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06-287 Resolution No. 06-287 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE A3REEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR ROUTE 554 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, be and is hereby authorized and directedlto execute a Service Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority for Route 554, a copy of which is attached hereto and made a'part hereof by reference. s/Ec Schock Ed Shock, Mayor Presented: December 6, 2006 Adopted: December 6, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: • s/Dolonna Mecum Dolonna Mecum, City Clerk • SERVICE AGREEMENT ROUTE 554 This Agreement made this 15 t day of -541AL) i y , 200- betvieen the Suburban Bus Division of the Regional Transportation Authority, (hereinafter referred 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 partnership with the Village of Schaumburg, Village of Hoffman Estates and Village of Streamwood, (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 tb the route schedule attached hereto as Exhibit A. 2) Payment—The City agrees to pay Pace $18,282.94 for the year 2007 (12.5% of annual operating costs of$197,263.51 less 25% of estimated farebox revenue of$25,500) for the provision of service billed quarterly at $4,570.74 and pursuant to the terms attached hereto in Exhibit A. 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 City. Payment shall be made to Pace by the 10th 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) Term - This Agreement is effective from January 1, 2007 through December 31, 2007. 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 75 days prior to the expiration of any term. 4) Service Provision- Pace shall not be responsible for any failur to provide the Service due to circumstances beyond the control of Pace. However, Pace shall riake 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 terminjte 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. 6) Complete Agreement—This Agreement constitutes the entire A eement between the parties hereto, and supersedes any and all previous Agreements between the parti s. 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 Schaumbirg Court Arlington Heights, IL 60005 Schaumburg, 4, 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: Janice Ward Village of Streamwood 301 East Irving Park Rd. Streamwood, IL 60107 Attn: Sharon Caddigan 8) Independent Relationship - Pace is an independent contractor and not an employee, agent,joint venturer, or partner of Client, 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. 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 nit 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, moidified 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) wer+e omitted. The provisions of this paragraph shall survive the termination of this Agreement for any'',reason. 2 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 rOpresentatives whose signatures appear below have the power and authority to enter into this Agreement aid to obligate Pace and Client to the terms of this Agreement. 12) 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 by their duly authorized officials. Pace The City of F 1gin ! i By: By: 040.1.4221cdarIZ Thomas J. Ross Executive Director "4 o Pace Suburban Bus Service Ti e Date: (7( / "?'" Date: 3 -A - S ga ROUTE 554 ELGIN-STREAMWOOD-HOFFMAN ESTATES-SCHAUMBURG / WEEKDAY-MORNING / Entre semana p or la m a na na%///////////////////////////////////////////////////////////////% 0 0 0 0 0 0 0 0 0 ELGIN SCHAUMBURG SCHAUMBURG ST. ALEXIUS BARRINGTON GOLF GOLF WOODFIELD TERMINAL ILLINOIS 59 BARRINGTON MEDICAL CTR GOLF ROSELLE MEACHAM MALL NWTC 6:00am 6:14am 6:20am 6:27am 6:29am 6:35am 6:40am - 6:45am 7:00 7:14 7:20 7:27 7:29 7:35 7:40 - 7:45 7:30 7:44 7:50 7:57 7:59 8:05 8:10 - 8:15 10:15 10:29 10:35 10:42 10:44 10:50 10:54 10:59am 11:03 / WEEKDAY-AFTERNOON / Entre semana par la tarde % / 0 0 0 0 0 0 0 CD 0 --- - ---- -- -- ------- ------ - - - ---------- - --- --- - --------- ------ WOODFIELD GOLF GOLF BARRINGTON ST. ALEXIUS SCHAUMBURG SCHAUMBURG ELGIN_-- - -- - NWTC MALL MEACHAM ROSELLE GOLF MEDICAL CTR BARRINGTON ILLINOIS 59 TERMINAL 11:05am 11:09am 11:14am 11:19am 11:25am 11:27am 11:33am 11:39am 11:52am 3:15pm 3:19pm 3:24pm 3:29pm 3:35pm 3:37pm 3:43pm 3:49pm 4:02pm 3:50 3:54 3:59 4.04 4:10 4:12 4:19 4:25 4:38 4:20 4:24 4:29 4:34 4:40 4:42 4:49 4:55 5:08 5:20 5:24 5:29 5:34 5:40 5:42 5:49 5:55 6:08 5:45 5:50 5:56 6:02 6:08 6:10 6:17 6:23 6:36 No Saturday, Sunday, or holiday service. to No hay servicio los Sabados, Domingos o dias festivos. a 032106rev 0 pace FXAI/BiB Route 554 Elgin-Streamwood-Hoffman Estates-Schaumburg Cost Estimate for 2007 Based on 8% Increase 2006 Costs $56.85 Hourly Operational Cost $716.28 Per Day 255 Operating Days Total Cost for 2006: $182,651.98 2007 Costs $61.40 Hourly Operational Cost $773.58 Per Day 255 Operating Days Total Cost for 2007: $197,263.51 Community Share Calculation: 50% of total cost for 2007: $98,631.76 Less Estimated Revenue Credit: $25,500.00 Net Share: $73,131.76 Share Per Municipality: $18,282.94 1 IOFEtc �ti Agenda Item No. `\ City of Elgin 111 (OWr.i 1[fl vv' November 24, 2006 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Janice Ward, Senior Planner SUBJECT: City Support for Pace Route 554 PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to approve the City's 2007 local share contribution of$18,283 for Pace Bus Route 554. RECOMMENDATION It is recommended that the City Council approve funding for P ce Bus Route 554 in the amount of re,,, $18,283. BACKGROUND Route 554 began operating in 1996 to provide a transit link betweei Elgin, Hoffman Estates, Streamwood and Schaumburg. The route was part of Pace's Congestion MOigation/Air Quality Program and was funded through a federal grant. When federal funding was no longer available for this service, the Northwest Suburban Mass Transit District (NWSMTD) agreed to Subsidize the route from 2002 through 2004. In 2005, the NWSMTD ceased to function and the four (4) participating communities equally funded the entire local share cost of this service. To continue the operation of Route 554 for 2007, the jurisdictions again will need to fund the entire local share cost of this service. The four jurisdictions collectively wiP pay $73,132 with each jurisdiction contributing $18,283. Ridership for this route has averaged 106 riders per day (January through August 2006), which is consistent with 2005 ridership counts (also 106 riders per day). P ce is working to establish a new route between Evanston and Elgin, traveling mainly along Golf Road. The Evanston to Schaumburg segment began operating in 2005. It is anticipated that the route expansion to Elgin will occur sometime between 2008 and 2010,thereby eliminating the need for Route 554 and local funding. COMMUNITY GROUPS/INTERESTED PERSONS CONTACjTED Villages of Hoffman Estates, Schaumburg, Streamwood, and Pace Suburban Bus Service. • , • • �*Pace Route 554 r November 24, 2006 Page 2 fFINANCIAL IMPACT it...... The total 2007 cost for Route 554 is $197,264. Pace has agreed to fund 50% ($96,632) of this cost. Fares from riders are estimated at $25,500 with the resulting local shtotaling $73,132. The local share would be divided equally among the participating jurisdictions, eacl i paying $18,283. The proposed 2007 Riverboat Fund budget, account number 275-0000-791.80-43, hays sufficient funds available for this expenditure. 1 EGAL IMPACT one. ALTERNATIVES 1. The City Council could approve the City's $18,283 contribution towards the local share cost. 2. The City Council could disapprove the financial contributioii towards the local share cost, thereby electing not to participate in the continuation of Route 554. rk Respectfully submitted for Council consideration. JAW Attachment rik 2