28E Agreement_East Dubuque Bus Service AgreementDubuque
THE CITY OF
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: East Dubuque, Illinois Bus Service Agreement
DATE: April 16, 2009
Transit Manager Jon Rodocker recommends City Council approval of an
Intergovernmental Agreement between the City of East Dubuque, Illinois and the City of
Dubuque, Iowa, to provide demand response service (mini-bus) beyond the City limits
of Dubuque, Iowa, to include the City limits of East Dubuque, Illinois. The City of
Dubuque Keyline Transit will receive $40,000 in Federal funding for operating the East
Dubuque Service and Capital replacement.
concur with the recommendation and respectfully request Mayor and City Council
approval.
Micha I C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jon Rodocker, Transit Manager
Dave Heiar, Economic Development Director
THE CITY OF Dubuque
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Maste iece on the Mississi i n
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Zoos
April 15, 2009
TO: Michael C. Van Milligen, City Manager
FROM: Jon Rodocker, Transit Manager
SUBJECT: East Dubuque, Illinois, Bus Service Agreement
INTRODUCTION
This memo addresses the Bus Service Agreement between the City of Dubuque and
East Dubuque, Illinois.
BACKGROUND
The City of Dubuque, Keyline Transit has provided demand response service
(mini-bus), under contract, to the City of East Dubuque, Illinois since 2002. Keyline
operates two revenue vehicles supplied by East Dubuque to supply demand response
service for East Dubuque citizen within the East Dubuque urban area. The service
offers transportation within the urbanized area of East Dubuque and to Dubuque, IA,
during Keyline's standard operating schedule.
Funding for the service has come from the City of East Dubuque by means of grants
from the Federal Transportation Administration and the Illinois Department of
Transportation.
DISCUSSION
The City of East Dubuque, the Federal Transportation Administration (FTA) of Region 5
and the Federal Transportation Administration (FTA) of Region 7 are requesting the City
of Dubuque, Keyline Transit, assume responsibility of the Federal operating funds for
East Dubuque's public transportation needs (East Dubuque receives $40,000 in
operating funds from FTA Region 5). Furthermore, East Dubuque and the FTA are
requesting the City of Dubuque, Keyline Transit, to expand the operating boundaries
beyond the City limits of Dubuque, Iowa, to include the City limits of East Dubuque
Illinois.
The City of Dubuque, Keyline Transit, would use the $40,000 in Federal funding for
operating the East Dubuque service and Capital replacement.
Upon approval from the Council, the Agreement would need to be approved by East
Dubuque.
The Legal Department developed the enclosed Agreement between the City of
Dubuque, Iowa and the City of East Dubuque, Illinois.
RECOMMENDATION
I recommend that the attached Agreement be sent to the City Council for their
Consideration and approval.
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF EAST DUBUQUE, ILLINOIS
AND
THE CITY OF DUBUQUE, IOWA
THIS AGREEMENT, dated for reference purposes the day of
2009, is made and entered into by and between the City of East
Dubuque, Illinois, an Illinois municipal corporation ("East Dubuque") and the City of
Dubuque, Iowa ("Dubuque"), an Iowa municipal corporation.
WHEREAS, Dubuque has been and presently operates public bus transit service
within the City of East Dubuque; and
WHEREAS, it is deemed to be in the best interest of East Dubuque and
Dubuque to operate a public bus transit service within the Dubuque and East Dubuque
urban area, in order to better serve the transportation needs of the general public.
WHEREAS, the parties recognize that the expenses incurred by Dubuque as a
result of providing such transit service to the City of East Dubuque may exceed
revenues derived therefrom.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
East Dubuque and Dubuque agree as follows:
SECTION 1. TERM OF AGREEMENT. This Agreement shall be in effect for the
period beginning , 2009 through ,
~9A~22010.---a~}d-rer~ev~afi~reafte~-es,~ro .
SECTION 2. SCOPE OF SERVICE. Subject to the provision of Section 4 of this
Agreement, Dubuque agrees to provide public bus transportation s-y~ter~a within East
Dubuque and between the Cities of East Dubuque, Illinois and Dubuque, Iowa, on a
schedule agreed to by both parties-_The initial schedule will be agreed upon in
conjunction with the execution of this agreement and will be reviewed as needed at the
request of either party. Promptly after the execution of this agreement by both parties
The City of East Dubuque shall petition the Federal Transit Administration (FTA) Re ion
5 to release all funds .allocated to East Dubuque to FTA Region 7 for distribution to the
City of Dubuque for transit activities unless other wise agreed to by both parties
designated for transit activities, unless otherwise agreed to by both parties
SECTION 3. FARES.
3.1. Dubuque shall in its discretion determine the fare schedule.
3.2. Dubuque shall use fare boxes to determine revenue collected in East Dubuque.
3.3. Fare changes shall be in accordance with all applicable state and federal
regulations.
SECTION 4. TRAFFIC CHANGES.
4.1. Dubuque agrees that it will not change schedules or bus routes during the
ee-bsequent-yea-~-ter-ms---without the written approval of East Dubuque, unless such
changes are required to implement federal or state grant agreements.
4.2. East Dubuque agrees that it will not change any schedules or bus routes w#i~
#er---##e---st~bsequeet---year~ter~~--without the prior written approval of Dubuque, unless
such changes are required to implement federal or state grant agreements.
4.3. Under no circumstances shall Dubuque be obligated to provide bus transit
service to East Dubuque during any period when Dubuque is not providing bus transit
service in the City of Dubuque.
SECTION 5. RECORDS.
5.1. Dubuque, with the advice and assistance of East Dubuque, shall comply with all
requirements imposed by the Federal Transit Administration upon East Dubuque
including, but not limited to, special requirements of law, program requirements and
other administrative requirements.
5.2. Dubuque shall be responsible to complete, with the advice and assistance of
East Dubuque, any forms for federal'` assistance, state of Illinois assistance, reports
required by federal or state agencies, and all grant applications related to the furnishing
of bus service in East Dubuque.
5.3. Dubuque shall maintain all records pertaining to the operation of public bus
transportation system in East Dubuque for not less than three years after the end of the
federal fiscal year to which they pertain or three years after the conclusion of any
litigation related to the operations, whichever occurs later.
5.4. Dubuque shall permit the authorized representatives of East Dubuque, the Illinois
Department of Transportation, the U.S. Department of Transportation, and the
Comptroller General of the United States to inspect and audit all data and records of
Dubuque relating to performance under the contract at any and all reasonable times
until expiration of three (3) years after the final payment under this contract.
SECTION 6. REPORTING.
6.1. Dubuque shall forward to the City Manager of East Dubuque, Illinois at least
semi-annually, actual route revenue generated in East Dubuque.
6~.2. All Dubuque passenger surveys shall be conducted in both Dubuque and East
Dubuque where practicable.
SECTION 7. COMPLIANCE WITH LAW.
7.1. Dubuque shall at is expense comply with all applicable laws, ordinances and
codes of the federal, estate and local governments.
7.2. Dubuque shall comply with all applicable federal, ~t-atestate, and local laws and
regulations pertaining to wages and hour of employment of personnel.
SECTION 8. INDEMNIFICATION.
8.1. East Dubuque shall defend, i~eifyindemnify, and otherwise hold Dubuque,
its officers, agents, and employees, harmless from any claim resulting from the
negligence of East Dubuque, its officers, agents, or employees.
8.2. Dubuque shall defend, i~~ler~r~i€yindemnify, and otherwise hold East Dubuque,
its officers, agents, and employees, harmless from any claim resulting from the
negligence of Dubuque, its officers, agents, and employees.
8.3. With respect to receipt of operating assistance from the Federal government
under Section 5 of the Urban Mass Transit Act of 1964, East Dubuque agrees to the
same terms for protection of the rights of employees presently employed by the City of
Dubuque as are contained in the existing agreement between Keyline and Local Union
No. 120 of Dubuque, Iowa which agreement was entered into pursuant to the
requirements of Section 13(c) of the Urban Mass Transportation Act of 1964. East
Dubuque further agrees to defend, +r~l~ifyindemnify, and otherwise hold Dubuque
harmless from any claim which may arise against Dubuque as a result of a violation by
East Dubuque of the provisions of the terms of such Section 13(c) agreement.
SECTION 9. TERMINATION.
9.1. This Agreement may be terminated for any reason by either party by providing
thirty (30) days notice in writing to the other party.
~~-9.2. There is no obligation on the part of either party to continue or renew this
Agreement upon its expiration or termination.
SECTION 10. 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 a writing signed by each party or an authorized representative of
each party.
SECTION 11. NOTIFICATION. All notices, demands, or other writings in this
Agreement provided, to be given, 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 DUBUQUE
City of Dubuque, Iowa
50 West 13th Street
Dubuque, Iowa 52001
TO EAST DUBUQUE
City of East Dubuque, Illinois
303 Sinsinawa Avenue
East Dubuque, IL 61025
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.
SECTION 14. 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 15. 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, Tabor troubles, unavailability or excessive price
of fuel, 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.
CITY OF EAST DUBUQUE, ILLINOIS
Nancy Roepke, City Clerk
By:
Geoffrey Barklow, Mayor
By:
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
By:
Jeanne F. Schneider, City Clerk