FY25 & FY26 Contracted Service Agreement: DuRideCity of Dubuque
City Council
CONSENT ITEMS # 12.
Copyrighted
May 19, 2025
ITEM TITLE: FY25 & FY26 Contracted Service Agreement: DuRide
SUMMARY: City Manager recommending City Council approval of a
contracted services agreement for fiscal year 2025 and fiscal
year 2026 with DuRide for $30,000 each year to provide
transportation services for senior citizens.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Memo to MVM Contracted service Agreement DuRide FY25-FY26 (002)
3. DuRide_FY25-FY26_Contracted Services Agreement
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THE CITY OF
DUBE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: FY25 & FY26 Contracted Service Agreement: DuRide
DATE: May 14, 2025
Dubuque
AI WIN av
2007-2012.2013
2017*2019
Director of Transportation Services Ryan Knuckey is recommending City Council
approval of a contracted services agreement for fiscal year 2025 and fiscal year 2026
with DuRide for $30,000 each year to provide transportation services for 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4 szjzn"
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Ryan Knuckey, Director of Transportation Services
Page 195 of 950
Dubuque
THE CF
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All-America City
B E ' I I'
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Masterpiece on the Mississippi zoo��o
rP Pp 2017*20*2019
TO: Michael C. Van Milligen, City Manager
FROM: Ryan Knuckey, Director of Transportation Services
SUBJECT: FY25 & FY26 Contracted Service Agreement: DuRide
DATE: May 12, 2025
Introduction
The purpose of this memorandum is to request City Council approval of a contracted
services agreement for fiscal year 2025 and fiscal year 2026 with DuRide for $30,000
each year during the one-year Term to provide transportation services for senior citizens.
Background & Discussion:
Fiscal Year 2025 and Fiscal Year 2026 budget provide $30,000 each fiscal year in
Transportation Services funding to DuRide, with the understanding DuRide will provide
transportation for City of 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 and services
agreement with DuRide for $30,000 each fiscal year for Fiscal Year 2025 and Fiscal Year
2026 during the one-year Term of the Agreement.
Cc: Cory Burbach, Assistant City Manager
Adrienne Breitfelder, City Clerk
Jenny Larson, Director of Finance and Budget
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AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DURIDE
THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1st day
of June 2025, is made and entered into by and between the City of Dubuque, Iowa ("City")
and DuRide, an Iowa non-profit corporation ( "Organization").
WHEREAS, City desires to engage the services of Organization to provide
transportation for senior citizens; and
WHEREAS, Organization is willing to provide such services to 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 June 1, 2025, through
June 30, 2026 (the "Term").
SECTION 2. FUNDING. City's intent is to provide funding to Organization to assist in
providing transportation for senior citizens within the City of Dubuque. The amount of
funding City intends to commit to Organization during the Term for FY25 and FY26 is
Thirty Thousand Dollars ($30,000.00) for each such fiscal year, for a total of Sixty
Thousand Dollas ($60,000.00) during the Term consistent with the terms set forth herein.
The compensation shall be paid after receipt by City of a requisition for such sum from
Organization.
SECTION 3. AUDIT AND EVALUATION.
3.1 Because the funds provided to Organization by City are public funds, Organization
will 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 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. Organization must submit annual
financial statements to City and quarterly reports as described herein.
3.3 Organization's funding request application and applicant assurances, both of
which are attached hereto, are incorporated into this Agreement by this reference.
SECTION 4. PLAN REPRESENTATIVE. Organization will designate a representative to
participate in the City's Transportation Services Master Plan implementation
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activities. Upon execution of this Agreement, Organization will provide contact details for
this representative.
Organization is an independent contractor and is not nor are any of its officers,
employees, or agents employees or independent contractors of City while performing this
Agreement.
SECTION 5. ANTI -DISCRIMINATION. City shall not discriminate, in any way, against
any person on the basis of actual or perceived protected class status in connection with
or related to the performance 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 City Council, nor other public official of
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. Organization may not assign or transfer any interest in
this Agreement without the prior written approval of City.
SECTION 8. ACKNOWLEDGEMENT. Organization will acknowledge 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. Organization will provide
evidence of such acknowledgement as an addendum to the Final Report.
SECTION 9. GOALS AND PRIORITIES. City Council Goals and Priorities are located
at: http://www.cityofdubugue.org/72/Goals-Priorities and City of Dubuque Arts and
Culture Master Plan priorities and strategies are located at:
https://www.cityofdubugue.org/DocumentCenter/View/36680/Master-Plan-Priorities-and-
Strategies.
SECTION 10. CITY RESPONSIBILITIES. 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 City's policies, and provide decisions in a timely manner
pertinent to the work covered by this Agreement. The Director of Transportation Services
shall serve in this role until City provides written notice to Organization that such authority
has been revoked.
SECTION 11. REPORTING AND MONITORING.
11.1 Organization shall comply with City's reporting and monitoring requirements by
using the following link to submit quarterly online reports detailing the Organization's
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activities related to the use of City funds provided under this agreement:
https://www.cityofdubugue.org/FormCenter/Budget-15/Contracted-Services-
Performance-Report-208.
11.2 The online quarterly reports shall be due on October 15t", January 15t", April 15t"
and July 15th 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 Organization has an annual audit performed, Organization shall provide City a
copy of the annual audit report within sixty (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, Organization shall fail to fulfill in a timely and proper manner
its obligations under this Agreement, or if Organization shall violate any of the covenants,
agreements, or stipulations of this Agreement, City shall thereupon have the right to
terminate this Agreement by giving written notice thereof to Organization and specifying
the effective date of termination, which date shall not be less than thirty days from the
effective date of City's written notice to Organization. If Organization shall fail to cure its
default within such thirty -day period to the satisfaction of 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.
12.2 Upon termination of this Agreement, Organization shall return to 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 Organization,
Organization shall provide City with copies of the Organization's insurance certificates
showing compliance with the insurance requirements of City's Insurance Schedule O, a
copy of which is attached hereto.
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14.1 Forbearance Not a Waiver; Rights and Remedies Cumulative. No delay by 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 City of any particular provision of this Agreement shall be deemed effective
unless in writing and signed by City. All rights and remedies provided for herein or which
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 therefore arises.
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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
acknowledgements 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 and the parties hereby
irrevocable consent to the jurisdiction of such court.
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 on 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.
14.6 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. Organization hereby releases 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
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sent to the following physical or email address:
City of Dubuque
Attn: Director of Transportation Services
950 Elm Street
Dubuque, IA 52001
rknuckey(dcityofdubugue.org
CITY OF DUBUQUE, IOWA
Brad CavanWayor
Witness:
4' 61
Adrienne Breitfelder, City Clerk
DuRide
Attn: Executive Director
2728 Asbury Road, Suite 330
Dubuque, IA 52001
greg(ab-duridedbg.com
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INSURANCE SCHEDULE O
DuRide shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior the effective date of the permit, and at the end of the permit if
the term of work is longer than 60 days. Each certificate shall be prepared on the most current
ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the
Director of Finance and Budget. Each certificate shall include a statement under Description of
Operations as to why issued. Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the City Clerk of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the
City of Dubuque. The certificate of insurance is a condition to granting and maintaining operator
permits and the failure to obtain or maintain the required insurance shall be considered a material
breach of this Agreement and shall be grounds for revocation by the City Manager and upon such
revocation, DuRide shall cease business under the Agreement.
5. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
6. Whenever a specific ISO form is listed, the current edition of the form must be used unless an
equivalent form is approved by the Director of Finance and Budget and subject to the permittee
identifying and listing in writing all deviations and exclusions that differ from the ISO form.
7. DuRide shall be required to carry the minimum coverage/limits, or greater if required by law or
other legal agreement, in Exhibit I. If DuRide's limits of liability are higher than the required
minimum limits then DuRide's limits shall be this Agreement's required limits.
8. DuRide shall be responsible for deductibles and self -insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
9. All certificates of insurance must include agents name, phone number, and email address.
10. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
11. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the permit, subject to written
mutual agreement attached hereto.
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INSURANCE SCHEDULE O (continued)
Fxhihi4 I
MOTORIZED VEHICLES FOR HIRE
A) COMMERCIAL AUTOMOBILE LIABILITY
Limit of Liability $1,000,000
Uninsured and Underinsured Motorists $1,000,000
Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's
business does not own any vehicles, coverage is required on non -owned and hired
vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
2) Coverage must include all volunteers.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Completed form must be attached.
NON -MOTORIZED VEHICLES FOR HIRE
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
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Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial
general liability form CG 00 01, or business owners form BP 00 02, shall be
clearly identified.
2) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 26.
3) Include Preservation of Governmental Immunities endorsement. (Sample
attached.)
4) Policy shall include Waiver of Right to Recover from Other endorsement.
5) Policy shall include cancellation and material change endorsement providing
thirty (30) days advance written notice of cancellation, non -renewal, reduction in
insurance coverage and/or limits and ten (10) days written notice of non-payment
of premium shall be sent to: City of Dubuque Finance Department, 50 West 13tn
Street Dubuque, Iowa 52001.
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Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
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