College Transit Partnership Contracts 2016-2017 Copyright 2014
City of Dubuque Consent Items # 10.
ITEM TITLE: College Transit Partnership Contracts
SUMMARY: City Manager recommending approval of the contracts with
Clarke University, Loras College and University of Dubuque
for continuation of the college partnership for the 2016-
2017 school year.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
College and University Partnership Contracts-MVM City Manager Memo
Memo
Staff memo Staff Memo
Loras College Contract Supporting Documentation
Clarke University Contract Supporting Documentation
University of Dubuque Contract Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
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 14, 2016
Clarke University, Loras College and University of Dubuque, have partnered with The
Jule over the past four years to fund the local match portion of the Iowa Clean Air
Attainment (ICAAP) grant for the Nightrider evening service. FY17 is the first year
where grant funds are no longer available for the service. With this in mind, staff
worked with the three schools and other local partners to develop a funding plan for
FY17 and a process for more detailed ridership tracking. The three colleges will fund
75% of the cost of the Nightrider service and the City will fund the remaining 25%
($21,070) through the $30,350 appropriation approved during the Fiscal Year 2017
budget process. These ratios are based on usage rates by college students versus
non-college students.
Transit Manager Candace Eudaley recommends City Council approval of the contracts
with Clarke University, Loras College and University of Dubuque for continuation of the
college partnership for the 2016-2017 school year.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Candace Eudaley, Transit Manager
Maurice Jones, Economic Development Director
THE CITY OF Dubuque
DUB
E A11-America City
1
Masterpiece on the Mississippi 1111.1
2007•2012•2013
TO: Michael Van Milligen, City Manager
FROM: Candace Eudaley, Transit Manager
RE: College and University Partnership — Contracts for Approval
DATE: July 6, 2016
PURPOSE
To request approval of the contracts for College/University Transit Partnership with Clarke
University, Loras College and University of Dubuque for the 2016-2017 school year.
BACKGROUND
The following three colleges and universities Clarke University, Loras College and University of
Dubuque, have partnered with The Jule over the past four years to fund the local match portion
of the Iowa Clean Air Attainment (ICAAP) grant for the Nightrider evening service.
The ICAAP grant provided partial funding for FY16. An improvement level request was
submitted and approved during the FY16 budget process for the remaining funds for that year.
FY17 is the first year where grant funds are no longer available for the service. With this in
mind, staff worked with the three schools and other local partners to develop a funding plan for
FY17 and a process for more detailed ridership tracking. During the budget process
negotiations were not yet complete so staff provided an estimate to be used until agreements
could be finalized.
The three colleges have committed to fund 75% of the cost of the Nightrider service and the City
will fund the remaining 25% through local property tax support. These ratios are based on
usage rates by college students versus non-college students.
DISCUSSION
The schools have agreed to continue their support of the service at an increased level and the
amounts paid by each school have been established based on undergraduate enrollment. Each
school is responsible for paying their portion of the total and this year, all are receiving private
donations to assist with their contract amount.
In exchange for these funds, each school receives unlimited access for its students when they
swipe their school ID at boarding on the Nightrider and all daytime services. The contracts were
reviewed by Assistant City Attorney, Maureen Quann.
The College Partnership provides more than just Nightrider bus service; it also provides
students with access to all of the Jule's daytime routes. Many students use the Jule to travel to
off-campus jobs, internships, and many non-traditional students ride The Jule to and from their
home, off-campus. Ridership for the past four years is detailed below.
Student Ridership by Time of Day and School Year
45,000
t Student Yearly Total
40,000
39,080
35,000
30,000 TStudent Nightrider
25,000
24,286
22,529 '
20,000
Student Daytime
15,000 14,794
10000
7,331 �6eneral Pudic
5,0W Nightrider
,446
School Year School Year Schoolyear School Year
2012-2013 2013-2014 20142015 20152016
FINANCIAL
The following table shows FY17 adopted amounts and actuals based on negotiations with the
three schools as well as the amounts to be paid by the colleges. Based on these agreements,
the City's portion of the costs has been reduced from the original budgeted amount by $9,280.
FY2017 Budgeted FY2017 Actual
Total College Support $75,000 $84,280
City Property Tax Support $30,350 $21,070
TOTAL $105,350 $105,350
Loras College $29,800
Clarke University $18,980
University of Dubuque $35,500
Total College Support $84,280
RECOMMENDATION/ACTION
It is recommended that the City approve the contracts with the colleges for continuation of the
college partnership for the 2016-2017 school year.
TRANSPORTATION AGREEMENT
BETWEEN
CLARKE UNIVERSITY
AND
THE CITY OF DUBUQUE, IOWA
This Agreement ("Agreement"), made this _29 day of June
2016, 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
950 Elm St, Dubuque, Iowa, 52001; and the College is an educational institution with a
principal 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 maximizing services and
Whereas, Clarke University's' 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.
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
MAQ05252016
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.
1.4 The City will provide the College with a template file including first name, last
name and student ID number. The College will return the completed template to the City
showing active student ID numbers at the beginning of each semester. The City will
load the file to the Jule onboard computers to ensure that only students enrolled for the
current semester receive the benefits of the CRP.
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
Nightrider, outlined in Exhibit A, during the period of this Agreement:
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 July 1,
2016 through June 30, 2017. 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 January 15, 2017.
SECTION 5. COMPENSATION. For the bus services provided herein,
the College shall pay to the City $18,980.00 according to the following payment
schedule:
1/2 College Share October 1, 2016
1/2 College Share March 1, 2017
$9,490.00
$9,490.00
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
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
3
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. AH 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
Agreement to designate Dubuque County, Iowa as the appropriate venue for the
4
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 Manager
City of Dubuque
950 Elm St
5
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 UBUQUE CLARKE UNIVERSITY
B
Date:V/E:/f
C9 LA By: /la& dvilek
Mayor °' oy Buol
ATTEST:
B
6
Date:
June 29, 2016
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
EXHIBIT B — COLLEGE ROUTE PROGRAM
E.
Nightrider
AMC Star Line 1 (Mystique)
KnN': •Cinema Line 2 (Port of Dubuque)
Line 3 (Asbury Plaza)
15 Line 4 (Wal-Mart) adm�
Jule Transfer Point /
Q Time Point
0
Idl CLARKE UNIVERSITY Mystiq.,e
1E w 4Ice Are-m
Go fill `
c / �
II
ee LaRAS
sCoUEOE
a le `
' Ih �
N
173 d Jo Casino
nd • 16 dh ID&IN Transfer t Port of Dubuque
Thea S LNIVERSITYOF
`Kennedy DUBUQUE
S Ma e 9
y
Hy-Vet 12 Save-A-Loot
Target K-Mart
Wal-Mart 11 Lowes
8
TRANSPORTATION AGREEMENT
BETWEEN
LORAS COLLEGE
AND
THE CITY OF DUBUQUE, IOWA
This Agreement ("Agreement"), made this oZ day of jai , 2016,
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
950 Elm St, Dubuque, Iowa, 52001; and the College is an educational institution with a
principal 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.
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
1
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.
1.4 The City will provide the College with a template file including first name, last
name and student ID number. The College will return the completed template to the City
showing active student ID numbers at the beginning of each semester. The City will
load the file to the Jule onboard computers to ensure that only students enrolled for the
current semester receive the benefits of the CRP.
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 chargeda 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
Nightrider, outlined in Exhibit A, during the period of this Agreement:
- 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..
SECTION 4. TERM OF AGREEMENT. The term of this Agreement shall be July 1,
2016 through June 30, 2017. 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 January 15, 2017.
SECTION 5. COMPENSATION. For the bus services provided herein, the College
shall pay to the City $29,800.00 according to the following payment schedule:
1/4 College Share
1/4 College Share
1/4 College Share
1/4 College Share
September 1, 2016 $7,450
December 1, 2016 $7,450
March 1, 2017 $7,450.00
May 1, 2017 $7,450.00
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
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
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.
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
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W` NE)ONd 3inON 3031100 — 9 1191HX3
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 ° UBUQUE
By: CO,
Mayor;; Toy Buol
Date: ///Oe
ATTEST:
By:
Kevi Firnstahl, Cit f Jerk
LORAS COLLEGE
By.
Date:
B
6N/co
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
950 Elm St
Dubuque, Iowa 52001
To College: Loras College
TRANSPORTATION AGREEMENT
BETWEEN
UNIVERSITY OF DUBUQUE
AND
THE CITY OF DUBUQUE, IOWA
This Agreement ("Agreement"), made this day of
, 2016,
is by and between City of Dubuque ("City"), through its Jule Transit System, and
University of Dubuque, College ("College").
Whereas, the City is a municipal transit utility, with a principal mailing address of
950 Elm St, Dubuque, Iowa, 52001; and the College is an educational institution with a
principal 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 to and from the College campus to destinations in the community; and
Whereas, use of the City bus service by College students 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 approvalof 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. 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 presenting a current and valid City ADA Minibus ID Card in addition to
their CSIC shall not be charged a fare.
1.2 The College agrees to establish appropriate procedures to assurethat one and
only one CSIC is distributed to each student enrolled at the college. If validation
MAQ05252016
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.
1.4 The City will provide the College with a template file including first name, last
name and student ID number. The College will return the completed template to the City
showing active student ID numbers at the beginning of each semester. The City will
load the file to the Jule onboard computers to ensure that only students enrolled for the
current semester receive the benefits of the CRP.
SECTION 2. SERVICES.
2.1 The City shall provide its established and regularly publicized bus service and
any additional bus service it may activate.
2.2 The. City shall also operate additional campus -oriented bus service, known as the
Nightrider, outlined in Exhibit A, during the period of this Agreement:
2.3 The services provided under this Agreement will be open to all members of the
general public at all times on an equal basis.
SECTION 3. TERM OF AGREEMENT. The term of this Agreement shall be July 1,
2016 through June 30, 2017. 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 January 15, 2017.
SECTION 4. COMPENSATION. For the bus services provided 'herein the College shall
pay to the City $35,500.00 according to the following payment schedule:
1/2 College Share October 1, 2016 $17,750.00
1/2 College Share March 1, 2017 $17,750.00
SECTION 5. 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 6. ADMINISTRATION.
2
6.1 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.
6.2 Administration and management of the CRP are the sole responsibility of the
City.
6.3 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.
6.4 The parties will cooperatively establish administrative policies and procedures
that will effectively safeguard the interests of both parties.
SECTION 7. TERMINATION.
7.1 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
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 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.
7.2 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.
7.3 All accounts will be settled on a prorated basis in the event of early termination of
this Agreement.
3
SECTION 8. 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 9. 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 10. INDEMNIFICATION.
10.1 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.
10.2 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 11. 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
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 12. 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 13. 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 14. 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 15. FORCE MAJEURE. In the event that either party hereto shall be
delayed or hindered in or prevented from the performance of any act required
4
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 16. 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 17. 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 Manager
City of Dubuque
950 Elm St
Dubuque, Iowa 52001
To College:
University of Dubuque
Attn: Mick Miyamoto
2000 University Ave
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.
5
THE CITY OF I UBUQUE
By
Mayor •y�B'�uol
Date: %1:///6
ATTEST:
By:
Ke in Firnstahl, City Clerk
6
UNIVERSITY OF DUBUQUE
B
"07/d.,
Date:(
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
EXHIBIT B — COLLEGE ROUTE PROGRAM
E.
Nightrider
AMC Star Line 1 (Mystique)
KnN': •Cinema Line 2 (Port of Dubuque)
Line 3 (Asbury Plaza)
15 Line 4 (Wal-Mart) adm�
Jule Transfer Point /
Q Time Point
0
Idl CLARKE UNIVERSITY Mystiq.,e
1E w 4Ice Are-m
Go fill `
c / �
II
ee LaRAS
sCoUEOE
a le `
' Ih �
N
173 d Jo Casino
nd • 16 dh ID&IN Transfer t Port of Dubuque
Thea S LNIVERSITYOF
`Kennedy DUBUQUE
S Ma e 9
y
Hy-Vet 12 Save-A-Loot
Target K-Mart
Wal-Mart 11 Lowes
8