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East Dbq Agree - Minibus servicMEMORANDUM February 12, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager City of East Dubuque Intergovernmental Agreement Fiscal Years 2002-2003 Economic Development Director Bill Baum is recommending approval of the East Dubuque Intergovernmental Agreement with KeyLine for the purchase of minibus service from the City of Dubuque from March 1, 2002, to June 30, 2003. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh A~lachment 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) 589-4340 February 1,2002 TO: FR: Subject: Michael C. Van Milligen, City Manager Bill Baum, Economic Development Director City of East Dubuque Intergovernmental Agreement Fiscal Years 2002-2003 INTRODUCTION The purpose of the memorandum is to secure City Council approval of the East Dubuque Intergovernmental Agreement with KeyLine from March 1,2002 to June 30, 2003. DISCUSSION The East Dubuque Intergovernmental Agreement is for the purchase of minibus service from the City of Dubuque. Administration, scheduling, delivery of service and vehicle maintenance will be the function of KeyLine Transit. This Agreement provides 'for compensation in an amount not to exceed $18,000. 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 intergovernmental agreement with the City of East Dubuque. Service People Integrity Responsibility Innovation Teamwork BUDGET IMPACT The fiscal year 2002 - 2003 budget allocation for the intergovernmental agreement with the City of East Dubuque is $18,000. ACTION TO BE TAKEN The City Council iS requested to approve the Intergovernmental Agreement as executed by the Transit Board. Prepared by: Mark Munson, Transit Division Manager INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF EAST DUBUQUE, ILLINOIS AND THE CITY OF DUBUQUE, IOWA THIS AGREEMENT is entered into this 1st day of February, 2002 by and between the City of East Dubuque Illinois, a municipal corporation, herein called East Dubuque and the City of Dubuque Iowa, a municipal corporation, herein called Dubuque. WHEREAS, East Dubuque has acquired and is the owner of one (1) twelve passenger Collins small bus, one (1) four passenger ADA minivan herein called "minibuses," each lift equipped to accommodate wheel chairs, and WHEREAS, Dubuque presently operates the minibus service in Dubuque, Iowa to accommodate the transportation needs of elderly and disabled persons; and WHEREAS, it is deemed to be in the best interest of East Dubuque and Dubuque to operate the minibuses within the Dubuque and East Dubuque urban area, in order to better serve the transportation needs of the general public. NOW THEREFORE, in consideration of the mutual conditions and covenants contained in this Agreement, East Dubuque and Dubuque agree as follows: 1. Terms of Agreement This Agreement shall be for the period beginning March 1, 2002 through June 30, 2003. 2. Scope of Service East Dubuque agrees to provide Dubuque for its use in conjunction with this Agreement at no charge the following described mini- buses: City of East Dubuque Vehicle Number 1FDKE30G3THB08834 2FMDA5144TBC61367 Vehicle Description 1997 Ford El Dorrado Bus 1996 Ford Wind Star Mini Van Dubuque agrees to operate the mini-buses over and on demand response routes and on schedules Monday through Friday, holidays excepted, within the hours of 9:30 A.M. and 1:30 P.M. at a cost to Dubuque not to exceed $18,000. Dubuque agrees to provide service beyond the contract limit subject to a negotiated contract increase with East Dubuque. Dubuque will operate one East Dubuque-owned bus and one minivan described in the Scope of Services section of this Agreement. East Dubuque will replace equipment according to their capital replacement schedule with the Federal Transit Administration and the State of Illinois. Compensation East Dubuque shall pay to Dubuque $21.70 per hour not to exceed $18,000 subject to the terms stated in section 2b of this Agreement, for services to be rendered during the term of this Agreement. (Agreement limit covers 18 months) Such sum shall be paid to Dubuque upon receipt from Dubuque by East Dubuque and by the tenth (10th) day of each month following the month for which services were provided, of a request for reimbursement in two (2) copies. All farebox contributions received by Dubuque from the operation of the minibus service shall be first deducted from its expenditures before determining the amount due from East Dubuque. Dubuque agrees to establish and maintain the current cash fare structure, which are as follows: - One dollar and fifty cent ($1.50) per ride donation for the general public, except to Westside Medical Associates. - Two dollar (92.00) per ride donation to Westside Medical Associates. There shall be no fare increase by Dubuque except as permitted by the procedures established in the Fare increase and Service Changes Process adopted by the East Dubuque City Council. 2 Maintenance and Security Dubuque agrees to service and maintain the mini-buses in accordance with the manufacturer's recommendations and to perform preventive maintenance and reasonable repairs as to keep the equipment in good operating condition. A prorated cost for major repairs shall be billed to East Dubuque in addition to the contract limit based upon the percentage of mileage that East Dubuque service generates towards the overall vehicle mileage. Upon expiration of this Agreement, or upon termination of the Agreement for any cause, the mini-buses shall be returned by Dubuque to East Dubuque in the same condition as received, subject to reasonable wear and tear. Dubuque shall take reasonable steps to safeguard the mini-buses and take whatever steps are necessary to protect the mini-buses from acts of vandalism or other damage during the term of this Agreement. Dubuque shall report all damage to East Dubuque-owned mini-buses. Transit Operators Dubuque shall provide training to all drivers in the following areas: First Aid, CPR, Drug and Alcohol Testing, Sensitivity, Lift Operation and Safe Driving Dubuque shall determine that all personnel who operate the mini-buses possess a valid commercial drivers license (CDL) and that said operators shall have in their possession such CDL licenses when operating the mini-buses. Dubuque shall not knowingly permit any operator to operate any such vehicle while sueh operator's driving privileges have been revoked, canceled, suspended or expired. Privacy of Patrons Dubuque shall determine the qualifications of persons utilizing the minibus service and maintain the anonymity and privacy of such persons. Insurance Dubuque has provided a copy of it's insurance coverage to East Dubuque and such coverage is accepted by East Dubuque. Dubuque 3 do will carry the motor vehicle coverage as stated in Appendix A, and names East Dubuque as an additional member under Dubuque's policy. Dubuque shall immediately notify East Dubuque City Manager of any accident involving a City of East Dubuque owned vehicle. Drivers shall notify the police in the event of an accident involving another motorist in traffic or when personal injury has occurred. Property damage shall be reported to East Dubuque City Manager. Dubuque shall indemnify and save harmless East Dubuque against any and all claim, losses, judgments, costs and expenses which East Dubuque may hereafter suffer, incur, be put to, pay or lay out by reason of the negligent actions of Dubuque in carrying out the terms of this Agreement. Records Dubuque shall comply with all requirements imposed by the Federal Transit Administration upon East Dubuque including but not limited to special requirements of law, program requirements and other administrative requirements approved in accordance with Federal Circular A-102. Dubuque acknowledges that the mini-buses are made available to East Dubuque through a Capital Assistance Grant pursuant to Section 5 of the Urban Mass Transportation Act. of 1964, as amended, and are subject to audit and performance evaluation to insure that the activities relating thereto are pursuant to requirements of the Act. Dubuque shall maintain books of account in accordance with accepted accounting standards and practices together with the necessary documentation to support all activities. Dubuque shall give East Dubuque, Federal Transit Administration and the Comptroller General of the United States, or any authorized representative of each, access to and the right to examine all records, books, papers and documents relating to the subject of this Agreement. In addition to the foregoing, Dubuque shall maintain the following specific records and provide East Dubuque access to such records for review and audit: Time records Requests for reimbursements and supporting documents 10. Purchase orders Delivery of services Service, maintenance and mileage records Dubuque shall maintain all records pertaining to the operation of the mini-buses for not less than three years after the end of the federal fiscal year to which they pertain or 3 years after the conclusion of any litigation related to the operations whichever occurs later. Compliance with Law Dubuque shall at its expense comply with all applicable laws, ordinances and codes of the federal, state and local governments, including but not limited to any applicable laws and regulations that are in effect pursuant to the Americans with Disabilities Act (ADA). Dubuque shall comply with all applicable federal, state and local laws and regulations pertaining to wages and hours of employment of personnel. Civil Rights Dubuque shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of the Act, no person shall, on the grounds of race, color, or national origin be .excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which Dubuque receives financial assistance. Dubuque shall immediately take measures necessary to effectuate this Agreement. Dubuque agrees that routing, scheduling quality of service, frequency of service, age and quality of vehicle assigned to routes, quality of stations serving different, routes and location of routes shall not be determined on the basis of race, color, sex, age, national origin, religion or disability, except as otherwise provided by law. Dubuque shall comply with title VI of the Civil Rights Act of 1964 (42 USC), the Iowa Civil Rights Act (Iowa Code Chapter 601A) and City of East Dubuque Human Rights Ordinance. In the event Dubuque is in noncompliance with the nondiscrimination provisions of this Agreement, East Dubuque shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but no limited to: 5 11. 1. Withholding payments due Dubuque under this Agreement, until Dubuque complies, and/or 2. Cancellation, termination or suspension of this Agreement in whole or in part. Dubuque agrees that the United States has the right to seek judicial enforcement with regard to any matter arising under the Title VI of the Civil Rights Act of 1964, and regulations implementing such Act. Interest of Members, Officers, or Employees of the City of East Dubuque, Members of the East Dubuque City Council or Other Public Officials No member, officer or employee of East Dubuque, or its designates or agents, no member of the East Dubuque City Council and no other public official of East Dubuque who exercises any function or responsibilities with respect to the program during such persons' tenure, shall have any interest, direct or indirect, in this contract or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 12. Assignment 13. Dubuque reserves the right to assign any interest in this Agreement to Project Concern, Inc. under Dubuque's purchase of service agreement with Project Concern, Inc. for minibus driver services. Termination This Agreement may be terminated for any reason by either party giving thirty (30) days notice in writing to the other party. However, East Dubuque may terminate this agreement by giving ten (10) days notice in writing for failure of Dubuque to comply with any material term of this Agreement. There is no obligation on the part of either party to continue or to renew this Agreement upon its expiration or termination. 6 WITNESS~ Nan~y Roep~e City Clerk IN WITNESS WHEREOF, the parties hereto have signed this Agreement in two copies. CITY O~F~EAST D/UBU~ Cit~ger CITY OF DUBUQUE, KEYLINE TRANSIT Chairman Dubuque Transit Trustee Board APPROVED as to legal form this day of ,2002. Corporation Counsel 7 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in two copies. WITNESS CITY OF EAST D a Nancy Roepkle Mick Mi' hel City Clerk City Man.-ger CITY OF DUBUQUE, KEYLINE TRANSIT By: Harry e4is Chairman Dubuque Transit Trustee Board APPROVED as to legal form this ge,day of ' 002. orporation Counsel 7