Signed Contract_Blakeley Water ManagementCity of Dubuque
City Council Meeting
ITEM TITLE
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
July 15, 2024
Consent Items # 013.
Signed Contract(s)
2024 Docking Agreement with American Cruise Lines; 2024 Docking
Agreement with Celebration Belle; Independent Contractor Agreement
with Denise Blakeley I hrig of Blakeley Water Management.
Suggested Disposition: Receive and File
Docking Agreement - American Cruise Lines
Docking Agreement - Celebration Belle
Contractor Agreement - Blakeley Water Management
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Independent Contractor: Agreement
This Independent Contractor Agreement (Agreement) is entered into this 3rd day of
July , 2024, by and between the City of Dubuque (Hereafter "Organization"), and
_Denise Blakeley Ihrig of Blakeley Water Management_, an independent contractor (Hereafter
"Contractor"), in consideration of the mutual promises made herein, as follows:
Term of Agreement
This Agreement will become effective on the 1 st day of July 2024, and will continue in effect
until: 30 June 2025.
Services to be Rendered by Contractor
Contractor agrees to: Provide and perform utility management & engineering services on as
needed basis not to exceed 10-hours per week or at an agreed to schedule that is direct and
specific to a project or initiative. Such work may include but not be limited to the:
• Creation of Request for Engineering Service Proposals (RFPs);
• Regulatory compliance assistance;
• State Revolving Fund assistance;
• Provision of general civil and environmental engineering consulting services to the Water
Department on capital improvement projects;
• Drafting general communication and correspondence for the initiation, public hearing and
award of capital improvement projects;
• Consultation to the Water Department Manager on the development and creation of the
Water Department Operation and Maintenance Budget
• Consultation to the Water Department Manager on the development and creation of the
Water Department Capital Improvement Budget
• And the provision of Utility Management consultation and training to the Water
Department Manager in accordance with the EPA and national water and wastewater
associations "Effective Utility Management" 2008 publication which promotes effective
utility management based on the Ten Attributes of Effectively Managed Water Sector
Utilities and five Keys to Management Success. Key areas identified are:
• Operational Optimization (00) Ongoing performance improvements. Minimizes
resource use and loss from day-to-day operations. Awareness and timely adoption
of operational and technology improvements.
• Financial Viability (FV) Understands full life -cycle cost of utility. Effective
balance between long term debt, asset values, operations and maintenance
expenditures, and operating revenues. Predictable and adequate rates.
• Infrastructure Stability (IS) Understands the condition of and costs associated
with critical infrastructure assets. Maintains and enhances assets over the long-
term at the lowest possible life -cycle cost and acceptable risk. Repair efforts are
coordinated within the community to minimize disruptions.
• Operational Resiliency (OR) Staff work together to anticipate and avoid
problems. Proactively establishes tolerance levels and effectively manages risks
(including legal, regulatory, financial, environmental, safety, security, and natural
disaster -related).
• Water Resource Adequacy (WA) Ensures water availability through long term
resource supply and demand analysis, conservation, and public education.
Manages operations to provide for long-term aquifer and surface water
sustainability and replenishment.
• The contractor will also provide for assistance in the training and development of the new
Water Engineering Assistant and the Water Operations Supervisor.
Method of Performing Services:
Contractor will determine the method, details, and means of performing the above -described
services, including the determination of the need for and hiring of assistants at the Contractor's
own expense. The Organization may not control, direct, or otherwise supervise Contractor's
assistants or employees in the performance of those services.
Compensation:
In consideration for the services to be performed by Contractor, Organization agrees to pay
Contractor at a rate of sixty-three dollars and fifty cents per hour ($ 63.50/hr), mileage at the
published current Federal IRS standard rate, and direct costs associated with E&O professional
liability, commercial general liability and worker's compensation insurance estimated to be
$1,500. Invoices for work completed and mileage will be submitted monthly and payable within
30 days of the date of the invoice. A 2% per month late fee shall be added to late payments. A
single invoice with the receipt of paid insurance will be submitted one time per annum or at such
time as renewal is required by the City or Insurance agency.
Tools and Instruments:
Contractor will supply all tools, equipment, and supplies required to perform the services under
this Agreement.
Workers Compensation:
Contractor agrees to provide workers' compensation insurance for Contractor's employees and
agents and agrees to hold harmless and indemnify Organization for any and all claims arising out
of any injury, disability, or death of any of Contractor's employees or agents.
Insurance:
Contractor agrees to maintain a policy of insurance in the minimum amount of two million
Dollars ($2,000,000) to cover any negligent acts committed by Contractor or Contractor's
employees or agents during the performance of any duties under this Agreement. Contractor
further agrees to hold Organization free and harmless from any and all claims arising from any
such negligent act or omission.
Obligations of Organization
Organization agrees to meet the terms of all reasonable requests of Contractor necessary to the
performance of Contractor's duties under this Agreement.
Assignment:
Neither this Agreement nor any duties or obligations under this Agreement may be assigned by
Organization or Contractor without the prior written consent of Contractor and Organization.
Termination of Agreement:
Notwithstanding any other provisions of this Agreement, either party hereto may terminate this
Agreement at any time by giving _30_ days written notice to the other party.
General Provisions
Notices -
Any notices to be given hereunder by either party to the other may be made either by personal
delivery or by mail, registered or certified, postage prepaid with return receipt requested or by
secure e-mail. Mailed or e-mailed notices shall be addressed to the parties at the following
addresses:
Organization: dihrigl6ggmail.com
Contractor: Blakeley Water Management, 795 Carriage Hill Drive, Dubuque, Iowa 52003
("Home Office")
Each party may change the above address by written notice in accordance with this paragraph.
Notices delivered personally or by e-mail shall be deemed communicated as of the date of actual
receipt; mailed notices shall be deemed communicated as of three (3) days after the date of
mailing.
Entire Agreement:
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the performance of services by Contractor for Organization and
contains all of the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Any modification of this Agreement will be effective only if it is in writing signed by the party to
be charged.
Partial Invalidity:
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions shall nevertheless continue in full force without
being impaired or invalidated in any way.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Iowa.
Organization, City of Dubuque
by /�C�
Contractor, by
Date 07/03/2024
Michael C Van Milli eg n, Cit�ger_
(print name and title of authorized signer)
Date _6/30/2024
Denise Blakeley lhrig Principal Member
(print name and title of authorized signer for contractor)