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HomeMy WebLinkAbout2015-12-14 16-030 ORDERCOUNCIL ACTION Item No. 16-030 Date: December 14, 2015 Item/Subject: Order, Authorizing the City Manager to Execute a Memorandum of Agreement between the City of Bangor Community Connector and University of Maine System- Augusta Campus for Free Fare Ride Program Responsible Department: Executive Commentary: The Order would approve a Free Fare Program with the University of Maine System—Augusta campus, located in Bangor. This MOU will provide students and staff with free rides on the Community Connector for a set fee paid by the University with the presentation of the rider's college identification. The University has agreed to pay the City $6,300 for the 18 month term of the Agreement (January 1, 2016 through June 30, 2017). This Agreement is similar in nature to those already in place with the University of Maine –Orono Campus, Eastern Mane Community College and Husson University. These programs have worked well for both the Community Connector and the students and staff at these institutions. This item was reviewed and recommended for approval at the December 7, 2015 Government Operations Committee meeting. Manager's Comments: Recommend approval Associated Information: Budget Approval: Legal Approval: Introduced for Order, Agreement Department Head .� �'i� AI "10MR-11 Wi4an.. Finance Director • O 1 X Passage (Consent Agenda) First Reading Page _ of Referral 16-030 DECEMBER 14, 2015 Assigned to Councilor Nichols CCITY OF BANGOR (TITLE.) Order, Authorizing the City Manager to Execute a Memorandum of Agreement between the City of Bangor Community Connector and the University of Maine System- Augusta Campus for Free Fare Ride Program Be it Ordered by the Bangor City Council that. The City Manager is authorized to execute a Memorandum of Agreement between the City of Bangor Community Connector and the University of Maine System - Augusta Campus, located in Bangor for a Free -Fare ride program for students and staff for a term of January 1, 2016 through June 30, 2017 in the total amount of $6,300 and in accordance with the terms and conditions of the attached Agreement. IN CITY COUNCIL DECEMBER 14, 2015 PASSED AJ 00, CITY CLE MEMORANDUM OF AGREEMENT BETWEEN CITY OF BANGOR AND UNIVERSITY OF MAINE AT SYSTEM I. PARTIES 16-030 DECEMBER 14, 2015 The Parties to this Memorandum of Agreement (the "Agreement") are the City of Bangor (the "City"), a Maine municipal corporation, and the University of Maine System, acting through the University of Maine at Augusta ("UMA"), a Maine public university. II. TERM This Agreement shall take effect on January 1, 2016, and expire on June 30, 2017. III. CITY OBLIGATIONS The City will: A. Own and operate a transportation service known as Community Connector; B. Provide to UMA students and staff fare -free rides on all Community Connector routes upon presentation of a valid UMA identification card between January 1, 2016 and June 30, 2017; and C. Track such UMA student and staff usage on the Community Connector bus. IV. UMA OBLIGATIONS UMA will: A. Promote the usage of the Community Connector to its students and staff, B. Pay to the City three payments of Two Thousand and One Hundred Dollars ($2,100.00) each on January 1, 2016, August 1, 2016, and February 1, 2017, without prior demand or notice; C. Make such payments to: City of Bangor/Community Connector, 481 Maine Ave, Bangor, ME 04401; and D. Maintain cleanliness of and provide snow removal for the bus shelter and cutout for wheelchair approach at 103 Texas Avenue in Bangor. V. INDEMNIFICATION 16-030 DECEMBER 14, 2015 To the extent permitted by law, UMS shall indemnify and hold the City harmless from and against any and all claims, actions, lawsuits, judgments and costs, including reasonable attorney's fees, that the City may become liable to pay or defend due to bodily injury or property damage caused by the negligent acts or omissions of the University or its employees, arising out of or in connection with the University's obligations pursuant to this Agreement. This indemnification obligation shall not apply to any claim for which University would not be liable under the Maine Tort Claims Act (14 M.R.S.A. '8101, et seq.) if such claim were made directly against the University and University shall continue to enjoy all rights, claims, immunities and defenses available to it under law. V. TERMINATION This Agreement may be terminated or suspended by either party with thirty (30) days' written notice. Any fees owed by UMA shall be equitably prorated and promptly paid by UMA to the City. Any fees prepaid by UMA shall be equitably prorated and promptly paid to UMA by the City. VI. 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. Notifications and communications required under this Agreement shall be deemed sufficient if sent by first-class mail, postage prepaid to: For the City: Bus Superintendent Community Connector 481 Maine Avenue Bangor, ME 04401 For UMA: VII. SIGNATURES The Parties agree to the above as evidenced by their signatures below. CITY OF BANGOR 081A Catherine M. Conlow City Manager 2 UNIVERSITY OF MAINE AT AUGUSTA