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Five Flags Civic Center Operations Management Services RFPCity of Dubuque City Council CONSENT ITEMS # 14. Copyrighted January 21, 2025 ITEM TITLE: Five Flags Civic Center Operations Management Services RFP SUMMARY: City Manager recommending City Council approval on the Five Flags Civic Center Operations Management Services RFP. SUGGUESTED Receive and File; Approve DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. Staff Memo 3. RFP Page 142 of 740 THE CITY OF DUBE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Five Flags Civic Center Operations Management Services RFP DATE: January 15, 2025 Dubuque AI WIN av 2007-2012.2013 2017*2019 Leisure Services Director Marie Ware is recommending City Council approval on the Five Flags Civic Center Operations Management Services RFP that has been released. The current management agreement ends June 30, 2025. The RFP was developed to solicit competitive sealed proposals from qualified professional management firms capable of providing a full range of comprehensive management services with a well - proven track record of services consistent with generally accepted operation of a civic/events center and historic theater. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Marie Ware, Leisure Services Director Jared Charland, Project and Facilities Manager Page 143 of 740 THE COF DtUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Director SUBJECT: Five Flags Civic Center Operations Management Services RFP DATE: January 13, 2025 INTRODUCTION Dubuque AII•Amanu Clq nniaMw.wx: uxzr 2007-2012.2013 2017*2019 The purpose of this memo recommend approval of the Five Flags Civic Center Operations Management Services RFP that has been released. Q 6*401' 4IQ k At it's opening FF in 1979 was a city managed facility. In August 2003, an analysis of FF took place to determine what could be done to hold the line on expenses or reduce the property tax supporting that operation. After weighing the advantages and disadvantages of all options considered, the City contracted SMG (now ASM Global) in April 2004 to privately manage FF. The current management agreement ends June 30, 2025. The entire FF facility is owned by the City of Dubuque. In 2023 the city issued an RFP for operations management services for Grand River Center after 20 years of a management agreement with the same firm as well. The attached RFP was developed to solicit competitive sealed proposals from qualified professional management firms capable of providing a full range of comprehensive management services with a well -proven track record of services consistent with generally accepted operation of a civic/events center and historic theater. The City seeks a professional, financially sound company and team to operate, market, and manage the FF under contract agreement with the City. The City is inviting management firms to create a proposal that would establish a relationship with the City that will be most beneficial to both the City and the management firm. The RFP Committee consists of the following members: Marie Ware, Leisure Services Director Jared Charland, Project and Facilities Manager Cori Burbach, Assistant City Manager Jason Lehman, Assistant City Attorney Dawn March, Purchasing and Safety Coordinator Page 144 of 740 Keith Rahe, Travel Dubuque Julie Kronlage, Travel Dubuque The timeframe for the RFP is as follows RFP issued: January 16, 2025 Pre -proposal conference: January 29, 2025, 1:00 p.m. CST Deadline for requests, questions and technical info via email: February 03, 2025, 2:00 pm CST Addenda (if any) issued by: February 06, 2025, 4:00 p.m. CST Sealed Proposals due: February 13, 2025, 10:00 a.m. CST Interviews and negotiations: February — April 2025 Recommendation and City Council approval: April 7 or 21, 2025 ACTION REQUESTED I respectfully recommend approval of the Five Flags Civic Center Operations Management Services RFP that has been released. cc: Jared Charland, Project and Facilities Manager 2 Page 145 of 740 THE CITY OF DUB11aE Masterpiece on the Mississippi Operations Management Services Request for Proposal Five Flags Civic Center City of Dubuque, Iowa Issue Date: January 16, 2025 Closing Date & Time: February 13, 2025, 10.00 a.m. CST Leisure Services Department 1157 Central Avenue Dubuque, Iowa 52001-5016 1 Page 146 of 740 1_0 INTRODUCTION The City of Dubuque, Iowa (the "City") is soliciting competitive sealed proposals from qualified professional management firms capable of providing a full range of comprehensive management services with a well -proven track record of services consistent with generally accepted operation of a civic/events center and historic theater. This proposal is for the Five Flags Civic Center ("FF"), located at 405 Main Street in Dubuque, Iowa. FF has long served as an important community asset for Dubuque and its residents. Over the years, Five Flags has served as a critical gathering place in Dubuque, hosting thousands of entertainment events, performing arts, sports, and civic events. The primary elements of the current Five Flags Civic Center are the 4,000-seat arena (24,500-square foot of flat space), a 711-seat historic performing arts theater, 1,950-square feet of meeting space, and a 1,700-square foot black box theater. The City is seeking a professional, financially sound company and team to operate, market, and manage FF under contract with the City of Dubuque. The City invites management firms to create a proposal that would establish a relationship with the City that will be most beneficial to both the City and the management firm. The City invites submittals from qualified firms that have proven experience in providing comprehensive management, marketing, and full -service operations at civic and events facilities in comparable or larger markets. This Request for Proposal (RFP) is for consolidated services. That is, firms should be prepared to provide all management, marketing, and operations services. The City will consider a firm's use of affiliated companies, joint ventures, or subcontractors, to provide consolidated services. Such use is only acceptable after review by the City, and upon written approval. At the conclusion of the RFP process described herein, and upon execution of a Management Agreement (the "Agreement"), a firm will be selected for the comprehensive management, marketing, and operation of FF consistent with generally accepted operations of a civic and events center and historic theater. The selected firm will serve as an independent contractor of the City. Unless previously approved by the City, in writing, under no circumstances shall the work or services covered by this agreement be subcontracted and the management firm must function as the single point of responsibility for the City. Responsibilities of the selected firm will include but are not limited to: budgeting; hiring and training of staff; the maintenance of the land, building, furniture, fixtures, and equipment; local and national sales and marketing of FF; coordinating with the City and managing relationships with various product and service providers; coordination of FF utilization, scheduling, negotiating, and licensing of events, and additional responsibilities that may be required in the Agreement. The City owns FF building, the land on which the building is situated, and related furniture, fixtures and equipment ("FF&E"). The selected firm shall furnish such personal property as may be required to carry out the firm's obligations (such as office supplies) and any other services as may be required by the Agreement or as otherwise agreed with the City. The selected Firm and General Manager will communicate with the Contract Administrator (currently the Leisure Services Director). Page 2 Page 147 of 740 History FF's location began as a hotel on the corner of Fourth and Main Street named the City Hotel in the 1840's. In 1862, William G. Stewart purchased the building and began converting it into a theater. Over the next 45 years, the venue endured a number of different owners and name changes, until the original structure was destroyed in a fire in April 1910. The existing theater was designed and built by C.W. and George L. Rapp of Chicago, who were highly regarded as some of America's premier theater architects. The theater continued to operate in a variety of capacities until 1969 when it was earmarked for demolition as part of Dubuque's 12-block downtown urban renewal program. Those opposed to the demolition believed the facility was an irreplaceable treasure and began obtaining private donations to combine a restored theater with a new exhibition -arts facility for an all-purpose civic center on the block bordered by Fourth, Fifth, Main, and Locust Streets. A fund drive began in 1971 to renovate the venue and build an adjoining arts arcade and exhibition hall. In 1972, the Orpheum was placed on the National Register of Historic Places. The theater was restored in 1975, renamed the Five Flags Theater and reopened in 1976. Shortly thereafter, a bond referendum was held for the construction of the Five Flags Civic Center, to be attached to the existing theater. An overwhelming 70 percent majority approved of the project. The complex is connected to the theater. The Civic Center opened its doors in 1979, alongside the restored Theater on Fourth and Main taking up a full city block. The bond was a $3.7 million project. Additional upgrades and renovations were completed in 2005 at a cost of just over $2.0 million. At it's opening FF in 1979 was a city managed facility. In August 2003, an analysis of FF took place to determine what could be done to hold the line on expenses or reduce the property tax supporting that operation. After weighing the advantages and disadvantages of all options considered, the City contracted SMG (now ASM Global) in April 2004 to privately manage FF. The current management agreement ends June 30, 2025. The entire FF facility is owned by the City. In December 2022, the Dubuque City Council approved $24 million project to renovate the Five Flags complex after three separate studies. The selected management firm will be expected to advise the City on industry best practices and revenue generation opportunities during the renovation process and recommend how to best implement the renovation schedule while minimizing operational disruptions. The RFP to select a consultant to begin the renovation process is expected in the second half of 2025. The current FY 25 capital budget has $600,000 budgeted for the consultant plus project and construction management services. City of Dubuque Recommended Capital Improvement Summary FY 2025 - FY 2029 PROGRAM/ PROJECT DESCRIPTION SOURCE OF FUNDS DEPT FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 TOTAL CIVIC CENTER DIVISION Culture and Recreation Five Flags Building Improvements GDTIF G.O. Debt, Greater Downtown TIF $ — $ 2,800,000 $ 3,094,678 $ 8,587,322 $ 8,972,000 $ 23,454,000 Page 3 Page 148 of 740 Timeline for Services It is the intent of the City that the new management agreement will begin at 12:01 a.m. on July 1, 2025. 2.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, directly adjacent to Illinois and Wisconsin. As Iowa's oldest city, Dubuque is a community well known for its historic and architectural beauty. The City is over 30 square miles in area, with a population of nearly 60,000. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education, and employment center for the tri-state area. Tourism is a major economic force in the community. The City of Dubuque is governed by an elected Mayor and City Council and managed by a City Manager. FF has a Civic Center Advisory Commission made up of local residents. The City funds a full range of municipal services. City government works in collaboration and partnership with the private and non-profit sectors to promote economic development and sustainability. Downtown, neighborhood, and riverfront planning, sustainability, and revitalization are long- standing priorities of the City. The City's website showcases and provides information on many aspects of the City's operations. City Council goals and priorities are available on the City's website. The Mayor and City Council have identified becoming a more sustainable and resilient city as one of their top priorities for over 18 years. Implementation of a community -defined sustainability plan is among the Council's priorities. Find out more at www.sustainabledubuque.org. The City is striving to be an equitable community of choice, one that is data driven, outcome focused, and built on the five pillars of sustainability, resiliency, equity, transparency, and compassion through people, partnerships, and planning. The Imagine Dubuque Comprehensive Plan was adopted in 2017, following a year of community engagement that gathered over 12,500 ideas from more than 6,000 residents and stakeholders. The plan serves as a policy guide for the community's physical, social, and economic development. Implementation of the plan recommendations will rely on community participation, partnerships, and collaboration with residents and organizations. The goal is to create a more viable, livable, and equitable community. The City tracks progress on the Plan and details can be found on the webpage link above. Components of the plan are applicable to responses to the RFP. Approximately 60,000 people work in Dubuque County and Dubuque's largest employers include John Deere Dubuque Works, Dubuque Community Schools, MercyOne Dubuque Medical Center, Medical Associates Clinic, P.C. Unity Point Health -Finley Hospital, Cottingham and Butler, and Sedgwick. The City of Dubuque and the Greater Dubuque Development Corporation ("GDDC") are focused on the continued growth and expansion of current Dubuque County businesses, recruitment of a new workforce, and welcoming new businesses to the community. Dubuque is home to higher education institutions, including the University of Dubuque, Clarke University, Loras College, Northeast Iowa Community College ("NICC"), and the neighboring University of Wisconsin -Platteville. Page 4 Page 149 of 740 Dubuque has seen growth in its tourism industry year after year. Travel Dubuque has led award winning efforts showcasing all there is to do in Dubuque and the region. Dubuque's history as Iowa's first city and its beautiful historic architecture especially in Dubuque's downtown sets us apart as a travel destination that brings over 2,000,000 visitors to the area each year. The National Mississippi River Museum and Aquarium is in the nearby Port of Dubuque and is a major tourist attraction for the region. FF is located in the historic Main Street and next to the Historic Millwork District. Over 50 murals are located throughout downtown and create a unique experience for travelers and visitors to the community. Viking River Cruises hosts national and international travelers and docks in the Port of Dubuque. The ever-expanding Field of Dreams Movie Site is just a quick 20-mile drive away and attracts many travelers to the region. Explore Travel Dubuque's website and social media pages for more information. 3.0 PROPOSAL GOALS AND OBJECTIVES This RFP seeks proposals from qualified firms that will address the goals and objectives outlined in this RFP. The selected firm will provide turn -key operations, management, and marketing services. The selected firm will be expected to complete the contracted scope of work within the timeframe, under the general direction and coordination of the City's Contract Administrator (currently Lesiure Services Director Marie Ware) and the City Manager, as authorized by the City Council. The City has identified the following operational goals and objectives for FF. The intent is to achieve these goals in the timeliest and most cost-effective manner while providing the highest quality customer service. Firms should consider these goals an important part of the RFP process, as the ability to meet them will be carefully evaluated in the selection process. A. Manage day-to-day operations and maintenance of FF in a prudent, high quality, and efficient manner that meets the highest industry standard. 1. Maximize direct spending benefitting the Dubuque economy. 2. Maximize FF revenue generation with diverse revenue streams and minimize expenses through excellent management service. Achieve the greatest profitability while decreasing FF's cost impact on the City's budget. 3. Maximize the economic impact to the community, region, and state (via the accommodation of non -local events, concerts, performances, and shows) and overall utilization of the facility, while focusing on minimizing the annual operating cost for FF. Establish a mix of events including tenant activities, touring entertainment events/shows, sporting events, community events and more. 4. Implement a strong marketing and sales strategy that supports revenue goals. 5. Develop and implement an annual marketing plan for the facility to attract events, shows, concerts, and performances. 6. Expand outreach efforts and enhance usage of FF by developing and implementing initiatives to penetrate new markets, secure new events and activities, and promote FF. 7. Develop and execute strategies to ensure FF is competitive with other civic centers and historic theaters in comparable markets and modify such strategies as market conditions and trends change. Page 5 Page 150 of 740 B. Provide superior services to booking agents, event planners, patrons, visitors, and other uses of FF by maximizing customer satisfaction as exhibited by an industry -wide positive image of FF and maximized re -bookings and routing opportunities. 1. Develop, implement, and monitor internal and external, independent performance measures to gauge and report levels of customer service satisfaction in various metrics. C. Ensure that shows, performances, concerts, and other events are attracted to and retained at FF by producing a customer -friendly, client -friendly, and cost-effective environment. Provide promotional activities, seating, sponsorships, and ticket related services. D. Properly maintain and safeguard the City's capital investment in FF through the exercise of the highest standards of maintenance and preservation, including the development and maintenance of a rolling 5-1 0-year capital improvements and equipment replacement budget and a well -established and documented maintenance plan. E. Provide high quality food and beverage concession services. F. Recruit and develop a customer -friendly, service -oriented, safe, well -trained workforce. Include plan for taking affirmative action to ensure that all employment practices are free from such discrimination. Include statement it is an Equal Opportunity or Affirmative Action employer. G. Establish a system of communication and collaboration that encourages partnering between and among other segments of community. 1. Develop and enhance strong, collaborative working relationships and beneficial marketing strategies with the City, Travel Dubuque, Dubuque Main Street, Dubuque Area Chamber of Commerce, and Greater Dubuque Development Corporation. 2. Cooperate with Dubuque hotel and motel operators to increase and maximize local and nearby hotel and motel occupancy. 3. Work collaboratively with other City owned facilities including Grand River Center and ImOn Arena. H. Respond to and support the ever -changing needs of the community and users of the facility with recommendations for expansion, renovations, and upgrades of services, technology, and equipment for first-class operations. I. Develop and establish open, clear, and responsive reporting systems with the City, utilizing measurable and reported performance metrics. 1. Strive to meet and exceed benchmarks established in the Agreement and any adjustments thereto. J. Achieve and exceed goals and objectives in a professional manner, consistent with best industry practices and all applicable laws and ordinances. 4_0 PROPOSAL SCOPE OF SERVICES In preparing a response to this RFP, the firm should describe the means or strategy by which they would satisfy the scope of services. The final scope of services will be negotiated with the selected firm. The scope of services in this section is preliminary and may be modified during the selection Page 6 Page 151 of 740 and negotiation process. The City will evaluate submitted proposals and award an operations, management, and marketing agreement to selected firm based on the best proposed solution to each individual section listed below and in Section 3.0 Proposal Goals and Objectives. The following outline represents the minimum components for performing the requested services. A. Operation Management Services - Operation management services requires the professional management operator to manage, in the most efficient, high quality, and cost- effective manner possible, all aspects of FF operations such as groundskeeping, custodial and maintenance services, security, sales, booking, marketing, event services (including event set-up and tear -down, AV, event technologies, scheduling, promotions, business relationship development, sponsorship and promotional services), food and beverage services, financial and administrative services (including accounting, budgeting, purchasing, human resources, and contracting). Specific services and expectations of the professional management operator will include, but not be limited to the following: 1. Day -to -Day Management and Operation - a. Ensure that the facility is kept clean, safe, sanitary, and maintained in good working order. b. Conduct repairs as necessary, certifying that work is compliant with, and when possible, exceeds, City, state, and federal regulations. C. Manage FF & E internal to FF. Provide, or cause to be provided, all incidental services required in connection with FF or its events, including but not limited to client development, promotional activities, food service, and concessions. d. Maintain an adequate staff of courteous, well -trained, and efficient employees at FF and provide appropriate supervision of such employees. e. Create a focus on all aspects of the business, including but not limited to state, local, regional, and national events, and activities, government, social, military, educational, religious, and fraternal (SMERF) events and activities, and local social activities and events. f. Support (in-house or via third party vendor(s)) of the technical environment of FF operations including but not limited to: audio visual, lighting and sound systems, end -point devices (such as computers, laptops, printers, phones, mobile devices, servers, and cloud -based storage systems), cybersecurity protection and monitoring, business operational software systems (such as financial, payroll, e- mail, point -of -sale systems), compliance with all relevant security and privacy standards, telecommunications systems (including all wired and wireless systems such as telephony systems and phones, networks systems and connectivity, low voltage wiring, firewalls, routers, switches, internet services room display screens, outdoor electronic signage, time and attendance systems, television/video services), HVAC and physical plant monitoring systems (including access control and security), and any technology upgrades, maintenance, and support activities. 2. Report Preparation - collect all revenues generated through the operation of FF and document all expenditures necessary for the proper management, operation, maintenance, and supervision of the facility. Prepare and submit monthly and yearly financial, operating, maintenance, management, marketing, and other such reports as required by the City. Manage and track FF equipment list & submit yearly operating equipment requests to the City. Page 7 Page 152 of 740 3. Annual Plan - develop annual plans, capital budgets, equipment replacement schedules, and operational budgets for the City that have defined performance measures. Comply with such plans, budgets, and timelines. Upon conclusion of the fiscal year, ensure completion of an audit by a certified public accounting firm to develop audited financial reports and to certify compliance with generally accepted accounting principles. 4. Contract Administration - administer all contracts and agreements required in the ordinary course of business in operating FF, and if necessary or requested by the City, participate in the solicitation of, and negotiations with, competing service providers. 5. Advise - provide such advice and assistance in relation to the operation, marketing, management, maintenance, and supervision of FF as the City may require including, but not limited to, recommending potential changes to sources of revenue, financial accountability, reporting structures, partnerships, prices, policies, and other such practices that could potentially add to the financial success of the facility. 6. Respond to City Requests - respond in a timely manner to requests from the City and its agents or counsel. B. Transition Services, if applicable, & Review of Services for Upgrades - Develop transitional service plans for changeover of current management firm to new management firm (if applicable). Perform a review of current services and provide proposals for upgrades of services. C. Timeline/Schedule - The firm shall provide a recommended schedule for instituting operations management services (as well as transition services, if applicable). 5_0 SUBMITTAL FORMAT TO BE INCLUDED IN PROPOSAL The proposal should address all of the points outlined in this RFP. To simplify the review process and obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included — they represent the criteria against which the proposal will be evaluated. Letter of Transmittal and Executive Summary Provide a letter of transmittal briefly outlining the firm's understanding of the work. List the name, address, telephone number, e-mail, and company website and social media of the firm's preferred contact person (the "Proposal Manager"). The Contract Administrator will be the primary contact person during the RFP evaluation process. Provide a brief executive summary (no more than two pages) that succinctly discusses the firm's approach and describe how the firm is uniquely qualified as the best choice to manage FF. Minimum Firm Qualifications This section lists the criteria to be considered in evaluating the ability of firms interested in providing the services specified in this RFP. A proposer must meet or exceed these requirements to be considered for award. Any exceptions or qualifications to the requirements listed should be clearly detailed in the proposal. Proposed firms shall: Page 8 Page 153 of 740 A. Have extensive experience in providing services similar to those specified in this RFP. B. Firm shall have successfully performed services of similar scope with other public, quasi -public, or private organizations. C. Have knowledge of and comply with all currently applicable, and as they become enacted during the Agreement term, federal, state, and local laws, statutes, ordinances, rules, and regulations. All laws of the State of Iowa, whether substantive or procedural, shall apply to this RFP and the Agreement, and all statutory, charter, and ordinance provisions and policies that are applicable to public contracts in the City shall be followed with respect to this RFP and the Agreement. D. Experience with municipal and city governments. E. Have the capacity and resources to acquire or provide all insurances and other financial commitments as outlined in the terms of this RFP, the proposal, and the Agreement. F. Have the capacity and resources to provide all other services and meet all other obligations of the firm in the Agreement. G. Have appropriate material, equipment, and labor to perform specified services under the Agreement. Proposal Response Form Provide a completed Proposal Response Form found in Appendix B. Profile of Firm — Background and Qualifications Provide a profile of the firm and describe its legal structure, principal officers, and organizational structure. The proposer must identify and distinguish between its own experience and qualifications and that of any parent entity, predecessor, or subsidiary of the proposer, whether wholly -owned or partially -owned. A. Provide an overview of the firm's profile. B. Provide short biographical information of key executive personnel and staff, including any subcontractors firm proposes to be assigned to execute the terms of the Agreement. Provide short biographical information on key personnel and principals of the firm that would oversee FF assigned personnel and whether such involvement will be on a fully informed daily basis or in an advisory capacity. Include the resume(s) of the proposed on -site general manager or the candidates for the general manager position. Resume(s) should describe each person's qualifications and experience with managing and marketing public assembly facilities. The response should include provisions ensuring that the selected on -site general manager will not relocate to another facility or responsibility other than FF until a minimum period of time has elapsed. C. Provide firm's affirmative action plan and diversity, equity, and inclusion plan. D. To protect the City from the sudden loss of managerial services, management shall ensure that there is at least one other manager on FF staff who is thoroughly familiar with the management and operation of the facilities and associated issues and processes, who could capably serve in an interim capacity as the general manager of FF. E. Provide audited and certified financial statements for the firm's last three years of operation. If the proposer is a joint venture, a copy of the joint venture agreement must be submitted for each party. (Not included in page count and provided as a .pdf file(s) Page 9 Page 154 of 740 submitted electronically as outlined and labelled "(firm name) Audited and Certified Financial Statements"). F. Provide a complete and detailed history of the firm's facility management experience for the last five years. Information provided should include a description of services provided, examples of successful operational strategies for civic and events centers and historic theaters, and the term of the management contract, with particular attention to: 1. Specific, quantifiable measure of success at other facilities managed by the firm, with particular emphasis on civic centers and historic theaters that are in communities of a comparable size to Dubuque located in the Midwest. 2. Specific expertise gained from past management experiences relevant to future FF operations. G. Provide an explanation of firm's experience in working with public entities or other entities that operate and market facilities for a public entity, including cooperative efforts, philosophy, and results. H. Provide general information about the firm including but not limited to corporate headquarters, age of the firm, firm history, annual revenues, number of employees, and brief description of firm, along with its area of expertise and experience as it relates to this RFP. Describe the experience and success of the firm in performing similar operations management services. State the location(s) of the office(s) from where the supervision of the management services will be performed. I. Proposers shall demonstrate the financial capacity necessary for the City to assess the viability of the proposer to enter into and to provide the services at the level anticipated in this RFP, or higher, as well as any action with respect to a contemplated sale, act of receivership or reorganization of the proposer or any subsidiary that is, or has previously been, engaged in delivery of the services contemplated in this RFP. J. Discuss the firm's ability to integrate this operations, management, and marketing services contract into its present workload. Include a statement to specify if the firm currently has the capacity to undertake the operations management services or whether it intends to hire additional staff or partner with subcontractors. K. It is the sole responsibility of the successful proposer to ensure adherence to all applicable local, state and federal wage and labor laws and employment eligibility requirements. Current and Former Management Contracts/Agreements A. Information on four (4) comparable and relevant government owned, managed facilities the firm has managed in the last ten (10) years. If not government owned, explain facility(ies) applicability. • Facility Name • Physical Address • Type of facility (e.g. civic center, theater) • Relevant descriptive facility information including gross square footage and net square feet of spaces, etc. • Extent of responsibilities • Discuss what specific, quantifiable measures of success have been achieved through your company's services in operations management of the venue • Dates of management Page 10 Page 155 of 740 • Reference including contract administrator name, title, phone number, email, and address that can attest to firm's performance B. Information on any relevant facilities which the firm has managed within the past ten years and now no longer manage other than those lost in a competitive process. C. Provide a comprehensive list of contracts/agreements that have not been renewed with the proposer within the last five years. Include name, physical address, and type of facility, in addition to the name, title, address, and telephone number of the client contact or contract administrator. D. Disclose any management services agreement terminated, with or without cause, or not renewed by a public or private entity for management and operations of any civic or community center within the past five (5) years, together with the reasons for termination or non -renewal. Scope of Services Describe the means, methodology, and/or strategy by which the firm would satisfy the scope of services as listed in Section 4.0 and meet the goals and objectives in Section 3.0. Include a basic work plan for each strategy that delineates the firm's approach to the operations management services using the outline below. The work plan, at a minimum, should include those components outlined in Section 4.0 of this RFP. The firm should indicate in the work plan any aspects that are proposed to be the responsibility of City staff. Highlight any parts of the work plan that will reflect the firm's unique philosophy, insight, or expertise regarding its approach to this operations management services and how this approach positively impacts successful operations management services at FF. This is the firm's opportunity to convey ideas and concepts with respect to the goals, objectives, and scope outlined in the Scope of Services. A. Management Plan Describe your overall philosophy on how FF should be managed, operated, and marketed. 2. Provide information on: a. Employee/employer relationships and the proposed management structure for FF; b. How the management team will report to the firm's corporate offices and to the City; C. How the firm expects to interact with the City; and d. How the firm's departmental functions, including executive/administration, marketing/public relations, operations/event services and finance/information services would report to the City. 3. Provide an organizational chart denoting any departments, divisions, senior management positions, and supporting positions within each management and operating department or division anticipated to provide on -site, day-to-day services associated with FF. Page 11 Page 156 of 740 4. Provide a suggested staff and organizational chart for that would reflect the proposed operating structure for FF listing positions, functions, and responsibilities for the operation locally of FF. 5. Provide resumes of key personnel and principals of the firm that will be involved in the management of FF and whether such involvement will be on a fully -informed, daily basis, or in an advisory capacity. Include years of experience with the firm, years of experience in the industry, educational background, and relevant industry licensure, certifications, and affiliations. Distinguish between project experience with the firm and experience with other companies. 6. If applicable, describe whether the firm is open to engaging, as employees or independent contractors, current management company employees working at FF, provided such personnel are mutually satisfactory to all parties. Provide examples, if any, of past employee transitions experiences and ways to address potential challenges (such as preserving benefits/pensions of former employees whom the firm has engaged under similar transitions from private -to -private operations at other facilities). B. Marketing Plan Philosophy 1. Discuss proposed marketing and promotional concepts that will further the goals and objectives of FF while also maximizing the benefits to the Dubuque area. This should include the firm's approach to co -promoting events and creating new events and activities with, for example, Five Flags Civic Center or Travel Dubuque. 2. Explain how your firm's network and relationships with event/meeting planners and/or promoters with venue networks will maximize bookings and programming opportunities. Describe any opportunities that may be available to the City in the event the firm operates or promotes other venues in the region. 3. Describe in general the proposed approach to booking, scheduling, promoting, advertising, and marketing events at FF, including booking and scheduling events with outside event planners, promoters, event coordinators, meeting planners, and local events. This should include working with the City and local stakeholders. Include specific examples from other, similar venues of the firm's ability to attract, book, and schedule similar events and activities, including examples of networking among the proposer's clients or other means used to enhance bookings and programming. C. Operations Plan 1. Provide a description of the policies and proposed methods of providing the following management services for FF. Include a discussion of providing these services in-house or by contracting with an outside party, as well as a discussion of the firm's approach for dealing with existing agreements. a. Event Set-up and Tear -Down - the labor, equipment, and materials required to timely and adequately set-up and breakdown all events utilizing FF. b. Event Services - all services such as cleaning, business services, electrical, carpentry, and plumbing required for a successful event. C. Site Maintenance and Engineering - all maintenance and engineering and Page 12 Page 157 of 740 operations management services required to guarantee a safe and well - maintained facility and efficient operation of FF. Describe the upkeep and preventative maintenance plan for FF. d. Security - all security services needed to keep FF and surrounding grounds safe for visitors and in compliance with all laws. e. Custodial Services - the labor and maintenance required to clean and service all areas of FF. f. Technology, Lights, and Audio/Visual (as outlined in section 4.OA of this RFP) - all technology services required for a successful event and day-to-day technology operations, including but not limited to events, computer and audio/visual support. 2. Identify those services intended to be contracted out and identify how local, certified minority and women -owned businesses have been used in other facilities under the management of the proposing firm to provide services, supplies and materials for the facilities, and what general plans the proposer would have in terms of doing the same in Dubuque. This summary should include any requirements that may have been placed on firms with whom the proposer has contracted for services regarding their use of local minority and women -owned businesses and subcontractors. D. Transition Plan (if applicable) Describe steps and timing of a transition plan should the firm be chosen. E. Financial Plan 1. Provide a strategy for minimizing the annual operating expenses and maximizing the annual operating revenues of FF. 2. Develop a budget for the first full year of operations under contract for FF. Include a detailed description of all expenses and revenues, by line item, and provide an explanation of how each line item was developed and the assumptions used. The management fee, if any, paid to your firm should be included as a separate line -item expense. 3. Develop a three-year operating budget for FF. All revenues and expenses should be listed, by line item, along with all relevant assumptions used. The management fee, if any, paid to your entity should be included as a separate line -item expense. Provide examples of management reports that will be submitted to the City monthly detailing profits/losses, financial and surcharge details and any other significant financial activity from the previous month. These specific examples are not included in the page count of the proposal. 4. Understanding that the City will be financially responsible for, and have the final approval of capital improvements, provide a description of the firm's role in identifying and prioritizing capital improvements, including approval, billing, purchasing, and letting of contracts. 5. Describe the firm's approach to annual fundraising to help sustain operations of FF, including potential naming rights (not FF building itself), operating and programming Page 13 Page 158 of 740 sponsorships, pouring rights, and any other contractually obligated income ("COI"). Provide examples of past success with fundraising at other, similar venues. F. Compensation Proposal It is the City's desire to obtain compensation proposals related to the management of FF. Provide a proposal the firm may be willing to enter into if selected. Proposals may include: Base and Incentive Fee Structure — the selected firm would receive a base fee and potential incentive fee in exchange for operating FF while all operating revenues and expenses would be allocated to the City, please describe. Describe the nature and amount of the financial resources that would be committed by the firm to enhance the likelihood of the successful operation and management of FF. All compensation proposals must comply with applicable IRS regulations to protect the tax- exempt status of the City's outstanding and to be issued bonds. At a minimum, the proposal shall address the following: a. Base Fee - the amount of the annual fee for management services, if any. b. Incentive Fee(s) - identify the standards that will be used to determine the amount of the incentive fee. Be advised that the City is interested in incentives that balance the need for: (i) minimizing operating deficits; (ii) maximizing the attraction of non -local, economic impact generating events; and (iii) maintaining high standards of physical products and service quality. C. Capital Investments - identify areas in which the proposer will invest in additional fixtures, equipment, or other aspects of FF. d. Incidental Expenses — identify any incidental expenses that would be paid out of pocket by the city for items such as relocation or travel expenses indicating the proposed expenses are one-time or recurring. Other compensation proposals would be accepted for consideration. Understandina of Final Aareement Terms The firm should provide a statement that indicates it has read and understands Appendix D — City of Dubuque Contract Terms and Conditions (the "Contract Terms and Conditions") and agrees to include the clauses that are listed in Appendix D in the final Agreement. Any exceptions to the Contract Terms and Conditions by the firm must be clearly stated in the submitted Proposal. Insurance Requirements The firm should provide a statement indicating that they are able to meet the City's insurance requirements for professional services. (See attached Insurance Schedule J — Appendix E.) Submittal of insurance documents as part of this RFP are not required. Litigation and Dispute Disclosure Indicate and disclose all lawsuits, including claims involving arbitration or other alternative dispute resolution mechanisms, filed against the proposer and any affiliates within the past five years of Page 14 Page 159 of 740 the date of this RFP. Notwithstanding the above disclosure requirement, the proposer is not required to include the following claims: • Personal injury suits resolved for amounts less than $100,000 filed by visitors, guests, invitees, licensees, or trespassers at or upon the real properties owned, leased, operated, or managed by the proposer or its affiliates. • Workers' compensation claims filed by employees of the proposer or its affiliates. • Mechanics, supplier, or material liens of less than $5,000; and • Real property tax appeals. Among the types of lawsuits that are expected to be disclosed are sexual harassment claims; age discrimination claims; other claims involving protected classes such as race, national origin, gender, gender identity, or sexual orientation; breach of contract claims; and claims involving violations of collective bargaining agreements. Proposed Schedule/Timeline Provide a detailed schedule for the operations management services, including transition (if applicable) and the new management agreement. Outline tasks for all components outlined in the RFP, including the time durations and estimated completion dates for each major component of the proposed scope of services. Clearly define work tasks expected of the City. The schedule should list all deliverables that are required throughout. Financial Package, Fees, Compensation Must be in a separate .pdf submission named "(firm name) Management Services Financial Proposal". Provide a financial package, fees, or proposed fixed costs, plus reimbursable expenses budget for the requested scope of services as well as breakdown costs provided as necessary to understand the financial proposal package. A proposed agreement for operations management services must be included in a separate submittal. Note, however, that this draft agreement will not be legally binding, and all terms and conditions are subject to review, modification, and approval by the City. The proposed management agreement is not included in the page count for proposed submission. Include the "(firm name) Audited and Certified Financial Statement" file that contains only the audited and certified financial statements. 6.0 RFP TIMELINE, QUESTIONS, AND ANSWERS Timeline The following dates are provided for information purposes and are subject to change without notice. Contact the Contract Administrator to confirm any and all dates. RFP issued: January 16, 2025 Pre -proposal conference: January 29, 2025, 1:00 p.m. CST Deadline for requests, questions and technical info via email (NOTE: Firms encouraged to email before this deadline): February 03, 2025, 2:00 pm CST Addenda (if any) issued by: February 06, 2025, 4:00 p.m. CST Sealed Proposals due: February 13, 2025, 10:00 a.m. CST Interviews and negotiations: February — April 2025 Recommendation to and City Council approval: April 7 or 21, 2025 Page 15 Page 160 of 740 Questions and Answers All information requests, questions, and technical information shall be directed to the City's Contract Administrator as detailed below. From the date of issuance of this RFP until final City action of an approved agreement, the firm shall not discuss the RFP with or contact any City of Dubuque employee or any member of the Selection Committee or the current management firm ASM Global and any of its employees or representatives except as expressly authorized by the City's Contract Administrator. Violation of this restriction will be considered grounds for disqualification of the firm's proposal. Contact with any City of Dubuque employees, any member of the Selection Committee, or the current management firm ASM Global and any of its employees or representatives on other matters not related to FF RFP and RFP process is allowed. The Selection Committee has members from Travel Dubuque, the City Attorney and City Manager's office, the Budget and Finance Department, and the Contract Administrator. The City has used considerable efforts to ensure an accurate representation of information in this RFP. Each firm is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be considered a part of this RFP unless released in writing (letter or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. Non -Mandatory Pre -Proposal Conference: A pre -proposal conference will be held on January 29, 2025, at 1:00 p.m. at FF Majestic Room and will include a tour of the facility and grounds. Email the City's Contract Administrator to receive an invitation. All firms are HIGHLY encouraged to attend for clarification of the requirements and knowledge of the facility. Any questions concerning this RFP must be received on or before 2:00 p.m. CST on February 03, 2025. Any inquiries received after this date will not be answered. When submitting a question to the Contract Administrator, please include the appropriate contact information for the firm. All questions sent in an email must include FF RFP Question in the subject line. It is the intent of the City that this RFP promotes competition. It shall be the firm's responsibility to advise the City's Contract Administrator of any language, requirement, or combination thereof which the firm believes restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Contract Administrator not later than five (5) working days prior to the bid closing date. Any failure to notify the City's Contract Administrator as outlined above shall be considered a waiver of any such objection. Confidentiality of Documents Except with the City's approval, proposer shall not, directly or indirectly, disclose, divulge, or communicate to any person, firm, or corporation, other than the City or its designated representatives, or as required by law, any non-public information which it may have obtained during the proposal process concerning any matter relating to the scope of services or the regular business of the City. By submitting a proposal, the vendor is providing a guarantee to the City that, if chosen, it will be able to provide the proposed products and services. Upon submission, all proposals shall be treated as confidential documents until the selection process is completed. All proposals and Page 16 Page 161 of 740 supporting documents become public information after an award has been made and are available for public inspection by the general public in accordance with State of Iowa public records statutes. Vendors shall give specific attention to clearly identify those portions of its response that it considers confidential, proprietary commercial information or trade secrets. Respondents are advised that, upon request for this information from a third party, the City is required to make a determination whether the information can be disclosed. In general, documents that are submitted as part of the response to this RFP will become public records and will be subject to public disclosure. If the firm follows the procedures prescribed by those statutes and designates a document "confidential" or "trade secret", the City will withhold the document from public disclosures to the extent that it is entitled or required to do so by applicable law. If the City determines that a document that the firm has designated "confidential" or "trade secret" is not entitled to protection from public disclosure, the City will provide notice of that determination to the contact person designated by the firm, in any reasonable manner that the City can provide such notice, at least five business days prior to the public disclosure of the document. If the firm does not designate anyone to receive such notice the City will not have any obligation to provide any notice of a determination of non -confidentiality. If the firm does not designate anyone to receive such notice, or if, within five business days after the City provides notice to the designated person, the firm does not initiate judicial proceedings to protect the confidentiality of the document, the City will not have any obligation to withhold the document from public disclosure. By submitting to the City a document that the firm designates as "confidential" or "trade secret", the firm agrees that in the event a third party brings any action against the City or any of its officials, employees, agents, or volunteers to obtain disclosure of the document, the firm will indemnify and hold harmless the City and its affected officials, employees, agents, and volunteers from any and all costs, including attorney's fees, incurred by or assessed against any such person. The firm also agrees that, at the City's request, the firm will intervene in any such action and assume all responsibility for defending against it, and the firm's failure to do so will relieve the City of all further obligations to protect the confidentiality of the document. Contract Requirements At any time during the selection process or afterward until the Agreement is negotiated and signed, the City reserves the right to terminate the process. The Agreement will be negotiated with the most responsible and responsive proposer whose proposal meets the needs of the City to the best degree as outlined in this RFP. The initial term of the Agreement should be assumed to be five (5) years. Ultimately, the term of the Agreement shall be determined through negotiations and mutual agreement of the parties. The City reserves the right to add to or delete any item from this RFP when deemed to be in the best interest of the City. No proposer shall assign its proposal or any right or obligation thereunder without the prior written consent of the City. Prices quoted in the proposal shall include any and all associated costs. All taxes of any kind or character payable on account of the work done and materials furnished under the Agreement shall be paid by the proposer and shall be deemed to be included in costs contained in the proposal. Proposal prices shall include all royalties and costs arising from patents, trademarks, and copyrights in any involved in the work. Whenever the proposer is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the proposer shall indemnify and hold harmless the City, its officers, agents or Page 17 Page 162 of 740 employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment or process, to be performed under the award/contract, and shall indemnify the City, its officers, agents, employees, and volunteers for any costs, including litigation costs and attorney's fees through the appellate process, expenses, and damages which may be incurred by reason of any infringement claim, whether during or after the term of the Agreement. Any contract resulting from this RFP may be canceled by the City in whole or in part by written notice of default to the proposer upon non-performance or violation of contract terms, including the failure of the proposer to deliver materials or services within the time stipulated in this specification, unless extended in writing by the City. In the event a contract is canceled because of the default of the proposer, the City may (a) purchase the services specified in this specification on the open market, or (b) negotiate a contract with another proposer and establish the period of such contract. Immediately after the notice of award, the winning proposer and its senior management shall begin planning in conjunction with City staff to ensure fulfillment of all obligations. Proposer will be expected to provide professional coordination services upon execution of the Agreement, the expenses of which will be borne by proposer. Proposer will be expected to attend meetings as required by the City or its designee to assist in transitions (if any). Contract Administrator contact information is as follows: Marie L. Ware Leisure Services Director City of Dubuque Leisure Services Department 1157 Central Avenue Dubuque, IA 52001-5016 Phone: 563.589.4264 E-mail: mware(o)-cityofdubugue.org 7_0 SUBMISSION REQUIREMENTS Before submitting a proposal, each firm shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the Agreement and to verify any representation made by the City upon which the firm will rely. PROPOSAL SUBMITTAL INFORMATION ■ Submittal Deadline: February 13, 2025 10:00 a.m. CST ■ Digital Submittal Location: https://cityofdubugue.sharefile.com/r-rde2a8dfc9650446780bdO15dc9773067 Submittal Copies: One (1) .pdf file each of o (firm name) Management Services Proposal (page limit below) o (firm name) Proposal Response Form (Appendix B) o (firm name) Proposed Management Agreement o (firm name) Audited & Certified Financial Statements o (firm name) Management Services Financial Proposal Page 18 Page 163 of 740 The proposal should be prepared simply, providing a straight -forward, concise description of the firm's capabilities to satisfy the requirements of the RFP. Initial screening will be completed without knowing the firm's proposed financial package, fees and compensation, the proposed agreement, or audited certified financial statements. Submitted Management Services Proposals must be uploaded in electronic .pdf format to the ShareFile link provided. No physical, faxed, or e-mail proposals will be accepted. The proposal must be a document of not more than sixty (60) numbered, 8-1/2 x 11-inch pages, except for the transitions schedule, if any, which may be presented in 11 x 17-inch format. The page count does not include the letter of transmittal, the Proposed Management Agreement, the Proposal Response Form (Appendix B), the Audited and Certified Financial Statements, or the Management Services Financial Proposal. The smallest typeface shall not be less than 11 points. Proposals should not include any pre-printed or promotional materials. Any proposals exceeding 60 numbered pages will not be considered. The City of Dubuque reserves the right to reject any and all proposals and to negotiate changes with any firm. Each addendum must be acknowledged in the Proposal Response Form (Appendix B) by providing the addendum date and number. Failure to acknowledge each addendum may be considered grounds for disqualification and may affect the selection. It is solely the firm's responsibility to ensure that all addendums to this RFP have been received before submitting the proposal. The proposal .pdf document shall have a signature by an officer of the firm who is authorized to legally bind the firm to its provisions and marked as such. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than one hundred twenty (120) calendar days from the proposal closing date is required. Failure to comply with the above requirements shall be considered grounds for disqualification. Each firm assumes full responsibility for delivery of the completed proposal package on or before the deadline. Any proposal received after the submittal deadline will not be opened or considered. The City is not responsible for any technology issue, loss or delay with respect to submission of the proposals. Firms may verify submission status of receipt of electronic documents (.pdfs) by contacting Leisure Services Lead Administrative Assistant Angie Metcalf at mmetcalf(@cityofdubugue.org or 563-589-4262. The City is not liable for any costs incurred by any firm prior to the execution of the Agreement. All results and documents from this RFP process will remain the property of the City of Dubuque. The City of Dubuque appreciates your time and consideration of this RFP. Sincerely, Marie L. Ware Lesiure Services Director City of Dubuque Page 19 Page 164 of 740 8.0 SELECTED FIRM - FEE NEGOTIATION PROCESS Upon the completion of the firm short list evaluation (Appendix A), the RFP Selection Committee will recommend to the City Manager the highest ranked firm and request authority to negotiate with the recommended firm a final scope of services, fees, and financial arrangements. The scope of services in this RFP is preliminary and may be revised during the selection and negotiation process. The negotiated agreement will be reviewed by the City Manager, signed by the firm, presented to the City Council for approval, and, if approved, executed by the Mayor. The City intends to award a contract to one provider to provide these services. The City will enter into an agreement which it determines, after evaluation of all accepted proposals, to be most favorable for the City. The City may not necessarily accept the lowest cost proposal and may, in its sole discretion, accept any proposal and may waive any minor informality or irregularity in proposals received. The City reserves the right to select a firm and make an award to the provider determined to be the most advantageous and beneficial to the City based on the City's evaluation criteria, or to make no award at all. The City anticipates that negotiations will be necessary; however, the City reserves the right to make an award without negotiations. The intent is to enter in an agreement with the qualified firm with the highest scoring proposal. Notwithstanding the foregoing, the City reserves the right to award the Agreement to a qualified firm other than the one with the most points, if, in the City's opinion, another firm's proposal offers the best value for the products and services requested, taking into consideration the evaluation criteria of the RFP. The City reserves the right to request clarification of the proposals without becoming obligated to offer the same opportunity to any other qualified firms. The Selection Committee may consider such clarifications in evaluating a proposal. A request for clarification will not entitle a firm to revise, resubmit, alter, or amend its Proposal. For the purposes of proposal evaluations, the Selection Committee may consider any or all of the information received from qualified firms pursuant to the RFP, as well as the City's knowledge of, and past experience with, the firm or its officers or employees. The City reserves the rights to: • Revise or extend this schedule at its sole option. • Conduct pre -award discussion and/or pre -award contract negotiations with any or all responsive and responsible proposers who submit proposals determined to be reasonably acceptable to the City; conduct interviews or require presentations of any or all proposers prior to selection; and make investigations of the qualifications of proposers as it deems appropriate, including but not limited to, a background investigation conducted by the Dubuque Police Department or any other law enforcement agency. • Request that proposer(s) modify its proposal to more fully meet the needs of the City or to furnish additional information as the City may reasonably require. • In its sole discretion, expand or reduce the criteria upon which it bases its final decisions regarding selection of a professional management operator for FF. The City reserves the right to reject any or all proposals or parts of proposals, to negotiate modifications of proposals submitted, and to negotiate specific proposal elements with a proposer into a project of lesser or greater magnitude than described in this RFP or the proposer's reply. • Process the selection of the successful Proposer without further discussion. • The City shall be the sole judge of proposers' qualifications and reserves the right to verify all information submitted by the proposers. Page 20 Page 165 of 740 A detailed schedule for the operations management services including transition (if applicable) and the new management agreement will be finalized. An outline of tasks, goals, scope, time durations, and estimated completion dates for each major component of the proposed scope of work will be established. The firm shall indicate the work tasks that will be completed by City staff. The schedule should list all deliverables that are required throughout. The City and the firm will meet and establish the final scope of services for the project as negotiated by joint revision of tasks in order to best meet the goals and objectives of the City while considering available funding (if appropriate). During the negotiation process, tasks to be completed by City staff, work reassignment to proposal and management services team members, and the addition or elimination of tasks may be modified in order to achieve the best overall results for the City. The selected firm shall be responsible for updating all tasks to reflect any changes that were agreed to during negotiations. After the final scope of services has been determined and the tasks finalized, the firm shall incorporate the tasks into the agreement documents being prepared for signature. Payment for Services: The firm awarded the agreement shall have negotiated financial arrangements outlined in the Agreement. Page 21 Page 166 of 740 Appendix A FIRM EVALUATION AND SELECTION PROCESS INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum and mandatory requirements of the proposal as outlined in Section 5.0. Proposals that do not meet minimum and mandatory requirements will be rejected without further consideration. A selection committee will review and score qualifying proposals using the established criteria below and select firms for placement on the firm short-list for operations management services. The criteria listed are not necessarily an all-inclusive list. Initial screenings will be done without knowing the firm's proposed fee for services and other items in the Management Services Financial Proposal envelope. The following criteria are among those that will be used to initially evaluate submitted proposals. Maximum Points Evaluation Criteria 50 Firm and Operations Management Experience Firm experience Proposed staff qualifications and experience Operations management experience with civic and events facilities of similar or larger size and scope Events management experience Prior experience with government entities Prior experience similar marketplaces Experience working with affiliated companies, joint ventures, or subcontractors (if proposed) 45 Proposed Management Strategy/Plan Meets Goals, Objective, Scope, and Requirements Outlined in RFP Organization/management approach Capacity to assume new business and improve existing business Demonstrated approach and understanding of goals, objectives, and scope outlined Quality and completeness of proposal Proposed timelines and schedule 5 MBE/WBE, Equity, and Sustainability Incorporation into Proposal 100 points TOTAL Page 22 Page 167 of 740 SHORT-LIST EVALUATION CRITERIA A selection committee will interview the short-listed firms chosen after the initial evaluation criteria scoring. The committee may choose to interview one, all, or any combination of firms on the short list. The interview is a very important part of the selection process. Both the original submitted proposal, and the results of the firm interview will be used to select the final firm for the management services to begin negotiations. Maximum Points I Evaluation Criteria 40 Firm and Operations Management Experience Firm experience Proven community relationships as outlined in RFP Operations management experience with civic and events facilities of similar or larger size and scope Specialized expertise, capabilities and technical competence demonstrated in approach and methodology meeting goals and objectives 40 Cost/Financial Demonstrated financial stability and capability Demonstrated ability to assemble necessary supports for management, operations, and marketing Sales, marketing, and operations successes Long term sustainable financial strategy including plan to reduce subsidy Financial package proposed 40 Proposed Management Strategy/Plan Meets Goals and Requirements Outlined in RFP Organization/management approach Capacity to assume new business and improve existing business Demonstrated approach and understanding of goals, objectives, and scope outlined Quality and completeness of proposal Professional expertise & abilities of management team proposed Relationship with industry partners Proposed timelines and schedule 20 Results of Interview Process 20 References Proven track record in operations management Proven relationships and interaction with Contract Administrator 10 MBE/WBE, Equity, and Sustainability Incorporation into Proposal 170 points TOTAL The City reserves the right to review and update weighting of the criteria after the initial evaluation is complete and prior to interviews beginning. Page 23 Page 168 of 740 Appendix B PROPOSAL RESPONSE FORM Request for Proposals for Operations Management Services for Five Flags Civic Center, Dubuque, Iowa The undersigned, on behalf of the firm, certifies that: (1) this offer is made without previous understanding, agreement, or connection with any person, firm, or corporation submitting a proposal on the same project; (2) is in all respects fair and without collusion or fraud; (3) the person whose signature appears below is legally empowered to bind the firm in whose name the proposal is submitted; (4) they have read the complete Request for Proposal and understand all provisions; (5) if accepted by the City, this proposal is guaranteed as written and amended and will be implemented as stated; and (6) mistakes in the submitted proposal will be the firm's responsibility. NAME DBA/SAME CONTACT ADDRESS CITY/STATE ZIP PHONE EMAIL STATE OF INCORPORATION COMPANY WEBSITE ADDRESS NUMBER OF LOCATIONS NUMBER OF PERSONS EMPLOYED TYPE OF ORGANIZATION: Public Corporation _ Private Corporation _ Sole Proprietorship Partnership Joint Venture Other (Describe): BUSINESS MODEL: Small Business Manufacturer Distributor Retail Dealer Other (Describe): Not a Minority -Owned Business: Minority -Owned Business: (Specify Below) _African American _ Asian Pacific _ Subcontinent Asian _ Hispanic _Native American Other - Please specify Not a Woman -Owned Business: Woman -Owned Business: (Specify Below) _Not Minority -Woman Owned _ African American -Woman Owned _Asian Pacific -Woman Owned_ Subcontinent Asian -Woman Owned _Hispanic Woman Owned _Native American -Woman Owned _Other — Woman Owned — Please specify ARE YOU REGISTERED TO DO BUSINESS IN THE STATE OF IOWA: Yes No ACKNOWLEDGE RECEIPT OF ADDENDA: All addenda are posted to the City's RFQ/RFP web page and it is the proposer's responsibility to check and confirm all addendum(s) related to this document. NO. , DATED ; NO. , DATED ; NO. , DATED In submitting a proposal, the firm acknowledges all requirements, terms, conditions, and sections of this RFP document. Proposal submission format should be by order in which sections are listed throughout the document. All minimum and general requirements should be specifically addressed and detailed in firm's response. Exceptions to any part of this document should be clearly delineated and detailed. Signature Title Date Page 169 of 740 Appendix C RFP RULES AND PROTEST PROCEDURE MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, provided such action is in the best interest of the City. Minor irregularities are defined as those that, in the City's sole discretion, have no adverse effect on the City's best interests and will not affect the outcome of the selection process by giving the prospective firm an advantage or benefit not enjoyed by other prospective firms. EXCEPTIONS Proposer exceptions to any part of the requirements stated in this RFP must be clearly identified as exceptions, noted in the letter of transmittal, and described in the submitted cost estimate. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager or City Council has recommended that a contract be negotiated with the recommended firm. However, after authorization has been granted to negotiate a contract, all contents of the submitted proposals shall become public information (subject to the confidentiality provisions described in this RFP). DEFINITIONS For purposes of this RFP, the words "shall", "must", and "will" are equivalent and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response is not in substantial accord with this RFP's mandatory conditions requirements. For purposes of this RFP, the words "should" or "may" are equivalent and indicate desirable conditions or requirements which are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not, in and of itself, cause automatic rejection of a proposal, but it may result in the proposal being considered as not being in the best interests of the City. DISPUTES/EXCEPTIONS Any prospective proposer who disputes the reasonableness or appropriateness of any item within this RFP, any addendum to this RFP, any notice of award, or any notice of rejection shall set forth the specific reasons and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification from the City. The written dispute shall be sent via certified mail or delivered in person to the Contract Administrator described herein, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. 25 Page 170 of 740 Appendix D CITY OF DUBUQUE STANDARD TERMS AND CONDITIONS TAX-EXEMPT BONDS - FF is financed with tax-exempt bonds. Additional tax-exempt bonds may be issued in the future to finance additions or improvements to FF. Thus, the final agreement between the City and a selected firm for operations management services must comply with federal tax laws that apply to the use of facilities financed with tax-exempt bonds. Proposers must ensure that their proposals are in full compliance with IRS guidelines and federal tax laws governing private business use of facilities financed with tax-exempt bonds. Proposers are expected to adhere to requirements found in Revenue Procedure 2017-13, and proposals should include an opinion from bond counsel that the proposal adheres to IRS Revenue Procedure 2017- 13. ASSIGNMENT - The City and the firm each are hereby bound and the partners, successors, executors, administrators, and legal representatives of the City and the firm are hereby bound to the other party to the Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of the Agreement. Any assignment or attempt at assignment made without prior written consent of the City shall be voidable at the City's option. PROPOSAL CURRENCY/LANGUAGE - All proposal prices and financial terms shall be shown in US Dollars ($). All prices must remain firm for the duration of the Agreement regardless of the exchange rate. All responses must be submitted in English. PROPOSAL FORM - Each proposer must submit an original proposal and additional copies as required on the forms attached. The proposer shall correctly sign the proposal, and the proposal may be rejected if it shows any omissions, alterations of the form, additions not called for in the proposal, or any irregularities of any kind. PROPOSAL REJECTION OR PARTIAL ACCEPTANCE - The City reserves the right to accept or reject any or all proposals or parts thereof. The City further reserves the right to waive technicalities and formalities in proposals, as well as to accept in whole or in part such proposals where it is deemed advisable in protection of the best interests of the City. CONFLICT OF INTEREST - The firm represents, warrants, and covenants that no relationship exists or will exist during the Agreement period between the firm and the City that is a conflict of interest. No employee, officer, or agent of the firm shall participate in the selection or in the award if a conflict of interest, real or apparent, exists. The provisions of Iowa Code Chapter. 68B shall apply to the Agreement. If a conflict of interest is proven to the City, the City may terminate the Agreement, and the firm shall be liable for any excess costs to the City as a result of the conflict of interest. The firm shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. The firm shall report any potential, real, or apparent conflict of interest to the City. CONTRACT DOCUMENTS — The Contract Documents are the Agreement, the Request for Proposals, the firm's proposals, and additional documents, if any. In the event of a dispute with respect to any term or condition in the Contract Documents, they shall be interpreted in the following order: this Agreement, the Request for Proposals, the firm's proposals, and additional documents, if any. 26 Page 171 of 740 DISPUTES - Should any dispute arise with respect to the Agreement, the parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. The firm agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all its responsibilities under the Agreement that are not affected by the dispute and the City shall continue to make payment for all services properly performed as outlined in the Agreement. Should the firm fail to continue to perform its responsibilities regarding all non -disputed work, without delay, any additional costs incurred by the City or the firm as a result of such failure to proceed shall be borne by the firm. The unintentionally delayed payment by the City to the firm of any invoices not in dispute in accordance with the terms of the Agreement will not be cause for firm to stop or delay performing the services required in the Agreement. FORCE MAJEURE - Force majeure shall be any of the following events: acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class or kind specifically named or referred to herein, not within the reasonable control of the party affected. A delay in or failure of performance of either party shall not constitute a default hereunder nor be the basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is caused by force majeure. The party who is prevented from performing by force majeure shall be obligated, within a period not to exceed fourteen (14) days after the occurrence or detection of any such event, to give notice to the other party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay and shall remedy such cause as soon as reasonably possible, or as mutually agreed between the parties. INDEMNIFICATION - To the fullest extent permitted by law, the firm shall indemnify and hold harmless the City, its officials, employees, agents, and volunteers from and against all claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Agreement, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by any act or omission of the firm, or anyone directly or indirectly employed by the firm or anyone for whose acts the firm may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. LAWS AND REGULATIONS - The Agreement shall be governed, interpreted, and enforced in accordance with all applicable federal, State of Iowa, and local laws, ordinances, licenses, and regulations. The firm certifies that in performing the Agreement it will comply with all applicable provisions of the federal, state, and local laws, ordinances, licenses, and regulations. Venue for any action arising out of this Agreement shall be the Iowa District Court for Dubuque County, Iowa, or the Federal District Court for the Northern District of Iowa, Eastern Division. METHOD OF AWARDING - The City reserves the right to make awards based on the entire proposal or on an item -by -item basis. However, if firm's proposal is based on an "all or none" condition, the City may consider its bid non -responsive and reject the entire proposal. NO GIFT STANDARD - The City of Dubuque is committed to upholding the highest ethical standards in all its business practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees. Therefore, all suppliers have been asked to abide by the City's "No Gift" standard. The "No Gift" standard also applies to all offers of discounts 27 Page 172 of 740 or free items at any place of business targeted toward a City employee and not available to the general public, regardless of the value. NON -COLLUSION STATEMENT - Neither the firm, nor anyone in the employment of the firm, has employed any person to solicit or procure the Agreement nor will the firm make any payment or agreement for payment of any compensation in connection with the Agreement. There is no contract, agreement, or arrangement, either oral or written, expressed or implied, contemplating any division of compensation for services rendered under the Agreement or participation therein, directly or indirectly, by any other person, firm or corporation, except as documented in the Agreement. Neither the firm, nor anyone in the employment of the firm, has either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive procurement in connection with the Agreement. NON-DISCRIMINATION AND EQUAL OPPORTUNITY - All firms that engage in contracts with the City of Dubuque, Iowa agree as follows: The firm will not discriminate against any employee or applicant for employment because of race, sex, color, creed, ancestry, national origin, marital status, familial status, religion, age, disability, sexual orientation, gender identity, genetic information, status with regard to public assistance, status as a veteran, or any classification protected by federal, state, or local law (the "Protected Classes") except where age and sex are essential, bona fide occupational requirements, or where disability is a bona fide occupational disqualification. Such action shall include but not be limited to the following: (a) employment, (b) upgrading, (c) demotion or transfer, (d) recruitment or advertising, (e) layoff or termination, (f) rate of pay or other forms of compensation, and (g) selection for training, including apprenticeship. The firm further assures that managers and employees comply with both the spirit and intent of federal, state, and local legislation, government regulation, and executive orders in providing affirmative action as well as equal opportunity regarding to the Protected Classes, as stated above. The firm will include, or incorporate by reference, the provisions of the nondiscrimination clause in every contract or subcontract unless exempt by the rules, regulations, or orders of the City and will provide in every contract or subcontract that said provision will be binding upon each subcontractor. During the performance of an agreement all firms, assignees, and successors in interest shall comply with the following non-discrimination statutes and authorities; including but not limited to: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21 b. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects) c. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex) d. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27 e. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits discrimination on the basis of age) f. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex) g. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the Page 173 of 740 terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not) h. Titles II and III of the Americans with Disabilities Act, and all applicable amendments thereto, and all applicable federal regulations under the Act which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The selected firm shall ensure that its websites and all online services, including those websites or online services provided by third parties upon which the firm relies to provide services or content, comply with, at minimum, Web Content Accessibility Guidelines — WCAG 2.1 AA. i. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex) j. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, winch ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations k. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100) I. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq) REGULATORY AGENCY COMPLIANCE - Compliance with laws and regulations set forth by regulatory agencies is required. These agencies include but are not limited to, OSHA — Occupational Safety & Health Agency, EPA — Environmental Protection Agency, ICC — Interstate Commerce Commission, DNR — Department of Natural Resources, and DOT — Department of Transportation. The City of Dubuque expects that firms will offer expertise on conformance to regulations applying to the products they sell and the services they perform. RIGHT TO PROTEST - Anyone wishing to file a protest concerning (1) the specifications, (2) the RFP procedure or (3) the award of the Agreement must do so in writing in accordance with the City's Protest by Bidders which is found in the City's Purchasing Policy. SUSPENSIONS AND DEBARMENT - The firm hereby certifies, pursuant to 2 CFR pt. 180 and 2 CFR pt. 3000, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the firm by any federal agency. The firm further certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contracts with the City of Dubuque or the State of Iowa. The firm shall ensure that all subcontractors utilized by the firm for any service or product referenced in the Agreement meet the provisions of this paragraph. TAXES - The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. WARRANTIES - WORK - The firm shall perform services for the City pertaining to the operations management services as set forth in the Agreement. Wee Page 174 of 740 The firm shall be responsible for the quality, technical accuracy, completeness, and coordination of all services performed under the Agreement. The firm shall, promptly and without charge, provide all corrective services necessary as a result of the firm's acts, errors, or omissions with respect to the quality and accuracy of the services. The firm shall be responsible for any and all damages to property or persons as a result of the firm's acts, errors, or omissions. The firm's obligations under the Agreement shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the firm. WARRANTIES - INTELLECTUAL PROPERTY - The firm represents and warrants that all the materials and services produced or provided to the City pursuant to the terms of the Agreement shall be wholly original with the firm or that the firm has secured all applicable interests, rights, licenses, permits, or other intellectual property rights in such materials and services. The firm represents and warrants that the materials and services, and the City's use of same, and the exercise by the City of the rights granted by the Agreement, shall not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation. The firm further represents and warrants that the materials and services do not infringe upon the copyright, trademark, trade name, trade dress patent, statutory, common law, or any other rights of any person, firm, corporation, or other entity. The firm represents and warrants that it is the owner of or otherwise has the right to use and distribute the products and services contemplated by the Agreement. 30 Page 175 of 740 Appendix E SPECIFIC INFORMATION RELATED TO FIVE FLAGS Five Flags Civic Center Capital Budget Information Capital projects carried over from the last FY into FY 25 include the following: Five Flags Building Improvements - Other Professional Services 1 600.000 FF Theater Fire Escape -Services Other Departments $ 7.200 FF Theater Fire Escape -building $ 120.000 FF Theater Plaster renovation -prof services $ 12.000 FF Theater Plaster renovation -building $ 200.000 FF Arena Roof -Consultant $ 2.095 FF Arena Roof -building $ 269.509 FF Arena Light Fixtures -building $ 169.114 FF Arena Chairs- Building $ 48,409 FF Pipe Drape Barricades -other cap $ 11.851 FF Bijou Tile -buildings $ 50,000 FF Arena roof AC Unit Repkbuildings $ 114.539 FF Arena roof AC Unit Repkother cap $ 45,011 FF Theater Carpet $ 70,000 FF Accesiblity Modification $ 11.586 Please note some of this capital project money is being used for building envelope repairs to the Five Flags Theater. The current FY 25-29 fiscal year includes the following capital improvements. For further details navigate to pages 117-118 of the pdf. https://www.citvofdubugue.org/DocumentCenter/View/56881 /Adopted-FY25-CI P City of Dubuque Recommended Capital Improvement Summary FY 2025 - FY 2029 PROGRAMI PROJECT DESCRIPTION SOURCE OF FUNDS DEPT FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 TOTAL PAGE CIVIC CENTER DIVISION Culture and Recreation Five Flags Building Improvements GDTIF G.O. Debt, Greater Downtown TIF S — $ 2.800.000 $ 3.094,678 $ 8,587,322 $8,972.000 $ 23,454.000 37 Boiler Replacement Greater Downtown TIF S — $ — $ — $ — $ 410.000 $ 410.000 38 The City is in the process of the FY26 budget that will not be adopted until April of 2025. Other Useful Links - Five Flags Website - Five Flags History - Five Flags History (Encyclopedia Dubuque) - Five Flags Seating Charts - Five Flags Current Rate Card July 1, 2024 - June 30, 2025 - Five Flaas Center Technical Information 31 Page 176 of 740 - City of Dubuque FY25 budget info for Five Flags (FY25 Policy book 7) The current FY 25 budget policy book for Five Flags is located in the above link on pages 5-19. This file includes equipment replacement, description of categories of expenditures, and past performance. - Current Five Flags Management Agreement & Amendments - Five Flaas Financial Statements Five Flags Facility Layout (Interior) d m N N 7 U O J LOwerLLVLI 5th Street 4th Street MA Page 177 of 740 Five Flags Facility Layout (Exterior) .A A I ;R� WOW, 7 Ei W 4TH ST .a.&. * a l� 33 Page 178 of 740 Appendix F INSURANCE REQUIREMENTS INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. 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 the certificate was issued. Eg: Five Flags Mgmt Services 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 Leisure Services Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Contractor 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. 10. All certificates of insurance must include agents name, phone number, and email address. 11. 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. 12. 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 agreement, subject to mutual agreement of the parties. 34 Page 179 of 740 INSURANCE SCHEDULE J (continued) Exhibit I 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 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 endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) 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. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) 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 13th Street Dubuque, Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit $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. C) 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. 35 Page 180 of 740 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. D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 X Yes _ No Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. 36 Page 181 of 740 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 is 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 37 Page 182 of 740