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HomeMy WebLinkAbout11-6 Resolution No. 11-6 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 12, 2011 Adopted: January 12, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk City of Elgin SERVICE AGREEMENT Route 554 ORIGINAL This Agreement made this 12tiday of January , 2011,between the Suburban Bus Division of the Regional Transportation Authority, (hereinafter called "Pace") and City of Elgin (hereinafter called"Client"). WHEREAS, Pace was established within the Regional Transportation Authority Act(70 ILCS 3615) for the purpose of providing public transportation by bus in the Metropolitan Region as described in 70 ILCS 3615/1.03. WHEREAS, Pace desires to provide various services as described in the attached Exhibit(s). NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows: 1)Description of Service- Pace shall provide Route 554 transportation service to Client and the general public pursuant to the various route schedules as described in the attached Exhibit(s)A. 2)Payment—Client agrees to pay Pace an amount not to exceed$22,815.80 for the year 2011 for the provision of services under this agreement, to be billed monthly at an amount not to exceed$1901.321) as set forth on the attached Exhibit B, incorporated herein by this reference. Payment shall be made to Pace by the 10`h 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, IL 60005 Attn: Accounting Department 3)Calculation of Rates—The payment rate is based upon the estimated costs and revenues set forth in Exhibit B, incorporated herein by this reference. 4) Service Expansion—Any new service agreed to by the parties will be invoiced at Pace's new hourly rates as described in Exhibit(s) C. 5)Term-This Agreement is effective January 1, 2011 through December 31, 2011, or until either party exercises their right to terminate this Agreement under Paragraph 7. Should either Pace or the Client 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) 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 Client. 1 7)Termination of Service -Either party may terminate this Agreement with sixty(60) days advance written notification to the other party. 8)Independent Relationship -Pace is an independent contractor and not an employee, agent, joint venture, or partner of Client, and nothing in this Agreement shall be construed as creating any other relationship between Client and Pace, or between any employee or agent of Pace and Client. 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. 9) Insurance- In the event that Pace directly provides the service described herein, Pace shall arrange for the Client to be named as additional insured under Pace's excess automobile liability policy of insurance with respect to claims asserted against Client arising from any covered negligent acts or omissions of Pace in providing the services described in this Agreement. In the event that Pace contracts with any outside service providers to provide the service described herein, Pace shall require the outside service provider(s) to arrange for Client to be named as additional insured under the outside service providers auto liability policy of insurance with respect to claims asserted against Client arising from any covered negligent acts or omissions of the outside service providers in connection with the services as described in this Agreement. 10) Indemnification—To the fullest extent permitted by law and within the limits of Pace's self insured retention and the excess/umbrella auto liability insurance policies purchased by Pace, Pace shall indemnify, defend and hold harmless Client, its officers, agents, and employees from and against any and all auto liability claims, suits, losses, damages and expenses, caused by the negligence of Pace, its officers and employees which may arise out of the operation of transportation services provided pursuant to this Agreement, provided that Client provides immediate notice of any claims, suits losses, damages and fully cooperates with the defense of any claims or lawsuits. This indemnification does not extend to negligent,willful and wanton, reckless or intentional conduct of Client, its officers, agents, servants and employees and is specifically excluded from this indemnification and insurance coverage, including self-insurance 11) Compliance with Laws- Pace represents that in the performance of its duties hereunder, it has complied and shall comply with all federal, state and local laws, ordinances and regulations. 12) 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 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. 13)Entire Agreement-No prior agreements between the parties, whether written or oral, shall be binding upon the parties. 2 14)Authori -Pace and Client represent that their representatives whose signatures appear below have the power and authority to enter into this Agreement and to obligate Pace and Client to the terms of this Agreement. 15)Complete Agreement- This Agreement constitutes the entire Agreement between the parties hereto. 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. Any changes in service description,payment rates or pass allocations shall be reflected in an Amendment to this Agreement, reduced to writing and signed by both parties, and incorporated into this Agreement. 16)Notices - All notices due to the other party shall be delivered to the address indicated below: Pace City of Elgin 550 W. Algonquin Road 150 Dexter Court Arlington Heights, IL. 60005 Elgin, EL 60120 Attn: Executive Director Attn: City Manager 17) Governing Law -This Agreement shall be construed in accordance with the laws of the State of Illinois. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made effective as of the date set forth above and executed in Paragraph 5 by their duly authorized officials. Pace City of Elgin B : B Y Y: f1 Thomas J. Ross -e, Name: Ed Schock Executive Director Title: Mayor Pace Sub ban B s Service City of Elgin Date: D � ate: January 12, 2011 3 EXHIBIT A Route No. 554—Elgin/Woodfield Description of Service: Route 554 will provide service between the Pace Elgin Transportation Center and the Pace Northwest Transportation Center(NWTC). As Described on Attached Route Map and Schedule. Service Cost: $22,605.67 monthly* $271,267.98 annually* *Amounts shown above are the total gross cost for service excluding any adjusted revenue. 4 EXHIBIT B PAYMENT/CALCULATION OF RATE The client agrees to pay Pace an amount not to exceed$22,815.80 for the year 2011 (10% of annual operating costs of$271,267.98 less 10% of total revenue) for the provision of service billed monthly at an amount not to exceed$1901.32. Route 554 Elgin - Woodfield Daily Ridership Vehicle Vehicle Hourly Adjusted Cost to # Hours Hours Cost Gross Cost Revenue * Net Cost Pace Cost partners 50% 50% Annual 35,925 14.92 3,804.60 $71.30 $271,267.98 $43,110.00 $228,157.98 $114,078.991$114,078.99 (255 Weekdays) *Adjusted revenue per rider for 2010 y-t-d is Estimated annual cost to each partner: $1.20 and was used for this example. City of Elgin $22,815.80 Village of Hoffman Estates $22,815.80 #Ridership was based on y-t-d actual 2010 data thru July 2010. Village of Streamwood $22,815.80 Village of Schaumburg $22,815.80 Vilage of Hanover Park $22,815.80 This is just an example.The gross cost will remain constant,but the monthly Estimated monthly cost to each partner: adjusted revenue may vary based on ridership. City of Elgin $1,901.32 Village of Hoffman Estates $1,901.32 Village of Streamwood $1,901.32 Village of Schaumburg $1,901.32 Vila eofHanoverPark $1,901.32 5 EXHIBIT C COSTS FOR 2011 SERVICE ADJUSTMENTS If additional service is added in 2011 service will be billed at the following hourly rates: Route No. Hourly Rate 554 $71.30 6 • a •8 Exact Fare Required , woodfield CA Driver Has No Change ou rl- Y� oleoulNeW p` ~o Og O3 Phase refer to me Pace Fare Guide for details about cument 1 — fares, Passes, tickets, reduced tares, restrictions and U ;O additional information.Pace has a variety of passes and tickets ca O�• ® - cd (� — that can make traveling an Pam,CTA and Matra easier and -. N h more cost anective. CaN (847) 364-7223 a visit All Pace service is . E .. a y C O3 vvww.pacebu,.com for denlis,geduced Fare,are availabk for m C o x c rp o;tea +RJ ry U children(ages 7-11),student9 travagnp to and from school, wheelchair accessible. U and persons with dlsabNaNS.The RTA Reduced Fare Permit is ----- m z ■')a HOW t U� d¢ QQ)) C Rl required fur persoro with disahgitie,.Rae rides are odered to v +. U r� O- h area residents age 65 and older vnth a Senior Reduced Fare E u C ■ o h y Card or Senior Rid.Free Smart dl,children urrder 7,arW t] °� ■6 Z O ry^ N Y 4) v active duty mlilWry personnel in uniform.EReNve Octoher 24, C �O9 C-'�'tJ �:v m H�^ = U U -Lj 2008,low-Income persona with di sablllfin(who are enrolled O y l° • e C O , 3 @ Q7 In the lirmk Circuit Breaker Program)mar no Paces fixed W N+. ..- `m O cat route service free of charge with the GImut Permit.To register C m� •.^p y y c0 for a permN7card,please congd Me PTA at 636-7000. Bi 0 0 0 . �c •O It you need transit information please call: O The RTA Travel Information Center,open L h o cn rtf to daily from 5:00 a.m.to 1:00 a.m.Use from L ri 1= ra all suburban area codes. 113111 a E o a O a3 O in TTY#(For HEARING IMPAIRED ONLY) 2 wt -py BAoig wnld o Cr z M m 312)836-4949 _­_1111_--- - -' F_ m l L2 CL c e - Pace Customer Relations, onday through 4 W rS Friday from 8:00 a.m,i to 5:00 HE .tea• d (847)364-PACE 0223) ■ S °�, TTY#(Pace Information for HEARING IMPAIRED ONLY) (847)364-5093 pace in, py eyesoy r m OPERATED BY: Pace River O � For lost and found cell(847)931-6750 3 JJ The uba,dulescchhfaeernterpps and other snot esunthis timetable we y >+h f z for erne Pam h¢urivereenm orO responsibility () y hwn ieyed de train•or hoses u failure to make —� All Pace buses are rD h Unless otherwise noted,bus 01 slop upon signal to driver at arty ¢ Y 3 of tincNanao mft,o,de,.nered.ifel.ta doSO, equipped with bike racks.© t as • -' � ' J -PEI u o►6uuJeg z Major Destination mayor- Destinos es s 9 � mf �43Jny9 a+�c( EL CONDUCTOR NO TIENE • :1 In Q Por taro,consuee b pure its fortune de Pam.pan ks deWW Por f favor conniver b Gufa es forties de Pace Wre do-.om.de le, • ktnb4macldnadkloeal.SPau cumn mnrana w btlad de ue,Y Transportation• E boleros Dan tracer su vials an Pace.CTA y Metro anal Ncll y at pmck a J ants accsslbk.Pen ma,classes Name d(647)228-3575 o Waite al r 7, ,,,,pace la tarau geduddes esiLt dnponlbka pan ba ly V a na„(ir ]a 17 a6m de edied).emudlames Wakndo de y pan 1. MD/West N 1(Jed a ettueli.Y penance con diaupaddades. Lea persona,con 3 _m.Ee_ dlttapaadade:do nen prsxof re.Ta p a ae nnb Rsducida ee I. O RTA tie aheun Wake gratb a las rommas de 65 Nan o mat(con Hanover • Station 'L tn6S ll ♦�Ib H Is Tedefa de TorNa Reduddo de 1.RTA o fa Ted.Pan Penanes ♦ Q m.ymes$mad cNd).a lot PING,mmma,de 7 aho,do edad y• ♦yyg QA personal mortar an servlcb y an uneorme.A parer de124 de Ociubre, y♦ n 1 2006.In penonu de be,,,recunm con 111 1dadet i4ue aeon Towne (3 d ♦'IA tnf.,inn m W Programs 118nak Chcuk&Bake,)padres vials grads yX♦V�f- an k, ,t"are de Pace.preseniando la tadeu de PMoMIn 6J. ♦v Clrtult.Para Inuribine par, el permnoNrlete. Dor Irvpr 0� comuM.uese a is PTA at 836.78ae. Park Place Apartments ♦ T rn C y ♦ awe SI necesita nformeadn pare user at servicio de trenspode `+°. ;: ♦ o t flame al:Csn1no d•nfonneel6n N Walem RTA,abiedo St. Alexlus Medical a r h CJ d iriamWe de 5:00 a.m.a 1:00 a.m.Desch todoe bs B Center h cc rn P 0 cddgos de Area an Jos suburbios. M7000 �°1 S co S �Q e re v �O n p v TTYR(SOUMENTE PARA PERSONAS CON U C cn u1 4 C 5 PROBLEMAS AUDRIYOS) (312)5364049 W ~ A 0 S•.00 ServIclour S:fi me de Pau,de Lodes a irk 22103575 Woodfield • • •P.to �ah d0 N V •`�• 7TYHIMormaclM de Pec•90LAMENTE PARA Woodfield C6 o O IY051 PERSONAS CON PROBLEM"AUOR avh °vn o a r+;o m rn rn J8(UBo �rt,Qe Ie4713s4-sos3 Pace r I � OPERADO POR:Pace River Northwest a R r m rT Pare infarmaci6n sobre ob store perdidos • • • (847)931.870 n Center Lo.,-ova,t.rl,.e y •nr.rm.den honed ...M. .ashen • t�t++ m •ria��• •r,Jb�n I Mr�no�•1i r• •r dbuao Bin ��O.s a • • Ndr.do d.N r.hw• tr.n��a uloW...o or o• nw a.. ° mtlwfor,M cwlyir lupere—- January 2009 z H www.pacebus.com 5 •- Enero •- 2009 Exhibit A ® ROUTE 554 • ELGIN - WOODFIELD ' pace O O O O O O O O O 10 PACE ELGIN PACE TRANS IL 59/ CHURCH/ SCHAUMBURG/ BARRINGTON/ GOLF/ GOLF/ GOLF/ NORTHWEST CENTER IRVING PARK LAKE BARRINGTON ST ALEXIUS BARRINGTON ROSELLE MEACHAM WOODFIELD TRANS. CENTER 5:53am 6:06am 6:15am 6:23am 6:27am 6:29am 6:37am 6:41 am - 6:45am 7:00 7:13 7:22 730 7:35 7:37 7:46 7:50 - 7:5 7:30 7:43 7:52 8:00 8:05 8:07 8:16 8:20 - 8:26 10:15 10:27 10:37 10:45 10:49 10:52 11:01 11:06 11:08am 11:.14 WEEKDAY WESTBOUND * ENTRE i 1U O O O O O O O O O PACE PACE ELGIN NORTHWEST GOLF/ GOLF/ GOLF/ BARRINGTON/ SCHAUMBURG/ CHURCH/ IL 59/ TRANS TRANS. CENTER WOODFIELD MEACHAM ROSELLE BARRINGTON ST ALEX[US BARRINGTON LAKE IRVING PARK CENTER 11:23am 11:28am 11:31 am 11:34am 11:41 am 11:43am 11:48am 11:54am 12:03pm 12:16pm 3:07pm 3:12pm 3:15pm 3:18pm 3:26pm 3:28pm 3:34pm 3:43pm 3:52 4:05 3:50 3:55 3:58 4:01 4:09 4:11 4:17 4:26 4:35 4:48 4:10 4:15 4:18 4:21 4:29 4:31 4:37 4:46 4:55 5:08 5:20 5:25 _ 5:28 5:31 -5:41 _ _ 5:43 5:50 _ 5:59 6:08 6:21 5:45 5:50 5:53 5:56 6:05 6:07 6:13 6:22 6:31 6:44 No Saturday Sunday or holiday service. No hayo servicio Sabados, Domingos dias festivos.