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Fiscal Year 2023 and 2024 Contracted Service Agreement: DuRideCity of Dubuque City Council Meeting Consent Items # 010. Copyrighted July 17, 2023 ITEM TITLE: Fiscal Year 2023 and 2024 Contracted Service Agreement: DuRide SUMMARY: City Manager recommending City Council approval of a contracted services agreement for fiscal year 2023 and fiscal year 2024 with DuRide for $30,000 each year to provide transportation services for senior citizens. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo FY23 & FY24 Contracted Service Agreement: DuRide Staff Memo Duride City Contract FY23 Staff Memo Duride City Contract FY24 Staff Memo THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: FY23 & FY24 Contracted Service Agreement: DuRide DATE: July 12, 2023 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Director of Transportation Services Ryan Knuckey is recommending City Council approval of a contracted services agreement for fiscal year 2023 and fiscal year 2024 with DuRide for $30,000 each year to provide transportation services for senior citizens. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Ryan Knuckey, Director of Transportation Services Jenny Larson, Chief Financial Officer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Ryan Knuckey, Director of Transportation Services SUBJECT: FY23 & FY24 Contracted Service Agreement: DuRide DATE: July 12, 2023 Dubuque AII•America City 2007-2012.2013 2017*2019 Introduction The purpose of this memorandum is to request City Council approval of a contracted services agreement for fiscal year 2023 and fiscal year 2024 with DuRide for $30,000 each year to provide transportation services for senior citizens. Background & Discussion: Fiscal year 2023 and fiscal year 2024 budget provides $30,000 in Transportation Services funding to DuRide, with the understanding they will provide transportation for Dubuque area senior citizens. Funding for DuRide fills a gap in complete transportation services strategy that the City of Dubuque does not directly fulfill via Jule services, 24/7 door-to- door service for senior citizens. Recommendation: I respectfully recommend City Council approval of the attached contract add services agreement with DuRide for $30,000 for fiscal year 2023 and fiscal year 2024. Cc: Cory Burbach, Assistant City Manager Adrienne Breitfelder, City Clerk Jenny Larson, Director of Finance and Budget AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DURIDE THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1st day of July, 2023, is made and entered into by and between the City of Dubuque, Iowa (the "City") and DuRide, an Iowa non-profit corporation (the "Organization"). WHEREAS, the City desires to engage the services of the Organization to provide transportation for senior citizens; and WHEREAS, the Organization is willing to provide such services to the City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Section 1. Term. The term of this Agreement shall be from July 1, 2022 through June 30, 2023 (the "Term"). Section 2. Funding. The City's intent is to provide funding to Organization to assist in providing transportation for senior citizens within the City. The amount of funding the City intends to commit to the Organization for FY23 is $30,000, consistent with the terms set forth herein. The compensation shall be paid after receipt by the City of a requisition for such sum from the Agency. Section 3. Audit and Evaluation. 3.1 Because the funds provided to the Organization by the City are public funds, the Organization shall maintain books of account in accordance with generally accepted accounting standards, together with necessary documentation to support all expenditures subject to this Agreement. 3.2 The Organization will retain all financial records, reporting documents, and all other records pertinent to the expenditures subject to this Agreement for a period of at least three (3) calendar years after the end of the Term of this Agreement. The Organization must submit annual financial statements to the City and quarterly reports as described herein. 3.3 The Organization's funding request application and applicant assurances, both of which are attached hereto, are incorporated into this Agreement by this reference. Section 4. Equity and Inclusion. 4.1 The Organization will support the City's efforts to be a viable, livable, and equitable community and to advance equity and inclusion. The City will provide opportunities to demonstrate this support by inviting the designated representative of the Organization to participate in City training when available. Upon execution of this Agreement, the Organization will provide contact details for this representative. 4.2 The Organization will designate a representative to participate in the City's Transportation Services Master Plan implementation activities. Upon execution of this Agreement, the Organization will provide contact details for this representative. Section 5. Anti -Discrimination. 5.1 The Organization will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. The Organization will take affirmative action to ensure that applicants for employment and employees are treated without regard to their race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. Such treatment includes, but is not limited to, the following: employment, promotion, demotion, transfer, rates of pay, other forms of compensation, benefits, and selection for training or apprenticeship. The Organization assures that all qualified applicants shall receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. 5.2 The Organization will undertake affirmative measures necessary to ensure that no person, because of race, color, religion, national origin, sex, age, sexual orientation, gender identity, or disability, is denied participation in, denied the benefits of, or is discriminated against in any program or activity funded in whole or in part with any funds provided to the Organization under the terms of this Agreement. Section 6. Conflict of Interest. No member, officer, or employee of City, its designees, or its agents, nor any member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the program assisted under this Agreement during such person's tenure, may have any direct or indirect interest in this Agreement, the proceeds from this Agreement, or the work performed in connection with the program assisted under this Agreement. Section 7. Assignability. The Organization may not assign or transfer any interest in this Agreement without the prior written approval of the City. Section 8. Acknowledgement. The Organization will acknowledge the City's financial support in appropriate signage, program materials, publicity, advertising activities, websites, and other online media pertaining to this Agreement and work performed with funds from this Agreement. Recognition guidelines are located at: https://www.citvofdubuclue.org/2805/Funding- Recognition. The Organization will provide evidence of such acknowledgement as an addendum to the Final Report. Section 9. Goals and Priorities. The City Council Goals and Priorities are located at http://www.cityofdubugue.org/72/Goals- Priorities and the City of Dubuque Arts and Culture Masterplan priorities and strategies are located at https://www.cityofdubugue.org/DocumentCenterNiew/36680/Master-Plan-Priorities- and-Strategies K, Section 10. City Responsibilities. 10.1 The City designates its Director of Transportation Services to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret, and define the City's policies, and provide decisions in a timely manner pertinent to the work covered by this Agreement. The City's Director of Transportation Services shall serve in this role until the City provides written notice to the Organization that such authority has been revoked. 10.2 The City will provide opportunities to demonstrate this support by inviting the person(s) designated by the Organization in Section 4 hereof and any volunteers working on services covered by this Agreement to participate in the following professional development opportunities and supporting activities: a. The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts; b. The opportunity to attend intercultural and equity workshops offered by the City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Organization and through the Organization's work; C. Assistance in creating semi-annual status reports that demonstrate the ways in which the Organization's efforts are advancing equity and inclusion; and d. Access to the City's equity toolkit. Section 11. Reporting and Monitoring. 11.1 The Organization shall comply with the City's reporting and monitoring requirements by using the following link to submit quarterly online reports detailing the Organization's activities related to the use of funds provided under this Agreement: https://www.citVofdubugue.org/FormCenter/Budget-1 5/Contracted-Services-Performance-. Report-208 11.2 The online quarterly reports shall be due on October 1511, January 15th, April 15th, and July 1511 for so long as this Agreement is in effect. Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of such funds. 11.3 If the Organization has an annual audit performed, the Organization shall provide the City a copy of the annual audit report within 60 days of completion of the audit. The audit report shall be submitted as either an electronic or paper document to the Director of Transportation Services. Section 12. Termination of Agreement. 12.1 If, through any cause, the Organization shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Organization shall violate any of the covenants, agreements, or stipulations contained in this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice thereof to the Organization and specifying the effective date of termination, which date shall not be less than thirty days from the date of the City's written notice to the Organization. If the Organization shall fail to cure its default within such thirty -day period to the satisfaction of the City, in City's sole and absolute discretion, this Agreement shall be deemed terminated at the end of such thirty -day period without further action of either party. 3 12.2 Upon termination of this Agreement, the Organization shall return to the City all unexpended funds and any funds utilized for purposes other than those provided for in this Agreement. Section 13. Insurance. At the time of execution of this Agreement by the Organization, the Organization shall provide the City with copies of the Organization's insurance certificates showing compliance with the insurance requirements of the City's Insurance Schedule J, a copy of which is attached hereto. Section 14. Miscellaneous. 14.1 Forbearance Not a Waiver; Rights and Remedies Cumulative. No delay by the City in exercising any right or remedy provided herein, or otherwise afforded by law or in equity, shall be deemed a waiver or otherwise preclude the exercise of such right or remedy, and no waiver by the City of any particular provision of this Agreement shall be deemed effective unless in writing and signed by the City. All rights and remedies provided for herein or which the City may have otherwise, at law or in equity, shall be distinct, separate, and cumulative and may be exercised concurrently, independently, or successively in any order whatsoever, as often as the occasion therefor arises. 14.2 Severability. In the event any provision of this Agreement shall, for any reason, be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions hereof shall not be affected thereby and shall continue to be valid and enforceable. If, for any reason, a court of competent jurisdiction finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14.3 Successors and Assiqns Bound; Number; Gender; Agents; Captions and Headings. The rights, covenants, and agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives, successors, and permitted assigns of the parties. Words and phrases contained herein, including the acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender, according to the contexts. The captions and headings of the section and paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 14.4 Governing Law; Venue. This Agreement is entered into under and pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Iowa, without regard to its conflict of laws principles. Venue for any action arising out of this Agreement shall be in the Iowa District Court for Dubuque County, Iowa or the Federal District Court for the Northern District of Iowa, Eastern Division, and the parties hereby irrevocably consent to the jurisdiction of such courts. 14.5 Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Agreement may be electronically executed by the parties and transmitted by facsimile or electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 0 14.5 Signatory. Authority. Each person signing this Agreement hereby represents and warrants that they have the full legal right, power, and authority to enter into this Agreement on behalf of the party for whom they are signing and to cause such party to grant the rights and perform the obligations contained herein, and that no third -party consent or approval is required to grant such rights or perform such obligations. 14.7 Amendments. This Agreement may only be amended by a written instrument, duly signed by the parties hereto. 14.8 Indemnification. The Organization hereby releases the City and its governing body members, officers, agents, employees, and volunteers from any liability associated with implementation of this Agreement and agrees to indemnify and hold harmless the city and its governing body members, officers, agents, employees, and volunteers against any loss, damage, or claim of any nature whatsoever arising from this Agreement. 14.9 Notices. Any notice required or permitted this Agreement shall be in writing and sent to the following physical or email addresses: City of Dubuque Attn: Director of Transportation Services 950 Elm Street Dubuque, IA 52001 rknucky(a)cityofdubuque.orq CITY OF DUBUQUE, IOWA w� omw' 4— a-M-0.0d s 1 •IM Witness: Adrienne Breitfelder, City Clerk DuRide Attn: Executive Director 2728 Asbury Road, Suite 330 Dubuque, IA 52001 g req(ab_d u ridedbg.com DURIDE Executive Director 5 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DURIDE THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1st day of July, 2023, is made and entered into by and between the City of Dubuque, Iowa (the "City") and DuRide, an Iowa non-profit corporation (the "Organization"). WHEREAS, the City desires to engage the services of the Organization to provide transportation for senior citizens; and WHEREAS, the Organization is willing to provide such services to the City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Section 1. Term. The term of this Agreement shall be from July 1, 2023 through June 30, 2024 (the "Term") Section 2. Funding. The City's intent is to provide funding to Organization to assist in providing transportation for senior citizens within the City. The amount of funding the City intends to commit to the Organization for FY23 is $30,000, consistent with the terms set forth herein. The compensation shall be paid after receipt by the City of a requisition for such sum from the Agency. Section 3. Audit and Evaluation. 3.1 Because the funds provided to the Organization by the City are public funds, the Organization shall maintain books of account in accordance with generally accepted accounting standards, together with necessary documentation to support all expenditures subject to this Agreement. 3.2 The Organization will retain all financial records, reporting documents, and all other records pertinent to the expenditures subject to this Agreement for a period of at least three (3) calendar years after the end of the Term of this Agreement. The Organization must submit annual financial statements to the City and quarterly reports as described herein. 3.3 The Organization's funding request application and applicant assurances, both of which are attached hereto, are incorporated into this Agreement by this reference. Section 4. Equity and Inclusion. 4.1 The Organization will support the City's efforts to be a viable, livable, and equitable community and to advance equity and inclusion. The City will provide opportunities to demonstrate this support by inviting the designated representative of the Organization to participate in City training when available. Upon execution of this Agreement, the Organization will provide contact details for this representative. 4.2 The Organization will designate a representative to participate in the City's Transportation Services Master Plan implementation activities. Upon execution of this Agreement, the Organization will provide contact details for this representative. Section 5. Anti -Discrimination. 5.1 The Organization will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. The Organization will take affirmative action to ensure that applicants for employment and employees are treated without regard to their race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. Such treatment includes, but is not limited to, the following: employment, promotion, demotion, transfer, rates of pay, other forms of compensation, benefits, and selection for training or apprenticeship. The Organization assures that all qualified applicants shall receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. 5.2 The Organization will undertake affirmative measures necessary to ensure that no person, because of race, color, religion, national origin, sex, age, sexual orientation, gender identity, or disability, is denied participation in, denied the benefits of, or is discriminated against in any program or activity funded in whole or in part with any funds provided to the Organization under the terms of this Agreement. Section 6. Conflict of Interest. No member, officer, or employee of City, its designees, or its agents, nor any member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the program assisted under this Agreement during such person's tenure, may have any direct or indirect interest in this Agreement, the proceeds from this Agreement, or the work performed in connection with the program assisted under this Agreement. Section 7. Assignability. The Organization may not assign or transfer any interest in this Agreement without the prior written approval of the City. Section 8. Acknowledgement. The Organization will acknowledge the City's financial support in appropriate signage, program materials, publicity, advertising activities, websites, and other online media pertaining to this Agreement and work performed with funds from this Agreement. Recognition guidelines are located at: https://www.cityofdubugue.org/2805/Funding- Recognition. The Organization will provide evidence of such acknowledgement as an addendum to the Final Report. Section 9. Goals and Priorities. The City Council Goals and Priorities are located at http://www.cityofdubugue.org/72/Goals- Priorities and the City of Dubuque Arts and Culture Masterplan priorities and strategies are located at https://www.cityofd u bug ueorg/DocumentCenter/View/36680/Master-Plan-Priorities- and-Strategies 2 Section 10. City Responsibilities. 10.1 The City designates its Director of Transportation Services to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret, and define the City's policies, and provide decisions in a timely manner pertinent to the work covered by this Agreement. The City's Director of Transportation Services shall serve in this role until the City provides written notice to the Organization that such authority has been revoked. 10.2 The City will provide opportunities to demonstrate this support by inviting the person(s) designated by the Organization in Section 4 hereof and any volunteers working on services covered by this Agreement to participate in the following professional development opportunities and supporting activities: a. The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts; b. The opportunity to attend intercultural and equity workshops offered by the City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Organization and through the Organization's work; C. Assistance in creating semi-annual status reports that demonstrate the ways in which the Organization's efforts are advancing equity and inclusion; and d. Access to the City's equity toolkit. Section 11. Reporting and Monitoring. 11.1 The Organization shall comply with the City's reporting and monitoring requirements by using the following link to submit quarterly online reports detailing the Organization's activities related to the use of funds provided under this Agreement: https://www.citvofdubugue.org/FormCenter/Budget-1 5/Contracted-Services-Performance-. Report-208 11.2 The online quarterly reports shall be due on October 15th, January 15'h, April 15th, and July 151h for so long as this Agreement is in effect. Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of such funds. 11.3 If the Organization has an annual audit performed, the Organization shall provide the City a copy of the annual audit report within 60 days of completion of the audit. The audit report shall be submitted as either an electronic or paper document to the Director of Transportation Services. Section 12. Termination of Agreement. 12.1 If, through any cause, the Organization shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Organization shall violate any of the covenants, agreements, or stipulations contained in this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice thereof to the Organization and specifying the effective date of termination, which date shall not be less than thirty days from the date of the City's written notice to the Organization. If the Organization shall fail to cure its default within such thirty -day period to the satisfaction of the City, in City's sole and absolute discretion, this Agreement shall be deemed terminated at the end of such thirty -day period without further action of either party. 3 12.2 Upon termination of this Agreement, the Organization shall return to the City all unexpended funds and any funds utilized for purposes other than those provided for in this Agreement. Section 13. Insurance. At the time of execution of this Agreement by the Organization, the Organization shall provide the City with copies of the Organization's insurance certificates showing compliance with the insurance requirements of the City's Insurance Schedule J, a copy of which is attached hereto. Section 14. Miscellaneous. 14.1 Forbearance Not a Waiver; Rights and Remedies Cumulative. No delay by the City in exercising any right or remedy provided herein, or otherwise afforded by law or in equity, shall be deemed a waiver or otherwise preclude the exercise of such right or remedy, and no waiver by the City of any particular provision of this Agreement shall be deemed effective unless in writing and signed by the City. All rights and remedies provided for herein or which the City may have otherwise, at law or in equity, shall be distinct, separate, and cumulative and may be exercised concurrently, independently, or successively in any order whatsoever, as often as the occasion therefor arises. 14.2 Severability. In the event any provision of this Agreement shall, for any reason, be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions hereof shall not be affected thereby and shall continue to be valid and enforceable. If, for any reason, a court of competent jurisdiction finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14.3 Successors and Assigns Bound; Number; Gender; Agents; Captions and Headings. The rights, covenants, and agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives, successors, and permitted assigns of the parties. Words and phrases contained herein, including the acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender, according to the contexts. The captions and headings of the section and paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 14.4 Governing Law; Venue. This Agreement is entered into under and pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Iowa, without regard to its conflict of laws principles. Venue for any action arising out of this Agreement shall be in the Iowa District Court for Dubuque County, Iowa or the Federal District Court for the Northern District of Iowa, Eastern Division, and the parties hereby irrevocably consent to the jurisdiction of such courts. 14.5 Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Agreement may be electronically executed by the parties and transmitted by facsimile or electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. IH 14.6 Signatory Authorily. Each person signing this Agreement hereby represents and warrants that they have the full legal right, power, and authority to enter into this Agreement on behalf of the party for whom they are signing and to cause such party to grant the rights and perform the obligations contained herein, and that no third -party consent or approval is required to grant such rights or perform such obligations. 14.7 Amendments. This Agreement may only be amended by a written instrument, duly signed by the parties hereto. 14.8 Indemnification. The Organization hereby releases the City and its governing body members, officers, agents, employees, and volunteers from any liability associated with implementation of this Agreement and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, employees, and volunteers against any loss, damage, or claim of any nature whatsoever arising from this Agreement. 14.9 Notices. Any notice required or permitted this Agreement shall be in writing and sent to the following physical or email addresses: City of Dubuque Attn: Director of Transportation Services 950 Elm Street Dubuque, IA 52001 rknucky(o-)-cityofdubugue.orq CITY OF DUBUQUE, IOWA Witness: Adrienne Breitfelder, ity Clerk 9 DuRide Attn: Executive Director 2728 Asbury Road, Suite 330 Dubuque, IA 52001 greg(a)duridedbg.com