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Committee of the Whole

Regular Meeting

Geneva, IL · June 24, 2013

AgendaMinutes

Minutes

CITY OF GENEVA COMMITTEE OF THE WHOLE MINUTES June 24, 2013 Present: Mayor Burns, Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Vogelsberg Absent: None Also Present: City Administrator McKittrick, Assistant City Administrator Dawkins, Public Works Director Dan Dinges, Community Development Director Dick Untch. 1. Call to Order Chairperson Simonian called the meeting to order at 7:00 p.m. 2. Consider Consent Agenda Moved by Ald. Marks, seconded by Kilburg. Motion carried unanimously by voice vote. 3. Approve Committee of the Whole Minutes from June 10, 2013and Special Committee of the Whole Minutes from June 17, 2013. Approved on Consent Agenda. 4. Items of Business a. Recommend Resolution Declaring Surplus Property – Public Works Vehicle #86. Moved by Ald. Cummings, seconded by Vogelsberg. Motion carried unanimously by voice vote. b. Recommend Resolution Declaring Surplus Property – Street Sweeper. Moved by Ald. Maladra, seconded by Cummings. Motion carried unanimously by voice vote. c. Recommend Resolution Extending Conditional Site Plan Approval at 2202 Gary Lane (Martin Farm Holdings). Moved by Ald. Kilburg, seconded by Maladra. Motion carried unanimously by voice vote. d. Recommend Resolution Authorizing Execution of Ride in Kane New Freedom/JARC Service Agreement. Moved by Ald. Singer, seconded by Flanagan. Ald. Kilburg expressed his concern with the rates and was hoping that staff was working to address his concerns. Administrator McKittrick explained that Ald. Singer, Sherri Weitl, and she had recently met to discuss possible changes/restrictions to the program to help curb the cost. Changes to the program will be implemented effective September 1, 2013 after notice has been sent to all participants. Ald. Flanagan asked if this information would be shared. Administrator McKittrick replied in the affirmative. Ald. Singer clarified that the council is voting on the structure of the funds for the program to which the City is a sponsor. As a sponsor of the program the City can set its own parameters. Motion carried by unanimous voice vote. 5. New Business Administrator McKittrick indicated that a memorial stone has been placed at the base of one of the Oak trees in front of City Hall in memory of former Mayor William “Burt” Wood. The stone had been in another location previously but was removed when the tree died. Mayor Wood’s sister, Janet Martin and granddaughter, Katherine Wood were in attendance at the meeting. Director Dinges provided an update on the solid waste contract transition. He provided information regarding the toters and the sticker exchange program. 6. Adjournment On a motion by Ald. Vogelsberg, seconded by Singer, the meeting was adjourned by unanimous voice vote at 7:20 p.m.

Agenda

COMMITTEE OF THE WHOLE Monday, June 24, 2013 7:00 p.m. City Hall Council Chambers 109 James Street AGENDA 1. Call to Order 2. Consider Consent Agenda *3. Approve Minutes from June 10, 2013 and June 17, 2013 4. Items of Business a. Recommend Resolution Declaring Surplus Property – Public Works Vehicle #86 b. Recommend Resolution Declaring Surplus Property – Street Sweeper c. Recommend Resolution Extending Conditional Site Plan Approval at 2202 Gary Lane (Martin Farm Holdings). d. Recommend Resolution Authorizing Execution of Ride In Kane New Freedom/JARC Service Agreement. 5. New Business 6. Adjournment COMMITTEE OF THE WHOLE MINUTES JUNE 10, 2013 PRESENT: Mayor Burns, Ald. Brown, Bruno, Cummings, Jr., Flanagan, Kilburg, Marks, Simonian, Singer, Vogelsberg ABSENT: Ald. Maladra ALSO PRESENT: McKittrick, Dawkins, Reeves, Dinges, VanGyseghem, Buffington, Evans, Untch, Nash 1. Call to Order Chairperson Flanagan called the meeting to order at 7:00pm noting that Ald. Maladra was absent. 2. Consider Consent Agenda Moved by Ald. Brown, second by Ald. Cummings, Jr. V/V: 9-0 Motion carried. *3. Approve Special Committee of the Whole Minutes from May 16, 2013 and Regular Committee of the Whole Minutes from May 28, 2013 (approved on Consent Agenda) 4. Items of Business a. Recommend Draft Ordinance Authorizing Issuance of General Obligation Refunding Bonds in the Amount Not-to-Exceed $4,000,000.00. Moved by Ald. Cummings, Jr., second by Ald. Marks Manager Dahl, accompanied by Speer Financial representative Kevin McKenna reviewed the terms of the bond refunding, stating that if the rates are ideal it will take place in August. On a question from Ald. Kilburg, McKittrick provided background on state statute related to publishing the notice of intent. The city secures the best price quote from a newspaper of general circulation in the city. McKittrick also noted that the ordinance would be updated with the newspaper’s name for the June 17th council meeting and that prices were not yet known at the time of the COW meeting. V/V: 9-0 Motion carried. b. Recommend Approval of Request by Fox River Trail Runners for Use of City Right-of-Way and Police Services on July 31, 2013 for Summer Sunset Family Night 5K Run. Moved by Ald. Cummings, Jr., second by Ald. Bruno V/V: 9-0 Motion carried. Committee of the Whole Minutes – June 10, 2013 Page 1 c. Recommend Draft Zoning Ordinance Text Amendments to Allow “Production Brewing” in the I1 Light Industrial District. Moved by Ald. Vogelsberg, second by Ald. Cummings, Jr. Dir. Untch reviewed the plans and Plan Commission findings related to the rezoning of the property at 509 Stevens. Representatives from Penrose Brewery were on hand as well and provided details on what their hours of operation would be and what services would be provided in addition to the brewery. Penrose co- owner Eric Hobbs stated that their concept would not compete with local pubs and bars. Admin. McKittrick noted that a draft liquor license would come before the council soon as none currently existed that covered what Penrose would be providing. Resident and business owner Michael Oleson stated that he was in full support of the business locating in Geneva and wished them well. V/V: 9-0 Motion carried. d. Recommend Draft Ordinance Allowing a Special Use to Allow “Production Brewing” Including Tasting Room, at 509 Stevens Street in the I1 Light Industrial District. Moved by Ald. Bruno, second by Ald. Cummings, Jr. V/V: 9-0 Motion carried. e. Recommend Draft Resolution Authorizing Execution of Intergovernmental Agreement with Kane County for Animal Control Services. Moved by Ald. Marks, second by Ald. Kilburg Commander Nash answered questions on the terms of the new agreement, stating that the costs would decrease from the previous contract. McKittrick also stated that Metro West Council of Government assisted in negotiating the new agreement. V/V: 8-0 Motion carried. (Vogelsberg recused herself from discussion because she was a county employee). f. Recommend Draft Resolution Authorizing Execution of Labor and Material Contract with Muscat Painting in the Amount of $36,255.25 for 2013-14 Traffic Signal and Street Light Painting Project. Moved by Ald. Marks, second by Ald. Cummings, Jr. V/V: 9-0 Motion carried. g. Recommend Purchase of Polydyne Polymer for Wastewater Treatment Plant in an Amount Not- to-Exceed $50,000.00. Moved by Ald. Brown, second by Ald. Bruno Supt. VanGyseghem reviewed the item and the related items. On a question from Ald. Kilburg, VanGyseghem stated that the meters have a 20-year life-span although they have only been on the market for two years. The City has sought references on the meters and they were favorable. VanGyseghem also stated that this current purchase would cover approximately 10% of current customers. On a question from Ald. Kilburg, VanGyseghem stated the city would not be tied to purchasing Committee of the Whole Minutes – June 10, 2013 Page 2 on the meter made by the particular reading system and stated there were at least five different meter types that were compatible with the reading system. V/V: 9-0 Motion carried. h. Recommend Draft Resolution Authorizing Staff to Purchase IPerl Water Meter from Sensus at a Cost of $109 Per Meter and at a Not-To-Exceed Amount of $76,300.00. Moved by Ald. Cummings, Jr., second by Ald. Vogelsberg V/V: 9-0 Motion carried. i. Recommend Purchase of ITron 100W ERT Meter Reading System at a Cost Not-To-Exceed $64,000.00. Moved by Ald. Brown, second by Ald. Kilburg V/V: 9-0 Motion carried. 5. New Business Ald. Kilburg thanked all who attended the recent GO Day at RiverPark. 6. Upcoming Meetings: City Council: June 17, 2013 Committee of the Whole: June 24, 2013 7. Adjournment On a motion by Ald. Bruno, second by Ald. Cummings, Jr., the meeting was adjourned by unanimous voice vote at 7:46pm. Committee of the Whole Minutes – June 10, 2013 Page 3 SPECIAL COMMITTEE OF THE WHOLE MINUTES JUNE 17, 2013 PRESENT: Mayor Burns, Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer ABSENT: Ald. Vogelsberg Also Present: McKittrick, Dawkins, Dinges, Evans, Einwich, Schiber, Radovich 1. Call to Order The meeting was called to order at 7:00pm with Mayor Burns presiding. Burns noted that Ald. Vogelsberg was absent. 2. Items of Business a. Recommend Approval of Request by Geneva Green Market to Use 6th Street Parkway for 2-3 Vendor Booths During Weekly Market at 617 W. State on Thursdays Beginning June 27, 2013 Through October 2013. Moved by Ald. Flanagan, second by Ald. Cummings, Jr. V/V: 9-0 Motion carried. b. Recommend Resolution No. 2013-68 Awarding Bid and Contract for 2013 Street Improvement Program to Geneva Construction Company in the Amount of $2,649,722.50. Moved by Ald. Marks, second by Ald. Maladra V/V: 9-0 Motion carried. 3. New Business 4. Adjournment Motion by Ald. Marks, second by Ald. Bruno. Adjourned at 7:10pm. AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Declaring Public Works Pickup Truck #86 as Surplus Presenter & Title: Chris Bong, Superintendent of Streets Date: July 1, 2013 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: none Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: This is a housekeeping item to declare surplus public works pickup truck #86 (1997, F- 150). This truck will be placed on the State’s I-Bid auction system. The vehicle was used primarily for downtown streetscape work. The truck has some mechanical problems and is beyond our 10 year rule-of-thumb for service life. It is our intention to replace this vehicle with a work van as part of the approved 2014 budget. Attachments: (please list) • Resolution Recommendation / Suggested Action: (briefly explain) Respectfully recommend that public works pickup truck #86 be declared surplus. RESOLUTION NO. 2013-73 RESOLUTION AUTHORIZING EXECUTION OF Declaring Public Works Pickup Truck #86 as Surplus BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Geneva, Declaring Public Works Pickup Truck #86 as Surplus , in the form attached hereto at Exhibit “A”. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 1st day of July , 2013 AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this 1st day of July , 2013. Mayor ATTEST: City Clerk AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Declaring Public Works Street Sweeper as Surplus Presenter & Title: Chris Bong, Superintendent of Streets Date: July 1, 2013 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: none Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: This is a housekeeping item to declare as surplus the public works street sweeper. The sweeper will be placed on the State’s I-Bid auction system. The street sweeping work has been contracted out, so we no longer have the need to keep a sweeper in-house. In addition, the sweeper has had many mechanical problems and is a year 2002 vehicle, so it’s beyond our 10 year rule-of-thumb for service life. We recently sent the sweeper in for a maintenance checkup, and to get it back to good working order would cost $24,000. The estimated “as-is” value of the sweeper is $10,000. Attachments: (please list) • Resolution Recommendation / Suggested Action: (briefly explain) Respectfully recommend that the public works street sweeper be declared surplus. RESOLUTION NO. 2013- RESOLUTION AUTHORIZING EXECUTION OF Declaring Public Works Street Sweeper as Surplus BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Geneva, Declaring Public Works Street Sweeper as Surplus , in the form attached hereto at Exhibit “A”. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 1st day of July , 2013 AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this 1st day of July , 2013. Mayor ATTEST: City Clerk AGENDA ITEM EXECUTIVE SUMMARY Consideration of a third one-year extension to the Site Plan Approval granted by Resolution 2010-65 – Request to extend the conditional site plan approval Agenda Item: granted by Resolution 2010-65 and extended by Resolutions 2011-32 & 2012-39 to July 6, 2014, related to building and parking lot expansions for property located at 2202 Gary Lane. Dick Untch, Community Development Director Presenter & Title: David DeGroot, City Planner Date: June 24, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: $0 Budgeted? NO Executive Summary: On July 6, 2010 the City Council approved Resolution 2010-65 granting conditional site plan approval of building and parking lot expansions for property located at 2202 Gary Lane. The plans would add 1,500 square feet of office area and 2,500 square feet of warehouse area to the existing building. The plans would also add 9 light industrial rental spaces to the back of the building, each with an area of 2,200 square feet. A total of 48 additional parking spaces would be added and the existing gravel surface and outside storage area would be removed. The Geneva Zoning Ordinance allows Site Plan approvals to be effective for one year. The original Site Plan Approval would have expired on July 6, 2011 but the owner has twice been granted a one-year extension by the City Council. The owner has requested a third extension since the Site Plan Approval will now expire on July 6, 2013 and construction has not commenced nor has a building permit been issued for the approved project. The applicant has requested to extend the deadline by another year until July 6, 2014. Attachments: (please list) Resolution 2013-72 Recommendation / Suggested Action: (briefly explain) Department staff is supportive of the request to extend the Site Plan approval granted by Resolution 2010-65 and extended by Resolutions 2011-32 & 2012-39 for building and parking lot expansions at 2202 Gary Lane, as presented in the attached resolution. Staff will be present at the Committee of the Whole meeting to answer any questions you may have. RESOLUTION 2013-72 A RESOLUTION TO EXTEND THE CONDITIONAL SITE PLAN APPROVAL GRANTED BY RESOLUTION 2010-65 TO JULY 6, 2014, RELATED TO BUILDING AND PARKIG LOT EXPANSIONS FOR PROPERTY LOCATED IN THE I1 LIGHT INDUSTRIAL DISTRICT - 2202 GARY LANE (MARTIN FARM HOLDINGS) - WHEREAS, the City Council of the City of Geneva approved Resolution 2010-65 on July 6, 2010; and WHEREAS, Resolution 2010-65 granted conditional site plan approval for building and parking lot expansions for property located at 2202 Gary Lane (subject property); and WHEREAS, pursuant to Section 11-14A-13 of the Geneva City Code (Zoning Ordinance), site plan approval automatically lapses one year after its approval if a building permit has not been issued and construction has not commenced; and WHEREAS, on April 12, 2011 the owner of the subject property requested a one year extension of the term of site plan approval; and WHEREAS, the City Council of the City of Geneva approved Resolution 2011-32 on May 2, 2011; and WHEREAS, Resolution 2011-32 extended the site plan approval granted by Resolution 2010-65 for a period of one year to July 6, 2012; and WHEREAS, On April 5, 2012 the owner of the subject property requested a second one year extension of the site plan approval; and WHEREAS, the City Council of the City of Geneva approved Resolution 2012-39 on May 7, 2012; and WHEREAS, Resolution 2012-39 extended the site plan approval granted by Resolution 2010-65 and extended by Resolution 2011-32 for a period of one year to July 6, 2013; and WHEREAS, On June 10, 2013 the owner of the subject property requested a third one year extension of the site plan approval; and WHEREAS, pursuant to Section 11-14A-13 of the Geneva City Code (Zoning Ordinance), the City Council may extend the term of site plan approval; and NOW THEREFORE BE IT ORDAINED by the City Council of the City of Geneva, Kane County, Illinois, as follows: SECTION 1: That no building permit has been issued for the approved project nor has construction commenced for the property located at 2202 Gary Lane. The City Council grants a second extension of the site plan approval, for a period of one year to July 6, 2014. All plans and specifications as listed in Resolution 2010-65 shall remain in full force and effect during this extension period. SECTION 2: That this Resolution shall take effect immediately upon its passage and shall be published by the City Clerk in pamphlet form. SECTION 3: EFFECTIVE DATE That this Ordinance shall become effective from and after its passage and approval in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____day of _________, 2013. AYES: NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: ____ APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this _____ day of __________, 2013. Mayor ATTEST: City Clerk AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Ride In Kane Agreement Presenter & Title: Mary L. McKittrick, City Administrator Date: June 20, 2013 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - X YES Estimated Cost: $35,000 for FY 2013-14 Budgeted? NO If NO, please explain how the item will be funded: The Ride in Kane (RIK) transportation program agreement is for May 2013 – June 2014. The City’s commitment would only be through April 2014, subject to approval of the FY2014-15 budget. The City Council approved allocations of $35,000 in the FY2013-14 GF Budget to cover anticipated RIK transportation costs. This program is authorized and funded by the RTA/PACE (in conjunction with federal funds) on an annual basis. Executive Summary: The Ride in Kane Program was implemented in February 2008 and provides community access for senior citizens 65 years or older and persons with disabilities. Ride in Kane replaced the St. Charles/Geneva Dial a Ride program which was limited to day time service and rides only within St. Charles and Geneva. Under the Ride in Kane Program, riders have the opportunity to access locations anywhere in the County and are also able to obtain door-to-door transportation service in the evenings and on weekends. Through a centralized call center, Ride in Kane dispatches taxis, Pace lift-equipped buses, and other service providers’ vehicles for demand-response, curb-to-curb transportation. This Program was made possible by federal grants from the New Freedom Initiative (NFI) and Job Access Reverse Commute (JARC) awarded from the Regional Transportation Authority (RTA), as well as contributions from participating agencies. The fare for the service is $3.00 per ride for rides up to ten miles and $1.50 per mile for each mile over ten miles. Several government and human services organizations have created a partnership and collectively committed $1.3 million to meet the local match requirements of the JARC/NFI grant programs. Partners include: Aurora Township, City of Elgin, Elgin Township, Association for Individual Development, Senior Services Association, Dundee Township, City of Geneva, City of St. Charles, St. Charles Township, City of Batavia, Batavia Township, Village of Gilberts, INC Board, Marklund, Village of South Elgin, Blackberry Township, Campton Township, Village of Campton Hills, Kaneville Township, Two Rivers Head Start, and Hesed House. City Hall staff accepts registrations and we currently have approximately forty (40) Geneva residents who participate in the Program. Attachments: (please list)  Resolution  Ride In Kane Agreement Recommendation / Suggested Action: (briefly explain) Approve the Resolution to authorize the City Administrator to execute the Ride in Kane Program Agreement as presented, effective May 2013 through June 2014, subject to FY2014-15 budget approval. RESOLUTION NO. 2013-71 RESOLUTION AUTHORIZING EXECUTION OF RIDE IN KANE NEW FREEDOM/JARC SERVICE AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Administrator is hereby authorized to execute, on behalf of the City of Geneva, the RIDE IN KANE NEW FREEDOM/JARC SERVICE AGREEMENT in the form attached hereto as Exhibit “A”. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 1st day of July, 2013. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this 1st day of July 2013. Mayor ATTEST: City Clerk RIDE IN KANE NEW FREEDOM/JARC SERVICE AGREEMENT Phase 5,6,7 and 8 Projected Service dates: May 2013 through June 2014 (Phase 5 through Phase 8 grant cycle) THIS AGREEMENT is made this 1st day of July, 2013, by and in between the Association for Individual Development (hereinafter referred to as “AID”) and the City of Geneva Illinois referred to as “the City”. "WHEREAS, the Regional Transportation Authority, as designated recipient of federal New Freedom and JARC funds has agreed to allow AID, as grantee, to apply for certain federal funds for the Ride in Kane Program, in accordance with the New Freedom and JARC Program; the Technical Services Agreement between RTA and AID; and the application made to RTA by AID;" WHEREAS, Ride in Kane Sponsors are Aurora Township, City of Elgin, Elgin Township, Association for Individual Development, Senior Services Association, Dundee Township, City of Geneva, City of St. Charles, St. Charles Township, City of Batavia, Batavia Township, Village of Gilberts, INC Board, Marklund, Village of South Elgin, Blackberry Township, Campton Township, Village of Campton Hills, Kaneville Township, Two Rivers Head Start, and Hesed House (collectively referred to as “Ride in Kane Sponsors”). WHEREAS, Ride in Kane Sponsors requested and AID has agreed to make application to the Federal Transit Administration for a Federal Fiscal Year 2012-2013 New Freedom Grant and a Federal Fiscal Year 2012-2013 JARC grants in the amount of $1.4 million each year which will fund the federal portion of Ride in Kane Service; WHEREAS, under the New Freedom and JARC the federal share of eligible capital/mobility management and planning costs may not exceed 80 percent of the net cost of the project and the federal share of the eligible operating costs may not exceed 50 percent of the net operating costs of the project; WHEREAS, Ride in Kane Sponsors agree to fund the local share/non federal portion of the New Freedom and JARC grants in the amount of $1.4. WHEREAS, the City agrees to satisfy a portion of the local share of the eligible mobility management costs of the project for its registered riders and a portion of the local share for the eligible operating costs of the project at no less than 50 percent of the net cost for its registered riders by committing funds in the amount of $35,000 for Fiscal Year 2013-2014. WHEREAS, AID as Grantee of New Freedom and JARC Funding has agreed to enter into an Agreement with PACE in order for PACE to provide the services more specifically set forth herein; WHEREAS, the Ride in Kane Sponsors agree to comply and cooperate with all applicable provisions of the New Freedom and JARC Program Guidance and Application Instructions as set forth in Federal Transit Administration Circular C 9045.1 and Circular C 9050.1 which is incorporated by reference and made a part of this Agreement as though fully set forth thereto; NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows: 1. Description of Service: The Ride in Kane services are described in Exhibit A attached hereto and made a part hereof. PACE shall be responsible for providing all transportation services in connection with the Ride in Kane Program. 2. Service Parameters: The City agrees to ensure that the service parameters for their eligible riders in Ride in Kane shall be in compliance with the goals and objectives of the New Freedom and JARC grants and FTA C 9045.1 and FTA C 9050.1 which is incorporated by reference and made a part of this Agreement as though fully set forth herein. Any change in the service parameters must be in compliance with the FTA New Freedom and JARC regulations. In addition, the City agrees to comply and cooperate with all applicable provisions of the New Freedom and JARC Program Federal Transit Administration (FTA) Statutory References 49 U.S.C. Section 5317 and 49 U.S.C. Section 5316 that is incorporated by reference and made a part of this Agreement as though fully set forth herein. 3. Term: This Agreement shall remain in effect for as long as there are sufficient funds to support the service unless either party terminates the agreement pursuant to paragraph 7. 4. Billing: Pace shall bill monthly, the City a portion of the local share of the eligible mobility management costs of the project for its registered riders and a portion of the local share for the eligible operating costs of the project at no less than 50 percent of the net cost for its registered riders; the City agrees to make payment to Pace due within thirty days of receipt of billing. Payment shall be sent to: Pace Suburban Bus Services 550 W. Algonquin Road Arlington Heights, IL 60005 Attn: Accounting Department 5. Reporting: The City agrees to provide AID a copy of the monthly invoice for services received from Pace along with a copy of proof of payment. 6. Service Provision: Neither Pace nor AID shall be responsible for any failure to provide the Service due to circumstances beyond the control of Pace. It shall be the sole responsibility of Pace to make every reasonable effort to restore Service as soon as practical under the circumstances. Pace shall have the right to make minor revisions to the Service during the term of this Agreement upon written notification to and concurrence by AID. AID shall not be held responsible for any failure of PACE to provide service due to circumstances beyond the control of AID. 7. Termination: Either party may terminate this agreement with forty-five (45) days written notice. However, outstanding payments due and owing shall survive termination of the agreement. 8. Complete Agreement: This Agreement constitutes the entire agreement between the parties hereto. Any proposed change to this Agreement shall be submitted to AID for its prior approval. No modification, addition or deletion to this Agreement shall be effective unless and until such changes are reduced to writing and executed by the authorized officers of each party. 9. Notices: All notices due to the other party shall be delivered as follows unless and until otherwise directed If to: Association for Individual Development: If to Association for Individual Development City of Geneva 309 West New Indian Trail Court 22 S. First Street Aurora, IL 60506-2494 Geneva, IL 60134 Attn: Lynn O’Shea, President Attn. City Administrator 10. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Illinois. 11. The parties agree that the preamble and whereas clauses are terms of this Agreement as though fully set forth hereunder. 12. This Agreement has been duly authorized by the proper authorities of AID and the City. 13. Compliance with Policies and Procedures. The City hereby agrees to adhere to all Ride in Kane Program policies and procedures as determined by AID, PACE, and the Regional Transportation Authority (the "RTA"). 14. Miscellaneous. A. The City acknowledges that it if makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the United States or to the State of Illinois in connection with the Ride in Kane Program, they reserve the right to impose on the Sponsor the penalties of 18 USC 1001, 49 USC 5307, 31 USC 3801, and 49 CFR 31, as they may deem appropriate. B. The City acknowledges that federal and state governmental requirements may change and the changed requirements will apply to the Project as required. The City acknowledges that a reference to a specific law in this Agreement is considered to be a reference to 1) such law as it may be amended, modified, or supplemented from time to time, 2) all regulations and rules pertaining to or promulgated pursuant to such law, 3) the successor to the law resulting from recodification or similar reorganizing of laws and 4) all future laws pertaining to the same or similar subject matter. IN WITNESS WHEREOF: the parties hereto have caused the Agreement to be made effective as the date set forth above and executed by their duly authorized officials. ASSOCIATION FOR CITY OF GENEVA, ILLINOIS INDIVIDUAL DEVELOPMENT By: By: Lynn O’Shea, President Mary McKittrick, City Administrator Date: Date: Exhibit A – Ride in Kane TRANSPORTATION SERVICES ASSOCIATION FOR INDIVIDUAL DEVELOPMENT TYPE OF SERVICE: Demand Response service. Service levels will not exceed limits dictated by funding levels stipulated in this agreement. SERVICE OPERATED BY: Contractors including: Private Paratransit providers, Other Qualified Providers of Transportation services. MOBILITY MANAGEMENT: Private Contractor will provide a mobility management service. This includes operations of a central call center for service access by consumers, data management and trip management. Mobility management may include passenger assessments for the purpose of travel planning and passenger training. TRIP RESERVATION METHOD: Reservations shall be accepted at the Pace central call center a maximum of seven (7) days in advance of the day service for an eligible trip request or as directed by Pace. Trips, which previously were provided as subscriptions, will continue to be provided as subscriptions, as defined and approved by Pace. Trips requested with less than one (1) day but more than four (4) hours advance notice from the desired pick up time may be honored to the extent that the request can be accommodated within the framework of the day’s schedule. Trip requests having over one (1) day notice from the desired pick up time shall be accommodated. SERVICE MODE: A transit vehicle, a paratransit bus, will be deployed that is identified to be the most cost effective, efficient and appropriate to provide service. SERVICE AREA: Trips shall be provided within Kane County as authorized by the AID. SERVICE HOURS: Twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. FARE STRUCTURE: $ 3.00 per one-way trip up to ten (10) miles; $ 1.50 per 1 mile thereafter; Airport fares at the established discount fare, or as determined by the Sponsors. RIDER ELIGIBILITY: The Sponsor shall be responsible for determining and retaining records of rider eligibility in accordance with JARC and NEW FREEDOM funding eligibility requirements and provide the information on eligible riders to AID upon request. Exhibit B – Ride in Kane REPORT(S) DESCRIPTION The following is a list and brief description of each category of reports which have been designed and are being produced to generate data for the Ride in Kane project. 1. Detailed Funding Source (Sponsor) Report The intent of this report is to produce a detailed listing of one-way trips delivered for each Ride in Kane funding sources (sponsor) for a user specified period of time. The normal report period would be monthly, but the report is intended to have the flexibility to produce data for shorter or longer periods as specified by the user. The report is intended to match the design and content, as closely as possible, of the Detailed Provider Report. Data provided for each trip will include associated trip data such as rider name, scheduled pick-up time, actual pick-up time, point of origin address, destination address, funding sources (sponsors), total cost of the trip, fare for the trip, distance of the trip, revenue hours (if applicable). The exact content of the report in its final form may vary depending on the feasibility of including the large amount of data specified in one report. It is possible that the report may be broken into one or more additional reports to make the data more manageable for the user. Plans call for the report to be sorted by provider, funding source, rider, and fare type. 2. Monthly Source (Sponsor) Invoice Report The intent of this report is to produce one or more summary reports of trips delivered for each funding sources (sponsor) for the purposes of generating an invoice type report which may be used to bill funding sources for transportation provided. The normal report period would be monthly, but the report is intended to have the flexibility to produce data for shorter or longer periods specified by the user. Data provided for each trip will include associated trip data necessary to provide an accounting of the amount owed by each funding source for the specified period, such as the number of one-way trips by Fare Type, total cost of the trips, total expected fare, liquidated damages deducted, the total net reimbursement. The exact content of the port in its final form may vary depending on Pace and provider needs. The report may be broken into one or more additional reports if that design is more useful. Plans call for the report to be sorted by provider, funding source, fare type, and rider. 3. Missed Trip Report The Missed Trip Report is intended to produce a list of all trips picked up 61 or more minutes after the scheduled time; the Ride in Kane service guideline defining a missed trip. Sufficient detail will be provided to identify the trip within Trapeze and to give the report user the necessary information for review. 4. On-Time Performance Report The On-Time Performance Report (late pickups) is intended to produce a list of all trips picked up 16 or more minutes late, the Ride in Kane service guideline defining a late trip. Sufficient detail will be provided to identify the trip within Trapeze and to give the report user the necessary information for review. 5. Other Reports In addition to the reports described above, reports currently generated can also be made available. Reports currently available include: Ridership by Category Report – A summary report by funding source indicating trips by fare type, late trips, missed trips, revenue hours, denials, and miles. Client Trip List Report - A detailed listing alphabetically by rider last name of all trips provided during the specified period. Data included for each trip is rider name, pick-up address, drop-off address, fare type, and funding sources. Customer Feedback Report – A summary of issues reported by consumers including sponsor, provider, issue, status. Ride in Kane Comparison - A summary comparing prior two years data including trip count, registrations, gross cost per trip average, sponsor cost per trip average, trip mileage, and ADA trips. Future Needs – Additionally reports may be designed as needed by Pace, Ride in Kane Sponsors, and with the input of the Kane County Paratransit Coordinating Council.