Project Concern Drivers AgreeMEMORANDUM
February 12, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Project Concern Drivers Services Agreement
Fiscal Years 2002-2005
Economic Development Director Bill Baum is recommending approval of the Project
Concern Driver Services Agreement with KeyLine from January 1, 2002, to June 30,
2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Bill Baum, Economic Development Director
Keyline Transit
2401 Central Avenue
Dubuque, Iowa 52001-3302
Phone: (319) 589-4196
Fax: (319) 5894340
February 1, 2002
TO:
FR:
Subject:
Michael C. Van Milligen, City Manager
Bill Baum, Economic Development Director
Project Concern Drivers Services Agreement
Fiscal Years 2002-2005
INTRODUCTION
The purpose of the memorandum is to secure City Council approval of the
Project Concern Driver Services Agreement with KeyLine from January 1, 2002
to June 30, 2005.
DISCUSSION
The Project Concern Driver Services Agreement is a modification of the prior
Purchase of Services Agreement for minibus service in that the Driver Services
Agreement contracts only the driver and some of the dispatcher services.
Administration and scheduling of maintenance will be the function of KeyLine
Transit.
This Agreement provides for compensation for employee expense in an amount
not to exceed $115,500 in FY 2002, $217,344 in FY 2003 and $222,778 in FY
2004.
RECOMMENDATION
All contracts and agreements entered into by the Transit Board are subject to
review and approval by the City Council. This agreement has been fully executed
by the Transit board and the Project Concern Board of Directors. I would
recommend City Council approval of the agreement for driver services with
Project Concern.
Service People Integrity Responsibility Innovation Teamwork
BUDGETIMPACT
The fiscal year 2002 budget allocation for the Project Concern Driver Services
Agreement is $115,500 plus $14,487 for a decelerating administrative fee. The
Fiscal Year 2003 budget estimate for the agreement is $222,778 plus $48,000 for
a decelerating administrative fee. The Fiscal Year 2004 budget estimate for the
agreement is $222,778 plus $45,000 for a decelerating administrative fee.
ACTION TO BE TAKEN
The City Council is requested to approve the Agreement for Driver Services as
executed by the Transit Board.
Prepared by: Mark Munson, Transit Division Manager
AGREEMENT FOR DRIVER AND DISPATCHER SERVICES
BETWEEN
THE CITY OF DUBUQUE, KEYLINE TRANSIT
AND
PROJECT CONCERN, INC.
WHEREAS, The City of Dubuque, KeyLine Transit (the City) has been
officially designated as the urban transit agency for the City of Dubuque, Iowa;, and
WHEREAS, Project Concern, Inc: (the Agency) has provided transit services
under vadous contracts within the City of Dubuque service area,
NOW, THEREFORE, THE PARTIES DO HEREBY MUTUALLY AGREE AS
FOLLOWS:
A. Purpose and Term
1. The purpose of this Agreement is to provide for public transit service in
the City of Dubuque. Under the terms of this Agreement, drivers and dispatchers
identified in this agreement and employed by the Agency will be assigned to
schedules and mutes within the city limits of Dubuque as determined by the City.
Drivers and dispatchers will remain employees of the Agency and will continue to
be covered under the collective bargaining agreement between the Agency and the
General Drivers and Helpers Union Local 421 and the Policies and Procedures of
the Agency:
Employees assigned to Minibus services will receive their routes and
schedules from the Agency and as determined by from the City effective January
1,2001; Employees assigned to services which the City contracts to provide within
the city limits of Dubuque excluding Head Start and Daycare will receive their
mutes and schedules from the Agency and as determined by from the City
beginning July 1,2002. :Employees assigned t0 Head Start and Daycarecontracts
(services presently prOvided by RTA)will receive their, mutes and schedules from
the Agency and as determined bY fromthe City beginnlng July 1,2003. Asa ddver
identified in Appendix C leaves the employment of the Agency, the City will no
longer compensate the Agency for the expense of that driver. Dispatch positions
identified in Appendix C will be filled with dispatchers emPloyed by the City July 1,
2002.
2. The term of this Agreement shall begin on January 1, 2002 and continue
through June 30, 2005. The City shall have the right to (2) two one- year extensions
of this Agreement and shall provide the Agency written notice of the right to
exercise of such option not less than 90 days prior to the exPiration date of this
Agreement or an extension thereof. If the City exercises its option for the fiscal year
July 1,2006 to June 30, 2007, the parties shall mutually agree on the administrative
fee to be paid under Section F(2) hereof.
B. Description of Services
1. All transit services shall be provided in vehicles, to be provided by the
City, which are open to the general public without discrimination.
2. Service shall be provided as needed except on the following holidays:
New Years Day
Labor Day
Memorial Day Independence Day
Thanksgiving Day Christmas Day
3. Services shall be complimentary paratransit service, non-ADA demand
response service and non-ADA subscription service.
4. Fares shall be established by the City of Dubuque, KeyLine Transit
Trustee Board of Directors, and implemented and enforced by the City of Dubuque
KeyLine Transit staff. All fares shall be the sole property of and for the sole use of
the City.
C. Insurance
1. All policies of insurance raquirad hereunder shall be with an insurer
authorized to do business in Iowa. All insurers shall have a rating orA or better in
the current A.M. Best Rating Guide.
2. All policies of insurance required hereunder shall be endorsed to provide
a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the
policy pdor to its expiration date. This endorsement supersedes the standard
cancellation statement on the Certificate of Insurance.
3. The Agency shall fumish Certificates of Insurance to the City of Dubuque,
Iowa for evidencing the coverage required in Paragraph 8. Such certificates shall
include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence
inclusion in the policy.
4. Each Certificate of Insurance shall be submitted to the City Transit
Manager contracting department in the City of Dubuque, Iowa prior to
commencement of work/service under this Agreement. (The Transit Manager
contracting department shall submit the certificate to the Finance Director.)
5. The Commercial General Liability insurance required in Paragraph 87
shall include the City of Dubuque, Iowa under the Additional Insured Endorsement
(CG2026), AppendixA, and the Governmental Immunities Endorsement, Appendix
B.
2
6. Failure to provide evidence of minimum coverage shall not be deemed a
waiver of these requirements by the City of Dubuque. Agency failure to obtain or
maintain insurance requirement by this agreement shall be considered a material
breach of this agreement.
7. The Agency shall provide evidence of Employment Practices Liability
coverage naming the City as an additional insured.
8. The Agency shall be required to carry the following minimum insurance
coverage's or greater if required by law or other legal agreement:
WORKERS COMPENSATION AND EMPLOYERS LIABILITY:
The limit of coverage for employer's liability shall be at least $100,000 each
accident, $100,000 each employee by disease, and $500,000 policy limit for
bodily injury by disease.
Policy shall include an endorsement waiving dght of recovery against City of
Dubuque, Iowa.
COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
Commercial general liability shall be wdtten on an occurranca form, not a claims
made form. Coverage to include premises-operations-product-completed
operations, independent contractors coverage, contractual liability, broad form
property damage, and personal injury.
D. Responsibility of the City
1. It is the intention of the parties hereto that the Agency shall be deemed to
be an independent cantractor for ail purposes underthis Agreement. Nothing herein
shall be construed to create an employer-employee relationship between the City
and the Agency or between the City and any of the Agency's employees.
2. The City shall be responsible for the dissemination of information about
transit services which the City intends to provide.
3. The City shall maintain accounting and statistical records for all services
rendered and all fares and other revenues collected.
4. The City shall indemnify and hold the Agency harmless from ail losses,
damage, claims, demands, liabilities, suits or proceedings, including court costs,
attorney's and witness' fees relating to loss or damage to property or to injury or
death of any person arising out of the negligence of the City or its officers and
employees.
5. The City shall notify the Transit Director at the Agency of any performance
issues involving ddvers and dispatchers covered under this Agreement,
E. Responsibilities of Proiect Concern
1. The Agency shall employ and train the personnel identified in Appendix
C. The Agency shall require that drivers shall at all times while employed by the
Agency maintain valid Commercial Ddvers Licenses.
2. The Agency's employees, identified in Appendix C, shall be paid wages
and benefits by the Agency as determined under the collective bargaining
agreement between the Agency and the bargaining unit representing the drivers
employed by the Agency as of the date of this Agreement. As each such employee
retires, resigns or is otherwise terminated from employment with the Agency, the
City shall no longer compensate the Agency for the expense of such employee and
the Agency shall no longer have the responsibility of providing an employee for
such position. If the City, in its sole discretion, determines to fill the vacated
position, the City shall hire, train and employ the individual to fill the position.
In the event a ddver vacancy occurs in a position pdor to the position's
phase-in under paragraph A(1) hereof, the Agency may, at its option, fill the
vacancy of a position which was full time with a full time driver or a part time ddver
and may fill the vacancy of a part time position only with a part time driver.
3. The Agency shall be responsible for hiring, firing and administering any
disciplinary procedures to its employees. However, the City reserves the right not
to reject a driver or dispatcher employed by the Agency, if in the City's reasonable
judgment, such driver or dispatcher is not qualified or fit to perform the services
required by this Agreement.
4. The Agency shall comply with all applicable state, federal and local 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.
5. The Agency shall secure and furnish to the City Annual Motor Vehicle
Reports on all its ddvers who perform services covered under this Agreement.
,. 4
6. The Agency shall secure an independent annual audit of its transportation
services provided under this Agreement and shall provide a copy of the audit report
to the City of Dubuque and two (2) copies to Iowa Department of Transportation,
Office of Public Transit, 800 Lincoln Way, Ames IA 50010.
7. The Agency shall indemnity and hold the City harmless for all losses,
damage, claims, demands, liabilities, suits or proceedings, including court costs,
attorney's and witness' fees relating to loss or damage to property or to injury or
death of any person adsing out of the negligence of the Agency or and its officers
and employees.
F. Compensation
1. The City shall pay to the Agency an amount which shall constitute
complete reimbursement for the Agency's employee expenses including wages,
workers compensation, health insurance, FICA, life insurance, allowance for any
uniforms provided by the Agency, retirement benefit and state unemployment
insurance dudng the term of this Agreement:
Such sum shall be paid to the Agency upon receipt from the Agency by the
City by the fifth day of each month following the month for which services were
provided, of two (2) copies of a request for reimbursement together with a ledger
sheet detailing the actual expenditures, all in a form acceptable to the City.
In addition to reimbursement for the Agency's employee expense expenses
as provided in paragraph 1, above, the following administrative fee shall be paid
annually to Project Concern at the following rate:
$ 14,497'
$ 60,000
$ 45,000
$ 30,000
$ 15,000
January 1, 2002 to June 30, 2002
July 1, 2002 to June 30, 2003
July 1, 2003 to June 30, 2004
July 1, 2004 to June 30, 2005
July 1, 2005 to June 30, 2006
*Fee based on % year of minibus service @ $.70 per ride.
The administrative fee shall be paid to the Agency on a prorated monthly basis
together along with the reimbursement payment for the Agency's employee
expenses.
2. Pdor to inception of this Agreement, the City shall advance to the Agency
an amount estimated to be sufficient the Agency's first payroll under this
Agreement. Prior to inception of this Agreement, the City Transit Manager and the
Agency Transit Director shall mutually agree on the amount of the advance.
Thereafter the reports required of the Agency by subparagraph 1 of this paragraph
shall be reconciled with the advance made by City.
5
G. Reporting
1. The fully allocated operating costs under this Agreement shall be
estimated annually based on the Agency's estimated annual driver employee
expenses including all wages, workers compensation, health insurance, FICA, life
insurance, retirement benefit and state unemployment insurance for the Agency's
of ddvers and dispatchers who will provide services operating under this Agreement
and the estimated annual service hours to be provided.
2. Detailed itemized reports for the previous month of all ddver expenses
incurred for services provided covered under this Agreement, including driver
names, hours worked, hourly wage and benefits paid for the period billed, shall be
reported with each monthly billing based on the previous month.
H. Entire Aqreement
This Agreement contains the entire agreement between the Agency and the
City of Dubuque. There are no other agreements or understandings, wdtten or
verbal.
I. Amendments
Any amendments to this Agreement shall be in writing and mutually agreed
upon by the Agency both Project Concern and the City.
J. Termination
Either party may terminate this Agreement by giving written notice to the
other party not less than 90 days prior to the effective date of termination, provided,
however, if the City terminates this Agreement prior to June 30, 2006, the City shall
continue to pay the administrative fee provided for in paragraph F hereof according
to the terms of said paragraph.
K. Saving Clause
If any provision of this Agreement is determined to be unenforceable by a
court of law, all other provisions shall remain in effect.
L. Assiqnability
This Agreement shall not be assigned by the Agency without the express
wdtten approval of the City.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
By:,
CITY OF DUBUQUE, KEYLINE TRANSIT
Harry J. ~e~is, Chairman
Dubuque T~ansit Trustee Board
PROJECT CONCERN, INC.
By: ~/~.¢¢.¢..~ ~~~
v Nancy(COurley' Chairp/~son
Corporation Board of Directors
(~.~,.,]/,44pRovED as to legal form this_~¢
.2002.
day of
Barry Lindahl
Corporation Counsel
APPENDIX A
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees, and volunteers.
(If no entry appears above, information required to complete this endorsement
will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the
person or organization shown in the Schedule as an insured but only with
respect to liability arising out of your operations or premises owned by or rented
to you.
CG 20 26 11 85
APPENDIX B
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
Nonwaiver of Govemmental Immunity. The insurance carrier expressly
agrees and states that the purchase of this policy and the including of the
City of Dubuque, Iowa as an Additional Insured does not waive any of the
defenses of govemmental immunity available to the City of Dubuque,
Iowa under Code of Iowa Section 670.4 as it now exists and as it may be
amended from time to time.
Claims Coveraqe. The insurance carder further agrees that this policy of
insurance shall cover only those claims not subject to the defense of
governmental immunity under the Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time. Those claims not
subject to Code of Iowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
Assertion of Government Immunity. The City of Dubuque, Iowa shall be
responsible for asserting any defense of governmental immunity, and may
do so at any time and shall do so upon the timely written request of the
insurance carrier.
Non-Denial of Coveraqe. The insurance carder shall not deny coverage
under this policy and the insurance carrier shall not deny any of the rights
and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent
jurisdiction has ruled in favor of the defense(s) of governmental immunity
asserted y the City of Dubuque, iowa.
No Other Chanqe in Policy. The above preservation of governmental immunities
shall not otherwise change or alter the coverage available under the policy.
10
APPENDIX C
PROJECT CONCERN COVERED EMPLOYEES
[Employee name, wage rate, workers compensation rate, health insurance
benefit, retirement benefit, FICA and state unemployment tax rate shall be listed
on this Appendix once it is furnished by the Agency.]
February 5, 2002
Dubuque Co Ddvers Meeting
It was agreed upon by the union body with John Rosenthal and myself present,
that the following drivers will be the ones going to Minibus in the first faze of the
conversion.
Denny Corkery
Al Krolick
Deb Richardson
Dan Tuthill
Wally Davis
Sincerely yours,
Gary Wagner
Transit Operations Manager
AGREEMENT FOR DRIVER AND DISPATCHER SERVICER
BETWEEN
THE CITY OF DUBUQUE, KEYLINE TRANSIT
AND
PROJECT CONCERN, INC.
WHEREAS, The City of Dubuque, KeyLine Transit (the City) has been
officially designated as the urban transit agency for the City of Dubuque, Iowa;, and
WHEREAS, Project Concern, Inc. (the Agency) has provided transit services
under various contracts within the City of Dubuque service area,
NOW, THEREFORE, THE PARTIES DO HEREBY MUTUALLYAGREE AS
FOLLOWS:
A. Purpose and Term
1. The purpose of this Agreement is to provide for public transit services in
the City of Dubuque. Under the terms of this Agreement, drivers and dispatchers
identified in this agreement and employed by the Agency will be assigned to
schedules and routes within the city limits of Dubuque as determined by the City.
Drivers and dispatchers will remain employees of the Agency and will continue to
be covered under the collective bargaining agreement between the Agency and the
General Drivers and Helpers Union Local 421 and the Policies and Procedures of
the Agency.
Employees assigned to Minibus services will receive their routes and
schedules from the Agency and as determined by from the City effective January
1,2001. Employees assigned to services which the City contracts to provide within
the city limits of Dubuque excluding Head Start and Daycare will receive their
routes and schedules from the Agency and as determined by from the City
beginning July 1,2002. Employees assigned to Head Start and Daycare contracts
(services presently provided by RTA) will receive their routes and schedules from
the Agency and as determined by from the City beginning July 1,2003. As a driver
identified in Appendix C leaves the employment of the Agency, the City will no
longer compensate the Agency for the expense of that driver. Dispatch positions
identified in Appendix C will be filled with dispatchers employed by the City July 1,
2002.
2. The term of this Agreement shall begin on January 1,2002 and continue
through June 30, 2005. The City shall have the right to (2) two one- year extensions
of this Agreement and shall provide the Agency written notice of the right to
exercise of such option not less than 90 days prior to the expiration date of this
Agreement or an extension thereof. If the City exercises its option for the fiscal year
July 1,2006 to June 30, 2007, the parties shall mutually agree on the administrative
fee to be paid under Section F(2) hereof.
B. Description of Services
1. All transit services shall be provided in vehicles, to be provided by the
City, which are open to the general public without discrimination.
2. Service shall be provided as needed except on the following holidays:
New Yea¢s Day
Labor Day
Memorial Day Independence Day
Thanksgiving Day Christmas Day
3. Services shall be complimentary paratransit service, non-ADA demand
response service and non-ADA subscription service.
4. Fares shall be established by the City of Dubuque, KeyLine Transit
Trustee Board of Directors, and implemented and enforced by the City of Dubuque
KeyLine Transit staff. All fares shall be the sole property of and for the sole use of
the City.
C. Insurance
1. All policies of insurance required hereunder shall be with an insurer
authorized to do business in Iowa. All insurers shall have a rating ora or better in
the current A.M. Best Rating Guide.
2. All policies of insurance required hereunder shall be endorsed to provide
a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the
policy prior to its expiration date. This endorsement supersedes the standard
cancellation statement on the Certificate of Insurance.
3. The Agency shall furnish Certificates of Insurance to the City of Dubuque,
Iowa for evidencing the coverage required in Paragraph 8. Such certificates shall
include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence
inclusion in the policy.
4. Each Certificate of Insurance shall be submitted to the City Transit
Manager contracting department in the City of Dubuque, Iowa pdor to
commencement of work/service under this Agreement. (The Transit Manager
contracting department shall submit the certificate to the Finance Director.)
5. The Commercial General Liability insurance required in Paragraph 87
shall include the City of Dubuque, Iowa under the Additional Insured Endorsement
(CG2026), Appendix A, and the Governmental Immunities Endorsement, Appendix
B.
6. Failure to provide evidence of minimum coverage shall not be deemed a
waiver of these requirements by the City of Dubuque. Agency failure to obtain or
maintain insurance requirement by this agreement shall be considered a material
breach of this agreement.
7. The Agency shall provide evidence of Employment Practices Liability
coverage naming the City as an additional insured.
8. The Agency shall be required to carry the following minimum insurance
coverage's or greater if required by law or other legal agreement:
WORKERS COMPENSATION AND EMPLOYERS LIABILITY:
The limit of coverage for employer's liability shall be at least $100,000 each
accident, $100,000 each employee by disease, and $500,000 policy limit for
bodily injury by disease.
Policy shall include an endorsement waiving right of recovery against City of
Dubuque, Iowa.
COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
Commercial general liability shall be written on an occurrence form, not a claims
made form. Coverage to include premises-operations-product-completed
operations, independent contractors coverage, contractual liability, broad form
property damage, and personal injury.
D. Responsibility of the City
1. It is the intention of the parties hereto that the Agency shall be deemed to
be an independent contractor for all purposes under this Agreement. Nothing herein
shall be construed to create an employer-employee relationship between the City
and the Agency or between the City and any of the Agency's employees.
2. The City shall be responsible for the dissemination of information about
transit services which the City intends to provide.
3. The City shall maintain accounting and statistical records for all services
rendered and all fares and other revenues collected.
4. The City shall indemnify and hold the Agency harmless from all losses,
damage, claims, demands, liabilities, suits or proceedings, including court costs,
attorney's and witness' fees relating to loss or damage to property or to injury or
death of any person arising out of the negligence of the City or its officers and
employees.
5. The City shall notify the Transit Director at the Agency of any performance
issues involving ddvers and dispatchers covered under this Agreement.
E. Responsibilities of Project Concern
1. The Agency shall employ and train the personnel identified in Appendix
C. The Agency shall require that drivers shall at all times while employed by the
Agency maintain valid Commercial Drivers Licenses.
2. The Agency's employees, identified in Appendix C, shall be paid wages
and benefits by the Agency as determined under the collective bargaining
agreement between the Agency and the bargaining unit representing the drivers
employed by the Agency as of the date of this Agreement. As each such employee
retires, resigns or is otherwise terminated from employment with the Agency, the
City shall no longer compensate the Agency for the expense of such employee and
the Agency shall no longer have the responsibility of providing an employee for
such position. If the City, in its sole discretion, determines to fill the vacated
position, the City shall hire, train and employ the individual to fill the position.
In the event a driver vacancy occurs in a position prior to the position's
phase-in under paragraph A(1) hereof, the Agency may, at its option, fill the
vacancy of a position which was full time with a full time driver or a part time driver
and may fill the vacancy of a part time position only with a part time driver.
3. The Agency shall be responsible for hiring, firing and administering any
disciplinary procedures to its employees. However, the City reserves the right not
to reject a driver or dispatcher employed by the Agency, if in the City's reasonable
judgment, such driver or dispatcher is not qualified or fit to perform the services
required by this Agreement.
4. The Agency shall comply with all applicable state, federal and local 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.
5. The Agency shall secure and furnish to the City Annual Motor Vehicle
Reports on all its drivers who perform services covered under this Agreement.
4
6. The Agency shall secure an independent annual audit of its transportation
services provided under this Agreement and shall provide a copy of the audit report
to the City of Dubuque and two (2) copies to Iowa Department of Transportation,
Office of Public Transit, 800 Lincoln Way, Ames IA 50010.
7. The Agency shall indemnify and hold the City harmless for all losses,
damage, claims, demands, liabilities, suits or proceedings, including court costs,
attorney's and witness' fees relating to loss or damage to property or to injury or
death of any person arising out of the negligence of the Agency or and its officers
and employees.
F. Compensation
1. The City shall pay to the Agency an amount which shall constitute
complete reimbursement for the Agency's employee expenses including wages,
workers compensation, health insurance, FICA, life insurance, allowance for any
uniforms provided by the Agency, retirement benefit and state unemployment
insurance dudng the term of this Agreement:
Such sum shall be paid to the Agency upon receipt from the Agency by the
City by the fifth day of each month following the month for which services were
provided, of two (2) copies of a request for reimbursement together with a ledger
sheet detailing the actual expenditures, all in a form acceptable to the City.
In addition to reimbursement for the Agency's employee expense expenses
as provided in paragraph 1, above, the following administrative fee shall be paid
annually to Project Concern at the following rate:
$14,497'
$ 60,000
$ 45,000
$ 30,000
$15,000
January 1, 2002 to June 30, 2002
July 1, 2002 to June 30, 2003
July 1,2003 to June 30, 2004
July 1, 2004 to June 30, 2005
July 1, 2005 to June 30, 2006
*Fee based on ¼ year of minibus service @ $.70 per ride.
The administrative fee shall be paid to the Agency on a prorated monthly basis
together along with the reimbursement payment for the Agency's employee
expenses.
2. Prior to inception of this Agreement, the City shall advance to the Agency
an amount estimated to be sufficient the Agency's first payroll under this
Agreement. Pdor to inception of this Agreement, the City Transit Manager and the
Agency Transit Director shall mutually agree on the amount of the advance.
Thereafter the reports required of the Agency by subparagraph 1 of this paragraph
shall be reconciled with the advance made by City.
5
G. Reporting
1. The fully allocated operating costs under this Agreement shall be
estimated annually based on the Agency's estimated annual driver employee
expenses including all wages, workers compensation, health insurance, FICA, life
insurance, retirement benefit and state unemployment insurance for the Agency's
of drivers and dispatchers who will provide services operating under this Agreement
and the estimated annual service hours to be provided.
2. Detailed itemized reports for the previous month of all driver expenses
incurred for services provided covered under this Agreement, including driver
names, hours worked, hourly wage and benefits paid for the pedod billed, shall be
reported with each monthly billing based on the previous month.
H. Entire Agreement
This Agreement contains the entire agreement between the Agency and the
City of Dubuque. There are no other agreements or understandings, written or
verbal.
I. Amendments
Any amendments to this Agreement shall be in writing and mutually agreed
upon by the Agency both Project Concern and the City.
J. Termination
Either party may terminate this Agreement by giving written notice to the
other party not less than 90 days prior to the effective date of termination, provided,
however, if the City terminates this Agreement prior to June 30, 2006, the City shall
continue to pay the administrative fee provided for in paragraph F hereof according
to the terms of said paragraph.
K. Savinq Clause
If any provision of this Agreement is determined to be unenforceable by a
court of law, all other provisions shall remain in effect.
L. Assignability
This Agreement shall not be assigned by the Agency without the express
wdtten approval of the City.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
By:
CITY OF DUBUQUE, KEYLINE TRANSIT
Harry J~,~mis, Chairman
Dubuc~e~Transit Trustee Board
PROJECT CONCERN, INC.
By: ~ ,.
Nancy}~urle~
Corpor~ation Board of Directors
~.,~/.,¢~,~ROVED as to legal form this
2002.
day of
Barry Lindahl
Corporation Counsel
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
By:
CITY OF DUBUQUE, KEYLINE TRANSIT
By:
Harry J. ferns, Chairman
Dubuque Transit Trustee Board
PROJECT CONCERN, INC.
By:
Nancy ourley, Chairp rson
Corporation Board of 'rectors
APPROVED as to legal form this) day of
2002.
Barry Lindahl
Corporation Counsel
��,/��.�
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APPENDIX A
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees, and volunteers.
(If no entry appears above, information required to complete this endorsement
will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the
person or organization shown in the Schedule as an insured but only with
respect to liability arising out of your operations or premises owned by or rented
to you.
CG 20 26 11 85
APPENDIX B
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
Nonwaiver of Governmental Immunity. The insurance carrier expressly
agrees and states that the pumhase of this policy and the including of the
City of Dubuque, Iowa as an Additional Insured does not waive any of the
defenses of governmental immunity available to the City of Dubuque,
Iowa under Code of Iowa Section 670.4 as it now exists and as it may be
amended from time to time.
Claims Coveraqe. The insurance carrier further agrees that this policy of
insurance shall cover only those claims not subject to the defense of
governmental immunity under the Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time. Those claims not
subject to Code of Iowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be
responsible for asserting any defense of governmental immunity, and may
do so at any time and shall do so upon the timely written request of the
insurance carrier.
Non-Denial of Coverage. The insurance carrier shall not deny coverage
under this policy and the insurance carrier shall not deny any of the rights
and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent
jurisdiction has ruled in favor of the defense(s) of governmental immunity
asserted y the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities
shall not otherwise change or alter the coverage available under the policy.
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APPENDIX C
PROJECT CONCERN COVERED EMPLOYEES
[Employee name, wage rate, workers compensation rate, health insurance
benefit, retirement benefit, FICA and state unemployment tax rate shall be listed
on this Appendix once it is furnished by the Agency.]
February 5, 2002
Dubuque Co Drivers Meeting
It was agreed upon by the union body with John Rosenthal and myself present,
that the following drivers will be the ones going to Minibus in the first faze of the
conversion.
Denny Corkery
Al Krolick
Deb Richardson
Dan Tuthill
Wally Davis
Sincerely yours,
Gary Wagner
Transit Operations Manager