Loading...
Burlington Trailways Purchase of Service AgreementTO: The Honorable Mayor and City Council Members FROIVi: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Service Agreement -Burlington Trailways ®ATE: May 29, 2009 Transit Manager Jon Rocker recommends City Council approval of a revised Purchase of Services Agreement with Burlington Trailways which extends the length of the agreement from one year to five years. I concur with the recommendation and respectfully request Mayor and City Council approval. 7 ; 1 ~; _ d o L f ~ ~ ~ ~-~ L~_4~ '_ . ~~,d.r~ e~ ! , ~ . ~,~ Michael C. Van Milligen ~ ~, ~ ~~ ~. ~ a fF MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jon Rodocker, Transit Manager David Heiar, Economic Development Director May 26, 2009 T®: Michael C. Van Milligen, City Manager FROM: Jon Rodocker, Transit Manager SUBJECT: Purchase of Service Agreement - ~urlington Trailways Attached for City Council approval is the Revised 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 for a period of five years. 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. 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, 2014. 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 COMPLIANCE !/VITH 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 ME ERS, 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. 2 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 13t" 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 LAVV. 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. PA G PH 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 MAJUR. 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 3 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. URLIfdCTON TRAILWAYS, LT®. By: President By: CITY OF ®UUQUE, IOWA By: Roy D. Buol, Mayor By: Jeanne F. Schneider, City Clerk 4