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DuRide ContractTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: DuRide Agreement DATE: October 1, 2008 Transit Manager Jon Rodocker is recommending approval of an agreement with DuRide to provide alternative transportation to senior citizens. The City Council approved a transit improvement package for $62,500 in the FY09 Keyline Budget to fund ITN America for Dubuque. This service would provide alternative transportation to seniors in and around Dubuque, Iowa. This innovative transportation service is designed to replicate the comfort, convenience and feelings of private automobile ownership. Like the private automobile, this service would be available 24 hours per day, seven days per week, uses cars only, and gives customers the option to ride alone or with others. There are no restrictions on ride purpose or limitations on frequency of use. All decisions about use of the service reside with the customer. Seniors who use the service become dues-paying members to pay roughly half the true cost of the rides. The ITN-Dubuque steering committee has chosen a new name for the program: DuRide (Senior Transportation Service). Due to costs, and program requirements, this service will be modeled after the ITN America Program, but will not be formally associated with the program. Previously the operation was going to encompass a 20- mile radius from the City of Dubuque, but the revised plan will operate within the Dubuque and East Dubuque area only. The revised first year City contribution is $40,000. In addition, several grant applications are awaiting approval for further funding. Sue Balsamo, Dubuque Citizen and Director of DuRide, wishes to start the operation conservatively, with just one or two vehicles and a volunteer base fora 24-hour service. The steering committee has set a tentative launch date for the DuRide program of October 1, 2008. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jon Rodocker, Transit Manager David Heiar, Economic Development Director THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jon Rodocker, Transit Manager '~ SUBJECT: DuRide Agreement Dubuque ~~~ ~ i 2007 September 30, 2008 INTRODUCTION This memo addresses the Agreement between the City of Dubuque and DuRide. BACKGROUND/DISCUSSION The City Council approved a transit improvement package for $62,500 in the FY09 Keyline Budget to fund ITN America for Dubuque. ITN America/Dubuque will provide alternative transportation to seniors in and around Dubuque, Iowa. This innovative transportation service is designed to replicate the comfort, convenience and feelings of private automobile ownership. Like the private automobile, ITN's transportation service is available 24 hours per day, seven days per week, uses cars only, and gives customers the option to ride alone or with others. There are no restrictions on ride purpose or limitations on frequency of use. All decisions about use of the service reside with the customer. Seniors who use the service become dues-paying members to pay roughly half the true cost of the rides. (see attached brochures) In fiscal year 2007, mini-bus operations carried 9,477 non-ADA seniors at a cost of $9.77 per customer for a total cost of $92,590. This expense is above and beyond the required complimentary ADA service the Federal Government (Federal Transportation Administration) requires Keyline to offer. The multi-year ITN financial plan is designed to have the operation self-sufficient within four years. The initial projected city cost in future fiscal years is as follows: FY10 $46,875; FY11 $31,250; FY12 $15,625; FY13 $0. The ITN-Dubuque steering committee has chosen a new name for the program: DuRide (Senior Transportation Service). Due to costs, and program requirements, this service will be modeled after the ITN America Program, but will not be formally associated with the program. Previously the operation was going to encompass a 20 mile radius from the City of Dubuque, but the revised plan will operate within the Dubuque and East Dubuque area only. In addition, several grant applications are awaiting approval for further funding. Sue Balsamo, Dubuque Citizen and Director of DuRide, wishes to start the operation conservatively, with just one or two vehicles and a volunteer base fora 24-hour service. The steering committee has set a tentative launch date for the DuRide program of October 1, 2008. The Legal Department developed the enclosed Agreement between the City of Dubuque, Iowa and DuRide. Based on the re-evaluation by the steering committee of how to provide this service locally the contract requests only $40,000 of the $62,500 that was initially budgeted. The City agrees to pay DuRide quarterly for the service provided upon receipt of a quarterly performance report from DuRide as follows: $15,000.00 on October 1, 2008; $8,000.00 on January 1, 2009; $8,000.00 on April 1, 2009 and $9,000 on July 1, 2009. RECOMMENDATION I recommend that the attached Agreement be forwarded to the City Council for their consideration and approval. Cc: David J. Heiar, Economic Development Director AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DURIDE This Agreement, dated for reference purposes the day of 2008, is made and entered into by and between the City of Dubuque, Iowa (City) and DuRide (DuRide). WHEREAS, City has funding for transportation for senior citizens; and WHEREAS, DuRide provides transportation for senior citizens; and WHEREAS, the City Council of the City of Dubuque deems it in the best interests of the City to provide funding to DuRide for transportation for senior citizens. NOW THEREFORE, in consideration of the mutual conditions and covenants contained in this Agreement, City and DuRide agree as follows: SECTION 1. TERM. The term of this Agreement shall be from October 1, 2008 through September 30, 2009. SECTION 2. SCOPE OF SERVICES. City agrees to provide funding in an amount not to exceed $40,000.00 to DuRide for transportation services for senior citizens. DuRide agrees to use such funding to provide transportation services for senior citizens. SECTION 3. COMPENSATION. The City agrees to pay DuRide quarterly for the services provided upon receipt of a quarterly statement from DuRide as follows: $15,000.00 on October 1, 2008; $8,000.00 on January 1, 2009; $8,000.00 on April 1, 2009, and $9,000.00 on July 1, 2009. SECTION 4. TERMINATION. City shall have the right to terminate this Agreemen# with or without cause upon thirty (30) days written notice to DuRide. Upon termination of this Agreement, DuRide shall refund any prorated amount of the compensation for the unexpired term of this Agreement. Failure by DuRide to provide adequate services as determined by City in the sole discretion of its City Manager shall be grounds for termination of this Agreement. SECTION 5. REPORTS. DuRide shall provide City with the following monthly reports in a form acceptable to City beginning on the 1St day of November and on the 1St day of each month thereafter: (1) Financial report which shall include all revenue and expenses for the previous month; (2) Service report which shall include for the previous month the number of rides provided, the miles of transportation service provided, the number of members, and the number and hours of volunteers providing service. DuRide shall provide such further information as City may from time to time require. SECTION 6. INSURANCE. DuRide shall at all times during the term of this Agreement maintain insurance as provided in the attached Insurance Schedule. SECTION 7. INDEMNIFICATION. DuRide shall defend, indemnify and save harmless City, its officers, agents and employees, from and against any and all claims, losses, judgments, costs and expenses of any kind arising out of or related to the negligence of DuRide, its officers, agents, and employees in the performance of this Agreement. SECTION 8. COMPLIANCE WITH LAW. DuRide shall at its expense comply with all applicable federal, state and local laws, ordinances and regulations, including but not limited to, any applicable laws and regulations pursuant to the Americans with Disabilities Act (ADA). SECTION 9. BOOKS AND RECORDS. During the term of this Agreement, DuRide shall keep at all times and make available to City upon reasonable request proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of DuRide in accordance with generally accepted accounting principles consistently applied throughout the period involved. SECTION 10. PUBLICIZING SERVICE. City agrees to cooperate with DuRide in publicizing the availability of the >~rvf~e. SECTION 11. ASSIGNMENT. DuRide shall not assign this Agreement in whole or in part without the prior written approval of City. :~ CITY OF DUBUQUE, IOWA DURIDE ~' By By / Pre/~s"~ide, nt of the Board By __~~ Secretary of the Board Michael C. Van Milligen City Manager 2 INSURANCE SCHEDULE E MOTORIZED AND NON-MOTORIZED VEHICLES FOR HIRE INSURANCE TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in the State of Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. As a condition to granting and maintaining operator permits required under this division, the person seeking such permit shall file in the office of the City Clerk, prior to the effective of such permit, a Certificate of Insurance for the policy or policies identified in No. 5. 3. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 4. Failure of any permit holder to maintain such policy or policies in full force in effect throughout the life of the permit shall be grounds for revocation by the City Manager and upon such revocation, such permit holder shall cease business as an operator unless and until the permit is reissued by the City Manger. Further, failure to provide the minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. 5. Each permit holder shall provide the following coverages: Motorized Vehicles for Hire a) Commercial Automobile Coverage Limit of Liability Uninsured and Underinsured Motorists b) Workers Compensation and Employers Liability Coverage Statutory for Coverage A Employers Liability: Each Accident Each Employee -Disease Policy Limit -Disease $1,000,000 $1,000,000 $ 100, 000 $ 100,000 $ 500,000 4 INSURANCE SCHEDULE E (Continued) MOTORIZED AND NON-MOTORIZED VEHICLES FOR HIRE INSURANCE TO THE CITY OF DUBUQUE Non-motorized Vehicles for Hire a) Commercial General Liability General Aggregate $2,000,000 Products and Completed Operations $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage $ 50,000 Medical Payments $ 5,000 5 DuRide Projections FY 09 End of qtr #Members #Rides 1st-9/30 25 0 2nd-12/31 75 1800 3rd-3/31 150 3600 4th-6/30 200 4800 DuRide Projections FY09 Accumulative Rides City's Contribution Accumulative Cost Cost/Ride $15,000.00 $8,000.00 $23,000.00 $12.78 5400 $8,000.00 $31,000.00 $5.74 10200 $9,000.00 $40,000.00 $3.92