and/or C. deed or lease indicating that the applicant owns/resides at the premises; 2. be either: a. 60 years of age or older and provide proof thereof, which may include one or more of the following: 1. State-issued photo Identification Card and/or 2. State-issued Drivers' License; or b. have a disability as certified by the applicant's doctor on the certification form, which is attached hereto as Exhibit`C'; 3. file a completed application, a sample of which is attached hereto as Exhibit "D," and submit such completed application to the City of Baytown's Community Development Office located at 2401 Market Street, Baytown, Texas; and 4. satisfy the following income eligibility requirements: a. Participants' income must not exceed the following income limits, which will be recalculated each year based on HUD's guidelines: 1999 ANNUAL INCOME LIMITS FULL-FARE RIDE CARD HALF-FARE RIDE CARD Single Person $18,950.00 $30,300.00 Couple $21,650.00 $34,600.00 b. To prove the applicant meets the above-referenced income eligibility requirements, the applicant must submit with his/her application all of the following that apply: 1. Social Security Award Letter; 2. Retirement Verification; 3. Veteran's Administration Award Letter; 1) 4. Food Stamp Award Letter; 5. Bank Statements for the past three (3) months; 6. Investment Interest; 7. Verification of Self-Employment; 8. Welfare Verification; 9. Supplemental Social Security Income Award Letter; and 10. Proof of any other source of income. INSTRUCTIONS/INFORMATION FOR PARTICIPANTS. 1. The City of Baytown will contract annually with one or more taxicab companies for the provision of transportation services pursuant to the Program. In order to obtain such services, a participant must call the taxicab company's dispatcher. The telephone numbers of participating taxicab companies shall be listed on the participant's Ride Card and shall be updated as appropriate. 2. Taxicabs shall be available seven (7) days per week, twenty-four (24) hours per day. 3. When contacting the taxicab company to request taxicab service, the participant must identify himself/herself as a participant of the Program. This should assist in keeping response time to a minimum. 4. A participant must take note of both the time the participant initiates a request for service and the time the taxicab arrives at the origination point to perform the services requested by the participant. 5. Once the taxicab has arrived at the origination point to perform the services requested by the participant, the participant shall be obligated to either: a. use the transportation services of the taxicab company or b. pay a $2.00 pick-up fee if the participant decides not to use the transportation services of the taxicab company after initiating the request for service. This $2.00 pick-up fee must be paid in cash by the participant rather than being charged to the Program. 6. Under the Program, a participating taxicab company shall pick up a participant at the origination point designated by the participant within the city limits of Baytown and take the participant to the destination point designated by the participant within the city limits of Baytown; provided, however, that neither the origination or destination point shall be an establishment primarily serving or selling alcoholic beverages (bars/liquor stores). The taxicab companies have been 3 5. Only one (1) Ride Card will be punched by the taxicab driver if all passengers embark and disembark at the same location. Therefore, two (2) to five (5) participants may ride a taxicab for the price of one (1) fare. 6. For participants who embark and/or disembark at different locations, each such participants' Ride Cards shall be punched by the taxicab driver. The taxicab company shall charge such fares in the following manner: a. The first person to disembark is charged the pick up fee plus mileage from the origination point to such person's destination point; b. The second person to disembark is charged for mileage from the first destination point to the second destination point plus the pick up fee; C. The third person is charged for mileage from the second destination point to the third destination point plus the pickup fee. If a passenger who is not a participant of the Program embarks/disembarks at a different destination than a participant, he/she must pay a cash fare. 7. Waiting time shall not be charged to the Program even if a participant asks the taxicab driver to wait. A participant who requests that a taxicab driver wait for him/her is liable and, as such, must pay the taxicab driver the appropriate fare for the waiting time. S. A round trip will be counted as two (2) rides. 9. No person may smoke in a taxicab while the same is occupied by a Program participant. Neither the participant nor the taxicab driver can waive this requirement. 10. Participants must be courteous to the dispatchers of the taxicab companies as well as to the taxicab drivers. Obscene or threatening language directed at a dispatcher or taxicab driver will not be tolerated and may result in the participant's removal from the Program. 11. Participants in the Program shall comply with the rules of the Program. Upon the determination of the Community Development Coordinator that a violation of any provision of the guidelines has occurred, the participant may be removed from the Program. Neither the taxicab company nor any of its employees or subcontractors is authorized to make a determination regarding a participant's noncompliance with the terms and conditions of these guidelines, and therefore, may not refuse service on this basis. If the Community Development Coordinator determines that a participant shall be removed from the Program, the participant shall be notified of such decision in writing, which will be mailed to the address on file at the 5 notified of this restriction and shall not accept a participant's Ride Card under the above-stated circumstances. 7. When the taxicab arrives to pick up a participant, the participant must present the Ride Card and photo identification to the taxicab driver. The taxicab driver will punch one hole in the Ride Card for the appropriate month to indicate that the participant has used the Program to obtain one (1) one-way trip in such month. If a participant's fare exceeds SIX AND NO/100 DOLLARS ($6.00), such participant shall pay that portion of the fare in excess of SIX AND N0/100 DOLLARS ($6.00) at the end of the trip. If a participant has been issued a Half- fare Ride Card, such participant must pay one-half(%) of the fare at the end of the trip plus any remaining amount in excess of THREE AND NO/100 DOLLARS ($3.00). 8. Once the participant has reached the chosen destination point, the participant must check the call-time and pick-up time noted on the Ride Ticket completed by the taxicab driver. If the ticket is correct, the participant shall sign the Ride Ticket. If, however, the Ride Ticket is incorrect, the participant shall note any corrections on the Ride Ticket and initial all corrections made. The Ride Tickets shall be returned to the City of Baytown for verification prior to payment. GENERAL PROGRAM RULES AND RESTRICTIONS. 1. In order for the Ride Card to be valid, the Ride Card must be signed by the participant. 2. Rides cannot be accumulated from one month to the next. Therefore, should a participant fail to use all of the rides allotted to him/her during a month, such unused rides will expire and no longer be valid. 3. The participant must be present and personally utilize the taxicab service for the Ride Card to be accepted by the taxicab driver. Another person(s) may accompany the participant at no additional charge; provided, that the other person(s) and the participant have common origination and destination points. The Ride Card cannot be loaned to any other person(s) even if such other person(s) qualifies for the Program. 4. Replacement Ride Cards may be requested by the participant in order to replace lost or stolen cards. The City of Baytown will issue only two (2) replacement Ride Cards per participant per year. If a replacement Ride Card is issued, the replacement Ride Card will be distributed by mail three (3) working days after the request for replacement has been made and will be issued only for the unused portion of the lost or stolen Ride Card. 4 Community Development Office. Any person wishing to appeal a decision of the Community Development Coordinator, on the grounds that the decision misconstrues or wrongly interprets these guidelines may, within thirty (30) days after the decision, appeal the decision to the City Manager or his or her designee, provided that the participant gives notice of appeal in writing to the City Clerk no less that ten (10) days following the written notice of the decision which the participant is appealing. The decision of the City Manager or his or her designee shall be final and binding on the participant, the taxicab company and the City of Baytown. If the decision of the Community Development Coordinator is not properly appealed, the decision of the Community Development Coordinator shall be final and binding on the same parties. 12. Complaints regarding the Program should be made in writing and sent to the following address: Senior/Disabled Citizen Taxicab Program Community Development Department 2401 Market Street Baytown, Texas 77520. c:klh 144\communitydevelopment\SeniorCitizenTaeiProgram\TaeicabGuideIineS022299 6 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REQUIREMENTS FOR NON PROFIT ORGANIZATIONS I . TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 880-352) and Title 24 Code of Federal Regulations Part 1 . In accordance with the Act, no person in the United States shall , on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the Contractor receives Federal financial assistance . The contractor will immediately take any measures necessary to comply with Title VI . If any real property of structure is thereon provided or improved with the aid of Federal financial assistance, this clause shall obligate the owner, or in the case of any transfer of such property, an transferee, to comply with the requirements and restrictions contained in this clause for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for ahother purpose involving the provision of similar services or benefits . The Contractor will further comply with federal regulation, 24 CFR Part 1, which implement the act . II . EXECUTIVE ORDER 11063 The Contractor shall comply with Executive Order 11063 as amended by Executive Order 12259 and is contained in 24 CFR Part 107 . Contractor will take all action necessary and appropriate to prevent discrimination because of race, color, religion (creed) , sex, or national origin, in the sale, leasing, rental , or other disposition of residential property and related facilities (including land to be developed for residential use) , or in the use or occupancy thereof, if such property and related facilities area, among other things, provided in whole or in part with the aid of loans, advances, grants, or contributions agreed to be made by the Federal Government . III . SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 The Contractor shall comply with Section 109 of the Housing and Community Development Act of 1974 as contained in 24 CFR Part 570 . 602 issued pursuant to Section 109 . No person in the United States shall , on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity EXHIBIT G funded in whole or part with community development funds . "Program activity" is defined as any function conducted by an identifiable administrative unity of the City, or by any unit of government, subrecipient (Contractor) or private contractor receiving community development funds or loans from the County. "Funded in whole or in part with community development funds" means that community development funds in any amount in the form of grants or proceeds from HUD guaranteed loans which have been transferred by the City or subrecipient (Contractor) to an identifiable administrative unit and disbursed in program or activity. Specific discriminatory action prohibited and corrective actions are described in 24 CFR 570 . 602 (b) . Section 109 of the act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S .C.A. 6101 et sea. ) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of The Rehabilitation Act of 1973 (29 U. S .C.A. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to Act . HUD regulations implementing the Age Discrimination Act are contained in 24 CFR Part 146 and the regulations implementing section 5404 are contained in 24 CFR Part 8 . IV. EXECUTIVE ORDER 11246 The Contractor shall comply with Executive Order 11246 , as amended by Executive Order 12066 , and the regulation issued pursuant thereto (41 CFR Chapter 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts . Contractor agrees that contractors and subcontractors on Federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. V. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 The Contractor shall comply with Section 3 of the Housing and Urban Development Act of 1968 , as amended, (12 USC 1701u) . A. The Contractor shall to the greatest extent feasible, give opportunities for training and employment to lower income residents of the City and shall award contracts for work in connection with the Project to business concerns which are located in or owned in substantial part by persons residing in the City. B. The Contractor shall include the phrase in paragraph A in all contracts for work in connection with this project . VI . USE OF DEBARRED SUSPENDED OR INELIGIBLE CONTRACTORS The Contractor shall not use assistance to directly or indirectly employ, award contracts to, or otherwise engage the services of, or fund any contractor or subcontractor during any period of debarment, suspension or placement in ineligibility status under provisions of 24 CFR Part 24 . VII . UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES The Contractor and its agencies or instrumentalities, and subrecipients shall comply with the policies, guidelines, and requirements of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, : OMB Circular No. A-122 , "Cost Principles for NonProfit Organizations, " . The applicable sections of 24 CFR Part 85 and OMB Circular No. A-110 are set forth at 570 . 502 . VIII . CONFLICT OF INTEREST A. No member of or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit direct or indirect which arises from this Contract . B . In accordance with 24 CFR Part 570 . 611, no persons described in the paragraph below who exercise or have exercised any functions with respect to CDBG activities or who are in a position to participate in a decision making process or gain inside information with regard to CDBG activities, may obtain a personal or financial interest or benefit from or have any interest in any contract, subcontract, or agreement or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. C. The requirements of the above paragraph apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, Contractor, and of any designated public agency, or subrecipient under 24 CFR Section 570 . 20 which receives funds under the CDBG grant agreement with HUD. IX. RECORDS FOR AUDIT PURPOSES Without limitation to any other provision of this Agreement the Contractor shall maintain all records concerning the Project which the County reasonable requires for three years from the expiration date of the Agreement unless a longer period is required under Title 24 , Code of Federal Regulation 570 . 510 . The Contractor shall maintain records required by 24 CFR Section 135 . 120 for the period that HUD requires the records to be maintained. The Contractor will give the City, HUD, and the Comptroller General of the United States, the General Accounting Office or any of their authorized representative access to and the right to examine, copy or reproduce all records pertaining to the acquisition and construction of the Project and the operation of the Project . The right to access shall continue as long as the records are required to be maintained. X. DRUG FREE WORKPLACE ACT OF 1988 The Contractor shall comply with the Drug Free Workplace Act of 1988 and certify that it will maintain a drug-free workplace in accordance with the requirements of 24 CFR Part 24 , subpart F. XI . REVERSION OF ASSETS CLAUSE (C24CFR570 . 503 (b) (8) ) Once this agreement expires or is terminated, the subrecipient shall transfer to the City any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds . Any real property acquired in whole or in part with CDBG funds in excess of $25, 000 in value shall be handled in one of the manners described below: (1) Used to meet one national objectives (24CFR570 . 208) until five years after expiration of the agreement ; or (2) Disposed of in a manner that results in the City being reimbursed in the amount of the current market value less any portion of the value attributable to expenditure of non-CDBG funds for acquisition of, or improvement to the property.