City Council

1 AGENDA SPECIAL MEETING GENEVA CITY COUNCIL Monday, July 28, 2014 immediately following Committee of the Whole at 7:00pm 1. CALL TO ORDER 2. ITEMS OF BUSINESS a. Recommend Resolution No. 2014-56 Authorizing Execution of a Contract with PACE Suburban Bus Division of the Regional Transportation Authority for Shuttle Service During Construction of the Third Level of the Third Street Commuter Parking Facility. 3. NEW BUSINESS 4. CLOSED SESSION ON PROBABLE LITIGATION 5. ADJOURNMENT 2 AGENDA ITEM EXECUTIVE SUMMARY Agreement with PACE for Shuttle Service During Construction of Agenda Item: the Third Level of the Third Street Commuter Parking Deck Presenter & Title: Mary McKittrick, City Administrator Date: July 28, 2014 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting X Special City Council Meeting Public Hearing Other - YES Estimated Cost: Up to $44,748.65 Budgeted? X NO If NO, please explain how the item will be funded: This cost will be reimbursed through the grant awarded to the City for the third level of the parking deck construction project by Metra. Executive Summary: This is an agreement with PACE Bus Service to provide a shuttle service between the First Baptist Church/Athletic Field parking lots and the Metra Station during construction of the third level of the parking deck. Metra will reimburse the City for the cost of the shuttle, estimated to be $44,748.65. With a sixty day notice either party may terminate the agreement, in which case the City would pay and be reimbursed to that point. The insurance and legal terms have been reviewed and approved by the insurance company and the City Attorney. There will be no charge to park at the shuttle lots or to ride the shuttle bus for commuters using this service during construction. Attachments: (please list)  Resolution  PACE Agreement Recommendation / Suggested Action: (briefly explain) Staff recommends that the City Council approve the resolution as presented authorizing the Mayor to enter into the agreement with PACE to provide shuttle service for commuters during construction of the third level of the parking deck.  3 RESOLUTION NO. 2014-56 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH PACE (SUBURBAN BUS DIVISON OF THE REGIONAL TRANSPORTATION AUTHORITY) FOR SHUTTLE SERVICE DURING CONSTRUCTION FOR THE THIRD LEVEL OF THE THIRD STREET COMMUTER PARKING FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor is hereby authorized to execute, on behalf of the City of Geneva, the Agreement with PACE (Suburban Bus Division of the Regional Transportation Authority) for bus public transportation service during construction of the third level of the Third Street Commuter Parking Facility. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 28th day of July, 2014. AYES: ______NAYS: ______ABSENT: ______ABSTAINING: _____ HOLDING OFFICE: _____ Approved by me this 28th day of July, 2014. __________________________________________________ Mayor ATTEST: ___________________________________________ City Clerk 4 GENEVA METRA STATION SERVICE AGREEMENT Route 921 This Agreement made this day of July, 2014, between the Suburban Bus Division of the Regional Transportation Authority, (hereinafter called "Pace") and the City of Geneva (hereinafter called Client). Pace and Client are sometimes collectively referred to herein as the “Parties.” WHEREAS, Pace was established within the Regional Transportation Authority Act (70 ILCS 3615/1.01 et seq.) for the purpose of providing public transportation by bus in the Metropolitan Region as described in 70 ILCS 3615/1.03. WHEREAS, Client has requested the service described in the attached Exhibit A, and desires to reimburse Pace for said service. WHEREAS, Pace desires to provide service as described in the attached Exhibit A. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows: 1) Description of Service - Pace shall provide transportation service to Client and the general public pursuant to the route and schedule as described in the attached Exhibit A. 2) Payment – Client shall pay the full cost of implementation and operation of the service. The total cost of service is $44,748.65. Pace shall provide the Client with an invoice at the end of each month of service. The Client agrees to make payment to Pace within 10 days of receipt of invoice from Pace. The cost of each month’s operation is listed below: August 2014 $7,646.90 September 2014 $6,672.12 October 2014 $7,307.56 November 2014 $6,036.68 December 2014 $6,989.84 January 2015 $6,838.92 February 2015 $3,256.63 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 August 4, 2014 through February 13, 2015. 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 5 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. 5) Termination of Service - Either party may terminate this Agreement with sixty (60) days advance written notification to the other party in accordance with paragraph 14. 6) 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. 7) 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. 8) Indemnification – In the event that Pace directly provides the service and not through an outside service provider, 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. 9) Compliance with Laws - Pace represents that in the performance of its duties hereunder, it has complied and shall comply with all applicable federal, state and local laws, ordinances and regulations. 10) Severability – If any provision of this Agreement is held invalid or unenforceable by an Illinois court of competent jurisdiction, such provision shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. 11) Entire Agreement – This Agreement and the Exhibits attached hereto and incorporated herein shall constitute the entire Agreement between the parties and no other warranties, inducements, considerations, promises or interpretations, whether written or oral, shall be implied or impressed upon this Agreement. 12) Authority - 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. 6 13) Amendments – No changes, amendments, or modifications of this Agreement shall be valid unless in writing and signed by the authorized official of each party. 14) Notices - All notices due to the other party shall be delivered to the address indicated below: Pace City of Geneva 550 W. Algonquin Road 22 S. First Street Arlington Heights, IL 60005 Geneva, IL 60134 Attn: T.J. Ross, Executive Director Attn: Kevin R. Burns, Mayor Notices shall be deemed received when mailed. 15) Governing Law – Any disputes that arise as a result of this Agreement shall be heard in an Illinois court of competent jurisdiction and Illinois law shall be applied. 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 City of Geneva By: By: Thomas J. Ross Kevin R. Burns Executive Director Mayor Pace Suburban Bus Service City of Geneva Date: Date: _______________________________ 7 EXHIBIT A: GENEVA METRA SHUTTLE ROUTE AND SCHEDULE 1) Route – The Geneva Metra Shuttle will operate on the route illustrated below. Scheduled stops will occur at the First Baptist Church of Geneva, the Geneva Public Works Building, and the Geneva Metra Station. 2) Schedule – The Geneva Metra Shuttle will operate on weekdays according to the schedule shown below. There will be five AM trips and five PM trips, each connecting with a scheduled Metra train. WEEKDAY EASTBOUND METRA UP-WEST LINE CHICAGO GENEVA OGILVIE STATION STATION 1. FIRST 2. GENEVA 3. BUS TRAIN TRAIN BAPTIST PUBLIC ARRIVES DEPARTS ARRIVES CHURCH WORKS 5:51 AM 5:53 AM 5:57 AM 6:04 AM 7:11 AM 6:23 6:25 6:29 6:36 7:35 6:41 6:43 6:47 6:54 7:55 6:57 6:59 7:03 7:10 8:15 7:12 7:14 7:18 7:25 8:23 WEEKDAY WESTBOUND METRA UP-WEST LINE CHICAGO GENEVA OGILVIE STATION STATION 2. GENEVA 1. FIRST TRAIN TRAIN 3. BUS PUBLIC BAPTIST DEPARTS ARRIVES DEPARTS WORKS CHURCH 4:11 PM 5:16 PM 5:19 PM 5:23 PM 5:25 PM 5:04 5:57 6:00 6:04 6:06 5:34 6:35 6:38 6:42 6:44 5:42 6:48 6:53 6:57 6:59 6:10 7:13 7:16 7:20 7:22 3) Fares – No fares will be charged to riders.