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Signed Contract_City of Asbury Memorandum of Understanding for summer programmingCity of Dubuque City Council Meeting Consent Items # 20. Copyrighted March 21, 2022 ITEM TITLE: Signed Contract(s) SUMMARY: City of Asbury for an extension of the 2021 Memorandum of Understanding for summer programming; Harris Golf Carts for a lease extension for golf carts for the Bunker Hill Golf Course. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description City of Asbury MOU Harris Golf Carts Agreement Type Supporting Documentation Supporting Documentation THE MY OF DUB ,masterpiece on the Mississippi Dubuque I� 20D7.2012Q013 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: City of Asbury Memorandum of Understanding Extension Request for Summer Programming DATE: March 11, 2022 INTRODUCTION The purpose of this memorandum is to provide information on the extension request related to the 2021 City Council approved Memorandum of Understanding with the City of Asbury for the Recreation Division to provide summer programs located in Asbury. BACKGROUND In the summer of 2021, the Recreation Division provided summer programs located within Asbury City limits for both Asbury and Dubuque residents. After the summer season was completed, the feedback from participants, Asbury staff and City staff was very positive. DISCUSSION Based on the success from last year's programming, the City of Asbury along with our staff have agreed to continue with this partnership. Per the attached Council approved Memorandum of Understanding, under section 8 Renewal, if the parties are agreeable the arrangement may be renewed or extended in writing. Staff did reach out to City Attorney, Crenna Brumwell for guidance on a process to renew. Crenna stated that this renewal can be accomplished with a simple letter from one entity to another statement their interest to continue with the partnership. Attached to this memo is a letter based on the language provided from the Crenna, sent from Recreation Division Manager Dan Kroger to the City of Asbury requesting their intention to formally continue this partnership. Also attached is the City of Asbury's formal response in the form of a Resolution signed by the Mayor of Asbury. BUDGETIMPACT There will be no change to either the FY22 or proposed FY23 budgets during the dates of this agreement as staff has already included these expenses and revenues in the anticipation of the willingness to continue this partnership. ACTION REQUESTED The memo is for information purposed only. Memo prepared by: Dan Kroger, Recreation Division Manager Cc: Crenna Brumwell, City Attorney 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE, IOWA AND THE CITY OF ASBURY, IOWA This Memorandum of Understanding, dated for reference purposes the 21st day of December* is between the City of Dubuque, Iowa, an Iowa municipal corporation (Dubuque), and the City of Asbury, Iowa a municipal corporation (Asbury). Whereas, Asbury desires Dubuque to manage and operate its summer recreational programming for the 2021 season; and Whereas, Dubuque is willing to manage and operate the summer recreational programming for Asbury for the 2021 season; and Whereas, the parties have reached mutual agreement for the terms of accomplishing this goal; NOW, THEREFORE, in consideration of the mutual covenants and agreements of Dubuque and Asbury, each to the other, it is agreed as follows: 1. TERM. The term of this Agreement shall be from the date of signature through October 1, 2021. 2. DUBUQUE OBLIGATIONS. a. Management: Dubuque shall manage recreational programming for Asbury for the Summer 2021 season including advertising, hiring employees, registration, and providing the programming. b. Dubuque shall provide recreational programming that is consistent with programs offered previously and as outlined in Exhibit A. c. Dubuque will work with Asbury to coordinate activities and schedules at Asbury locations. 3. ASBURY OBLIGATIONS. a. Asbury shall provide locations and amenities for recreational programming at the Asbury facilities historically used for the programming. b. Asbury will work with Dubuque to provide access to additional Asbury locations if the programming requires another, or additional, location. c. Asbury will continue to registration at Asbury City Dubuque on a weekly basis. *2020 offer access to recreational programming Hall. This information will be forwarded to d. Asbury will provide Dubuque with any information necessary to manage and operate programming on behalf of Asbury. e. Asbury will allow Dubuque residents to have access to the Asbury programming provided by Dubuque at the same rate/fee paid by Asbury residents. 4. INSURANCE. Dubuque will maintain its membership in the Iowa Communities Assurance Pool (ICAP) during the term of this Agreement. Asbury will provide a certificate of insurance to Dubuque showing coverage acceptable to Dubuque. 5. COMPENSATION. Asbury shall pay Dubuque an amount of $7,500 for management and operation of the Asbury recreational programming. This amount shall be payable on June 1, 2021. 6. INDEMNIFICATION. Asbury agrees to indemnify Dubuque and hold it harmless from any and all damages, claims, actions of any kind whatsoever initiated against Dubuque resulting from the recreational programming provided for Asbury. 7. TERMINATION. Either party may terminate this Agreement upon thirty (30) days written notice, with or without cause. Upon termination, Asbury agrees to pay Dubuque for any expenditures incurred through the date of termination. 8. RENEWAL. The Parties acknowledge this Agreement is a trial arrangement and if the parties are agreeable the arrangement may be renewed or extended, in writing. 9. ARBITRATION / GOVERNING LAW. In the event of controversies or claims arising out of this Agreement or the breach thereof shall be settled by arbitration administered by the American Arbitration Association. Disputes over the terms of this Agreement the dispute shall be settled according to the laws of the State of Iowa. CITY OF DUBUQUE, IOWA By: /�� kw4 Michael C. Van Milligen City Manager CITY OF ASBURY By: By: _ �, �P�� By4Sa Cit; ,lerl4 ut!9 Clerk Adrienne N. Breitfelder, City Clerk 2 EXHIBIT A Examples of most recent recreational programming and pricing: Fun in the Sun is a summer recreation program for children ages 5-12 from June 12 to August 4. Crafts, games and field trips are just some of the activities in this program. This program starts at 9:30 until Noon, Monday, Wednesday and Fridays at Asbury Park (drop off will beat the far west end of the park). Children are encouraged to bring a snack and drink. Wearing tennis shoes to camp is highly recommended. Choose the right camp for you! Discovery: Ages 5-6 Explorers: Ages 7-8 Pathfinders: Ages 9-10 Navigators: Ages 11-12 Cost includes a t-shirt: Resident $96perch ild* Non -Resident $112 per child* *2nd sibling receives $5 discount. Every additional sibling beyond 2nd receives $10 discount. We will be offering a free Counselor in Training opportunity for teens aged 13-15. This will give them a chance to develop leadership skills, help staff organize activities, and gain confidence building character in local youth. There is no cost to participate in our Counselor in Training program. Participants can register using this form (HERE). Limited space is available. Youth Instructional Tennis will be offered on Tuesdays and Thursdays from June 13 to August 3. This USTA sanctioned program is great way to develop skills from experienced instructors. Don't forget your water bottle and racquet! Intermediate (Age 10+) 9-10 a.m. Learn to play winning tennis. Beginner (Ages 6-8) 10-11 a.m. For children with little or no experience. Introduction to the game with a focus on fun. Adv. Beginner (Ages 8-10) 11-12 p.m. Learn to play the game, keep score, strengthen strokes, serve and volley. Cost: Resident $48 per child Non -Resident $60 per child Youth Volleyball Camp is offered on Tuesday and Thursdays from June 13 to August 3. The lessons are for children 8-11 years of age. Lessons will cover how to serve, bump, set, spike, develop skills, good sportsmanship, teamwork and fun. Sign up with your friends and have some fun learning how to play volleyball. Beginners: 10:00-11:00 a.m. Intermediate: 11:00-12:00 p.m. Cost: Resident $48 per child Non -Resident $60 per child Youth Basketball Camp will focus on fundamental skill development of dribbling, passing, and shooting. Incorporating games and challenges in each practice will improve footwork and overall basketball knowledge in a fun environment. This program will meet on Tuesdays and Thursdays from June 13 to August 3. Ages 6-8: 9:00 a.m.-10:00 a.m. Ages 9-11: 10:00 a.m.-11:00 a.m. Cost: Resident $48 per child Non -Resident $60 per child 3 Cloie Creek Kids Bike Race: (12 and under) July 25th This is a FREE event that is open to the public. Bring a friend to the first ever kids race on the new mountain bike trail. Age divisions: 6 & Under: approx 0.8 miles 7-9: approx 1.4 miles 10-12: approx 2.0 miles (Medals for the top 3 in each class.) 5:30pm Registration. 6:OOpm Start time. Sponsored by the Bike Shack and TMBR Children's Karate Classes: Ages 6-15 Coming Tuesdays in September, the City will be partnering with the Dubuque Karate Club to bring karate lessons to Asbury. Classes will meet at the Meadows Golf Course (15766 Clover Ln). All ages will begin at 5:45pm. Kids ages 6-8 will finish class at 6:15. Kids 9 and up will be able to stay and practice until 6:30pm. Classes will focus on self defense, leadership, and character building. This is a drop off class. There will be a parent's night on October 24th, so parents can see their child's progress, and even try some of the moves themselves. "Marital Arts builds strong bodies and strong values. We are proud to help parents develop children who value honesty, courtesy, respect for authority and the ability to say "no "to unhealthy peer pressure. Teens and children will learn to concentrate and focus their energy constructively which results in better schoolwork and grades. Physically, the karate kid's martial art classes train in a blend of Tang Soo Do (the for -runner of Tae Kown Do) and Japanese Karate." -Dubuque Karate Club Please see registration form here. It can be dropped off at City Hall or mailed in. Register soon as space is limited. Sessions begin September 19th. Cost: $130.00/child for 3 months. Adults Programming - TBD Leave from City Hall and travel with Iowa Wine Tours to 3 wineries and historical destinations. There are two different tours available: September 24th: Blackhawk Tour Learn the history behind the Upper Mississippi Wine Region, Galena, and the Black Hawk War as your professional driver takes you into the past. Stops include: Galena Cellars Vineyard & Winery, Rocky Waters Winery and Council Hills Station. Tour leaves from City Hall at 10am. October 1st: Mississippi Wine Tour Enjoy a scenic ride along the Great River Road with wine tasting, tours, and wood -fired pizza on the deck at the Park Farm Winery. Along the way, your professional driver will narrate the history behind the Upper Mississippi Valley Wine region, Great River Road, and the mighty Mississippi River. Wineries include: Park Farm Winery, Promiseland Winery, and Eagles Landing Winery. Tour leaves from City Hall at 10:30am. Cost for each tour: 65.00/person (Asbury Residents) 70.00/person (Non Residents) Cost of each tour includes transportation, tasting fees, wine tours, lu Dubuque Leisure Services THE CITY OF 2200 Bunker Hill Road DUB �Office AllAmericaCiq Dubuque Iowa 52001-3 010 (563) 589-4263 Fax (563) 589-4391 Masterpiece on the Mississippi 2007-2012.2013 2oiz*zolg TTY (563) 690-6678 parkrec@cityofdubuque.org www.cityofdubuque.org City of Asbury Attn: Sara Burke 5291 Grand Meadow Dr. Asbury, IA. 52002 February 1, 2022 Dear Mrs. Burke, In 2021, the City of Dubuque Leisure: Services Department entered into an agreement with the City of Asbury provide summer programs. After the conclusion of the 2021 summer season, both parties expressed their interest in continuing this partnership. Per Section 8 of the attached Memo of Understanding between the City of Dubuque and the City of Asbury, this "agreement may be renewed or extended, in writing." If the City of Asbury would like to continue this partnership for summer programming and are agreeable to the identical terms of the initial 2021 MOU, please complete and sign the following statement and return tome when possible. agrees to the renewal/continuance of the Memorandum of Understanding between "the City of Dubuque and City of Asbury to provide 2022 summer programs. Signature of Authorized Representative Date If you have any questions or concerns, please feel free to reach out to me at any time. Sincerely, f \ / Dan Kroger Recreation Division Manager RESOLUTION NO. 47-2022 CITY OF ASBURY A RESOLUTION APPROVING A MEMO OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND THE CITY OF ASBURY FOR RECREATIONAL SERVICES. Be It Resolved by the City Council of the City of Asbury, Iowa: The City of Asbury approves a Memo of Understanding between the City of Dubuque and the City of Asbury for recreational services. Passed and approved this 22nd day of February, 2022 Attest: City Admi 'Orator Dubuque THE CITF DUjB- E All•AmerlCaClt9 11111' Masterpiece on the _Mississippi 2007-2012-2013 2017*2019 City of Asbury Attn, Sara Burke 5291 Grand Meadow Dr. Asbury, IA. 52002 February 1, 2022 Dear Mrs. Burke, Leisure Services 2200 Bunker Hill Road Dubuque, Iowa 52001-3010 Office (563) 589-4263 Fax (563) 589-4391 TTY (563) 690-6678 parkrec@cityo€dubuque•org www.cityofdubuque• org In 2021, the City of I)ubuque Leisurc.Scrvices Department entered into an agreement with the City of Asbury'.to provide.summer programs. After the conclusion of the 2021 summer season, both parties expressed theirinterest in.continuing this partnership. Per Section S of the attached Memo of Understanding between the City of Dubuque and the City of Asbury, this "agreement may be renewed or extended, in writing." If the City of Asbury would like to continue this partnership for sumi-ner progranuriing and are agreeable to the identical terms of the initial 2021 MOU, please complete and sig'n..the following statement and return to me when possible. agrees to the renewal/continuance of the Memorandum of City of Dubuque and City of Asbury to provide 2022 summer pro gr s. Signatul of Ault prized Representative Date If you have any questions or concerns, please feel flee to reach out to me at any time. Sincerely, Dan Kroger Recreation Division Manager