HomeMy WebLinkAbout1983-11-14 84-11 ORDER86-11
Introduced by Councilor Franloel, mwemter 14, 19W
CITY OF BANGOR
RALE) @rbfr, Contract for Brever Transit Service
By City Couwail of tie Cftp ofBasw .
ORDEREDo
TEAT the City zianager is- hereby authorised to cascara a contract (a copy
of which is on file in the City C1erVs office) with the City of Brewer
for the counmencing of xranslt service to that City.
In City Council t em r 19,1963.
Paeeed - e4-11
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Tiue,
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-......................................
Introduced and filed by
:i. n
cnnnel,man
.INRa,:Na:9a
THIS ACRBE=
made this
day of
, 1983,
by
and between
the CITY OF BANGOR,
hereinafter
referred to as
"Bangor", and
the
CITY OF
BREWER, hereinafter
refereed to
as 'Brewer".
WITNESSETH:
IMEREAS, Bangor has applied to the State Dept. of Transportation for
appropriate authority to operate as a co®on carrier of passengers and
their baggage for hire between the City of Brewer and the City of Bangor;
and
WHEREAS, Bangor desires to enter into an agreement with Brewer under
which Bangor will providesuchservice to various areae of Brewer upon
future payment or subsidy by the Brewer municipal officers for any deficit
that may be incurred by Bangor in the operation of said Route,
NOW, THEREFORE, it is mutually agreed between the parties as follows:
1. SERVICE. During the term of this agreement,. or any astension
thereof, Bangor shall operate a motor bus service to and from points
approved by the State Dept. of Transportation between Breve[ and Bangor
for the common carriage of passengers and their baggage for hire on said
route.
2. TERM. The term of this agreement shall be from November 21, 1983
to June 30, 1984 and shall automatically be renewed on a 12 month basis
thereafter unless terminated by either party as provided herein.
3. OPERATORS AND SUPPLIES. Bangor shall furnish skilled and com-
petent operators, and all fuel, supplies, and accessories necessary for
the safe operation of said motor vehicles.
- - 4. LICENSES. Bangor shall procure and maintain in effect, any
and all licensem, permits or certificates which are, or any be,, required
by the State Dept. of Transportation for the performance of said service.
5. MAINTENANCE AND OPERATION. Bangor shall m intain and operate
said vehicles in a safe, efficient and lawful answer, and shall comply
with all orders, rules and regulations of the State Dept. of Transportation
governing the operation of said vehicles.
6. SUBSIDY. Brewer agrees to compensate Bangor for any deficit
incurred in providing the aforesaid services. Such deficit shall be
computed and billed by Bangor on a quarterly basis in on amount equal
to the difference between the operating costa and the revenues received
by Bangor in passenger fares for said quarter. It is further under-
stood and agreed that Bangor expects to make no profit from the service,
but merely wishes to be compensated for any deficit resulting from
operating experses, including appropriate egalpment replacement of its
capital investment, in excess of revenues. Within 20 days after the
expiration of each month during the term hereof, Bangor shall provide
Brewer with a report containing a breakdown of the operating expenses
and revenues for such monthly period.
7.TRANSPORTATION CONNITTBB. The parties understand and agree
that Bangor is the provider of the service specified herein, and as
such must retain the ability and flexibility to make all necessary
day-to-day management decisions relative to the operation of the route.
The parties above, also has special interests In the efficient operation
of the Brewer -Bangor route. For purposes of providing input into the
operation of said route, Brewer shall hereby become a member of the
previously established Area Transportation Committee, so called, now
composed of one voting member each from Bangor, Orono, Veazie, Old Town,
and Hampden. The Committee shall review the annual budget for said
route, and review all decisions by Bangor in making long-range changes
in the operation of said route. Iu addition, the Committee shall review
all grant applications by Bangor for Federal funds to be utilized in
conjunction with the operation of said route. Remover, all final decisions
regarding the financial operation of the Brewer route shall require. only
agreement between representatives of Brewer and Bangor Likewise, Brewer
shall not vote on the final decisions involving the financial operation of
the Bangor -Old Town Brute, Bangor�Hempden Route, or any other route in
the Bangor Transit System.
g TEBHINATION. In the event Brewer wishes to withdraw from -
participation under this agreement, notice of such decision shall be
sent by certified mail, return receipt requested, t0 the Bangor City
Nanager at lease thirty (30) days prior to the and of the then current
term. After service of notice this agreement shall automatically
terminate at the and of such term, or on such date as may be mutually
agreed upon by all the parties; provided, however, in the event the
City of Bangor is required by the State Dept. of Transportation or
some other governmental agency to continue providing service beyond
said termination date the terms and conditions contained herein shall
continue in effect until all necessary authorisations to discontinue
such service have been obtained. Any deficits or other charges still
remaining outstanding after such termination shall be paid in the same
manner as the quarterly payments by Beaver within thirty (30) days
-after receipt of a bill for such charges from Bangor.
9. ANEND4ffiNTS. This agreement may be modified or amended during
the initial team or any extension thereof by written instrument executed
by authorised representatives of all parties.
IN WITNESS WHEREOF, the parties hereto have signed the above Agree-
ment the day and year first written above.
CITY OF BANGOR
By
Title City Manager
Witness
CITY OF BREWER
Title City Homier
Witness ,