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28E Agreement_East Dubuque Bus Service AgreementDubuque THE CITY OF ~j Tj~ ~ AIFAmericaCi~ ~.J iJ 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 UB E ~ r Maste iece on the Mississi i n YP PP 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