Burlington Trailways Purchase of Service AgreementTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Service Agreement -Burlington Trailways
DATE: April 30, 2009
Transit Manager Jon Rodocker recommends City Council approval of a Purchase of
Services Agreement with Burlington Trailways for the City's financial support to operate
a bus depot and ticket sales office located at 400 Rhomberg Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael 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
Masterpiece on the Mississipp
Dubuque
All-American City
2007
April 27, 2009
TO: Michael C. Van Milligen, City Manager
FROM: Jon Rodocker, Transit Manager
SUBJECT: Purchase of Service Agreement -
Burlington Trailways
Attached for City Council approval is the Purchase of Services Agreement with
Burlington Trailways for the City's financial support to operate a bus depot and
ticket sales office located at 400 Rhomberg Avenue, Dubuque, IA 52001.
It is my recommendation that the City Council approves the attached purchase of
services agreement with Burlington Trailways and authorizes the Mayor to
execute the contract on behalf of the City.
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA,
AND
BURLINGTON TRAILWAYS, LTD
THIS AGREEMENT, dated for reference purposes the day of ,
2009, is made and entered into by and between Burlington Stage Lines, LTD d/b/a
Burlington Trailways, LTD ("Trailways"), an interstate transportation provider, and the City
of Dubuque, Iowa ("City"), an Iowa municipal corporation.
WHEREAS, Trailways has been and presently offers interstate bus service to and
from City; and
WHEREAS, it is deemed to be in the best interest of Trailways and City to continue
offering interstate bus service to the Dubuque urban area in order to better serve the
transportation needs of the general public.
NOW THEREFORE, in consideration of the mutual covenants herein contained,
Trailways and City agree as follows:
SECTION 1. SCOPE OF SERVICE. Trailways shall operate a bus depot and ticket sales
office located at 400 Rhomberg Avenue, Dubuque, IA 52001.
SECTION 2. TIME OF PERFORMANCE. The term of this Agreement shall be from June
1, 2009, through May 31, 2010.
SECTION 3. COMPENSATION. City shall pay to Trailways $800.00 per month to
supplement Trailways facility rental as compensation for the services provided by Trailways
described herein. Such payment shall constitute full and complete compensation for such
services. The compensation shall be paid by City to Trailways upon receipt by City of a
requisition for such sum from Trailways. Payment shall be contingent upon Trailways
continuing to provide interstate bus service to and from City as required by this Agreement.
SECTION 4. AUDIT AND EVALUATION.
4.1 Inasmuch as the funds to be provided Trailways by City are public funds, Trailways
agrees that it shall maintain books of account in accordance with generally accepted
accounting standards together with necessary documentation to support all expenditures.
4.2 Trailways shall provide City quarterly written reports detailing its activities beginning
with the quarter ending September 30, 2009. Such report shall be due ten (10) days after
the end of each quarter.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Trailways shall at its expense comply with all applicable laws, ordinances, and
codes of the federal, state, and local governments.
5.2 Trailways shall comply with all applicable federal, state, and local laws and
regulations pertaining to wages and hours of employment of personnel.
SECTION 6. INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY
OF DUBUQUE, MEMBERS OF THE DUBUQUE CITY COUNCIL, OR OTHER PUBLIC
OFFICIALS. No member, officer, or employee of City or their designees or agents, no
member of the Dubuque City Council, nor any other public official of City who exercises
any function or responsibilities during such person's tenure shall have any interest, direct
or indirect, in this Agreement or the proceeds thereof for work to be performed in
connection with the program assisted under this Agreement.
SECTION 7. TERMINATION OF AGREEMENT.
7.1 This Agreement may be terminated for any reason, with or without cause, by either
party by providing sixty (60) days notice in writing to the other party.
7.2 There is no obligation on the part of either party to continue or renew this Agreement
upon its expiration or termination.
7.3 If, through any cause, Trailways shall fail to fulfill in a timely and proper manner its
obligations under this Agreement or if Trailways violates any of the covenants, agreements,
or stipulations of this Agreement, City shall have the right to terminate this Agreement by
giving written notice to Trailways of such termination not less than five (5) days before the
effective date of such termination.
SECTION 8. ASSIGNABILITY. Trailways shall not assign any interest in this Agreement
without the prior written approval of City.
SECTION 9. INSURANCE. At the time of execution of this Agreement by Trailways,
Trailways shall provide City with copies of Trailways insurance certificates showing
compliance with the City's standard insurance schedule, as such schedule may from time
to time be amended. The current insurance schedule is attached to this Agreement as
Insurance Schedule A.
SECTION 10. INDEMNIFICATION.
10.1 Trailways shall defend, indemnify, and otherwise hold City, its officers, agents, and
employees, harmless from any claim of any kind resulting from or arising out of the
negligence of Trailways, its officers, agents, or employees in the performance of this
Agreement.
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10.2 City shall defend, indemnify, and otherwise hold Trailways, its officers, agents, and
employees, harmless from any claim resulting from the negligence of City, its officers,
agents, and employees in the performance of this Agreement.
SECTION 11. NOTICES.
11.1 All notices, demands, or other writings in this Agreement provided to be given,
made, or sent, or which may be given, made, or sent by either party to the other, shall be
deemed to have been fully given, 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 TRAILWAYS: Burlington Trailways, Ltd.
PO Box 531
West Burlington, IA 52655
11.2 The address to which any notice, demand, or other writing may be given, made, or
sent to any party as above provided may be changed by written notice given by the party
as above provided.
SECTION 12. TIME OF THE ESSENCE. Time is of the essence of this Agreement and
all of its provisions.
SECTION 13. GOVERNING LAW. It is agreed that this Agreement shall be governed by,
construed, and enforced in accordance with the laws of the State of Iowa.
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 contained herein.
SECTION 15. MODIFICATION OF AGREEMENT. No modification of this Agreement
shall be binding except by a writing signed by each party or an authorized representative of
each party.
SECTION 17. PARTIES BOUND. This Agreement shall be binding upon, shall inure to the
benefit of, and shall apply to the respective successors and assigns of Trailways and City.
All references in this Agreement to "Trailways" or "City" shall be deemed to refer to and
include successors and assigns of Trailways or City without specific mention of such
successors or assigns.
SECTION 18. FORCE MAJEURE. In the event that either party hereto shall be delayed,
hindered in, or prevented from the performance of any act required hereunder by reason of
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strikes, lockouts, labor 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.
BURLINGTON TRAILWAYS, LTD.
By:
President
By:
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
By:
Jeanne F. Schneider, City Clerk
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INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) 70 THE
CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa. All insurers shall have a rating of A or better in the current A.M.
Best Rating Guide.
2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice
of cancellation to the City of Dubuque, except for a ten (10) day notice for non-
payment, if cancellation is prior to the expiration date.
3. shall furnish a signed Certificate of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certificates
shall include copies of the following policy endorsements:
a) Commercial General Liability policy is primary and non-contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunity Endorsements.
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this agreement.
6. shall be required to carry the following minimum
coverage/limits or greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
This coverage shall be written on an occurrence, not a claims made form. Form CG
25 04 03 97 "Designated Location (s) General Aggregate Limit" shall be included.
All deviations or exclusions from the standard ISO commercial general liability form
CG 0001, or Business Owners form BP 0002, shall be clearly identified.
1 of 2 January 2008
INSURANCE SCHEDULE A (Continued)
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
Governmental Immunity Endorsement identical or equivalent to form attached.
Additional Insured Requirement:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers shall be named as an additional
insured on General Liability Policies using ISO endorsement CG 20 26 0704
"Additional Insured -Designated Person or Organization," or it's equivalent. -
See Specimen
b) WORKERS' COMPENSATION 8~ EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
c) UMBRELLA EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Checklist
^ Certificate of Liability Insurance (2 pages)
^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
^ Additional Insured 20 26 07 04
^ Governmental Immunities Endorsement
2 of 2 January 2008