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Jule Transit College and University Partnership Contracts Copyrighted May 6, 2019 City of Dubuque Consent Items # 12. ITEM TITLE: Jule Transit College and University Partnership Contracts SUM MARY: City Manager recommending approval of contracts for the College/University Transit Partnership with Clarke University, Loras College and the University of Dubuque for the 2019-2020 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 College/Uni�rsity Contracts with Jule Transit Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 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 28, 2019 Director of Transportation Services Renee Tyler recommends City Council approval of contracts for the College/University Transit Partnership with Clarke University, Loras College and the University of Dubuque for the 2019-2020 school year. I concur with the recommendation and respectfully request Mayor and City Council approval. �1.� ��, i�,� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Renee Tyler, Director of Transportation Services THE CITY OF Dubuque � u.Yemcm UB E '�II�' Maste iece on the Mississi i �°°' �°" � � zon�zm� TO: Michael Van Milligen, City Manager FROM: Renee Tyler, Director of Transportation Services , - SUBJECT: College and University Partnership— Contracts for Approval DATE: April 76, 2019 PURPOSE To request approval of the contracts for the College/University Transit Partnership with Clarke University, Loras College and University of Dubuque for the 2019-2020 school year. BACKGROUND Clarke University, Loras College and University of Dubuque, have partnered with The Jule over the past seven 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 and evening bus rou[es. DISCUSSION The schools have agreed to continue the partnership for the 2019- 2020 school year. Each school is responsible for paying approximately $ 20 per rider, all are receiving private donations to assist with their contract amount. The College Partnership will provide access [o enrolled students, faculty and staff 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. 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 seven years is detailed below. The addition of faculty and staff is an effort to increase our ridership and to expand our ridership base. Total College Ridership by Year 60.000.00 - �� 3],9]9- 39:080� �— � V0958 40,000.00 — 'z¢29 - - - --- - - -- — _ 29033 _2$➢.QQ—_ 20.00ODO ��689 � � o.ao —�. - - —■— — — - --�. -� I FYli Fvll FY15 FY16 fYP FY18 fY19 �ProIeCled) BUDGETIMPACTS The following table shows FY19 adopted amounts based on contract totals from each school. Loras Colle e $29,800 Clarke Universit $18,980 Universit of Dubuque $35,500 Total Colle e Su ort $84,280 � RECOMMENDATION/ACTION STEP It is recommended that the City approve the contracts with the colleges for continuation of the college partnershipforthe 2018- 2019 schoolyear. TRANSPORTATION AGREEMENT BETWEEN LORAS COLLEGE AND THE CITY OF DUBUQUE, IOWA. This Agreement ("Agreement"), dated for reference purposes the _ day of , 2019, is made and entered into by and between the City of Dubuque ("City"), through its Jule Transit System, and Loras College ("College"). Whereas, City is a municipal transit utility, operated by its Jule Transit System with a principal mailing address of 950 Elm St, Dubuque, Iowa, 52001; and College is an educational institution with a principal mailing address of 1450 AltaVista, Dubuque, Iowa, 52001; and Whereas, City provides regular service over established routes during published hours and at published frequencies; and Whereas, 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 City bus service by College students is advantageous to College in terms of minimizing the need for College to construct costly parking facilities; and Whereas, College studentsparticipation in the College Route Program (CRP) is contingent upon the approval of fees to pay for it. Now, therefore, be it resolved that College wishes to encourage the use of 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 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 College agrees to establish appropriate procedures to assure that one and only one CSIC is distributed to each student enrolled at College. If validation becomes an issue, City and College will mutually agree to an alternative to the identification card. 040519baI 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 College. Any person violating these terms or conditions may be subject to disciplinary action or prosecution by City and/or College. 1.4 City will provide College with a template file including first name, last name and student ID number. College will return the completed template to City showing active student ID numbers at the beginning of each semester. 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. UNLIMITED ACCESS PRIVILEGES FOR FACULTY/STAFF. 2.1 A current Faculty/Staff Ride Card (FSRC) shall be valid for transportation seven (7) days a week, during all scheduled hours, on all City bus routes. A FSRC shall be accepted as proof of pre -paid bus fare when presented by participating faculty and staff members. .2.2 Participating faculty and staff unable to utilize City fixed-routebuses because of a physical disability 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. Participating faculty and staff presenting a current and. valid City ADA Minibus ID Gard in addition to a current FSRC shall not be charged a.fare. 2.3 A .FSRC 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 FSRC is forfeited, it will be returned immediately to College. Any person violating these terms or conditions may be subject to disciplinary action or prosecution by City and/or College. SECTION 3. SERVICES. 3.1 City shell. provide its established. and regularly publicized bus service and any additional bus service it may activate. 3.2 City shall also operate additional campus -oriented bus service, known as the Nightrider. 3.3 The services provided under this Agreement will be open to all members of the general public at all times on an equal basis. SECTION 4. TERM OF AGREEMENT. The term of this Agreement shall be July 1, 2019 through June 30, 2020. City may provide the service in successive years subject to mutually agreeable re -negotiation of a contract each year. If College desires .to 2 continue this program for a subsequent year, City must receive written notification of this intent and expected levels of service by January 15, 2020. SECTION 5. COMPENSATION. For the bus services provided herein, 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, 2019 December 1, 2019 March 1, 2020 May 1 , 2020 $7,450.00 $7,450.00 $7,450.00 $7,450.00 SECTION 6. RECORDS. City will keep ridership records of CRP usage and provide ridership reports to College at the conclusion of each semester. College and City will work cooperatively to obtain and share any other information deemed necessary by either or both parties. SECTION 7. ADMINISTRATION. 7.1 College does not have, and will not exercise any control over City's operation in connection with providing bus service. 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 City only. The drivers are not agents or employees of College. 7.2 Administration and management of the CRP are the sole responsibility of City. 7.3 Marketing and promotion of the CRP are the mutual responsibility of City and 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. College will be responsiblefor marketing the CRP to students and staff except that the transit manager will approve all CRP Marketing materials that contain, or reference, City trademark, images or properties. 7.4 The parties will cooperatively establish administrative policies and procedures that vvill effectively safeguard the interests of both parties. SECTION 8. TERMINATION. 8.1 If College fails to make payment, as outlined in Section 5, City will provide College with thirty (30) days to cure the default by compensating City fully for the amount that is past due under this Agreement. if College fails to cure the default during such thirty (30) day period, City, in its sole discretion, may terminate this Agreement on the thirtieth (30th) day. If such termination occurs, College's CSIC and FSRC will not be honored by City on its buses, and 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, City will not be 3, liable to College for any claimed damages, personal or property, including any consequential damages, resulting from the 10s8 of bus services .under this Agreement. 82 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 such time, the non -breaching party may terminate this Agreement on forty-fifth (45th) day. 8.3 All accounts will be settled on a prorated basis in the event of early termination of this Agreement. SECTION 9. 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 10. INDEMNIFICATION. 10.1 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.invesUgateand defend the same. 10.2 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 11. 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, the Iowa District Court for Dubuque County, Iowa is the 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 12. 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 13. 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. 4 SECTION 14. 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 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, walk outs, labor troubles, orders of civil authorities, unavailability or excessive price of fuel or equipment, significant United Statesor 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 16. 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 17. 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: Renee Tyler, Director of Transportation Services City of Dubuque 950 Elm St Dubuque, Iowa 52001 To College: Loras College Attn: Arthur Sunleaf, Vice President of Student Development 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, 5 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 By: Roy B I, Mayor ATTEST: By: LORAS COLLEGE By. Treasurer Kevi Firnstahl, City Clerk FAUsers1tstecklelindahl\Agreements\College Route Contract_LORAS_2019-2020_040519bal.docx 6 TRANSPORTATION AGREEMENT BETWEEN UNIVERSITY OF DUBUQUE AND THE CITY OF DUBUQUE, IOWA This Agreement ("Agreement"), dated for reference purposes the 0 day of A 1-1\ , 2019, is made and entered into by and between the City of Dubuque ("City"), thh its Jule Transit System, and the University of Dubuque ("College"). Whereas, City is a municipal transit utility, operated by its Jule Transit System with a principal mailing address of 950 Elm St, Dubuque, Iowa, 52001; and College is an educational institution with a principal mailing address of 2000 University, Dubuque, Iowa, 52001; and Whereas, City provides regular service over established routes during published hours and at published frequencies; and Whereas, 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 City bus service by College students is advantageous to College in terms of minimizing the need for 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 College wishes to encourage the use of 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 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 College agrees to establish appropriate procedures to assure that one and only one CSIC is distributed to each student enrolled at College. If validation becomes an issue, City and College will mutually agree to an alternative to the identification card. 040519 ba 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 College. Any person violating these terms or conditions may be subject to disciplinary action or prosecution by City and/or College. 1.4 City will provide College with a template file including first name, last name and student ID number. College will return the completed template to City showing active student ID numbers at the beginning of each semester. 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. UNLIMITED ACCESS PRIVILEGES FOR FACULTY/STAFF. 2.1 A current Faculty/Staff Ride Card (FSRC) shall be valid for transportation seven (7) days a week, during all scheduled hours, on all City bus routes. A FSRC shall be accepted as proof of pre -paid bus fare when presented by participating faculty and staff members. 2.2 Participating faculty and staff unable to utilize City fixed -route buses because of a physical disability 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 withDisabilities Act. Participating faculty and staff presenting a current and valid City ADA Minibus ID Card in addition to a current FSRC shall not be charged a fare. 2.3 A FSRC 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 FSRC is forfeited, it will be returned immediately to College. Any person violating these terms or conditions may be subject to disciplinary action or prosecution by City and/or College. SECTION 3. SERVICES. 3.1 City shall provide its established and regularly publicized bus service and any additional bus service it may activate. 3.2 City shall also operate additional campus -oriented bus service, known as the Nightrider. 3.3 The services provided under this Agreement will be open to all members of the general public at all times on an equal basis. SECTION 4. TERM OF AGREEMENT. The term of this Agreement shall be July 1, 2019 through June 30, 2020. City may provide the service in successive years subject to mutually agreeable re -negotiation of a contract each year. If College desires to 2 continue this program for a subsequent year, City must receive written notification of this intent and expected levels of service by January 15, 2020. SECTION 5. COMPENSATION. For the bus services provided herein, College shall pay to City $35,500.00 according to the following payment schedule: 1/2 College Share 1/2 College Share October 1, 2019 $17,750.00 March 1, 2020 $17,750.00 SECTION 6. RECORDS. City will keep ridership records of CRP usage and provide ridership reports to College at the conclusion of each semester. College and City will work cooperatively to obtain and share any other information deemed necessary by either or both parties. SECTION 7. ADMINISTRATION. 7.1 College does not have and will not exercise any control over City's operation in connection with providing bus service. 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 City only. The drivers are not agents or employees of College. 7.2 Administration and management of the CRP are the sole responsibility of City. 7.3 Marketing and promotion of the CRP are the mutual responsibility of City and 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. 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, City trademark, images or properties. 7.4 The parties will cooperatively establish administrative policies and procedures that will effectively safeguard the interests of both parties. SECTION 8. TERMINATION. 8.1 If College fails to make payment, as outlined in Section 5, City will provide College with thirty (30) days to cure the default by compensating City fully for the amount that is past due under this Agreement. If College fails to cure the default during such thirty (30) day period, City, in its sole discretion, may terminate this Agreement on the thirtieth (30th) day. If such termination occurs, College's CSIC and FSRC will not be honored by City on its buses, and 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, City will not be liable to College for any claimed damages, personal or property, including any consequential damages, resulting from the loss of bus services under this Agreement. 3 8.2 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 such time, the non -breaching party may terminate this Agreement on forty-fifth (45th) day. 8.3 All accounts will be settled on a prorated basis in the event of early termination of this Agreement. SECTION 9. 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 10. INDEMNIFICATION. 10.1 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. 10.2 College agrees to defend, indemnify and hold harmless City, its officers, agents � l an from employees, m aany and all damages or claims i is w atSO ver by reason i 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 11. 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, the Iowa District Court for Dubuque County, Iowa is the 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 12. 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 13. 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 14. 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 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, 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 16. 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 17. 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: To College: Renee Tyler, Director of Transportation Services City of Dubuque 950 Elm St Dubuque, Iowa 52001 University of Dubuque Attn: Nelson Edmonds, Dean of Student Engagement and Services 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. 5 THE CITY OF DUBUQUE, IOWA UNIVERSITY OF DUBUQUE ATTEST: By: Key( Firnstahl, ity Clerk By: 6/L., - Nelson Edmonds Dean of Student Engagement And Services F:\Users\tsteckle\Lindahl\Agreements\College Route Contract_UNIVERSITY OF DUBUQUE_2019-2020_040519bal.docx 6 TRANSPORTATION AGREEMENT BETWEEN CLARKE UNIVERSITY AND THE CITY OF DUBUQUE, IOWA This Agreement ("Agreement"), dated for reference purposes the 7 day of /irpr47 , 2019, is made and entered into by and between City of Dubuque ("City"), through its Jule Transit System, and Clarke University ("College"). Whereas, City is a municipal transit utility, with a principal mailing address of 950 Elm St, Dubuque, Iowa, 52001; and College is an educational institution with a principal mailing address of 1550 Clarke Drive, Dubuque, Iowa, 52001; and Whereas, City provides regular service over established routes during published hours and at published frequencies;, and Whereas, 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 City bus service by College students is advantageous to College in terms of minimizing the need for College to construct costly parking facilities; 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 College wishes to encourage the use of 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 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 College agrees to establish appropriate procedures to assure that one and only one CSIC is distributed to each student enrolled at College. If validation becomes an issue, City and College will mutually agree to an alternative to the identification card. 040519ba1 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 College. Any person violating these terms or conditions may be subject to disciplinary action or prosecution by City and/or College. 1.4 City will provide College with a template file including first name, last name and student ID number. College will return the completed template to City showing active student ID numbers at the beginning of each semester. City will Toad 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. UNLIMITED ACCESS PRIVILEGES FOR FACULTY/STAFF. 2.1 , A current Faculty/Staff Ride Card (FSRC) shall be valid for transportation seven (7) days a week, during all scheduled hours, on all City bus routes. A FSRC shall be accepted as proof of pre -paid bus fare when presented by participating faculty and staff members. 2.2 Participating faculty and staff unable to utilize City fixed -route buses because of a physical disability 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. Participating faculty and staff presenting a current and valid City ADA Minibus ID Card in addition to a current FSRC shall not be charged a fare. 2.3 A FSRC 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 FSRC is forfeited, it will be returned immediately to College. Any person violating these terms or conditions may be subject to disciplinary action or prosecution by City and/or College. SECTION 3. SERVICES. 3.1 City shall provide its established and regularly publicized bus service and any additional bus service it may activate. 3.2 City shall also operate additional campus -oriented bus service, known as the Nightrider. 3.3 The services provided under this Agreement will be open to all members of the general public at all times on an equal basis. SECTION 4. TERM OF AGREEMENT. The term of this Agreement shall be July 1, 2019 through June 30, 2020. City may provide the service in successive years subject to mutually agreeable re -negotiation of a contract each year. If College desires to 2 continue this program for a subsequent year, City must receive written notification of this intent and expected levels of service by January 15, 2020. SECTION 5. COMPENSATION. For the bus services provided herein, College shall pay to City $18,980.00 according to the following payment schedule: 1/2 College Share October 1, 2019 1/2 College Share March 1, 2020 $9,490.00 $9,490.00 SECTION 6. RECORDS. City will keep ridership records of CRP usage and provide ridership reports to College at the conclusion of each semester. College and City will work cooperatively to obtain and share any other information deemed necessary by either or both parties. SECTION 7. ADMINISTRATION. 7.1 College does not have, and will not exercise any control over City's operation in connection with providing bus service. 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 City only. The drivers are not agents or employees of College. 7.2 Administration and management of the CRP are the sole responsibility of City. 7.3 Marketing and promotion of the CRP are the mutual responsibility of City and 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. 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, City trademark, images or properties. 7.4 The parties will cooperatively establish administrative policies and procedures that will effectively safeguard the interests of both parties. SECTION 8. TERMINATION. 8.1 If College fails to make payment, as outlined in Section 5, City will provide College with thirty (30) days to cure the default by compensating City fully for the amount that is past due under this Agreement. If College fails to cure the default during such thirty (30) day period, City, in its sole discretion, may terminate this Agreement on the thirtieth (30th) day. If such termination occurs, College's CSIC and FSRC will not be honored by City on its buses, and 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, City will not be liable to College for any claimed damages, personal or property, including any consequential damages, resulting from the loss of bus services under this Agreement. 3 8.2 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 such time, the non -breaching party may terminate this Agreement on forty-fifth (45th) day. 8.3 All accounts will be settled on a prorated basis in the event of early termination of this Agreement. SECTION 9. 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 10. INDEMNIFICATION. 10.1 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. 10.2 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 11. 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 the Iowa District Court for Dubuque County, Iowa is the 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 12. 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 13. 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 14. 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 4 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 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, 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 16. 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 17. NOTICE. All notices, demands, or other writings in this Agreement provided to be given nr made nr 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: To College: Renee Tyler, Director of Transportation Services City of Dubuque 950 Elm St Dubuque, Iowa 52001 Clarke University Attn: Kate Zanger, Vice President for Student Life 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. 5 THE CITY OF DUBUQUE CLARKE UNIVERSITY By: Roy ol, Mayor ATTEST: B Key" irnstahl, City Clerk By: iicIA Pre - Kate Zanger Vice President for Student Life F:1Users\tsteckle\Lindahl\Agreements\College Route Contract_Clarke_2019-2020_040519bal.docx 6