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.
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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:
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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.
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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
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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
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