Transit Contract ARC, Mt St F SMEMORANDUM
Januaw 12,2004
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Urban Transit Contracts with Area Residential Care, Mount Saint Francis,
and Sunnycrest Manor
Transit Manager Mark Munson has negotiated agreements with Area Residential Care,
Mount Saint Francis and Sunnycrest Manor for the Fiscal Year beginning July 1,2003.
The Transit Board approved the contracts on November 13, 2003.
Economic Development Director Bill Baum recommends City Council approval of the
Urban Transit Contacts with Area Residential Care, Mount Saint Francis and
Sunnycrest Manor.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MiChael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
William J. Baum, Economic Development Director
Mark Munson, Transit Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
Janua~ 12,2004
TO: Mike Van Milligen, City Manager
FROM: William J. Baum, Economic Development Director.~~-~''''
SUBJECT: Urban Transit Contracts with Area Residential Care, M'ount Saint Francis,
and Sunnycrest Manor
INTRODUCTION
Mark Munson, Transit Division Manager has provided the enclosed Memorandum
requesting City Council approval of the Urban Transit Agreements with the above
named agencies for the Fiscal Year beginning July 1, 2003.
DISCUSSION
Mark has been negotiating agreements with Area Residential Care, Mount Saint
Francis, and Sunnycrest Manor in conformance with the recommendation so the Transit
Design study completed by Cater Goble Associates. The City has been negotiating the
conversion of transit agreements with the Regional Transit Authority and the three
agencies, and has been providing the transit services since July 1.
The agreements are based on budgeted operating costs for demand response and
subscription service. However, the details of the agreements needed to be approved by
the boards of these agencies, as well as the Keyline Transit Board. The agreements,
$45,729 for Area Residential Care, $24,346 for Mount Saint Francis, and $43,356 for
Sunnycrest Manor have been approved and executed by all parties.
In FY 05, the contracts will be approved prior to the beginning of the fiscal year.
RECOMMENDATION
1 recommend the City Council, by motion, approve the action taken by the Transit Board
on November 13, 2003 approving the three contracts.
F:\USERS\WBaum\Transit\Memo on transit contracts.doc
KeyLLne Transit
2401 Central Avenue
Dubuque, Iowa 52001-3302
(563) 589-4196 office
(563) 589~340 fax
(563) 690-6675 TOD
MEMORANDUM
December 22, 2003
TO:
FR:
Subject:
Bill Baum, Economic Development Director
Mark Munson, Transit Division Manager/[~IN~,
Urban Transit Contracts with Area Residential Care, Mount Saint
Francis and Sunnycrest Manor
INTRODUCTION
The purpose of this memorandum is to secure City Council approval of the Urban
Transit Agreements with Area Residential Care, Mount Saint Francis and
Sunnycrest Manor with KeyLine for the Fiscal Year beginning July 1,2003 and
ending June 30, 2004
DISCUSSION
Whereas the City of Dubuque has been officially designated as the urban transit
system for the city of Dubuque and has vehicles and employees available for
transporting persons residing in the city of Dubuque, agreements for urban
contract transportation services between various agencies and the Regional
Transit Authority were transferred to the KeyLine Transit system as part of the
Transit Design recommendations from Carter Goble Associates.
Under these urban contract agreements, the KeyLine Transit system agrees to
provide public transportation services under expense based contracts prescribed
by the Iowa Department of Transportation. Based on budgeted operating costs
for demand response and subscription transportation services and estimated
levels of service requested by the contracting agencies the estimated contract
limits ara $45,729 for Area Residential Care, $24,346 for Mount Saint Francis
and $43,356 for Sunnycrest Manor. In addition, $3,124 in capital replacement
fees will be collected from these contracts.
Service People IntegriiT ResponsibiliW Innovation Teamwork
Due to the timing of the initiation of service, the approval of contracts has been
delayed this first year. Contracts for FY 2005 will be issued and approved prior to
the beginning of the fiscal year.
RECOMMENDATION
I recommend that these contracts approved by the Transit Board on November
13, 2003 be presented to the City Council for consent at the next available
council agenda.
Cc: Harry Bemis, Transit Board Chair
AGREEMENT FOR TRANSPORTATION SERVICES
BETVVEEN
AREA RESIDENTIAL CARE
AND
THE CITY OF DUBUQUE
WHEREAS, Area Residential Care (Purchaser) has an interest in
provision of transportation services to residents living within the city limits of
Dubuque, Iowa; and
WHEREAS, The City of Dubuque (City) has been officially designated as
the urban transit system for the city of Dubuque, Iowa pursuant to Iowa Code
Section 324A. 1 and has vehicles and employees available for transporting
persons residing in the city of Dubuque.
NOW, THEREFORE, THE PARTIES DO HEREBY MUTUALLY AGREE AS
FOLLOWS:
A. Purpose and Term
1. The purpose of this Agreement is to arrange for public transit services
under the auspices of the designated public transit system.
2. The term of this Agreement shall be from July 1, 2003 through June 30,
2004. Any extension or renewal of this Agreement shall be by amendment
to this Agreement as provided herein.
3. This Agreement shall not take effect until approved by the Iowa
Department of Transportation, Office of Public Transit.
B. Description of Service
1. All transit services shall be provided in vehicles open to the public and
without discrimination.
2. Service shall be provided Monday through Friday except on the following
holidays: New Years Day, Memorial Day, Independence Day, Labor Day
and Christmas Day.
3. Service hours under this Agreement shall be as follows:
4. Service shall be daily, (demand responsive/subscription) transportation
within the city of Dubuque, Iowa.
5. Access to service shall be obtained by arranging schedules with City
dispatchers within designated procedures for advance reservations.
6. Purchaser acknowledges that City is a member of the Iowa Community
Assurance Pool (ICAP) and that City's insurance coverage with ICAP is
adequate for purposes of this Agreement.
7. Continuity of services shall be provided through access to spare vehicles.
C. Responsibilities of City
1. The parties acknowledge that City
Agreement an independent contractor.
is for all purposes under this
2. City shall provide and maintain in safe and presentable condition such
vehicles as are required to provide the services described above,
including backup vehicles.
3. City shall employ and train, clean and courteous personnel as necessary
to provide the services described above. Each driver shall have a valid
commemial driver's license.
4. City shall conduct drug and alcohol testing of all personnel performing
safety sensitive duties under this Agreement. The testing program shall
conform to all requirements of the Federal Transit Administration.
5. City shall operate all services described above including scheduling and
dispatching support.
6. City shall notify Purchaser in the event of any unavoidable interruption or
delay in service.
7. City shall notify Pumhaser of any incidents relating to passengers served
under this Agreement.
8. City shall indemnify and hold Purchaser harmless from all losses,
damage, claims, demands, liabilities, suits, or proceedings, including court
costs, but not including attorneys fees, relating to loss or damage to
property or to injury or death of any person arising out of the negligent
acts or omissions of City or its officers, employees or agents.
9. City shall maintain accounting and records for all services rendered and
shall assure that all persons handling project funds, including passenger
revenues, are bonded to levels appropriate for the amounts of funds
handled.
10. City shall provide to Purchaser a monthly billing for services rendered in
the previous month including a report of units of service provided and
revenues credited toward the service from passenger fares and other
sources.
11.City shall secure an independent audit of its transportation program
including services provided under this Agreement and shall provide a copy
of the audit report to purchaser upon request.
12.City shall permit inspection of its vehicles, services, books~ and records by
Purchaser or agencies providing funding to Purchaser upon the request of
Purchaser.
13. City shall provide information about the availability of the above described
services, as well as other services of City to both the target population of
this Agreement and the general public.
14. City shall comply with all applicable state and federal laws, including but
not limited to, equal employment opportunity laws, nondiscrimination laws,
traffic laws, motor vehicle equipment laws, confidentiality laws and
freedom of information laws.
D. Responsibilities of Purchaser
1. Purchaser shall provide funding as identified in this Agreement based
upon the projected difference between operating costs for described
2
services and revenues from passengem and/or from available state and
federal transit operating assistance funds.
2. Purchaser shall promptly pay all justified billings under this Agreement.
3. Purchaser shall comply with all state and federal laws regarding
nondiscrimination in relation to the services covered by this Agreement.
4. Purchaser shall inform City of any changes affecting the transportation
needs of the target population including possible changes in client
addresses, activity schedules or weather related program changes by the
Purchaser.
5. Purchaser shall assist City as requested in the design and scheduling of
transit services to meet the needs of the target population.
6. Purchaser shall assist City as requested in the dissemination of
information to the target population regarding the availability of services
under this Agreement as well as other transportation services of City.
7. Purchaser shall report to City any costs incurred in carrying out its
responsibilities under this Agreement.
8. Purchaser shall defend, indemnify and hold City, its officers, agents and
employees harmless for any loss caused by the negligence of Purchaser,
its officers, agents or employees in the performance of this Agreement or
City's inability to provide services under emergency conditions.
E. Compensation
1. Fully-allocated operating costs for services under this Agreement are
estimated at $4.50 per dde based on a mutually estimated service level of
13,728 rides. In addition there shall be a capital replacement surcharge of
$0.05 per mile which shall be placed in a reserve account for capital
purchases of transit equipment.
2. Operating compensation by Purchaser shall be at a rate of $3.33 per ride
net any passenger revenues. This reflects a subsidy of $1.17 per ride from
federal Job Access/Reverse Commute funds and state transit assistance
funds.
3. All passenger revenues shall be applied to the costs of transportation
services prior to application of federal transit funding and shall be
considered to have expanded the level of services compared to what
would be available without such resources.
4. The costs of services under this Agreement identified in E.1 above are
based upon assumptions concerning costs of supplies and the existence
of other transit service Agreements. Should circumstances change to
-significantly increase costs of service under this Agreement, the rate of
compensation may/shall be subject to renegotiation. Should
circumstances change to reduce actual costs below the estimated level,
any surplus funds shall be credited toward transportation services of
Purchaser during FY 2005.
5. Billings for services under this Agreement shall be on a reimbursement
basis and shall be provided to Purchaser on approximately the 10th day of
3
each month, based on services provided and the passenger revenues
collected the previous month.
Payment of justified billings shall be due within 30 days of billing.
F. Reportin.q
1. Items to report with each monthly billing based on the previous month
shall be:
Total number of (units) provided
Total number of rides provided
Total number of miles driven
Total passenger revenues collected
2. Items
to report at year-end shall be:
Total number of units provided
Total number of rides provided
Total number of miles ddven
Total passenger revenues collected
Actual fully allocated costs of services
Total federal transit assistance credited
Total state transit assistance credited
Total compensation billed to purchaser
3. Items to report on an on-going basis shall include incidents involving
passengers transported under this Agreement and any interruption in
service.
G. Entire A,qreement
1. This Agreement contains the entire agreement between Pumhaser and
City. There are no other agreements or understanding, written or verbal,
which shall take precedence over the items contained herein unless made
a part of this Agreement by written amendment.
H. Amendments
1. Any amendments to this Agreement shall be in wdting and be mutually
agreed upon by Purchaser and City. Amendments shall not be effective
unless approved by the Iowa Department of Transportation, Office of
Public Transit.
I. Termination
1. Either party may terminate this Agreement for any reason, with or without
cause, by written notice to the other party at least 30 days prior to the date
of termination.
J. Savinq Clause
1. If any provision of this Agreement is held unenforceable by a court of law,
all other previsions shall remain in effect.
4
K. Assignability and Subcontractinq
1. This Agreement may not be assigned by either party without the prior
express written approval of the other party and the approval of the Iowa
Department of Transportation, Office of Public Transit.
2. No part of the transportation services described in this Agreement may be
subcontracted by City without the pdor express written approval of
Purchaser.
3. Not withstanding the provisions in K.1. above it is hereby agreed that City
may under emergency circumstances determined by City temporarily
subcontract any portion of the service if it is deemed necessary by City to
avoid a service interruption. Purchaser shall be notified in advance if
practicable of such subcontracting of services.
Date:
City of Dubuque:
Date:
5
AGREEMENT FOR TRANSPORTATION SERVICES
BETWEEN
MOUNT SAINT FRANCIS
AND
THE CITY OF DUBUQUE
WHEREAS, Mount Saint Francis (Pumhaser) has an interest in provision
of transportation services to residents living within the city limits of Dubuque,
Iowa; and
WHEREAS, The City of Dubuque (City) has been officially designated as
the urban transit system for the city of Dubuque, Iowa pursuant to Iowa Code
Section 324A.1 and has vehicles and employees available for transporting
persons residing in the city of Dubuque.
NOW, THEREFORE, THE PARTIES DO HEREBY MUTUALLY AGREE AS
FOLLOWS:
A. Purpose and Term
1. The purpose of this Agreement is to arrange for public transit services
under the auspices of the designated public transit system.
2. The term of this Agreement shall be from July 1, 2003 through June 30,
2004. Any extension or renewal of this Agreement shall be by amendment
to this Agreement as provided herein.
3. This Agreement shall not take effect until approved by the Iowa
Department of Transportation, Office of Public Transit.
B. Description of Service..
1. All transit services shall be provided in vehicles open to the public and
without discrimination.
2. Service shall be provided Monday through Fdday except on the following
holidays: New Years Day, Memodal Day, Independence Day, Labor Day
and Christmas Day.
3. Service hours under this Agreement shall be as follows:
4. Service shall be daily, (demand responsive/subscription) transportation
within the city of Dubuque, Iowa.
5. Access to service shall be obtained by arranging schedules with City
dispatchers within designated procedures for advance reservations.
6. Pumhaser acknowledges that City is a member of the Iowa Community
Assurance Pool (ICAP) and that City's insurance coverage with ICAP is
adequate for purposes of this Agreement,
7. Continuity of services shall be provided through access to spare vehicles,
C. Responsibilities of City
1. The parties acknowledge that City is for all
Agreement an independent contractor.
purposes under this
2. City shall provide and maintain in safe and presentable condition such
vehicles as are required to provide the services described above,
including backup vehicles.
3. City shall employ and train, clean and courteous personnel as necessary
to provide the services described above. Each driver shall have a valid
commemial driver's license.
4. City shall conduct drug and alcohol testing of all personnel performing
safety sensitive duties under this Agreement. The-testing program shall
conform to all requirements of the Federal Transit Administration.
5. City shall operate all services described above including scheduling and
dispatching support.
6. City shall notify Purchaser in the event of any unavoidable interruption or
delay in service.
7. City shall notify Purchaser of any incidents relating to passengers served
under this Agreement.
8. City shall indemnity and hold Pumhaser harmless from all losses,
damage, claims, demands, liabilities, suits, or proceedings, including court
costs, but not including attorneys fees, relating to loss or damage to
property or to injury or death of any person arising out of the negligent
acts or omissions of City or its officers, employees or agents.
9. City shall maintain accounting and records for all services rendered and
shall assure that all persons handling project funds, including passenger
revenues, are bonded to levels appropriate for the amounts of funds
handled.
10. City shall provide to Purchaser a monthly billing for services rendered in
the previous month including a report of units of service provided and
revenues credited toward the service from passenger fares and other
sources.
11.City shall secure an independent audit of its transportation program
including services provided under this Agreement and shall provide a copy
of the audit report to purchaser upon request.
12. City shall permit inspection of its vehicles, services, books, and records by
Purchaser Or agencies providing funding to Purchaser upon the request of
Purchaser.
13. City shall provide information about the availability of the above described
services, as well as other services of City to both the target population of
this Agreement and the general public.
14. City shall comply with all applicable state and federal laws, including but
not limited to, equal employment opportunity laws, nondiscrimination laws,
traffic laws, motor vehicle equipment laws, confidentiality laws and
freedom of information laws.
D..Responsibilities of Purchaser
1. Purchaser shall provide funding as identified in this Agreement based
upon the projected difference between operating costs for described
2
services and revenues from passengers and/or from available state and
federal transit operating assistance funds.
2. Pumhaser shall promptly pay all justified billings under this Agreement.
3. Pumhaser shall comply with all state and federal laws regarding
nondiscrimination in relation to the services covered by this Agreement.
4. Purchaser shall inform City of any changes affecting the transportation
needs of the target population including possible changes in client
addresses, activity schedules or weather related program changes by the
Pumhaser.
5. Pumhaser shall assist City as requested in the design and scheduling of
transit services to meet the needs of the target population.
6. Purchaser shall assist City as requested in the dissemination of
information to the target population regarding the availability of services
under this Agreement as well as other transportation services of City.
7. Pumhaser shall report to City any costs incurred in carrying out its
responsibilities under this Agreement.
8. Purchaser shall defend, indemnify and hold City, its officers, agents and
employees harmless for any loss caused by the negligence of Pumhaser,
its officers, agents or employees in the performance of this Agreement or
City's inability to provide services under emergency conditions.
E. Compensation
1. Fully-allocated operating costs for services under this Agreement are
estimated at $25.11 per hour based on a mutually estimated service level
of 1,194 hours. In addition there shall be a capital replacement sumharge
of $0.05 per mile which shall be placed in a reserve account for capital
purchases of transit equipment.
2. For the first 1,194 hours, operating compensation by Purchaser shall be at
a rate of $20.39 per hour net any passenger revenues. This reflects a
subsidy of $4.72 per hour from state transit assistance funds.
3. Hours in excess of 1,194 shall require a compensation of $20.39 per hour
net any passenger revenues plus $0.05 per mile capital surcharge.
4. All passenger revenues shall be applied to the costs of transportation
services prior to application of federal transit funding and shall be
considered to have expanded the level of services compared to what
would be available without such resources.
5. The costs of services under this Agreement identified in E.1 above are
based upon assumptions concerning costs of supplies and the existence
of other transit service Agreements. Should cimumstances change to
significantly increase costs of service under this Agreement, the rate of
compensation may/shall be subject to renegotiation. Should
circumstances change to reduce actual costs below the estimated level,
any surplus funds shall be credited toward transportation services of
Purchaser dudng FY 2005.
6. Billings for services under this Agreement shall be on a reimbursement
basis and shall be provided to Pumhaser on approximately the 10th day of
3
each month, based on services provided and the passenger revenues
collected the previous month.
Payment of justified billings shall be due within 30 days of billing.
Reporting
Items to report with each monthly billing based on the previous month
shall be:
Total number of (units) provided
Total number of ddes provided
Total number of miles driven
Total passenger revenues collected
Total federal transit assistance credited
Total state transit assistance credited
2. Items
to report at year-end shall be'
Total number of units provided
Total number of rides provided
Total number of miles driven
Total passenger revenues collected
Actual fully allocated costs of services
Total federal transit assistance credited
Total state transit assistance credited
Total compensation billed to pumhaser
Items to report on an on-going basis shall include incidents involving
passengers transported under this Agreement and any interruption in
service.
G. Entire Aqreement
1. This Agreement contains the entire agreement between Purchaser and
City. There are no other agreements or understanding, wdtten or verbal,
which shall take precedence over the items contained herein unless made
a part of this Agreement by written amendment.
H. Amendments
1. Any amendments to this Agreement shall be in writing and be mutually
agreed upon by Purchaser and City. Amendments shall not be effective
unless approved by the Iowa Department of Transportation, Office of
Public Transit.
I. Termination
1. Either party may terminate this Agreement for any reason, with or without
cause, by written notice to the other party at least 30 days prior to the date
of termination.
J. Savinq Clause
4
If any provision of this Agreement is held unenforceable by a court of law,
all other provisions shall remain in effect.
K. Assi.qnability and Subcontractinq
1. This Agreement may not be assigned by either party without the prior
express written approval of the other party and the approval of the Iowa
Department of Transportation, Office of Public Transit.
2. No part of the transportation services described in this Agreement may be
subcontracted by City without the pdor express written approval of
Purchaser.
3. Not withstanding the previsions in K.1. above it is hereby agreed that City
may under emergency circumstances determined by City temporarily
subcontract any portion of the service if it is deemed necessary by City to
avoid a service interruption. Purchaser shall be notified in advance if
practicable of such subcontracting of services.
City of Dubuque:
Date:
AGREEMENT FOR TRANSPORTATION SERVICES
BETWEEN
SUNNYCREST MANOR
AND
THE CITY OF DUBUQUE
WHEREAS, Sunnycrest Manor (Purchaser) has an interest in provision of
transportation services to residents living within the city limits of Dubuque, Iowa;
and
WHEREAS, The City of Dubuque (City) has been officially designated as
the urban transit system for the city of Dubuque, Iowa pursuant to Iowa Code
Section 324A.1 and has vehicles and employees available for transporting
persons residing in the city of Dubuque.
NOW, THEREFORE, THE PARTIES DO HEREBY MUTUALLY AGREE AS
FOLLOWS:
A. Purpose and Term
1. The purpose of this Agreement is to arrange for public transit services
under the auspices of the designated public transit system.
2. The term of this Agreement shall be from July 1, 2003 through June 30,
2004. Any extension or renewal of this Agreement shall be by amendment
to this Agreement as provided herein.
3. This Agreement shall not take effect until approved by the Iowa
Department of Transportation, Office of Public Transit.
B. Description of Service
1. All transit services shall be provided in vehicles open to the public and
without discrimination.
2. Service shall be provided Monday through Friday except on the following
holidays: New Years Day, Memorial Day, Independence Day, Labor Day
and Christmas Day.
3. Service hours under this Agreement shall be as follows:
4. Service shall be daily, (demand responsive/subscription) transportation
within the city of Dubuque, Iowa.
5. Access to service shall be obtained by arranging schedules with City
dispatchers within designated procedures for advance reservations.
6. Purchaser acknowledges that City is a member of the Iowa Community
Assurance Pool (ICAP) and that City's insurance coverage with ICAP is
adequate for purposes of this Agreement.
7. Continuity of services shall be provided through access to spare vehicles.
C. Responsibilities of City
1. The parties acknowledge that City is for all purposes under this
Agreement an independent contractor.
2. City shall provide and maintain in safe and presentable condition such
vehicles as are required to provide the services described above,
including backup vehicles.
3. City shall employ and train, clean and courteous personnel as necessary
to provide the services described above. Each ddver shall have a valid
commercial driver's license.
4. City shall conduct drug and alcohol testing of all personnel performing
safety sensitive duties under this Agreement. The testing program shall
conform to all requirements of the Federal Transit Administration.
5. City shall operate all services described above including scheduling and
dispatching support.
6. City shall notify Purchaser in the event of any unavoidable interruption or
delay in service.
7. City shall notify Purchaser of any incidents relating to passengers served
under this Agreement.
8. City shall indemnify and hold Purchaser harmless from all losses,
damage, claims, demands, liabilities, suits, or proceedings, including court
costs, but not including attorneys fees, relating to loss or damage to
property or to injury or death of any person arising out of the negligent
acts or omissions of City or its officers, employees or agents.
9. City shall maintain accounting and records for all services rendered and
shall assure that all persons handling project funds, including passenger
revenues, are bonded to levels appropriate for the amounts of funds
handled.
10.City shall provide to Purchaser a monthly billing for services rendered in
the previous month including a report of units of service provided and
revenues credited toward the service from passenger fares and other
sources.
11.City shall secure an independent audit of its transportation program
including services provided under this Agreement and shall provide a copy
of the audit report to purchaser upon request.
12. City shall permit inspection of its vehicles, services, books, and records by
Purchaser or agencies providing funding to Purchaser upon the request of
Purchaser:
13. City shall provide information about the availability of the above described
services, as well as other services of City to both the target population of
this Agreement and the general public.
14. City shall comply with all applicable state and federal laws, including but
not limited to, equal employment opportunity laws, nondiscrimination laws,
traffic laws, motor vehicle equipment laws, confidentiality laws and
freedom of information laws.
D. Responsibilities of Purchaser
1. Purchaser shall provide funding as identified in this Agreement based
upon the projected difference between operating costs for described
2
services and revenues from passengers and/or from available state and
federal transit operating assistance funds.
2. Purchaser shall promptly pay all justified billings under this Agreement.
3. Purchaser shall comply with all state and federal laws regarding
nondiscrimination in relation to the services covered by this Agreement.
4. Purchaser shall inform City of any changes affecting the transportation
needs of the target population including possible changes in client
addresses, activity schedules or weather related program changes by the
Purchaser.
5. Purchaser shall assist City as requested in the design and scheduling of
transit services to meet the needs of the target population.
6. Purchaser shall assist City as requested in the dissemination of
information to the target population regarding the availability of services
under this Agreement as well as other transportation services of City.
7. Purchaser shall report to City any costs incurred in carrying out its
responsibilities under this Agreement.
8. Purchaser shall defend, indemnify and hold City, its officers, agents and
employees harmless for any loss caused by the negligence of Purchaser,
its officers, agents or employees in the performance of this Agreement or
City's inability to provide services under emergency conditions.
E. Compensation
1. Fully-allocated operating costs for services under this Agreement are
estimated at $24.83 per hour based on a mutually estimated service level
of 2,040 hours, in addition there shall be a capital replacement surcharge
of $0.05 per mile which shall be placed in a reserve account for capital
purchases of transit equipment.
2. For the first 2,040 hours, operating compensation by Purchaser shall be at
a rate of $21.25 per hour net any passenger revenues. This reflects a
subsidy of $3.58 per hour from state transit assistance funds.
3. Hours in excess of 2,040 shall require a compensation of $21.25 per hour
net any passenger revenues plus $0.05 per mile capital surcharge.
4. All passenger revenues shall be applied to the costs of transportation
services prior to application of federal transit funding and shall be
considered to have expanded the level of services compared to what
would be available without such resources.
5. The costs of services under this Agreement identified in E.1 above are
based upon assumptions concerning costs of supplies and the existence
of other transit service Agreements. Should circumstances change to
significantly increase costs of service under this Agreement, the rate of
compensation may/shall be subject to renegotiation. Should
circumstances change to reduce actual costs below the estimated level,
any surplus funds shall be credited toward transportation services of
Purchaser dudng FY 2005.
6. Billings for services under this Agreement shall be on a reimbursement
basis and shall be provided to Purchaser on approximately the 10th day of
3
each month, based on services provided and the passenger revenues
collected the previous month.
7. Payment of justified billings shall be due within 30 days of billing.
F. Reporting
1. Items to report with each monthly billing based on the previous month
shall be:
Total number of (units) provided
Total number of rides provided
Total number of miles driven
Total passenger revenues collected
Total federal transit assistance credited
Total state transit assistance credited
2. Items to report at year-end shall be:
Total number of units provided
Total number of ddes provided
Total number of miles driven
Total passenger revenues collected
Actual fully allocated costs of services
Total federal transit assistance credited
Total state transit assistance credited
Total compensation billed to purchaser
Items to report on an on-going basis shall include incidents involving
passengers transported under this Agreement and any interruption in
service.
G. Entire Agreement
1. This Agreement contains the entire agreement between Pumhaser and
City. There are no other agreements or understanding, written or verbal,
which shall take precedence over the items contained herein unless made
a part of this Agreement by written amendment.
H. Amendments
1. Any amendments to this Agreement shall be in writing and be mutually
agreed upon by Purchaser and City. Amendments shall not be effective
unless approved by the Iowa Department of Transportation, Office of
Public Transit.
I. Terminatioq
1. Either party may terminate this Agreement for any reason, with or without
cause, by written notice to the other party at least 30 days prior to the date
of termination.
J. Saving Clause
4
If any provision of this Agreement is held unenforceable by a court of law,
all other provisions shall remain in effect.
K. Assiqnability and Subcontractinq
1. This Agreement may not be assigned by either party without the prior
express written approval of the other party and the approval of the Iowa
Department of Transportation, Office of Public Transit.
2. No part of the transportation services described in this Agreement may be
subcontracted by City without the prior express written approval of
Purchaser.
3. Not withstanding the provisions in K. 1. above it is hereby agreed that City
may under emergency circumstances determined by City temporarily
subcontract any portion of the service if it is deemed necessary by City to
avoid a service interruption. Purchaser shall be notified in advance if
practicable of such subcontracting of services.
Put~aser ~,~City of Dubuque:
I~at~: ./_~/Z_,r//~ ~ Date:
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