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Home My WebLink About09-10 Resolution No. 09-10 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT FOR ROUTE 554 WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Service Agreement for Route 554 on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority (Pace), a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk r SERVICE AGREEMENT ROUTE 554 This Agreement made this y gr �� of ,2001 between the Suburban Bus Division of the Regional Transportation Authority, (her nafter re rred to as "Pace")and the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"). WHEREAS,Pace was established under the Regional Transportation Authority Act(70 ILCS 3615)for the purpose of aiding and assisting public transportation in the six county Northeastern Illinois area; and WHEREAS, the City, in equal participation with the Village of Schaumburg,Village of Hoffman Estates, Village of Streamwood, and Village of Hanover Park(hereinafter collectively referred to as"Municipal Participants")have requested and Pace has agreed to operate a bus route commonly known as"Route 554", which route is identified by Exhibit A,attached hereto and made a part hereof, and NOW,THEREFORE,in consideration of the mutual promises contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereby agree as follows: 1)Description of Service-Pace will operate Route 554 pursuant to the route schedule attached hereto as Exhibit A. 2)Pa Ment—The City agrees to pay Pace an amount not to exceed$22,394.07 for the year 2009(10% of annual operating costs of$223,940.75 less 20% of cash farebox revenue) for the provision of service billed monthly at an amount not to exceed$1,86617. Funding calculation is attached as Exhibit B. Pace reserves the right to increase the annual rate for subsequent terms based upon documented increases in the cost of service with a ninety(90)day notice to the Village. Payment shall be made to Pace by the 1(yh day of each month for which service is to be provided. Payment is to be mailed to: Pace Suburban Bus Service 550 W.Algonquin Road Arlington Heights,TL 60005 Attn: Accounting Department 3)Term-This Agreement is effective from January 1,2009 through December 31,2009. Pace shall reevaluate service costs annually in conjunction with this Term and provide the City with notice of the amount of such increase or decrease 90 days prior to the expiration of any term. 4)Service Provision-Pace shall not be responsible for any failure to provide the Service due to circumstances beyond the control of Pace. However,Pace shall make every reasonable effort to restore Service as soon as practical under the circumstances. Pace shall have the right to make minor revisions to the Service during the term of this Agreement upon written notification to and concurrence by Municipal Participants. 1 5)Termination of Service—Pace or a Municipal Participant may terminate this Agreement with sixty(60) days advance written notification to Pace and all other Municipal Participants. In the event a Municipal Participant elects to terminate said service, the service shall terminate with proper notification; however the remaining Municipal Participants shall have fourteen(14)days from receipt of notice of termination to enter into a new agreement with Pace to continue the service. Should either Pace or the Municipality Participant elect to cancel this service,billing shall be prorated and payment shall be only for the service that was provided prior to the termination of service. 6)Complete Agreement—This Agreement constitutes the entire Agreement between the parties hereto, and supersedes any and all previous Agreements between the parties. Any proposed change in this Agreement shall be submitted to Pace for its prior approval. No modification, addition,or deletion to this Agreement shall be effective unless and until such changes are reduced to writing and executed by the authorized officers of each party. Each Municipal Participant shall receive a copy of the contract signed by each of the other Municipal Participants. 7)Notice—All notices due to the other party and Municipal Participants shall be delivered to the address indicated below: Pace Village of Schaumburg 550 West Algonquin Road 101 Schaumburg Court Arlington Heights,IL 60005 Schaumburg,IL 60193-2302 Attn: Thomas J. Ross Attn: Richard Bascomb Village of Hoffman Estates City of Elgin 1900 Hassell Road 150 Dexter Court Hoffman Estates, IL 60195-2302 Elgin, IL 60120-5555 Attn: Michael Hankey Attn: Lydia Treganza Village of Streamwood Village of Hanover Park 301 East Irving Park Rd. 2121 West Lake Street Streamwood, U. 60107 Hanover Park, IL 60133 Attn: Sharon Caddigan Attn: Marc Hummel 8)Independent Relationship - Pace is an independent contractor and not an employee,agent,joint venturer, or partner of City, and nothing in this Agreement shall be construed as creating any other relationship between Pace and the City of Elgin, or between any employee or agent of Pace and the City. Pace employees shall at all times remain employees of Pace, which shall be solely responsible for all aspects of their employment, including, without limitation, compensation,benefits,payment or withholding of taxes, Social Security,Medicare,unemployment or other insurance, and workers compensation. This agreement shall not be construed so as to create a joint venture,partnership, employment or other agency relationship between the City and any Municipal Participant. 9)Severability- The provisions of this Agreement shall be severable. The unenforceability or invalidity of any one or more provisions, clauses or sentences hereof shall not render any other provision,clause or sentence herein contained unenforceable or invalid. The portion of the Agreement which is not invalid or unenforceable shall be considered enforceable and binding on the parties and the invalid or unenforceable provision(s), clause(s) or sentence(s) shall be deemed excised, modified or restricted to the extent 2 necessary to render the same valid and enforceable, and this Agreement shall be construed as if such invalid or unenforceable provision(s), clause(s) or sentence(s)were omitted. The provisions of this paragraph shall survive the termination of this Agreement for any reason. 10)Binding Agreement-This Agreement supersedes any and all prior agreements between the parties, whether written or oral, and shall be binding upon the parties. 11)Authority- Pace and the City represent and warrant that their representatives whose signatures appear below have the power and authority to enter into this Agreement and to obligate Pace and City to the terms of this Agreement. 12)Governing Law -This Agreement shall be construed in accordance with the laws of the State of Illinois. 13) Insurance—Pace shall arrange for the City to be named as an additional insured under Pace's auto liability policies of insurance with respect to claims asserted against the City arising from Pace's negligent acts or omissions in providing the services described in this Agreement. Pace shall provide copies of Certificates of Insurance to the City designating the City as an additional insured. 14. Defend Indemnify and Hold Harmless—Pace agrees to defend, indemnify and hold harmless the City for all claims, damages, losses and costs of property damage,personal injury or death,including attorney's fees,to the extent caused by the negligent acts or omission by Pace in providing transportation services under this Agreement within the scope of Pace's Self-Insured Retention and up to the liability limits of such excess insurance that Pace may purchase. This indemnification and hold harmless does not extend to any negligent or intentional acts or omissions of City. 15. As a condition precedent to the insurance and indemnity provided in Paragraphs 13 and 14 above, City shall provide immediate written notice to Pace of all claims and lawsuits. With respect to any lawsuit that is within the scope of coverage and/or indemnity afforded by paragraph 13 and 14, Pace shall have the right and duty to defend the City, including the right to select defense counsel and control the defense of such lawsuit. In the event of any conflict of interest that would prevent Pace from controlling such defense or that would require Pace to allow the City to select independent defense counsel,Pace will reimburse the reasonable attorneys fees and expenses incurred in such defense by the City,provided however that the hourly rates of such counsel shall not exceed the hourly rates ordinarily paid by Pace to its outside counsel for defense of similar types of lawsuits. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made effective as of the date set forth above and executed by their duly authorized officials. Pace The City of Elgin By: U`' By: Thomas J.Ross Executive Director Pace Suburban Bus Service Title — Date: t Date: i1 ;069 4 Exhibit A-1 Hassell Rd 190 NVv rofrway 2 . No c e o u It e wH�89ms Ra o m x < n E Golf Rd v Golf Rd °C W Golf Rd «- ¢ Cr c? ° •� •o o .. o a Qa c Bode Rd a ggrhS Rd D hica 'oS"t�" r, Bode Rd o� E Bode Rd � z m Higgins R Ima x LL tD N + GjJ m Sm N Lu z OQ m D �i CL -O /a y A to a W Schaumburg Rd us 20 J sr dry Q rn US 20 a 12' Co Lu a > CC �M;r A W Weathersfield Way aEi ro a. Irvin cc 9 Park o Lacy Av� W Wise Rd o n 5 m Ca o 65 W Bartlett Rd �� O E North A Walnut a Elgin O'Hare Expy (n -a E Nerge Rd c Hano i Rark > o a + Thorndate Ave CL 2 Boa 4 p ", E Steam �, Stearns Rd �� 'la1>��',� h Ch m co /oye E Lake St -0 w M Army rr art Schick Rd h W Schick Rd ", z O° Rd o Erie �c rn d+e Sr a Co Sm>titir W Ar y Trail Rd —°�' 3 u a z L__- cnn° E Army Traf Rd z M Legend N Government Buildin s Pace Route 554 - " Tele Atlas w E pace flop date(c11904-2001 A Tile Atlas North America,Inc. Metra Stations �''�,� Metra Rail Lines All r1Qhtc,.ser.ed. S 0 1.25 2.5 5 Miles Prepared by CO 9125/08 � � )ACE , Headway Report Effective: 11/24/2006 (ehicle schedule:554 Weekday Scenario: 1 Booking: ANDY Exhibit A-2 aoute: 554 ELGI N-STREAMWOO D-SCHAUM BURG - Nrection: East Elgin Schmbrg Barrngtn Golf North- Transp. 59 Lake Barr- St Barr- Golf Golf Wood- west Block From Note Center lrvingPk Church ington Alexlus ington Roselle Meacham field TC To Via 9 ( 5:45) 5:53 6:06 6:15 6:23 6:27 6:29 6:37 6:41 - 6:45 7:30 8 7:00 7:13 7:22 7:30 7:35 7:37 7:46 7:50 7:56 G ( 8:26) 9 T30 7:43 7:52 8:00 8:05 8:07 8:16 8:20 - 8:26 1 ( 10:07) 10:15 10:27 10:37 10:45 10:49 10:52 11:01 11:06 11:08 11:14 11:23 554 554 554 554 'iASTUS 2004.vscr07 09/251200814:49 Page 1 DACE Headway Report Effective: 11/24/2006 Vehicle schedule:554 Weekday Scenario: 1 Booking: ANDY Exhibit A-3 Route: 554 ELGIN-STREAMWOOD-SCHAUMBURG Direction: West North- Golf Barrngtn Schmbrg Elgin West Wood- Golf Golf Barr- St Barr- Lake 59 Transp. Block From Note TC field Meacham Rosalie ington Alexius ington Church IrvingPk Center To Via 1 11:23 11:28 11:31 11:34 11:41 11:43 11:48 11:54 12:03 12:16 G ( 12,24) 2 15:07 15:12 15:15 15:18 15:26 15:28 15:34 15:43 15:52 16:05 3 15:50 15:55 15:58 16:01 16:09 16:11 16:17 16:26 16:35 16:46 17:45 4 ( 15:40) 16:10 16:15 16:18 16:21 16:29 16:31 16:37 16:46 16:55 17:08 5 17:20 17:25 17:28 17:31 17:41 17:43 17:50 17:59 18:08 18:21 G ( 18:29) 3 17:45 17:50 17:53 17:56 18:05 18:07 18:13 18:22 18:31 18:44 G ( 18:52) 0 554 554 564 554 1ASTU:i 2004-v=07 09/25/2008 1 4:49 -END- Page 2 Exhibit B Route 554 Elgin-Streamwood-Hanover Park-Hoffman Estates-Schaumburg Cost Estimate for 2009 2009 Costs (Next Year's Contract) Hourly operational Cost: $67.45 Price per Day: $878.20 Number of Operating Days: 255 Total Cost for 2009: $223,940.75 Total Cost to Communities: $111,970.38 Net Share: $22,394.07 Monthly Net Share: $1,866.17' Note: Each community will be entitled to a credit equaling 20%of the total cash farebox revenues collected for a given month. This amount will be taken off of the share that a community owes each month. 0 pace Thomas J. Ross A Fresh Approach To Public Transportation Executive Director February 2, 2009 Ms. Lydia Treganza Senior Transportation Planner City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Ms. Treganza: On behalf of Pace, I want to thank the City of Elgin for their decision to partner with us in funding Route 554 for another year. For your files, please find the enclosed original executed 2009 service agreement. As a result of input from the City of Elgin and the other funding partners, Route 554 was modified to serve a portion of Hanover Park effective January 5, 2009. This alteration in routing has added another funding partner and increased the potential of strengthening ridership. Again, we appreciate your continued support and look forward to working with you in 2009. Please contact me directly at (847) 228-2496 if you have any questions or concerns with regards to the contract enclosed. Sincerely, a��- O l�J IJ Christine M. Rose Community Relations Representative �B 0 2009 Pace Government Affairs Enclosures g y 4J 550 West Algonquin Road, Arlington Heights, Illinois 60005-4412 1847) 364-8130 www.pacehus.com