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
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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
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UB E '�II�'
Maste iece on the Mississi i �°°' �°"
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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
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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.
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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
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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.
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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
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