College and University Transit Partnership Contracts with Jule Transit FY 2018 Copyrighted
May 1, 2017
City of Dubuque Consent Items # 10.
ITEM TITLE: College and University Transit Partnership Contracts for
Fiscal Year 2018
SUMMARY: City Manager recommending approval of the contract for
College/University Transit partnership with Clarke
University, Loras College and University of Dubuque for the
2017-2018 school year.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
College and University Partnership Contracts-MVM City Manager Memo
Memo
Staff Memo Staff Memo
University of Dubuque Contract Supporting Documentation
Loras College Contract Supporting Documentation
Clarke University Contract Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: College and University Partnership — Contracts for Approval
DATE: April 24, 2017
Transit Manager Candace Eudaley recommends City Council approval of the contract
for College/University Transit partnership with Clarke University, Loras College and
University of Dubuque for the 2017-2018 school year. Each school is responsible for
paying their portion of the total.
The College Partnership provides enrolled students with access to all of the Jule's
daytime routes, in addition to Nightrider and MiniBus services (for those with a
qualifying disability), by swiping their Student ID.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development
Candace Eudaley, Transit Manager
THE CITY OF Dubuque
DUB
E A11-America My
1
Masterpiece on the Mississippi 1111.1
2007•2012•2013
TO: Michael Van Milligen, City Manager
FROM: Candace Eudaley, Transit Manager
RE: College and University Partnership — Contracts for Approval
DATE: April 24, 2017
PURPOSE
To request approval of the contracts for College/University Transit Partnership with Clarke University, Loras
College and University of Dubuque for the 2017-2018 school year.
BACKGROUND
Clarke University, Loras College and University of Dubuque, have partnered with The Jule over the past five
years to fund annual bus access for their students. The partnership originated with the development of the
Nightrider late night weekend bus service and evolved to include access to daytime bus routes.
DISCUSSION
The schools have agreed to continue their support of the service for the 2017-2018 school year. Each school is
responsible for paying their portion of the total and this year, all are receiving private donations to assist with
their contract amount.
The College Partnership provides enrolled students with access to all of the Jule's daytime routes in addition to
Nightrider and MiniBus services (for those with a qualifying disabilty), by swiping their Student ID. Many
students use the Jule to travel to off-campus jobs, internships, and many non-traditional students ride The Jule
to and from their home, off-campus. Ridership for the past five years is detailed below.
Total College Student Ridership by Ye a r
50000
371979 39,080 =:
40000 - - -
30000 22529
20000
10000 6689
0 Wr IRM 'd
Total Rides
FY'I3 'FY14 ■FY15 ■FY16 ■FY17(Projected)
FINANCIAL
The following table shows FY18 adopted amounts based on contract totals from each school.
Loras College $297800
Clarke University $187980
University of Dubuque $357500
Total College Support $841280
RECOMMENDATION/ACTION
It is recommended that the City approve the contracts with the colleges for continuation of the college
partnership for the 2017-2018 school year.
TRANSPORTATION AGREEMENT
BETWEEN
UNIVERSITY OF DUBUQUE
AND
THE CITY OF DUBUQUE, IOWA
This Agreement ("Agreement"), made this 1st day of April, 2017, is by and between City of Dubuque ("City"),
through its Jule Transit System, and University of Dubuque, College ("College").
Whereas, the City is a municipal transit utility, with a principal mailing address of 950 Elm St, Dubuque, Iowa,
52001; and the College is an educational institution with a principal mailing address of 2000 University, Dubuque, Iowa,
52001; and
Whereas, the City provides regular service over established routes during published hours and at published
frequencies; and
Whereas, the City bus service provides a satisfactory means of transporting college students to and from the
College campus to destinations in the community; and
Whereas, use of the City bus service by College students is advantageous to the College in terms of minimizing the
need for the College to construct costly parking facilities; and
Whereas, College students' participation in the College Route Program (CRP) is contingent upon the approval of
fees to pay for it.
Now, therefore, be it resolved that the College wishes to encourage the use of the City bus service by College
students. In exchange for the mutual covenants of the Agreement, it is understood by and between the parties hereinafter
as follows:
SECTION 1. UNLIMITED ACCESS PRIVILEGES FOR STUDENTS.
1
1.1 A current College Student Identification Card (CSIC) shall be valid for transportation seven (7) days a week, during
all scheduled hours, on all City bus routes. A CSIC shall be accepted as proof of pre -paid bus fare when presented by the
students.
Students with disabilities who are unable to utilize the City fixed -route buses will have comparable access to paratransit
services, called the City minibus. Eligibility for this service shall be based upon the criteria established by the American's
with Disabilities Act. Students presenting a current and valid City ADA Minibus ID Card in addition to their CSIC shall not
be charged a fare.
1.2 The College agrees to establish appropriate procedures to assure that one and only one CSIC is distributed to
each student enrolled at the college. If validation becomes an issue, the City and the College will mutually agree to an
alternative to the identification card.
1.3 A CSIC is not transferable and not for resale, and shall be forfeited and confiscated if misused or presented for
transportation by any person other than the person to whom it is issued. If a CSIC is forfeited, it will be returned
immediately to the college. Any person violating these terms or conditions may be subject to disciplinary action or
prosecution by the City and/or the College.
1.4 The City will provide the College with a template file including first name, last name and student ID number. The
College will return the completed template to the City showing active student ID numbers at the beginning of each
semester. The City will load the file to the Jule onboard computers to ensure that only students enrolled for the current
semester receive the benefits of the CRP.
SECTION 2. SERVICES.
2.1 The City shall provide its established and regularly publicized bus service and any additional bus service it may
activate.
2.2 The City shall also operate additional campus -oriented bus service, known as the Nightrider.
2.3 The services provided under this Agreement will be open to all members of the general public at all times on an
equal basis.
SECTION 3. TERM OF AGREEMENT. The term of this Agreement shall be July 1, 2017 through June 30, 2018. The
City may provide the service in successive years subject to mutually agreeable re -negotiation of a contract each year. If
the College desires to continue this program for a subsequent year, the City must receive written notification of this intent
and expected levels of service by January 15, 2018.
SECTION 4. COMPENSATION. For the bus services provided herein the College shall pay to the City $35,500.00
according to the following payment schedule:
1/2 College Share October 1, 2017
1/2 College Share March 1, 2018
$17,750.00
$17,750.00
SECTION 5. RECORDS. The City will keep ridership records of CRP usage and provide ridership reports to the
College at the conclusion of each semester. The College and the City will work cooperatively to obtain and share any
other information deemed necessary by either or both parties.
SECTION 6. ADMINISTRATION.
6.1 The College does not have, and will not exercise any control over the City's operation in connection with providing
bus service. The College will not exercise any control or supervision whatsoever over the drivers of the buses used in
said service. These drivers are City employees and are subject to supervisions and control by the City only. The drivers
are not agents or employees of the College.
6.2 Administration and management of the CRP are the sole responsibility of the City.
6.3 Marketing and promotion of the CRP are the mutual responsibility of the City and the College and both parties will
incur administrative and management costs related to this responsibility. The parties will work cooperatively to develop a
marketing plan to market the CRP. The College will be responsible for marketing the CRP to students and staff except
that the transit manager will approve all CRP marketing materials that contain, or reference, the City trademark, images or
properties.
6.4 The parties will cooperatively establish administrative policies and procedures that will effectively safeguard the
interests of both parties.
SECTION 7. TERMINATION.
7.1 If the College fails to make payment, as outlined in Section 5 above, the College will be in default. The City will
provide the College with thirty (30) days to cure this default by compensating the City fully for the amount that is past due
under the Agreement. If the College fails to cure the default during this thirty (30) day period, the City, in its sole
discretion, may terminate this Agreement on the thirtieth (30th) day. If such termination occurs, the College's CSIC will not
be honored by City on its buses, and the City will have the right to make legal claim for those monies outstanding, plus
actual attorney's fees and costs. In the event of such termination, the City will not be liable to the College for any claimed
damages, personal or property, including any consequential damages, resulting from the loss of bus services under this
Agreement.
7.2 If at any time during the term of this Agreement, either party fails to satisfactorily fulfill any obligations of this
Agreement other than compensation, the party alleging the breach must notify the other party by certified mail, indicating
in specific details the nature and basis of the breach. The party to whom the complaint is addressed will have forty-five
(45) days to cure the alleged breach. If the breach cannot be cured within this time, the non -breaching party may
terminate this Agreement on forty-fifth (45th) day.
7.3 All accounts will be settled on a prorated basis in the event of early termination of this Agreement.
SECTION 8. SEVERABILITY. If any term or provision of this Agreement is found to be void or invalid, such invalidity
will not affect the remaining terms or provisions of this Agreement, which will continue in full force and effect.
SECTION 9. INDEMNIFICATION.
9.1 City agrees to defend, indemnify and hold harmless College, its officers, agents and employees, from any and all
damages or claims whatsoever by reason of City's negligent operation or maintenance of the Jule bus service. College
agrees to promptly give notice of any and all damages or claims against College under this section to permit City and/or
its insurance carrier to investigate and defend the same.
9.2 College agrees to defend, indemnify and hold harmless City, its officers, agents and employees, from any and all
damages or claims whatsoever by reason of College's negligence with respect to the Jule bus service. City agrees to
promptly give notice of any and all damages or claims against City under this section to permit College and/or its
insurance carrier to investigate and defend the same.
SECTION 10. GOVERNING LAW AND VENUE. This Agreement is governed by, construed, and enforced in
accordance with the laws of the State of Iowa. The parties agree, for any claim or judicial proceedings for whatever
reason relating to this Agreement to designate Dubuque County, Iowa as the appropriate venue for the hearing of these
claims or judicial proceedings, to the exclusion of any other judicial district or jurisdiction that may have the right to hear
such dispute.
SECTION 11. PARAGRAPH HEADINGS. The titles to the paragraphs of this Agreement are solely for the convenience
of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this
Agreement.
SECTION 12. MODIFICATION. Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized
representative of each party and attached to the original of this Agreement.
SECTION 13. PARTIES BOUND. This Agreement binds and inures to the benefit of and applies to the respective
successors and assigns of the parties. All references in this Agreement to College or City shall be deemed to refer to and
include successors and assigns of College or City without specific mention of such successors or assigns.
SECTION 14. FORCE MAJEURE. In the event that either party hereto shall be delayed or hindered in or prevented from
the performance of any act required hereunder by reason of strikes, lockouts, walk outs, labor troubles, orders of civil
authorities, unavailability or excessive price of fuel or equipment, significant United States or State of Iowa Department of
Transportation funding reductions, power failure, riots, insurrection, war, terrorist activities, chemical explosions,
hazardous conditions, fire, weather or acts of God, or by reason of any other cause beyond the exclusive and reasonable
control of the party delayed in performing work or doing acts required under the terms of this Agreement, then
performance of such act shall be excused for the period of the delay and the period for the performance of any such act
shall be extended for a period equivalent to the period of such delay.
SECTION 15. ENTIRE AGREEMENT. All prior proposals, understandings, and other agreements, whether oral or
written between the parties that relate to this subject matter are hereby superseded and merged into this Agreement. This
Agreement may not be modified or altered except in writing by an instrument duly executed by authorized officers of both
parties.
SECTION 16. NOTICE.
All notices, demands, or other writings in this Agreement provided to be given or made or sent, or which may be given or
made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing
and deposited in the United States mail, registered and postage prepaid, and addressed as follows:
To City:
Candace Eudaley, Jule Transit Manager
City of Dubuque
950 Elm St
Dubuque, Iowa 52001
To College: University of Dubuque
Attn: Mick Miyamoto
2000 University Ave
Dubuque, Iowa 52001
The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided
may be changed by written notice given by the party as above provided.
In witness whereof, the parties hereto have caused this Agreement to be signed by duly authorized representatives the
day and year aforesaid.
THE CITY OF DUBUQUE UNIVERSITY OF DUBUQUE
II
By: A-64-41)
Mayor oy Buol
Date:
ATTEST:
By:
Ke
0. 0,
in Firnstahl, City Clerk
B
Date:
By:
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/1#4-47#.2-7 zoic
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TRANSPORTATION AGREEMENT
BETWEEN
LORAS COLLEGE
AND
THE CITY OF DUBUQUE, IOWA
This Agreement ("Agreement"), made this 1 st day of April, 2017, is by and
between City of Dubuque ("City"), through its Jule Transit System, and Loras College
("College").
Whereas, the City is a municipal transit utility, with a principal mailing address of
950 EIm St, Dubuque, Iowa, 52001; and the College is an educational institution with a
principal mailing address of 1450 Alta Vista, Dubuque, Iowa, 52001; and
Whereas, the City provides regular service over established routes during
published hours and at published frequencies; and
Whereas, the City bus service provides a satisfactory means of transporting
college students to and from the College campus to destinations in the community; and
Whereas, use of the City bus service by College students is advantageous to the
College in terms of minimizing the need for the College to construct costly parking
facilities; and
Whereas, College students' participation in the College Route Program (CRP) is
contingent upon the approval of fees to pay for it.
Now, therefore, be it resolved that the College wishes to encourage the use of
the City bus service by College students. In exchange for the mutual covenants of the
Agreement, it is understood by and between the parties hereinafter as follows:
SECTION 1. UNLIMITED ACCESS PRIVILEGES EOR STUDENTS.
1.1. A current College Student Identification Card (CSIC) shall be valid for
transportation seven (7) days a week, during all scheduled hours, on all City bus routes.
A CSIC shall be accepted as proof of pre -paid bus fare when presented by the students.
Students with disabilities who are unable to utilize the City fixed -route buses will have
comparable access to paratransit services, called the City minibus. Eligibility for this
service shall be based upon the criteria established by the American's with Disabilities
Act. Students presenting a current and valid City ADA Minibus ID Card in addition to
their CSIC shall not be charged a fare.
1.2 The College agrees to establish appropriate procedures to assure that one and
only one CSIC is distributed to each student enrolled at the college. If validation
becomes an issue, the City and the College will mutually agree to an alternative to the
identification card.
1
1.3 A CSIC is not transferable and not for resale, and shall be forfeited and
confiscated if misused or presented for transportation by any person other than the
person to whom it is issued. If a CSIC is forfeited, .it will be returned immediately to the
college. Any 'person violating these terms or conditions may be subject to disciplinary
action or prosecution by the City and/or the College.
1.4 The City will provide the College with a template file including first name, last
name and student ID number. The College will return the completed template to the City
showing active student ID numbers at the beginning of each semester. The City will
load the file to the Jule onboard computers to ensure that only students enrolled for the
current semester receive the benefits of the CRP.
SECTION 2. SERVICES.
2.1 The City shall provide its established and regularly publicized bus service and
any additional bus service it may activate.
2.2 The City shall also operate additional campus -oriented bus service, known as the
Nightrider.
2.3 The services provided under this Agreement will be open to all members of the
general public at all times on an equal basis.
SECTION 3. TERM OF AGREEMENT. The term of this Agreement shall be July 1,
2017.through June 30, 2018. The City may provide the service in successive years
subject to mutually agreeable re -negotiation of a contract each year. If the College
desires to continue this program for a subsequent year, the City must receive written
notification of this intent and expected levels of service by January 15, 2018.
SECTION 4. COMPENSATION. For the bus services provided herein, the College
shall pay to the City $29,800.00 according to the following payment schedule:
1/4 College. Share
1/4 College Share
1/4 College Share
1/4 College Share
September 1, 2017
December 1, 2017
March 1, 2018
May 1, 2018
$7,450.00
$7,450.00
$7,450.00
$7,450.00
SECTION 5. RECORDS. The City will keep ridership records of CRP usage and
provide ridership reports to the College at the conclusion of each semester. The College
and the City will work cooperatively to obtain and share any other information deemed
necessary by either or both parties.
SECTION 6. ADMINISTRATION.
6.1 The College does not have, and will not exercise any control over the City's
operation in connection with providing bus service. The College will not exercise any
control or supervision whatsoever over the drivers of the buses used in said service.
These drivers are City employees and are subject to supervisions and control by the
City only. The drivers are not agents or employees of the College.
6.2 Administration and management of the CRP are the sole responsibility of the
City.
6.3 Marketing and promotion of the CRP:are the mutual responsibility of the City and
the College and both parties will incur administrative and management costs related to
this responsibility. The parties Will work cooperatively to develop a marketing plan to
market the CRP. The College will be responsible for marketing the CRP to students
except that the transit manager will approve.all CRP marketing materials that contain, 'or
reference, :the 'City trademark, images or properties.
6.4 The parties will cooperatively establish administrative policies and procedures
that will effectively safeguard the interests of both parties.
SECTION 7. TERMINATION.
7.1 If the College fails to make payment, as outlined in Section 4 above, the College
will be in default. The City will provide the. College with thirty (30) days to cure this
default by compensating the City fully for the amount that is past due under the
Agreement. If the College fails to cure the default during this thirty (30) day period, the
City, in its sole discretion, may terminate this Agreement on the thirtieth (30th) day. If
such termination occurs, the College's CSIC will not be honored by City on its buses,
and the City will have the right to make legal claim for those monies outstanding, plus
actual attorney's fees and costs. In the event of such termination, the City will not be
liable to the College for any claimed damages, personal or property, including any
consequential damages, resulting from the loss of bus services under this Agreement.
7.2 If at any time during the term of this Agreement, either party fails to satisfactorily
fulfill any obligations of this Agreement other than compensation, the party alleging the
breach must notify the other party by certified mail, indicating in specific details the
nature and basis of the breach. The party to whom the complaint is addressed will have
forty-five (45) days to cure the alleged breach. If the breach cannot be cured within this
time, the non -breaching party may terminate this Agreement on forty-fifth (45th) day.
7.3 All accounts will be settled on 'a prorated basis in the event of early termination of
this Agreement.
SECTION 8. SEVERABILITY. If any term or provision of this Agreement is found to
be void or invalid, such invalidity willnotaffect the remaining terms or provisions of this
Agreement, which will continue in full force and effect.
SECTION 9. INDEMNIFICATION.
9.1 City agrees to defend, indemnify and hold harmless College, its officers, agents
and employees, from any and all damages or claims whatsoever by reason of City's
negligent operation or maintenance of the Jule bus service. College agrees to promptly
give notice of any and all damages or claims against College under this section to
permit City and/or its insurance carrier to investigate and defend the same.
9.2. College agrees to defend,. indemnify and hold harmless City, its officers, agents
and employees, from any and all damages or claims whatsoever by reason of College's.
negligence with respect to the Jule bus service. City agrees to promptly give .notice of
any, and all damages or claims against City under this section to permit College and/or
its insurance carrier to investigate and defend the same.
SECTION 10, GOVERNING LAW AND VENUE. This Agreement is governed by,
construed, and enforced in accordance with the laws of the State of Iowa. The parties
agree, for any claim or judicial proceedings for whatever reason relating to this
Agreement to designate Dubuque County, Iowa as the appropriate venue for the
hearing of these claims or judicial proceedings, to the exclusion of any other judicial
district or jurisdiction that may have the right to hear such dispute.
SECTION 11. PARAGRAPH HEADINGS. The titles to the paragraphs of this
Agreement are solely for the convenience of the parties and shall not be used to
explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement.
SECTION 12. MODIFICATION. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding
only if evidenced in writing signed by each party or an authorized representative of each
party and attached to the original of this Agreement.
SECTION 13. PARTIES BOUND. This Agreement binds and inures to the benefit of
and applies to the respective successors and assigns of the parties. All references in
this Agreement to College or City shall be deemed to refer to and include successors
and assigns of College or City without specific mention of such successors or assigns.
SECTION 14. FORCE MAJEURE. In the event that either party hereto shall be
delayed or hindered in or prevented from the performance of any act required
hereunder by reason of strikes, lockouts, walk outs, labor troubles, orders of civil
authorities, unavailability or excessive price of fuel or equipment, significant United
States or State of Iowa Department of Transportation funding reductions, power failure,
riots, insurrection, war, terrorist activities, chemical explosions, hazardous conditions,
fire, weather or acts of God, or by reason of any other cause beyond the exclusive and
reasonable control of the party delayed in performing work or doing acts required under
the terms of this Agreement, then performance of such act shall be excused for the
period of the delay and the period for the performance of any such act shall be
extended for a period equivalent to the period of such delay.
SECTION 15. ENTIRE AGREEMENT. All prior proposals, understandings, and other
agreements, whether oral or written between the parties that relate to this subject matter
are hereby superseded and merged into this Agreement. This Agreement may not be
modified or altered except in writing by an instrument duly executed by authorized
officers of both parties.
SECTION 16. NOTICE.
All notices, demands, or other writings in this Agreement provided to be given or made
or sent, or which may be given or made or sent, by either party to the other, shall be
deemed to have been fully given or made or sent when made in writing and deposited in
the United States mail, registered and postage prepaid, and addressed as follows:
To City: Candace Eudaley, Jule Transit Director
City of Dubuque
950 Elm St
Dubuque, Iowa 52001
To College:
Loras College
Attn: Art Sunleaf
1450 Alta Vista
Dubuque, Iowa 52001
The address to which any notice, demand, or other writing may be given or made or
sent to any party as above provided may be changed by written notice given by the
party as above provided.
In witness whereof, the parties hereto have caused this Agreement to be signed by duly
authorized representatives the day and year aforesaid.
THE CITY OF DUBUQUE LORAS COL
By: 17,1
Mayroy Buol
Date:
ATTEST:
Kevin Firnstahl, City Clerk'
B
Michael H. Doyle
Date: 0071 7
WPC
(A niiiyat\
TRANSPORTATION AGREEMENT
BETWEEN
CLARKE UNIVERSITY
AND
THE CITY OF DUBUQUE, IOWA
This Agreement ("Agreement"), made this 1st day of April, 2016, is by and
between City of Dubuque ("City"), through its Jule Transit System, and Clarke University
("College").
Whereas, the City is a municipal transit utility, with a principal mailing address of
950 Elm St, Dubuque, Iowa, 52001; and the College is an educational institution with a
principal mailing address of 1550 Clarke Drive, Dubuque, Iowa, 52001; and
Whereas, the City provides regular service over established routes during
published hours and at published frequencies; and
Whereas, the City bus service provides a satisfactory means of transporting
college students to and from the College campus to destinations in the community; and
Whereas, use of the City bus service by College students is advantageous to the
College in terms of maximizing services. and
Whereas, Clarke University's' participation in the College Route Program (CRP)
is contingent upon the approval of fees to pay for it.
Now, therefore, be it resolved that the College wishes to encourage the use of
the City bus service by College students. In exchange for the mutual covenants of the
Agreement, it is understood by and between the parties hereinafter as follows:
SECTION 1. UNLIMITED ACCESS PRIVILEGES FOR STUDENTS.
1.1 A current College Student Identification Card (CSIC) shall be valid for
transportation seven (7) days a week, during all scheduled hours, on all City bus routes.
A CSIC shall be accepted as proof of pre -paid bus fare when presented by the students.
Students with disabilities who are unable to utilize the City fixed -route buses will have
comparable access to paratransit services, called the City minibus. Eligibility for this
service shall be based upon the criteria established by the American's with Disabilities
Act. Studentspresenting a current and valid City' ADA Minibus ID Card in addition to
their CSIC shall not be charged a fare.
1.2 The College agrees to establish appropriate procedures to assure that one and
only one CSIC is distributed to each student enrolled at the college. If validation
becomes an issue, the City and the College will mutually agree to an alternative to the
identification card.
1
1.3 A CSIC is not transferable and not for resale, and shall be forfeited and
confiscated if misused or presented for transportation by any person other than the
person to whom it is issued. If a CSIC is forfeited, it will be returned immediately to the
college. Any person violating these terms or conditions may be subject to disciplinary
action or prosecution by the City and/or the College.
1.4 The City will provide the College with a template file including first name, last
name and student ID number. The College will return the completed template to the City
showing active student ID numbers at the beginning of each semester. The City will
load the file to the Jule onboard computers to ensure that only students enrolled for the
current semester receive the benefits of the CRP.
SECTION 2. SERVICES.
2.1 The City shall provide its established and regularly publicized bus service and
any additional bus service it may activate.
2.2 The City shall also operate additional campus -oriented bus service, known as the
Nightrider.
2.3 The services provided under this Agreement will be open to all members of the
general public at all times on an equal basis.
SECTION 3. TERM OF AGREEMENT. The term of this Agreement shall be July 1,
2017 through June 30, 2018. The City may provide the service in successive years
subject to mutually agreeable re -negotiation of a contract each year. If the College
desires tocontinue this program for a subsequent year, the City must receive written
notification of this intent and expected levels of service by January 15, 2018.
SECTION 4. COMPENSATION. For the bus services provided herein,
the College shall pay to the City $18,980.00 according to the following payment
schedule:
1/2 College Share October 1, 2017 $9,490.00
1/2 College Share March 1, 2018 $9,490.00
SECTION 5. RECORDS. The City will keep ridership records of CRP usage and
provide ridership reports to the College at the conclusion of each semester. The College
and the City will work cooperatively to obtain and share any other information deemed
necessary by either or both parties.
SECTION 6. ADMINISTRATION.
6.1 The College does not have, and will not exercise any control over the City's
operation in connection with providing bus service. The College will not exercise any
control or supervision whatsoever over the drivers of the buses used in said service,
These drivers are City employees and are subject to supervisions and control by the
City only. The drivers are not agents or employees of the College.
6.2 Administration and management of the CRP are the sole responsibility of the
City.
6.3 Marketing and promotion of the CRP are the mutual responsibility of the City and
the College and both parties will incur administrative and management costs related to
this responsibility. The parties will work cooperatively to develop a marketing plan to
market the CRP. The College will be responsible for marketing the CRP to students
except that the transit manager will approve all CRP marketing materials that contain, or
reference, the City trademark, images or properties.
6.4 The parties will cooperatively establish administrative policies and procedures
that will effectively safeguard the interests of both parties.
SECTION 7. TERMINATION.
7.1 If the College fails to make payment, as outlined in Section 5 above, the College
will be in default. The City will provide the College with thirty (30) days to cure this
default by compensating the City fully for the amount that is past due under the
Agreement. If the College fails to cure the default during this thirty (30) day period, the
City, in its sole discretion, may terminate this Agreement on the thirtieth (30th) day. If
such termination occurs, the College's CSIC and FSRC will not be honored by City on
its buses, and the City will have the right to make legal claim for those monies
outstanding, plus actual attorney's fees and costs. In the event of such termination, the
City will not be liable to the College for any claimed damages, personal or property,
including any consequential damages, resulting from the Toss of bus services under this
Agreement.
7.2 If at any time during the term of this Agreement, either party fails to satisfactorily
fulfill any obligations of this Agreement other than compensation, the party alleging the
breach must notify the other party by certified mail, indicating in specific details the
nature and basis of the breach'. The party to whom the complaint is addressed will have
forty-five (45) days to cure the alleged breach. If the breach cannot be cured within this
time, the non -breaching party may terminate this Agreement on forty-fifth (45th) day.
7.3 All accounts will be settled on a prorated basis in the event of early termination of
this Agreement.
SECTION 8. SEVERABILITY. If any term or provision of this Agreement is found to
be void or invalid, such invalidity will not affect the remaining terms or provisions of this
Agreement, which will continue in full force and effect.
SECTION 9. INDEMNIFICATION.
9.1 City agrees to defend, indemnify and hold harmless College, its officers, agents
and employees, from any and all damages or claims whatsoever by reason of City's
negligent operation or maintenance of the Jule bus service. College agrees to promptly
give notice of any and all damages or claims against College under this section to
permit City and/or its insurance carrier to investigate and defend the same.
9.2 College agrees to defend, indemnify and hold harmless City, its officers, agents
and employees, from any and all damages or claims whatsoever by reason of College's
negligence with respect to the Jule bus service. City agrees to promptly give notice of
any and all damages or claims against City under this section to permit College and/or
its insurance carrier to investigate and defend the same.
SECTION 10. GOVERNING LAW AND VENUE This Agreement is governed by,
construed, and enforced in accordance with the laws of the State of Iowa. The parties
agree, for any claim or judicial proceedings for whatever reason relating to this
Agreement to designate Dubuque County, Iowa as the appropriate venue for the
hearing of these claims or judicial proceedings, to the exclusion of any other judicial
district or jurisdiction that may have the right to hear such dispute.
SECTION 11. PARAGRAPH HEADINGS. The titles to the paragraphs of this
Agreement are solely for the convenience of the parties and shall not be used to
explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement.
SECTION 12. MODIFICATION. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding
only if evidenced in writing signed by each party or an authorized representative of each
party and attached to the original of this Agreement.
SECTION 13. PARTIES BOUND. This Agreement binds and inures to the benefit of
and applies to the respective successors and assigns of the parties. All references in
this Agreement to College or City shall be deemed to refer to and include successors
and assigns of College or City without specific mention of such successors or assigns.
SECTION 14. FORCE MAJEURE. In the event that either party hereto shall be
delayed or hindered in or prevented from the performance of any act required
hereunder by reason of strikes, lockouts, walk outs, labor troubles, orders of civil
authorities, unavailability or excessive price of fuel or equipment, significant United
States or State of Iowa Department of Transportation funding reductions, power failure,
riots, insurrection, war, terrorist activities, chemical explosions, hazardous conditions,
fire, weather or acts of God, or by reason of any other cause beyond the exclusive and
reasonable control of the party delayed in performing work or doing acts required under
the terms of this Agreement, then performance of such act shall be excused for the
period of the delay and the period for the performance of any such act shall be
extended for a period equivalent to the period of such delay.
SECTION 15. ENTIRE AGREEMENT. All prior proposals, understandings, and other
agreements, whether oral or written between the parties that relate to this subject matter
are hereby superseded and merged into this Agreement. This Agreement may not be
modified or altered except in writing by an instrument duly executed by authorized
officers of both parties.
SECTION 16. NOTICE.
All notices, demands, or other writings in this Agreement provided to be given or made
or sent, or which may be given or made or sent, by either party to the other, shall be
deemed to have been fully given or made or sent when made in writing and deposited in
the United States mail, registered and postage prepaid, and addressed as follows:
To City: Candace Eudaiey, Jule Transit Manager
City of Dubuque
950 Elm St
Dubuque, Iowa 52001
To College:
Clarke University
Attn: Kate Zanger
1550 Clarke Drive
Dubuque, Iowa 52001
The address to which any notice, demand, or other writing may be given or made or
sent to any party as above provided may be changed by written notice given by the
party as above provided.
In witness whereof, the parties hereto have caused this Agreement to be signed by duly
authorized representatives the day and year aforesaid.
THE CITY OF BUQUE
By:
Mayor y Buol
Date: -6-1/h //h
ATTEST:
By:
Ke
in Firnstahl, City Clerk
CLARKE UNIVERSITY
By:
tC
V'e e Pile , ofei f r $/iolel?f Life;
Date: If - I — I 1
By: