Council/Staff Planning Session

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Council/Staff Planning Session

Meeting Date And Time

June 28, 2021 6:00 P.m., Council Chambers, 105 Milwaukee Mall Note: Council Members Will Be Utilizing Zoom.com To Attend The Meeting Remotely. Mayor And Staff Will Be Participating Via Computer In The Council Chambers. Public Can Attend In Person And Listen To The Meeting Discussion While Complying With The 6’ Social Distance Protocol Or They Can Attend The Meeting On Their Own Computer Via Zoom.com: Meeting ID 787 065 8066 Phone Number To Call To Participate Via Telephone: 312-626-6799

Call To Order Mayor's Comments

ATV Discussion – Wendy Gerber

AIS 4 ATV DISCUSSION.PDF

REC VEHICLE LICENSE APPLICATION_201906131028157433.PDF

Garage On Empty Lot On 6th Avenue – Rick Cordes

AIS JUNE 2021 SIXTH AVENUE RICK CORDES ACCESSORY BLDG REQUEST PLANNING SESSIONPDF.PDF

Mules In Town – Reicherts

AIS - 6 - MULES ON CLEVELAND.PDF

Parking Waiver Request – Vermeer

AIS 2019 VERMEER PARKING WAIVER COUNCIL PLANNING SESSIONPDF.PDF

NIACOG Transit Agreement Renewal

AIS 8 FY22-TRANSIT AGREEMENT BETWEEN CITY AND NIACOG.PDF

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Council/Staff Planning Session

Meeting Date And Time

June 28, 2021 6:00 P.m., Council Chambers, 105 Milwaukee Mall Note: Council Members Will Be Utilizing Zoom.com To Attend The Meeting Remotely. Mayor And Staff Will Be Participating Via Computer In The Council Chambers. Public Can Attend In Person And Listen To The Meeting Discussion While Complying With The 6’ Social Distance Protocol Or They Can Attend The Meeting On Their Own Computer Via Zoom.com: Meeting ID 787 065 8066 Phone Number To Call To Participate Via Telephone: 312-626-6799

Call To Order Mayor's Comments

ATV Discussion – Wendy Gerber

AIS 4 ATV DISCUSSION.PDF

REC VEHICLE LICENSE APPLICATION_201906131028157433.PDF

Garage On Empty Lot On 6th Avenue – Rick Cordes

AIS JUNE 2021 SIXTH AVENUE RICK CORDES ACCESSORY BLDG REQUEST PLANNING SESSIONPDF.PDF

Mules In Town – Reicherts

AIS - 6 - MULES ON CLEVELAND.PDF

Parking Waiver Request – Vermeer

AIS 2019 VERMEER PARKING WAIVER COUNCIL PLANNING SESSIONPDF.PDF

NIACOG Transit Agreement Renewal

AIS 8 FY22-TRANSIT AGREEMENT BETWEEN CITY AND NIACOG.PDF

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Recreational Vehicle License Requirements

Term: April 1 – March 31

1. REQUIREMENTS FOR RECREATIONAL VEHICLE LICENSE (GOLF CART OR MINI-TRUCK) ☐ Paid License Fee

☐ Completed City of Faribault Golf Cart or Mini-Truck Application ☐ Completed and Signed Release of Information Form

☐ Copy of State Issued ID or Driver’s License if applicable ☐ Physician’s Certification Form if applicable

2. ADDITIONAL REQUIREMENTS ☐ Certificate of Liability Insurance:

1. Coverage must comply with MN Statutes 65B.48 (vehicle coverage) - Combined Single Limit (CSL) policy or split limit policy. CSLhas one total limit of liability for all aspects of the accident -$100,000. Split Limit Policy-per occurrence and for property damage state statute requires policy limits of $30,000/$60,000/$10,000

2. If policy expires before March 31st of licensing period, then the certificate needs to state that the City of Faribault will be notified at least 30 days prior to cancellation or 10 days prior for non-payment.

3. City does not need to be listed as Additional Insured

☐ Review/Keep on file a copy of Chapter 15 of City Code related to recreational vehicle permits

Return Completed Application and Fees to: City of Faribault

Attention: Recreational Vehicle Licensing 208 1st_{Ave NW}

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208 NW 1st Avenue, Faribault MN 55021

APPLICATION FOR GOLF CART OR MINI-TRUCK

Applicant Information

Applicant Name Today’s

Date

Address Phone Number E-mail Address

Type of License & Fee

☐ Golf Cart - $150.00

(Copy of Driver’s License Required)

☐ Golf Cart - $75.00

(Physicians Certification Form Required)

☐ Mini-Truck - $75.00

(Copy of Driver’s License Required)

Recreational Vehicle Information

Vehicle Make Model Serial Number

Year Color or Markings

Required Emblems and Equipment

Motorized golf carts and mini trucks shall display the slow moving vehicle emblem provided for in Minnesota Statutes section 169.522 when operated on public roadways. Motorized golf carts and mini trucks shall be equipped with the following:

1. At least two (2) head lamps; 2. At least two (2) tail lamps;

3. Front and rear turn-signal lamps;

4. An exterior mirror mounted on the driver's side of the vehicle and either (i) an exterior mirror mounted on the passenger's side of the vehicle; or (ii) an interior rearview mirror;

5. A windshield;

6. A seat belt for the driver and front passenger; 7. A parking brake; and

8. A horn to alert other vehicle and pedestrian traffic.

Initials: _________

Recreational Vehicle Information

As an applicant for a Recreational Vehicle Permit, I agree to the following:

1. I am the owner of the recreational vehicle being registered and at least 16 years of age.

2. I agree to operate only on designated routes from sunrise to sunset. Golf carts and mini trucks may not be operated on any county, state or federal streets or roads.

a. Restricted roadways. Motorized golf carts and mini truck are prohibited from operating on any county, state or federal streets or roads. Motorized golf carts are further prohibited from operating on the following city streets:

i. Division Street from 1st Avenue NE, west to Highway 48; ii. Willow Street from Division Street south to City limits; iii. 1st Avenue NE from 4th Street NE north to 7th Street NE;

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vi. MN Hwy 3 (20th St NW from Lyndale Avenue east to 2nd Ave NW); vii. MN Hwy 3 (2nd Avenue NW from 20th Street NW to northern city limits); viii. MN Hwy 21 (Lyndale Avenue from MN60 north to northern city limits);

ix. MN Hwy 60/4th St NW/NE (from western city limits to 1st Avenue NE);

x. MN Hwy 60/1st Avenue NE (from 4th Street NE south to Division Street E/1st Street NE);

xi. MN Hwy 60/1st Street NE (from 1st Avenue NE/Willow St to eastern city limits; xii. MN Hwy 298 (6th Avenue SE from 1st Street NE south to Circle Drive);

xiii. MN Hwy 299 (6th Avenue NE from 1st Street NE/MN60 north to/including Olof Hanson Drive);

xiv. 7th Street NW/Co. Road 11 (from Roberds Lake Boulevard east to Lyndale Avenue/MN21);

xv. 7th Street NW/NE (from Lyndale Avenue/MN21 east to 1st Avenue NE;

xvi. 9th Avenue SW/Co. Road 18 (from 17th Street SW south to southern city limits); xvii. Andrews Drive./Co. Road 25 (from St. Paul Avenue to eastern city limits);

xviii. Bagley Avenue/ Co. Road 46 (from MN21/Lyndale Avenue north to northern city limits; xix. Glynview Trail/Co. Road 19 (from Willow Street east to city limits);

xx. Lyndale Avenue S/Co. Road 48 (from MN60 south to southern city limits); xxi. Park Avenue NW/Co. Road 76 (from 30th St NW north to northern city limits); xxii. St. Paul Avenue/Co. Road 20 (from Andrews Drive to eastern city limits);

xxiii. Western Avenue S/Co. Road 93 (from 4th Street NW south to southern city limits); xxiv. 30th Street NW – TH 21 (Lyndale Avenue) to Park Avenue NW; and

xxv. Western Avenue – Old 4th Street to T.H. 60.

3. I shall not operate in inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time there is insufficient light to clearly see a distance of 500 feet.

4. I understand the number of occupants may not exceed the design occupant load for the vehicle. 5. Proof of insurance will be possessed at all times during operation of the vehicle; Attach Certificate of

Insurance showing recreational vehicle coverage is in compliance with MN Statutes 65B.48

6. The permit will be affixed to the rear of the vehicle so it is clearly visible at all times during operation. 7. I understand that I have all the rights, duties, and responsibilities as any other vehicle operated on

city streets.

8. I have received a copy of the city of Faribault ordinance regulating recreational vehicles.

Initials: _________

By signing this application, I hereby certify the information provided in this application is complete and correct to the best of my knowledge, and I certify that I will strictly comply with the Laws of the State of Minnesota and the City of Faribault governing Recreational Vehicles.

Signature of Applicant Date

(OFFICE USE ONLY)

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GOLF CART PERMIT

PHYSICIAN’S CERTIFICATION FORM

To be eligible for a golf cart permit, applicant must meet one or more of the described definitions of a “physically disabled person”. Please check definition(s) applicant meets.

Print Name of Golf Cart Applicant:_ __Date of Birth:__________ 2010 Minnesota Statutes 169.345 PARKING PRIVILEGE FOR PHYSICALLY DISABLED.

Subd. 2. Definitions.

(f) "Physically disabled person" means a person who:

______ (1) because of disability cannot walk without significant risk of falling; ______ (2) because of disability cannot walk 200 feet without stopping to rest;

______ (3) because of disability cannot walk without the aid of another person, a walker, a cane, crutches, braces, a prosthetic device, or a wheelchair;

______ (4) restricted respiratory disease to extent that person's forced (respiratory) expiratory volu me for one second, when measured by spirometry, is less than one liter;

______ (5) has arterial oxygen tension (PaO2) of less than 60 mm/Hg on room air at rest; ______ (6) uses portable oxygen;

______ (7) cardiac condition to extent person's functional li mitations are classified in severity as class III or class IV according to standards set by American Heart Assn;

______ (8) has lost an arm or a leg and does not have or cannot use an artificial limb; or ______ (9) has a disability that would be aggravated by walking 200 feet under normal

environmental conditions to an extent that would be life threatening. Check one: This is a _______Temporary or ______ Permanent condition.

If Temporary, state duration: _____________________________________________

To your knowledge, is the applicant qualified, in all medical respects, to exercise reasonable and ordinary control over a golf cart? ________Yes ________ No

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CITY OF FARIBAULT ORDINANCE 2019-5

REPEALING AND REPLACING CHAPTER 15 ARTICLE V OF THE FARIBAULT CITY CODE

SECTION 1. Chapter 15 Article V of the Faribault City Code is hereby repealed in its entirety. SECTION 2. A new Chapter 15 Article V of the Faribault City Code is hereby adopted as follows: ARTICLE V. - OPERATION OF RECREATIONAL MOTOR VEHICLES

Sec. 15-80. - Definitions.

For the purposes of this article, the following words, terms and phrases shall have the meanings respectively ascribed to them in this section:

Physically disabled person means a person who fits the definition of physically disabled under Minnesota

Statute section 169.345, subdivision 2.

Mini truck means a motor vehicle that has four (4) wheels; is propelled by an electric motor with a rated power

of seven thousand five hundred (7,500) watts or less or an internal combustion engine with a piston displacement capacity of six hundred sixty (660) cubic centimeters or less; has a total dry weight of nine hundred (900) to two thousand two hundred (2,200) pounds; contains an enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo area or bed located at the rear of the vehicle; and was not originally manufactured to meet federal motor safety standards required of motor vehicles in the Code of Federal Regulations, Title 49, sections 571.101 to 571.404, and successor requirements. A mini truck does not include:

(1) A neighborhood electric vehicle or a medium-speed electric vehicle; or

(2) A motor vehicle that meets or exceeds the regulations in the Code of Federal Regulations, Title 49, section 571.500 and successor requirements.

Recreational motor vehicle means any propelled vehicle and any vehicle propelled or drawn by a

self-propelled vehicle used for recreational purposes, including, but not limited to: snowmobiles, as defined by Minnesota Statute Section 84.81; off-highway motorcycles, as defined by Minnesota Statute Section 84.787; off-highway vehicles, as defined by Minnesota Statute Section 84.771; all-terrain vehicles, as defined by

Minnesota Statute Section 84.92; off-road vehicles, as defined by Minnesota Statute Section 84.797; utility task vehicles (UTVs), hovercraft, and motor vehicles licensed for highway operation used for off-road recreational purposes.

Motorized golf cart means a motor vehicle designed and manufactured for operation on a golf course for

sporting or recreational purposes that is not capable of exceeding speeds of 20 miles per hour. Sec. 15-81. - Operation on private/public property; penalties.

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(b) The operation of recreational motor vehicles on publicly-owned property and roadways shall be governed by state statute and related regulations, as applicable to the specific type of vehicle being operated.

(c) Any person violating the provisions of this article is guilty of a misdemeanor. Sec. 15-82. - Motorized golf carts and mini trucks.

(a) Operation of motorized golf carts; mini trucks. Any resident of Faribault ages sixteen (16) and over who

possesses a valid driver’s license may operate a motorized golf cart or mini truck on the public roads of the city pursuant to the requirements and limitations of this section. Physically disabled persons without a valid driver’s license may obtain a permit to operate a motorized golf cart by providing a physician’s statement as described in subsection (c).

(b) Permit; insurance required. No person shall operate a motorized golf cart or mini truck without first

obtaining a permit as provided herein. The permit must be affixed to rear of the vehicle in a location that is clearly visible at all times during operation of the vehicle. Proof of valid insurance must be carried at all times during operation of the vehicle.

(c) Application. Every application for a permit shall be made on the form supplied by the city and shall

contain the following information:

(1) The name, address, and phone number of the applicant; (2) Proof of ownership of the vehicle;

(3) The make, model, and serial number of the vehicle;

(4) Proof of insurance complying with Minnesota Statute section 65B.48, subdivision 5; (5) Proof the applicant possesses a valid driver’s license; and

(6) If the applicant is applying as a physically disabled person without a valid driver’s license, a physician’s statement complying with the provisions of Minnesota Statute section 169.345, subdivision 2, stating the nature of the applicant’s disability and that the applicant is capable of safely operating a motorized golf cart.

(d) Renewal; permit fee. Permits granted pursuant to this section shall be valid for a period of three year

and must be renewed by April 1 of the year in which the permit expires. The fee for a permit shall be set by the city council as part of the annual fee resolution. Physically disabled applicants are qualified for a reduced fee motorized golf cart permit upon provision of the physician’s statement as described in subsection (c)(6), above. If a permit is issued or renewed after April 1 of a given year, payment of the entire permit fee is still required. (e) Required emblems and equipment. Motorized golf carts and mini trucks shall display the slow moving

vehicle emblem provided for in Minnesota Statutes section 169.522 when operated on public roadways. Motorized golf carts and mini trucks shall be equipped with the following:

(1) At least two (2) head lamps; (2) At least two (2) tail lamps; (3) Front and rear turn-signal lamps;

(4) An exterior mirror mounted on the driver's side of the vehicle and either (i) an exterior mirror mounted on the passenger's side of the vehicle; or (ii) an interior rearview mirror;

(5) A windshield;

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(7) A parking brake; and

(8) A horn to alert other vehicle and pedestrian traffic.

(f) Passengers. No motorized golf cart or mini truck may be operated in excess of the vehicle’s

manufacturer-designated maximum capacity and at no time shall the number of passengers on a vehicle exceed the number of seatbelts. Motorized golf carts shall not be operated on public roads with passengers in rearward facing seats, even if those seats are designated as passenger seats by the vehicle’s manufacturer.

(g) Time of operation; inclement weather. Motorized golf carts may only be operated from sunrise to

sunset. Motorized golf carts shall not be operated on snow or ice covered roadways in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient light to clearly see persons or vehicles on the roadway at a distance of five hundred (500) feet.

(h) Restricted roadways. Motorized golf carts and mini truck are prohibited from operating on any county,

state or federal streets or roads. Motorized golf carts are further prohibited from operating on the following city streets:

Division Street from 1st Avenue NE, west to Highway 48; Willow Street from Division Street south to City limits; 1st Avenue NE from 4th Street NE north to 7th Street NE;

2nd Avenue NW, from the intersection of 4th Street NW north to 13th Street NW; 7th Street NE/NW from 1st Avenue NE west to Highway 21;

MN Hwy 3 (20th St NW from Lyndale Avenue east to 2nd Ave NW); MN Hwy 3 (2nd Avenue NW from 20th Street NW to northern city limits); MN Hwy 21 (Lyndale Avenue from MN60 north to northern city limits); MN Hwy 60/4th St NW/NE (from western city limits to 1st Avenue NE);

MN Hwy 60/1st Avenue NE (from 4th Street NE south to Division Street E/1st Street NE); MN Hwy 60/1st Street NE (from 1st Avenue NE/Willow St to eastern city limits;

MN Hwy 298 (6th Avenue SE from 1st Street NE south to Circle Drive);

MN Hwy 299 (6th Avenue NE from 1st Street NE/MN60 north to/including Olof Hanson Drive); 7th Street NW/Co. Road 11 (from Roberds Lake Boulevard east to Lyndale Avenue/MN21); 7th Street NW/NE (from Lyndale Avenue/MN21 east to 1st Avenue NE;

9th Avenue SW/Co. Road 18 (from 17th Street SW south to southern city limits); Andrews Drive./Co. Road 25 (from St. Paul Avenue to eastern city limits);

Bagley Avenue/ Co. Road 46 (from MN21/Lyndale Avenue north to northern city limits; Glynview Trail/Co. Road 19 (from Willow Street east to city limits);

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Western Avenue S/Co. Road 93 (from 4th Street NW south to southern city limits); 30th Street NW – TH 21 (Lyndale Avenue) to Park Avenue NW; and

Western Avenue – Old 4th Street to T.H. 60.

(i) Intersections. The operator of a motorized golf cart or mini truck may cross any restricted roadway

incidental to lawful operation and travel.

(j) Application of traffic laws. Every person operating a motorized golf cart or mini truck pursuant to this

section has all the rights and duties applicable to the driver of any other vehicle under the provisions of

Minnesota Statutes Chapter 169, except when these provisions cannot reasonably be applied to motorized golf carts and except as otherwise specifically provided in subdivision (h) below.

(k) Applicable state laws. The provisions in Minnesota Statutes Chapter 171 shall apply to operators of mini

trucks and motorized golf carts, except for permitted operators who are physically disabled persons without a valid driver’s license. Except for the requirements of Minnesota Statutes section 169.70, the provisions of Chapter 169 relating to equipment on vehicles are inapplicable to motorized golf carts operating pursuant to this section.

(l) Revocation of permit. A permit may be revoked at any time by the chief of police/designee if there is

evidence that the permittee cannot safely operate the vehicle in accordance with the requirements of this section. A revocation by the chief of police/designee may be reviewed by appeal to the city council. (m) Lane occupancy. Mini trucks and motorized golf carts shall be operated, at all times, as close to the

right hand curb as safely possible, except when the driver is making a left hand turn.

(n) Sidewalks, trails. No person shall operate a motorized golf cart or mini truck on a public sidewalk or

trail unless otherwise authorized.

Editor's note— Ord. No. 2010-14, § 1, adopted Dec. 28, 2010, changed the title of § 15-82 from "Motorized golf carts" to "Motorized golf carts and mini trucks." This historical notation has been preserved for reference purposes.

Secs. 15-83—15-89. - Reserved.

[Remainder of page intentionally left blank]

SECTION 3. This ordinance shall take effect and be in force after its passage and publication in accordance with Section 3.05 of the City Charter.

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MEETING DATE: 06/28/21 ITEM: 5 __________________________________________________________________

AGENDA ITEM SUMMARY

Subject: Continue discussion of request from Rick Cordes to construct an accessory structure in the 1000 block of Sixth Avenue

__________________________________________________________________ Background Summary:

At the May 12, 20021 planning session, Rick Cordes presented a request to build an accessory structure (three stall garage) on a vacant lot located on the south side of Sixth Avenue east of J Street. Since Mr. Cordes lives outside of the Charles City corporate limits, Ordinance 1139, which allows City residents to construct accessory structures on vacant lots, does not apply. The topic was discussed at length but no solution or resolution to the matter was decided.

Mr. Cordes is seeking additional consideration for his request to construct the garage on the vacant lot on Sixth Avenue. The Council is scheduled to again discuss this matter with Mr. Cordes at Monday’s planning session.

Since Ordinance 1139 cannot be used in this situation, the Council can take no action and Mr. Cordes’ building permit request will be denied, or the Council can direct the Planning and Zoning Commission to study the ordinance and make a recommendation for a revision to the ordinance. A revision can be implemented through the ordinance amendment process or made a part of the new unified development ordinance (zoning ordinance).

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Request from Rick Cordes

to construct an accessory structure

1000 block of Sixth Avenue

Sixth Ave

Cordes Parcel

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MEETING DATE: 06/28/21 ITEM: 6

__________________________________________________________________

AGENDA ITEM SUMMARY

Subject: Request for Livestock on City Limits – Mules on Cleveland Avenue.

_____________________________________________________________

Background Summary:

Mike and Jamie Reicherts forwarded the following message to me following a phone conversation requesting the ability to keep mules within city limits.

We are interested in purchasing a piece of property north of L&J welding. It is on 1903 Cleveland Ave. The property is 10 acres of heavily wooded land. We would like to put four mules on this property as my husband is a Cowboy Chaplin and we use them in our ministry. We would need to clear some trees to make a border fence around the property.

We would also need to put up some buildings to accommodate us. Thank you for your time.

Chapter 55.03 Livestock - grants the city council permission to allow livestock within city limits. As you can see from the attached overhead map the location being requested in at the northern city limits of the community and is generally removed from other properties or many adjacent neighbors. John can confirm zoning but I believe it is Conservation/M-1/M-2 industrial zoning which would be more compatible than residential or commercial.

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Lincoln Elementry

property requested for mules.

sportsman park

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MEETING DATE: 06/28/21 ITEM: 7 __________________________________________________________________

AGENDA ITEM SUMMARY

Subject: Request by Vermeer Iowa & Northern Missouri to waive certain off-street parking requirements as stipulated in Section XXII of the City’s Zoning Ordinance

__________________________________________________________________ Background Summary:

Mr. Brandon Waddingham with Vermeer Iowa & Northern Missouri (Vermeer Iowa) has applied for a waiver of the parking requirements in Chapter 22 of the Zoning Ordinance. The request is to temporarily delay the full implementation of parking lot paving requirements for a period of five (5) years.

Vermeer Iowa has purchased the former Marzen Towing Service building located at 1107 South Grand Avenue. Vermeer Iowa is in the process of remodeling the building to consist of service shop area, showroom, parts room, storage areas, and office and garage space. Mr. Waddingham has indicated Vermeer has plans to meet the requirements but is requesting additional time due to the large investment the company is making in the building remodeling improvements. Information from Vermeer is attached for the Council’s information. The site plan locations are approximate and color coded to provide information on how the paving will be completed in phases.

• The green sections are currently concrete.

• The yellow sections are areas that will be concrete and completed first. • The blue sections will be the second area of focus.

• The purple section will be a landscaped island area, • The orange section will be the next priority area.

• The last section completed will be the driveway from Beck Street to the fenced in area

The final paving areas will meet the minimum requirements as specified in the City’s zoning ordinance. The second attachment indicates the minimum required paving areas as shown on an aerial photo of the site.

The Planning and Zoning Commission met on June 21st_{to consider the waiver} request. The Commission is recommending the Council approve the requested five (5) year time extension.

Mr. Waddingham will be available at the meeting to answer any questions.

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Garage area Tool Storage Break Room Manager Office Bathroom Storage Unused

Service shop Showroom

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MEETING DATE: 06/28/21 ITEM:8

AGENDA ITEM SUMMARY

Subject: Consider one-year renewal of agreements between City of Charles City and NIACOG for city and county transit service.

__________________________________________________________________

________________________________________________________________ Background Summary:

The agreements with NIACOG for city and county transit services are up for renewal. NIACOG has submitted these agreements for us to review and approve. There are a couple changes in language being required by NIACOG,

1 - Further defined training listed by NIACOG

2- $3M in excess liability covereage provided by NIACOG for busses 3- Additional breakout within the insurance infromation.

Ticket prices are planned to remain at $1.50 for student, $1.00 for elderly/disabled and $4 for a regular ticket for city services. The agreements are for one year.

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TRANSIT SERVICE AGREEMENT

for FY 2022

Parties to the Agreement: City of Charles City

and

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PURCHASE OF SERVICE AGREEMENT 1.0 General Provisions

2.0 Roles and Responsibilities 3.0 Performance Standards 4.0 Finances

5.0 Reporting Requirements 6.0 Contract Non-Performance

7.0 Termination or Suspension of Project

8.0 Renewal, Renegotiations, and Modifications 9.0 Assignability and Subcontracting

10.0 Additional Agreement Provisions 11.0 Nondiscrimination

12.0 Hold Harmless 13.0 Vehicles

1.0 GENERAL PROVISIONS

1.1 PARTIES TO AGREEMENT, made and entered into this ___________ day of __________________________ by and between City of Charles City hereinafter called, “TRANSIT PROVIDER" and North Iowa Area Council of Governments/Region 2 Transit System, hereinafter called, NIACOG.

In consideration of the mutual covenants, promises, and representative herein, the parties agree as follows:

1.2 DURATION:

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1.3 PURPOSE OF AGREEMENT

The purpose of this Agreement is to provide for the operation of public transportation services to TRANSIT PROVIDER as authorized and described in this Agreement and called the "PROJECT", as described on Appendix A attached.

1.4 ITEMS COVERED BY THE AGREEMENT

Items covered include the parties, the terms and conditions upon which reimbursement will be provided and the understandings and promises made as to the manner in which the PROJECT will be undertaken and completed.

1.5 AUTHORIZED REPRESENTATIVES

The authorized representative for NIACOG is Myrtle Nelson, Executive Director. The authorized representative for TRANSIT PROVIDER, is Dean Andrews, Mayor.

1.6 PROJECT MANAGERS

PROJECT Manager for NIACOG is Kevin Kramer, Transit Administrator, who is directly responsible for the performance called for in this Agreement.

The PROJECT Manager for TRANSIT PROVIDER is Steven Diers, City Administrator who is directly responsible for the performance called for in this Agreement.

2.0 ROLES AND RESPONSIBILITIES 2.1 PROVISION OF VEHICLES

NIACOG shall provide all vehicles necessary to the performance of the PROJECT. Vehicle usage shall be limited to the normal, daily services which TRANSIT PROVIDER provides to PROJECT participants. Vehicle usage outside of Region 2 Counties (Cerro Gordo, Floyd, Franklin, Hancock, Kossuth, Mitchell, Winnebago, and Worth) shall be only with prior NIACOG approval. 2.2 PERSONNEL

TRANSIT PROVIDER and NIACOG shall provide all personnel necessary to the performance of the PROJECT. NIACOG shall at a minimum, conduct at least one drivers’ records check on all drivers of NIACOG owned vehicles during the term of this agreement.

2.3 VEHICLE MAINTENANCE

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Preventive Maintenance Schedule. TRANSIT PROVIDER shall arrange with NIACOG, a annual safety inspection of the vehicle(s) during the term of this agreement. The vehicles must be in a “State of Good Repair” in accordance with the Federal Public Transit Safety Program (49 U.S.C. 5329) to ensure proper maintenance and safe operation of the vehicle(s). Repairs to vehicles will be made by NIACOG at the TRANSIT PROVIDER’s expense, as identified by the Vehicle Safety Inspection.

At the expiration or termination of this Agreement, the vehicles and all safety equipment in the vehicles will be returned to NIACOG in good condition, reasonable wear and tear excepted.

2.4 EQUIPMENT

NIACOG shall provide all vehicles and associated equipment as described in Section 13.

2.5 VEHICLE INSURANCE

NIACOG shall provide all vehicle insurance necessary for the PROJECT, and shall maintain no less than the following coverage’s during the PROJECT period:

Liability - $2,000,000 Combined Single Limit Excess Liability - $3,000,000

Collision - $500 Deductible

Comprehensive - $250 Deductible

Uninsured/Underinsured Motorist - $2,000,000 Aggregate Medical - $2,000

2.51 TRANSIT PROVIDER will be listed as an additional insured at the limits listed in Paragraph 2.5, including $2,000,000 of General Liability coverage.

2.52 TRANSIT PROVIDER must maintain a minimum of $1,000,000 of its own General Liability coverage. NIACOG shall be listed as an additional insured.

2.52 All TRANSIT PROVIDER employees must be covered under the TRANSIT PROVIDER’s Workers Compensation Insurance.

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2.6 ACCOUNTING

INFORMATION TO BE FURNISHED BY TRANSIT PROVIDER TO NIACOG. TRANSIT PROVIDER shall furnish monthly operating costs and system statistics to NIACOG during the term of this Agreement. Such information shall be submitted by the TRANSIT PROVIDER to NIACOG by the 10th day of the following month.

2.7 COST REIMBURSEMENT

NIACOG will promptly reimburse TRANSIT PROVIDER for all justified and complete billings.

2.8 ELIGIBILITY

Any person residing in, visiting or otherwise present within the service boundaries as described in Section 2.9 is eligible to use the service, within the established hours of operation, acceptance of fares charged and acceptance of all other rules and guidelines established for service operation. All transit service funded under this contract will be provided in vehicles which are open to the public without discrimination.

2.9 Service Description

The TRANSIT PROVIDER will operate a transit service within the City of Charles City, and the surrounding area, on a demand response basis, Monday through Friday, 7:00 a.m. - 4:00 p.m., except for the following holidays, should they fall on a weekday: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day.

TRANSIT PROVIDER agrees to alter the above hours to better utilize the vehicles, as determined by mutual agreement with NIACOG and TRANSIT PROVIDER.

3.0 PERFORMANCE STANDARDS 3.1 SERVICE STANDARDS

NIACOG shall provide the PROJECT service, as stated in Appendix A except under extraordinary circumstances, and said standard shall be maintained during no less than 95% of the hours of normal operation of the contract period. 3.2 PERSONNEL TRAINING

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instructional materials and training to the limits of NIACOG’s ability. This does not relieve TRANSIT PROVIDER from the responsibility of assuring the qualifications of its own drivers. TRANSIT PROVIDER will report all training of transit personnel to NIACOG, as it occurs.

3.3 STATISTICAL DATA

TRANSIT PROVIDER shall provide statistical data to NIACOG in accordance with the reporting schedule attached.

3.4 IDENTIFICATION OF PROJECT COSTS

NIACOG shall maintain a set of accounts which clearly identify and document PROJECT costs.

4.0 FINANCES

4.1 RATE OF PAYMENT FOR SERVICES

NIACOG will pay TRANSIT PROVIDER for transit services provided under this Agreement at the rate outlined in Appendix A.

4.2 REQUESTS FOR PAYMENT

TRANSIT PROVIDER shall invoice NIACOG for any PROJECT costs on a monthly basis.

4.3 TERMS OF PAYMENT

NIACOG will make payments within thirty working days after receipt of the invoice.

4.4 MEANS OF PAYMENT

NIACOG will make payment via check, money order, or other auditable form of payment.

4.5 COLLECTION OF REVENUES

Collection and accounting of passenger fares or donations will be carried out in accordance with paragraph 3 of Appendix A.

4.6 INSPECTION

TRANSIT PROVIDER shall permit NIACOG to inspect all vehicles, facilities, equipment and all transit data and records pertaining to the PROJECT.

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NIACOG agrees to supply statistical data to the Iowa Department of Transportation, relative to passengers transported and costs directly associated with service delivery in compliance with 324A of the Code of Iowa.

6.0 CONTRACT NON-PERFORMANCE 6.1 NIACOG NON-COMPLIANCE

In the event of NIACOG non-compliance with the provisions of this contract, TRANSIT PROVIDER may impose contract sanctions, including but not limited to:

(A) Withholding of service to NIACOG under the Agreement until NIACOG complies and/or

(B) Cancellation, termination, or suspension of the Agreement, in whole or in part.

6.2 TRANSIT PROVIDER NON-COMPLIANCE

In the event of TRANSIT PROVIDER's non-compliance with the provision of this contract, NIACOG may impose such contract sanctions as it may determine to be appropriate, including, but not limited to:

(A) Withholding of payment to TRANSIT PROVIDER under the Agreement until TRANSIT PROVIDER complies and/or

7.0 TERMINATION OR SUSPENSION OF PROJECT

7.1 TERMINATION OR SUSPENSION GENERALLY

If either party abandons or before completion, discontinues the PROJECT; or if by reason the commencement, prosecution or timely completion, of the PROJECT by either party is rendered improbable, infeasible, impossible, or illegal, the other party may, by written notice of 15 days, terminate the Agreement or suspend any or all of its obligations under this Agreement until such time as the events or conditions resulting in such suspension has ceased or been corrected.

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This Agreement may be amended by mutual consent. Said amendment to be in writing and signed by both parties.

8.2 SIGNATORY REQUIREMENTS

Any amendment to the language of the Agreement, excepting Appendix A or any financial amendment will require the signatures of the authorized representatives.

Any amendment to Appendix A of a non-financial nature may be made by the PROJECT Managers and will require their signatures only.

Any day-to-day operational change of the PROJECT services of a total duration of ten (10) working days or less may be made by verbal agreement of the PROJECT Managers.

9.0 ASSIGNABILITY AND SUBCONTRACTING

TRANSIT PROVIDER will delegate, assign, and subcontract certain rights and obligations under this Agreement to Circle K Communications, Inc., an Iowa Corporation with a principal place of business in Charles City, Iowa (Circle K), including but not limited to scheduling and dispatching services, operation support, daily storage and maintenance of vehicles, reporting requirements, and maintenance of accounting and records.

NIACOG understands that TRANSIT PROVIDER has subcontracted and assigned or will subcontract and assign certain rights and obligations to Circle K in connection with this Agreement, and NIACOG hereby approves of and consents to such subcontract, delegation, and assignment.

TRANSIT PROVIDER shall not otherwise subcontract, assign, or transfer any other vehicle operations for this project without the prior approval of NIACOG and of the Iowa Department of Transportation. In the event of such approval, the party or parties to whom such work in contracted, assigned, or transferred, shall be bound and obligated by the terms and conditions of this Agreement.

10.0 ADDITIONAL AGREEMENT PROVISIONS 10.1 WORDING

All words used herein in the singular form shall extend to and include the plural. All words used herein in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.

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It is further understood that this Agreement and all contracts entered into and under this Agreement shall be binding upon TRANSIT PROVIDER, NIACOG, and their successors and assigns.

10.3 PROHIBITED INTEREST

No member, officer or employee of NIACOG or TRANSIT PROVIDER during this tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

No member or delegate to the Iowa State Legislature or to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising here from.

10.4 ENTIRE AGREEMENT

This Agreement, expresses the entire Agreement between the parties and no representations, promises, or warranties have been made by either of the parties that are not fully expressed herein concerning this PROJECT.

10.5 SAVINGS CLAUSE

If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law.

10.6 BONUS AND COMMISSION PROHIBITION

By execution of the Agreement, NIACOG and TRANSIT PROVIDER represent that they have not paid and, also, agree not to pay, any bonus or commission for the purpose of obtaining an approval of this Agreement.

10.7 COMPLIANCE WITH LAWS

NIACOG and TRANSIT PROVIDER agree to comply with all Federal, State, and Local laws, ordinances and resolutions applicable to this Agreement.

10.8 IOWA DOT AUDIT

TRANSIT PROVIDER shall permit the Iowa Department of Transportation to inspect and audit all work materials, records, books and accounts and any other data with regards to the AGREEMENT. All records applicable to the AGREEMENT must be retained and available to the Iowa Department of Transportation for a period of three years after the closing of the AGREEMENT period.

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The following are mandatory Federal Transit Administration (FTA) and/or Iowa Department of Transportation requirements to be incorporated into all third party Operating Contracts and Agreements for FY 2022. Some of the items have been discussed in the text of this Agreement.

1. Service is for the transportation of passengers and is open to all members of the public on an equal basis.

2. NIACOG owned vehicles are insured for service to all members of the public.

3. NIACOG will provide Liability coverage to a minimum of $2.0 million including uninsured and underinsured driver coverage on all NIACOG owned vehicles.

4. Each driver of a NIACOG vehicle shall have a valid class “C” Commercial Motor Vehicle Driver License with a passenger endorsement, per the Federal Program guidelines..

5. All revenues received by TRANSIT PROVIDER from passengers must be reported to NIACOG and will be credited against TRANSIT PROVIDER’S operating costs.

6. TRANSIT PROVIDER will participate in a Drug and Alcohol Testing program that conforms to the Federal Transit Administration (FTA) regulations; 49 CFR Parts 29, 40 and 655. These regulations mandate that NIACOG and each of its subcontractors or providers comply with “Procedures for Transportation Workplace Drug and Alcohol Testing Programs”. All safety-sensitive personnel are required to submit to drug and alcohol testing. NIACOG has adopted policies pursuant to these regulations that are detailed in the Region 2 Transit System’s, Policy

and Procedures, manual. Required testing will occur for prohibited

drugs and alcohol, in these circumstances: pre-employment, random selection, reasonable suspicion, post accident, return to duty and follow-up.

7. SMOKEFREE AIR ACT - Smoking is prohibited and no person shall smoke in any of the following: The grounds of any buildings or within any vehicles owned, leased, or operated by or under the control of NIACOG.

8. SEAT BELT USE - In compliance with Federal Executive Order No. 13043, “Increasing Seat Belt Use in the United States,” TRANSIT PROVIDER will adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate NIACOG owned vehicles. 9. TEXTING WHILE DRIVING AND DISTRACTED DRIVING - Consistent with

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Messaging While Driving,” TRANSIT PROVIDER will prohibit the use of hand held mobile devices while operating NIACOG owned vehicles.

11. NON-DISCRIMINATION 11.1 CIVIL RIGHTS

TRANSIT PROVIDER will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses that follow.

11.2 EQUAL EMPLOYMENT OPPORTUNITY

(A) In connection with the execution of this contract, TRANSIT PROVIDER shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex or national origin. TRANSIT PROVIDER shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, age, handicap, religion, color, sex or national origin. Such actions shall include, but not limited to the following:

Employment, promotion, demotion or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurements of materials, and leases of equipment.

TRANSIT PROVIDER shall not participate either directly or indirectly in prohibited discrimination.

(B) In all solicitations either by competitive bidding or negotiation made by TRANSIT PROVIDER for work to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall be notified by TRANSIT PROVIDER of TRANSIT PROVIDER's obligations under this contract relative to nondiscrimination on the grounds of race, age, handicap, color, sex, national origin, or religion.

11.3 DISADVANTAGED BUSINESS ENTERPRISES

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12. HOLD HARMLESS

NIACOG and TRANSIT PROVIDER will hold the Iowa Department of Transportation harmless from any losses related to the provision of contract services or to the use of vehicles purchased with funds administered by the Iowa Department of Transportation Office of Public Transit.

TRANSIT PROVIDER agrees to hold NIACOG harmless from losses that are beyond NIACOG's control that may prevent the provision of the services called for in this AGREEMENT.

NIACOG agrees to hold the TRANSIT PROVIDER harmless from losses resulting from transit system actions. This "Hold Harmless" clause will not relieve TRANSIT PROVIDER of any responsibilities due to neglect on the part of a TRANSIT PROVIDER employee.

13. VEHICLES

Vehicles assigned to the Project:

ID YEAR MAKE/MODEL VIN FEE

E012 2021 Ford/Elkhart Coach Bus 1FDFE4FN3MDC27599 $ 1.00 E013 2021 Ford/Elkhart Coach Bus 1FDFE4FN6MDC27600 $ 1.00 E014 2021 Ford/Elkhart Coach Bus 1FDFE4FN8MDC27601 $ 1.00

1. NIACOG will provide properly maintained and insured vehicles.

2. It is the responsibility of TRANSIT PROVIDER to follow proper daily maintenance procedures and to operate as efficiently and as economically as possible.

3. NIACOG reserves the right to use these vehicles for other operations when not under normal use per this Agreement.

4. TRANSIT PROVIDER will assure proper utilization of the assigned vehicles.

5. Each vehicle listed in Section 13 of this AGREEMENT shall bear Iowa Transit vehicle license plates and regional transit system signage, prominently displayed on the right and left side of the vehicle.

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North Iowa Area Council of Governments

By:______________________________________ _____________ Myrtle Nelson, Executive Director Date

City of Charles City

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APPENDIX A

1. NIACOG will reimburse TRANSIT PROVIDER for ONE HALF OF THE SERVICE’S MONTHLY OPERATING DEFICIT. The operating deficit shall be determined by subtracting the coupon and fare revenue from the eligible monthly operating costs. NIACOG shall determine the eligibility of all costs.

2. Estimated number of service units 52,450 Estimated contributions/fares $ 51,000 Maximum contract amount $ 207,000

Possible sources of support FTA, STA, Fares, City, SA, NEMT Estimated yearly mileage for the TRANSIT PROVIDER is 83,000.

3. TRANSIT PROVIDER agrees to request a cash contribution from each elderly (60 years of age or older) or disabled person with disabilities for each one-way trip provided. The TRANSIT PROVIDER further agrees to accept a legitimate rider coupon in lieu of a cash contribution for each one-way trip from any eligible person.

Fare Rates Within City

Elderly/Disabled (white ticket) $1.00 per one way ride Student (blue ticket) $1.50 per one way ride General Public $4.00 per one way ride Within County

Elderly/Disabled/Student (pink ticket) $2.00 per one way ride General Public $4.00 per one way ride

4. NIACOG will be responsible for obtaining insurance coverage for the vehicles used in connection with the project. NIACOG will charge back insurance coverage to the TRANSIT PROVIDER including comprehensive and collision deductibles.

5. TRANSIT PROVIDER will pay NIACOG $ 3.00 to be applied to a Capital Match Fund for future purchases of capital equipment or rehabilitation of existing equipment.

6. TRANSIT PROVIDER will reimburse NIACOG within 30 days of the receipt of an invoice. 7. The TRANSIT PROVIDER shall submit a monthly transit report on a form provided by

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TRANSIT SERVICE AGREEMENT

for FY 2022

Parties to the Agreement: City of Charles City

and

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PURCHASE OF SERVICE AGREEMENT 1.0 General Provisions

2.0 Roles and Responsibilities 3.0 Performance Standards 4.0 Finances

5.0 Reporting Requirements 6.0 Contract Non-Performance

7.0 Termination or Suspension of Project

8.0 Renewal, Renegotiations, and Modifications 9.0 Assignability and Subcontracting

10.0 Additional Agreement Provisions 11.0 Nondiscrimination

12.0 Hold Harmless 13.0 Vehicles

1.0 GENERAL PROVISIONS

1.1 PARTIES TO AGREEMENT, made and entered into this ____________________________ by and between City of Charles City hereinafter called, “TRANSIT PROVIDER" and North Iowa Area Council of Governments/Region 2 Transit System, hereinafter called, NIACOG.

In consideration of the mutual covenants, promises, and representative herein, the parties agree as follows:

1.2 DURATION:

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1.3 PURPOSE OF AGREEMENT

The purpose of this Agreement is to provide for the operation of public transportation services to TRANSIT PROVIDER as authorized and described in this Agreement and called the "PROJECT", as described on Appendix A attached.

1.4 ITEMS COVERED BY THE AGREEMENT

Items covered include the parties, the terms and conditions upon which reimbursement will be provided and the understandings and promises made as to the manner in which the PROJECT will be undertaken and completed.

1.5 AUTHORIZED REPRESENTATIVES

The authorized representative for NIACOG is Myrtle Nelson, Executive Director. The authorized representative for TRANSIT PROVIDER, is Dean Andrews, Mayor.

1.6 PROJECT MANAGERS

PROJECT Manager for NIACOG is Kevin Kramer, Transit Administrator, who is directly responsible for the performance called for in this Agreement.

The PROJECT Manager for TRANSIT PROVIDER is Steven Diers, City Administrator who is directly responsible for the performance called for in this Agreement.

2.0 ROLES AND RESPONSIBILITIES 2.1 PROVISION OF VEHICLES

NIACOG shall provide all vehicles necessary to the performance of the PROJECT. Vehicle usage shall be limited to the normal, daily services which TRANSIT PROVIDER provides to PROJECT participants. Vehicle usage outside of Region 2 Counties (Cerro Gordo, Floyd, Franklin, Hancock, Kossuth, Mitchell, Winnebago, and Worth) shall be only with prior NIACOG approval. 2.2 PERSONNEL

TRANSIT PROVIDER and NIACOG shall provide all personnel necessary to the performance of the PROJECT. NIACOG shall at a minimum, conduct at least one drivers’ records check on all drivers of NIACOG owned vehicles during the term of this agreement.

2.3 VEHICLE MAINTENANCE

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Preventive Maintenance Schedule. TRANSIT PROVIDER shall arrange with NIACOG, a annual safety inspection of the vehicle(s) during the term of this agreement. The vehicles must be in a “State of Good Repair” in accordance with the Federal Public Transit Safety Program (49 U.S.C. 5329) to ensure proper maintenance and safe operation of the vehicle(s). Repairs to vehicles will be made by NIACOG at the TRANSIT PROVIDER’s expense, as identified by the Vehicle Safety Inspection.

At the expiration or termination of this Agreement, the vehicles and all safety equipment in the vehicles will be returned to NIACOG in good condition, reasonable wear and tear excepted.

2.4 EQUIPMENT

NIACOG shall provide all vehicles and associated equipment as described in Section 13.

2.5 VEHICLE INSURANCE

NIACOG shall provide all vehicle insurance necessary for the PROJECT, and shall maintain no less than the following coverage’s during the PROJECT period:

Liability - $2,000,000 Combined Single Limit Excess Liability - $3,000,000 Collision - $500 Deductible Comprehensive - $250 Deductible Uninsured/Underinsured Motorist - $2,000,000 Aggregate Medical - $2,000

2.51 TRANSIT PROVIDER will be listed as an additional insured at the limits listed in Paragraph 2.5, including General Liability and Excess Liability coverage.

2.52 TRANSIT PROVIDER must maintain a minimum of $1,000,000 of its own General Liability coverage. NIACOG shall be listed as an additional insured.

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2.6 ACCOUNTING

INFORMATION TO BE FURNISHED BY TRANSIT PROVIDER TO NIACOG. TRANSIT PROVIDER shall furnish monthly operating costs and system statistics to NIACOG during the term of this Agreement. Such information shall be submitted by the TRANSIT PROVIDER to NIACOG by the 10th day of the following month.

2.7 COST REIMBURSEMENT

NIACOG will promptly reimburse TRANSIT PROVIDER for all justified and complete billings.

2.8 ELIGIBILITY

Any person residing in, visiting or otherwise present within the service boundaries as described in Section 2.9 is eligible to use the service, within the established hours of operation, acceptance of fares charged and acceptance of all other rules and guidelines established for service operation. All transit service funded under this contract will be provided in vehicles which are open to the public without discrimination.

2.9 Service Description

The TRANSIT PROVIDER will operate a transit service for residents within Floyd County, Iowa, and the surrounding area, on a demand response basis, Monday through Friday, 7:00 a.m. - 4:00 p.m., except for the following holidays, should they fall on a weekday: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day.

TRANSIT PROVIDER agrees to operate county-wide service, for the general public, Service will utilize vehicle(s) in a coordinated manner to serve all parties in need of transportation with daily service offered regularly to/from Mason City, Iowa. Service will be available to/from any destination within Region 2 to/from any destination within Floyd County in a coordinated manner with other transit providers within the Region and to make back-up or supplemental vehicles available, as needed, to other services (i.e Charles City Public Transit). and may include requests from NIACOG to other locations within the State of Iowa.

TRANSIT PROVIDER agrees to alter the above hours to better utilize the vehicles, as determined by mutual agreement with NIACOG and SUBCONTRACTOR.

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NIACOG shall provide the PROJECT service, as stated in Appendix A except under extraordinary circumstances, and said standard shall be maintained during no less than 95% of the hours of normal operation of the contract period. 3.2 PERSONNEL TRAINING

NIACOG shall be assured by TRANSIT PROVIDER of the proper training of any personnel involved with the PROJECT. Training shall include, but not be limited to: proper wheelchair lift operation, passenger assistance techniques, wheelchair securment and defensive driving. NIACOG will provide appropriate instructional materials and training to the limits of NIACOG’s ability. This does not relieve TRANSIT PROVIDER from the responsibility of assuring the qualifications of its own drivers. TRANSIT PROVIDER will report all training of transit personnel to NIACOG, as it occurs.

TRANSIT PROVIDER shall provide statistical data to NIACOG in accordance with the reporting schedule attached.

3.4 IDENTIFICATION OF PROJECT COSTS

NIACOG shall maintain a set of accounts which clearly identify and document PROJECT costs.

4.0 FINANCES

4.1 RATE OF PAYMENT FOR SERVICES

NIACOG will pay TRANSIT PROVIDER for transit services provided under this Agreement at the rate outlined in Appendix A.

4.2 REQUESTS FOR PAYMENT

TRANSIT PROVIDER shall invoice NIACOG for any PROJECT costs on a monthly basis.

4.3 TERMS OF PAYMENT

NIACOG will make payments within thirty working days after receipt of the invoice.

4.4 MEANS OF PAYMENT

NIACOG will make payment via check, money order, or other auditable form of payment.

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Collection and accounting of passenger fares or donations will be carried out in accordance with paragraph 3 of Appendix A.

4.6 INSPECTION

TRANSIT PROVIDER shall permit NIACOG to inspect all vehicles, facilities, equipment and all transit data and records pertaining to the PROJECT.

5.0 REPORTING REQUIREMENTS 5.1 STATISTICAL DATA

NIACOG agrees to supply statistical data to the Iowa Department of Transportation, relative to passengers transported and costs directly associated with service delivery in compliance with 324A of the Code of Iowa.

6.0 CONTRACT NON-PERFORMANCE 6.1 NIACOG NON-COMPLIANCE

In the event of NIACOG non-compliance with the provisions of this contract, TRANSIT PROVIDER may impose contract sanctions, including but not limited to:

(A) Withholding of service to NIACOG under the Agreement until NIACOG complies and/or

6.2 TRANSIT PROVIDER NON-COMPLIANCE

In the event of TRANSIT PROVIDER's non-compliance with the provision of this contract, NIACOG may impose such contract sanctions as it may determine to be appropriate, including, but not limited to:

(A) Withholding of payment to TRANSIT PROVIDER under the Agreement until TRANSIT PROVIDER complies and/or

7.0 TERMINATION OR SUSPENSION OF PROJECT

7.1 TERMINATION OR SUSPENSION GENERALLY

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PROJECT by either party is rendered improbable, infeasible, impossible, or illegal, the other party may, by written notice of 15 days, terminate the Agreement or suspend any or all of its obligations under this Agreement until such time as the events or conditions resulting in such suspension has ceased or been corrected.

8.0 RENEWAL, RENEGOTIATION, AND MODIFICATION 8.1 PROVISION FOR AMENDMENTS

This Agreement may be amended by mutual consent. Said amendment to be in writing and signed by both parties.

8.2 SIGNATORY REQUIREMENTS

Any amendment to the language of the Agreement, excepting Appendix A or any financial amendment will require the signatures of the authorized representatives.

Any amendment to Appendix A of a non-financial nature may be made by the PROJECT Managers and will require their signatures only.

Any day-to-day operational change of the PROJECT services of a total duration of ten (10) working days or less may be made by verbal agreement of the PROJECT Managers.

9.0 ASSIGNABILITY AND SUBCONTRACTING

TRANSIT PROVIDER will delegate, assign, certain rights and obligations under this Agreement to NIACOG’s subcontractor, Circle K Communications, Inc., an Iowa Corporation with a principal place of business in Charles City, Iowa (Circle K), including but not limited to scheduling and dispatching services, operation support, daily storage and maintenance of vehicles, reporting requirements, and maintenance of accounting and records.

TRANSIT PROVIDER understands that NIACOG has subcontracted and assigned or will subcontract and assign certain rights and obligations to Circle K in connection with this Agreement, and TRANSIT PROVIDER hereby approves of and consents to such subcontract, delegation, and assignment.

TRANSIT PROVIDER shall not otherwise subcontract, assign, or transfer any other vehicle operations for this project without the prior approval of NIACOG and of the Iowa Department of Transportation. In the event of such approval, the party or parties to whom such work in contracted, assigned, or transferred, shall be bound and obligated by the terms and conditions of this Agreement.

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10.1 WORDING

All words used herein in the singular form shall extend to and include the plural. All words used herein in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.

10.2 SUCCESSORS & ASSIGNS

It is further understood that this Agreement and all contracts entered into and under this Agreement shall be binding upon TRANSIT PROVIDER, NIACOG, and their successors and assigns.

10.3 PROHIBITED INTEREST

No member, officer or employee of NIACOG or TRANSIT PROVIDER during this tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

No member or delegate to the Iowa State Legislature or to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising here from.

10.4 ENTIRE AGREEMENT

This Agreement, expresses the entire Agreement between the parties and no representations, promises, or warranties have been made by either of the parties that are not fully expressed herein concerning this PROJECT.

10.5 SAVINGS CLAUSE

If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law.

10.6 BONUS AND COMMISSION PROHIBITION

By execution of the Agreement, NIACOG and TRANSIT PROVIDER represent that they have not paid and, also, agree not to pay, any bonus or commission for the purpose of obtaining an approval of this Agreement.

10.7 COMPLIANCE WITH LAWS

NIACOG and TRANSIT PROVIDER agree to comply with all Federal, State, and Local laws, ordinances and resolutions applicable to this Agreement.

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TRANSIT PROVIDER shall permit the Iowa Department of Transportation to inspect and audit all work materials, records, books and accounts and any other data with regards to the AGREEMENT. All records applicable to the AGREEMENT must be retained and available to the Iowa Department of Transportation for a period of three years after the closing of the AGREEMENT period.

10.9 REQUIRED ELEMENTS