College Partnership Transit Contracts_FY 2015THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: College and University Partnership - Contracts for Approval
DATE: July 15, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
Director of Transit Operations Candace Eudaley recommends City Council approval of
the contracts for College/University Transit Partnership with Clarke University, Loras
College and University of Dubuque for the 2014-2015 school year.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
IA/1144 ,,,,„
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Candace Eudaley, Director of Transit Operations
Maurice Jones, Economic Development Director
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Candace Eudaley, Director of Transit Operations
RE: College and University Partnership — Contracts for Approval
DATE: July 14, 2014
Dubuque
bitetri
All -America City
1 r
2007 • 2012 • 2013
PURPOSE
To request approval of the contracts for College/University Transit Partnership with Clarke
University, Loras College and University of Dubuque for the 2014-2015 school year.
BACKGROUND
In January 2014, the Iowa DOT approved a third (final) year Iowa Clean Air Attainment program
(ICAAP) Grant, which provided funding to continue the Nightrider evening weekend service. The
20% local match for the Nightrider portion of the grant was provided by the following three
colleges and universities: Clarke University, Loras College and University of Dubuque.
In exchange for the matching funds, each school received unlimited access for its students,
faculty and staff when they show their school ID to the driver at boarding on the Nightrider and
all daytime services.
The Nightrider route has continued through the summer with reduced hours and will begin its
6pm-2:40am schedule on August 15, 2014 and resuming reduced service on May 23, 2015.
There are currently no major changes expected to the locations served by the routes.
The contracts were reviewed by Assistant City Attorney, Maureen Quann.
DISCUSSION
The Nightrider route, which was developed in partnership with the local colleges/universities,
has received an exceptional - and to some degree unexpected - response from the general
public. Use of the route by the general public is approximately 42% of the to -date total ridership
which totals 33,517 since it began in September 2012.
The college partnership and Nightrider route have been excellent opportunities to partner with
the local college and universities in the encouragement of transit use during daytime hours as
well as the development of a safe, student -funded (source of the local match for the grant) and
student -focused public transit service. The Nightrider route addresses not only the needs of an
important target market in our community and provides valuable service to citizens who are
using the service for transportation to/from shopping, employment, education and/or recreation.
FINANCIAL
The following table shows the payment schedule for the funds to be paid by the colleges.
RECOMMENDATION/ACTION
It is recommended that the City approve the contracts with the colleges for continuation of the
college partnership for the 2014-2015 school year.
Amount Due August 1, 2014
Amount Due December 1, 2014
Total
Loras College
$5,681
$5,681
$11,362
Clarke University
$5,681
$5,681
$11,362
University of Dubuque
$5,681
$5,681
$11,362
TOTAL
$34,086
RECOMMENDATION/ACTION
It is recommended that the City approve the contracts with the colleges for continuation of the
college partnership for the 2014-2015 school year.
TRANSPORTATION AGREEMENT
BETWEEN
LORAS COLLEGE
AND
THE CITY OF DUBUQUE, IOWA
This Agreement ("Agreement"), made this /4( day of ad , 2014, is by
and between City of Dubuque ("City"), through its Jule Transit System, and Loras
College ("College").
Whereas, the City is a municipal transit utility, with a principal mailing address of
2401 Central Avenue, Dubuque, Iowa, 52001; and the College is an educational
institution with a principle mailing address of 1450 Alta Vista, Dubuque, Iowa, 52001;
and
Whereas, the City provides regular service over established routes during
published hours and at published frequencies; and
Whereas, the City bus service provides a satisfactory means of transporting
college students, faculty, and staff to and from the College campus to destinations in the
community; and
Whereas, use of the City bus service by College students, faculty, and staff is
advantageous to the College in terms of minimizing the need for the 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 the College wishes to encourage the use of
the City bus service by College students, faculty, and staff. 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 the 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 and participating faculty and staff presenting a current and valid City ADA
Minibus ID Card in addition to their CSIC shall not be charged a fare.
Mag07022013
1.2 The College agrees to establish appropriate procedures to assure that one and
only one CSIC is distributed to each student enrolled at the college. If validation
becomes an issue, the City and the College will mutually agree to an alternative to the
identification card.
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 the
college. Any person violating these terms or conditions may be subject to disciplinary
action or prosecution by the City and/or the College.
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 with disabilities determined unable to utilize the 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. Participating faculty and staff presenting a current and
valid City ADA Minibus ID Card in addition to their 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 the
college. Any person violating these terms or conditions may be subject to disciplinary
action or prosecution by the City and/or the College.
SECTION 3. SERVICES.
3.1 The City shall provide its established and regularly publicized bus service and
any additional bus service it may activate.
3.2 The City shall also operate additional campus -oriented bus service, known as the
College Route Program (CRP), outlined in Exhibit A, during the following period:
Nightrider service beginning no later than August 15, 2014 and ending May 23,
2015.
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.
2
SECTION 4. TERM OF AGREEMENT. The term of this Agreement shall be August
1, 2014 through August 1, 2015. The City may provide the service in successive years
subject to mutually agreeable re -negotiation of a contract each year. If the College
desires to continue this program for a subsequent year, the City must receive written
notification of this intent and expected levels of service by December 1, 2014.
SECTION 5. COMPENSATION.
For the bus services provided herein, the College shall pay the City an amount as
detailed in Exhibit B shown as the College share.
The College shall pay to the City the College Share as calculated in Exhibit B according
to the following payment schedule:
1/2 College Share
August 1, 2014 $5,681.00
1/2 College Share December 1, 2014 $5,681.00
SECTION 6. RECORDS. The City will keep ridership records of CRP usage and
provide ridership reports to the College at the conclusion of each semester. The College
and the City will work cooperatively to obtain and share any other information deemed
necessary by either or both parties.
SECTION 7. ADMINISTRATION.
7.1 The College does not have, and will not exercise any control over the City's
operation in connection with providing bus service. The 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 the
City only. The drivers are not agents or employees of the College.
7.2 Administration and management of the CRP are the sole responsibility of the
City.
7.3 Marketing and promotion of the CRP are the mutual responsibility of the City and
the 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. The 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, the 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 the College fails to make payment, as outlined in Section 5 above, the College
will be in default. The City will provide the College with thirty (30) days to cure this
3
default by compensating the City fully for the amount that is past due under the
Agreement. If the College fails to cure the default during this thirty (30) day period, the
City, in its sole discretion, may terminate this Agreement on the thirtieth (30th) day. If
such termination occurs, the College's CSIC and FSRC will not be honored by City on
its buses, and the 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, the
City will not be liable to the College for any claimed damages, personal or property,
including any consequential damages, resulting from the loss of bus services under this
Agreement.
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 this
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. EXHIBITS. All exhibits given reference in or attached to this Agreement
and all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
SECTION 11. INDEMNIFICATION.
11.1 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.
11.2 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 12. 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
4
Agreement to designate Dubuque County, Iowa as the appropriate 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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: Candace Eudaley, Jule Transit Director
City of Dubuque
2417 Central Avenue
5
Dubuque, Iowa 52001
To College: Loras College
Attn: Art Sunleaf
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.
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 D I. BUQUE LORAS COLLEGE
By: L�, ' / B 3L
Mayor
Date: Date: .J4 /i// a a PI
ATTEST:
By:
6
By:
EXHIBIT A— SERVICE
College Route Program
Start
End
Hours
Days
Total Hours
Friday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and west end
and downtown destinations
6:00 pm
11:00 pm
5
40
200
Friday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and downtown
destinations
11:00 pm
2:40 am
3.5
40
140
Report Time:
.5
40
20
Saturday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and west end
and downtown destinations
6:00 pm
11:00 pm
5
40
200
Saturday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and downtown
destinations
11:00 pm
2:40 am
3.5
40
140
Report Time:
.5
40
20
7
EXHIBIT B — BUDGET
Budget Worksheet
For the Period August 1, 2014 — August 1, 2015
Includes unlimited bus service access
Includes Marketing Budget
Includes the following service:
College Route Program (Friday & Saturday, evening and late night service)
Extended Paratransit Service (Friday & Saturday, evening and late night service)
Service:
Cost of College Route Program Service including extended paratransit: $170,430
Cost Sharing
City, State and Federal Share:
College Share:
Other Partner Share:
$136,344.00
$11,362.00
$22,724.00
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EXHIBIT C - COLLEGE ROUTE PROGRAM
TRANSPORTATION AGREEMENT
BETWEEN
UNIVERSITY OF DUBUQUE
AND
THE CITY OF DUBUQUE, IOWA
This Agreement ("Agreement"), made this /%'day of ,.741...:1 , 2014, is by
and between City of Dubuque ("City"), through its Jule Transit System, and University of
Dubuque ("College").
Whereas, the City is a municipal transit utility, with a principal mailing address of
2401 Central Avenue, Dubuque, Iowa, 52001; and the College is an educational
institution with a principle mailing address of 2000 University, Dubuque, Iowa, 52001;
and
Whereas, the City provides regular service over established routes during
published hours and at published frequencies; and
Whereas, the City bus service provides a satisfactory means of transporting
college students, faculty, and staff to and from the College campus to destinations in the
community; and
Whereas, use of the City bus service by College students, faculty, and staff is
advantageous to the College in terms of minimizing the need for the 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 the College wishes to encourage the use of
the City bus service by College students, faculty, and staff. 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 the 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 and participating faculty and staff presenting a current and valid City ADA
Minibus ID Card in addition to their CSIC shall not be charged a fare.
Mag07022013
1.2 The College agrees to establish appropriate procedures to assure that one and
only one CSIC is distributed to each student enrolled at the college. If validation
becomes an issue, the City and the College will mutually agree to an alternative to the
identification card.
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 the
college. Any person violating these terms or conditions may be subject to disciplinary
action or prosecution by the City and/or the College.
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 with disabilities determined unable to utilize the 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. Participating faculty and staff presenting a current and
valid City ADA Minibus ID Card in addition to their 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 the
college. Any person violating these terms or conditions may be subject to disciplinary
action or prosecution by the City and/or the College.
SECTION 3. SERVICES.
3.1 The City shall provide its established and regularly publicized bus service and
any additional bus service it may activate.
3.2 The City shall also operate additional campus -oriented bus service, known as the
College Route Program (CRP), outlined in Exhibit A, during the following period:
Nightrider service beginning no later than August 15, 2014 and ending May 23,
2015.
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.
2
SECTION 4. TERM OF AGREEMENT. The term of this Agreement shall be August
1, 2014 through August 1, 2015. The City may provide the service in successive years
subject to mutually agreeable re -negotiation of a contract each year. If the College
desires to continue this program for a subsequent year, the City must receive written
notification of this intent and expected levels of service by December 1, 2014.
SECTION 5. COMPENSATION.
For the bus services provided herein, the College shall pay the City an amount as
detailed in Exhibit B shown as the College share.
The College shall pay to the City the College Share as calculated in Exhibit B according
to the following payment schedule:
1/2 College Share August 1, 2014 $5,681.00
1/2 College Share December 1, 2014 $5,681.00
SECTION 6. RECORDS. The City will keep ridership records of CRP usage and
provide ridership reports to the College at the conclusion of each semester. The College
and the City will work cooperatively to obtain and share any other information deemed
necessary by either or both parties.
SECTION 7. ADMINISTRATION.
7.1 The College does not have, and will not exercise any control over the City's
operation in connection with providing bus service. The 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 the
City only. The drivers are not agents or employees of the College.
7.2 Administration and management of the CRP are the sole responsibility of the
City.
7.3 Marketing and promotion of the CRP are the mutual responsibility of the City and
the 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. The 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, the 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 the College fails to make payment, as outlined in Section 5 above, the College
will be in default. The City will provide the College with thirty (30) days to cure this
3
default by compensating the City fully for the amount that is past due under the
Agreement. If the College fails to cure the default during this thirty (30) day period, the
City, in its sole discretion, may terminate this Agreement on the thirtieth (30th) day. If
such termination occurs, the College's CSIC and FSRC will not be honored by City on
its buses, and the 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, the
City will not be liable to the College for any claimed damages, personal or property,
including any consequential damages, resulting from the Toss of bus services under this
Agreement.
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 this
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. EXHIBITS. All exhibits given reference in or attached to this Agreement
and all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
SECTION 11. INDEMNIFICATION.
11.1 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.
11.2 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 12. 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
4
Agreement to designate Dubuque County, Iowa as the appropriate 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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: Candace Eudaley, Jule Transit Director
City of Dubuque
5
2417 Central Avenue
Dubuque, Iowa 52001
To College: University of Dubuque
Attn: Michael (Mick) Miyamoyto
2000 University Avenue
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.
THE CITY OF D - BUQUE UNIVERS TY OF ' UBUQUE
By: (9 L.f' .4 -
Mayor �- oy Buol /11'ec4,4'E2.-,y. 77-2 ya,ovzf /-2-.G
Date: g/� /
ATTEST:
By:f/ri%,
Ke in irnstahl, Ci y Cler
Date: %//y//
By:
EXHIBIT A— SERVICE
College Route Program
Start
End
Hours
Days
Total Hours
Friday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and west end
and downtown destinations
6:00 pm
11:00 pm
5
40
200
Friday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and downtown
destinations
11:00 pm
2:40 am
3.5
40
140
Report Time:
.5
40
20
Saturday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and west end
and downtown destinations
6:00 pm
11:00 pm
5
40
200
Saturday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and downtown
destinations
11:00 pm
2:40 am
3.5
40
140
Report Time:
.5
40
20
7
EXHIBIT B — BUDGET
Budget Worksheet
For the Period August 1, 2013 — August 1, 2014
Includes unlimited bus service access
Includes Marketing Budget
Includes the following service:
College Route Program (Friday & Saturday, evening and late night service)
Extended Paratransit Service (Friday & Saturday, evening and late night service)
Service:
Cost of College Route Program Service including extended paratransit:
$135,565.00
Cost Sharing
City, State and Federal Share:
College Share:
Other Partner Share:
$101,479.00
$11,362.00
$22,724.00
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EXHIBIT C - COLLEGE ROUTE PROGRAM
TRANSPORTATION AGREEMENT
BETWEEN
CLARKE UNIVERSITY
AND
THE CITY OF DUBUQUE, IOWA
This Agreement ("Agreement"), made this /J day of In , 2014, is by and
between City of Dubuque ("City"), through its Jule Transit System/and Clarke University
("College").
Whereas, the City is a municipal transit utility, with a principal mailing address of
2401 Central Avenue, Dubuque, Iowa, 52001; and the College is an educational
institution with a principle mailing address of 1550 Clarke Drive, Dubuque, Iowa, 52001;
and
Whereas, the City provides regular service over established routes during
published hours and at published frequencies; and
Whereas, the City bus service provides a satisfactory means of transporting
college students, faculty, and staff to and from the College campus to destinations in the
community; and
Whereas, use of the City bus service by College students, faculty, and staff is
advantageous to the College in terms of minimizing the need for the 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 the College wishes to encourage the use of
the City bus service by College students, faculty, and staff. 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 the 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 and participating faculty and staff presenting a current and valid City ADA
Minibus ID Card in addition to their CSIC shall not be charged a fare.
Mag07022013
1.2 The College agrees to establish appropriate procedures to assure that one and
only one CSIC is distributed to each student enrolled at the college. If validation
becomes an issue, the City and the College will mutually agree to an alternative to the
identification card.
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 the
college. Any person violating these terms or conditions may be subject to disciplinary
action or prosecution by the City and/or the College.
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 with disabilities determined unable to utilize the 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. Participating faculty and staff presenting a current and
valid City ADA Minibus ID Card in addition to their 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 the
college. Any person violating these terms or conditions may be subject to disciplinary
action or prosecution by the City and/or the College.
SECTION 3. SERVICES.
3.1 The City shall provide its established and regularly publicized bus service and
any additional bus service it may activate.
3.2 The City shall also operate additional campus -oriented bus service, known as the
College Route Program (CRP), outlined in Exhibit A, during the following period:
Nightrider service beginning no later than August 15, 2014 and ending May 23,
2015.
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.
2
SECTION 4. TERM OF AGREEMENT. The term of this Agreement shall be August
1, 2014 through August 1, 2015. The City may provide the service in successive years
subject to mutually agreeable re -negotiation of a contract each year. If the College
desires to continue this program for a subsequent year, the City must receive written
notification of this intent and expected levels of service by December 1, 2014.
SECTION 5. COMPENSATION.
For the bus services provided herein, the College shall pay the City an amount as
detailed in Exhibit 6 shown as the College share.
The College shall pay to the City the College Share as calculated in Exhibit B according
to the following payment schedule:
1/2 College Share October 1, 2014 $5,681.00
1/2 College Share March 1, 2014 $5,681.00
SECTION 6. RECORDS. The City will keep ridership records of CRP usage and
provide ridership reports to the College at the conclusion of each semester. The College
and the City will work cooperatively to obtain and share any other information deemed
necessary by either or both parties.
SECTION 7: ADMINISTRATION.
7.1 The College does not have, and will not exercise any control over the City's
operation in connection with providing bus service. The 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 the
City only. The drivers are not agents or employees of the College.
7.2 Administration and management of the CRP are the sole responsibility of the
City.
7.3 Marketing and promotion of the CRP are the mutual responsibility of the City and
the 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. The 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, the 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 the College fails to make payment, as outlined in Section 5 above, the College
will be in default. The City will provide the College with thirty (30) days to cure this
3
default by compensating the City fully for the amount that is past due under the
Agreement. If the College fails to cure the default during this thirty (30) day period, the
City, in its sole discretion, may terminate this Agreement on the thirtieth (30th) day. If
such termination occurs, the College's CSIC and FSRC will not be honored by City on
its buses, and the 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, the
City will not be liable to the College .for any claimed damages, personal or property,
including any consequential damages, resulting from the loss of bus services under this
Agreement.
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 this
time, the non -breaching party may terminate this agreement on forty-fifth (451h) 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. EXHIBITS. All exhibits given reference in or attached to this Agreement
and all attachments of mutually agreed upon modifications made by both parties are
hereby incorporated as though fully set forth herein.
SECTION 11. INDEMNIFICATION.
11.1 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.
11.2 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 12. 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
4
Agreement to designate Dubuque County, Iowa as the appropriate 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 mad e in writing and deposited in
the United States mail, registered and postage prepaid, and addressed as follows:
To City: Candace Eudaley, Jule Transit Director
City of Dubuque
5
2417 Central Avenue
Dubuque, Iowa 52001
To College: Clarke University
Attn: Kate Zanger
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.
THE CITY OF
By.
Date:
Mayor
UBUQUE
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ATTEST:
6
CLARKE UNIVERSITY
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EXHIBIT A - SERVICE
College Route Program
Start
End
Hours
Days
Total Hours
Friday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and west end
and downtown destinations
6:00 pm
11:00 pm
5
40
200
Friday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and downtown
destinations
11:00 pm
2:40 am
3.5
40
140
Report Time:
.5
40
20
Saturday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and west end
and downtown destinations
6:00 pm
11:00 pm
5
40
200
Saturday:
Thirty (30) minute service
between Clarke, Loras and
UD campuses and downtown
destinations
11:00 pm
2:40 am
3.5
40
140
Report Time:
.5
40
20
7
EXHIBIT B — BUDGET
Budget Worksheet
For the Period August 1, 2014 — August 1, 2015
Includes unlimited bus service access
Includes Marketing Budget
Includes the following service:
College Route Program (Friday & Saturday, evening and late night service)
Extended Paratransit Service (Friday & Saturday, evening and late night service)
Service:
Cost of College Route Program Service including extended paratransit: $170,430
Cost Sharing
City, State and Federal Share:
College Share:
Other Partner Share:
$136,344.00
$11,362.00
$22,724.00
8
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One 2 (Port of Dubuq�
=Iron Ltne 3 (Asbury Plaza(
- Ltne 4 (Wal-Mart)
® Jule Trevnsfer Point
0 Time Pain
EXHIBIT C - COLLEGE ROUTE PROGRAM