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Home My WebLink About2009-07-13 09-244 ORDERCOUNCIL ACTION Item No_9 " Date: 7-27-09 Item/Subject: Order, Authorizing the City Manager to Execute a BAT Community Connector Shuttle Service Operating Agreement with the Town of Orono Responsible Department: Executive/BAT Community Connector Commentary: This Order will authorize the City Manager to execute a BAT Community Connector shuttle service operating agreement with the Town of Orono. As has been previously reviewed and discussed on several occasions, BAT Community Connector will begin operating a new shuttle service in the fall between the University of Maine and downtown Orono. All costs associated with this service are being covered by the State Department of Transportation, the Town of Orono, and the University of Maine. The attached agreement outlines the various terms and conditions that relate to BAT Community Connector providing this service. The Agreement has been reviewed and approved by the City Solicitor as well as the Town of Orono and is now ready for City Council approval. The Agreement was reviewed and recommended for approval by the Government Operations Committee on July 14tH Manager's Comments: Recommend approval. Associated Information: Budget Approval: Legal Approval: Introduced for x Passage (CONSENT) First Reading Referral Order, Operating Agreement Department Head 12 W3;,05 SOP City Manager Page , of _ Finance Director City Solicitor 09 244 Assigned to Councilor Wheeler July 27, 2009 CITY OF BANGOR (TITLE.) Order, Authorizing the City Manager to Execute a BAT Community Connector Shuttle Service Operating Agreement with the Town of Orono By the City Council of the City of Bangor. ORDERED, THAT the City Manager is authorized to execute a BAT Community Connector Shuttle Service Operating Agreement with the Town of Orono, a copy of which is attached to this Order. IN CITY COUNCIL July 27, 2009 Passed CITY CLERK # 09-264 ORDER (TITLE,) Anrhnri zi ng the City Manager to Execute a BAT Community Connector Shuttle Service Operating Agreement with the Town of mann Assigned to Councilor t,j) h" 1,wallw-m o9 444 Agreement to Overate Shuttle Bud Service This Agreement made this I Vy of June, 2009, by and between the CITY OF BANGOR, as operator of BAT / Community Connector transit bus service (hereinafter referred to ks "Bangor"), and the TOWN OF ORONO (hereinafter referred to as WIDMSSETH- WHEREAS, Bangor has applied to and received authorization from the Maine State Department of Transportation to operate a "Shuttle" transit bus service for passengers between the University of Maine and the Town of Orono; and WHEREAS, Bangor and Orono desire to enter into an agreement under which Bangor will provide such Shuttle service to various areas of University of Maine and the Town of Orono; and WHEREAS, as pant of such agreement Orono will pay Bangor one-half (14) of any deficit that may be incurred by Bangor in the operation of said Shuttle Route. NOW, THEREFORE, it is mutually agreed between the parties as follows: 1. Ste. During the term of this agreement, or any extension thereog Bangor shall operate a Shuttle bus service on a route designated by the University and the Town of Orono for passengers on said route. Said route is subject to adjustment by University and Town of Orono as the needs ofpassengers may require. 2. Term The term of this agreement shall be from September 1, 2009 to June 30, 2010 and shall automatically renew for two consecutive ten month periods of September through June unless terminated by either party as provided herein. 3. OPERATORS AND SUPPLIES Bangor shall furnish skilled and competent operators, and supplies and accessories necessary for the safe operation of said transit vehicles. 4. LICENSES. Bangor shall procure and maintain in effect, any and all licenses, Pam2its or certificates which are, or may bey required by the State Department of Transportation for the performance of said service. 5. MAINTENTANCE AND,OPERATION Bangor shall maintain and operate said transit vehicles in a safe, efficient and lawful manner, and shall comply with alt orders, rules and regulations of the Federal Transportation Administration and State Department ofTranspartation governing the operation of said vehicles. Orono acknowledges that the University will provide the service and fuel for the two shuttle vehicles and bill the cost of this service to Bangor. 1y r-sn �� 9 �. 4 6. SUBSIDY/ DEFICIT. Orono agrees to subsidize / compensate Bangor for one- half ('f:) of any deficit incurred in providing the aforesaid Shuttle service. (The University shall compensate Bangor for the other one-half (1/2) of any -operating deficit). Should the budgeted subsidy be likely to increase by at least ten percent (10 %) during any year of operation, Bangor will provide notice to Orono in a timely manner in order that appropriate action may be taken to address any anticipated excess, including but not limited to, reducing service in lieu of incurring increased subsidy costs. Such deficit shall be computed and billed by Bangor on a quarterly basis in three equal payments, with the fourth bill serving as the final payment, with any adjustment and reconciliation for the twelve month period. It is further understood and agreed that Bangor does not intend to make a profit from the service, but to be compensated for any deficit resulting from operating expenses. Within 30 days after (or as soon thereafter as reasonably possible) the expiration of each month during the term hereof. Bangor shall provide Orono with a report containing an itemization of the operating expenses and revenues for monthly period. 7. TRANSPORTATION COMMITTEE. The parties acknowledge 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 -today management decisions relative to the operation of the Shuttle route. The parties acknowledge and agree that the University of Maine and the Town of Orono have a special interest in the efficient operation of the University of Maine / Town of Orono Shuttle Route. For purposes of providing input into the operation of said route, representatives of the University of Maine, the Town of Orono and Bangor shall create a Shuttle Transportation Committee. The Committee shall meet as needed to review the annual budget for said Route, review operational and policy decisions regarding the Route, and make recommendations for improvements of the Route, as may be appropriate from time to time. All final decisions regarding the financial operation of the University of Maine / Town of Orono Shuttle shall require agreement of the representatives of the University of Maine, the Town of Orono and Bangor. S. TERMINATION . In the event either party wishes to withdraw from participation under this agreement, notice of such decision shall be sent by certified mail, return receipt requested, to the other at least thirty (30) days prior to the end of any calendar month. Said notice shall be sent to the municipality's City/Town Manager. After service of notice, this agreement shall automatically terminate at the end of such month, or on such date as may be mutually agreed upon by all parties; provided, however, in the event the City of Bangor is required by the State Department 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 necessary authorization 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 Orono, i.e. within thirty days from receipt of such bill from Bangor. 9. MIS CELLANEO JS PROVISIONS. Two shuttle buses will be dedicated to the University / Town of Orono Shuttle service. One bus shalt be the primary service vehicle; the second bus will serve as the dedicated spare. It is the intention of BAT not to use these vehicles for non -shuttle related operations. The buses will have the following warranty schedules: Chassis 12 months unlimited; Body 12 months or Z5 09 244 following warranty schedules: Chassis 12 months unlimited; Body 12 months or 12,000 miles (structural 5 years or 150,000 miles); Transmission 3 years or 15%000 miles; Air Conditioning 2 years; and Accessibility Lid 5 years. Buses meet the requirements as 7 year / 200,000 mile vehicles. Advertising space on the Shuttle buses shall be under the control and direction of the University and Town of Orono, within BAT's current advertising policies, and any revenues received may be used for purposes they deem appropriate. Bangor shall carry comprehensive and liability insurance for the buses with a $1,000 deductible. 10. AMENDMENTS. This agreement may be modified or amended during the initial term or any extension thereof by written instrument executed by authorized representatives of all parties. IN WITNESS WHEREOF, the parties hereto have signed the above Agreement the day and year first written above. Witness 1 CITY OF BANGOR Name: Title: TOWN OF ORONO Name: C=krlr►� m . � nl Du) Title: --ren .2,6