Four Mounds Foundation_First Amendment to Agreement Copyrighted
May 15, 2017
City of Dubuque Consent Items # 10.
ITEM TITLE: Four Mounds Foundation- First Amendment to Agreement
SUMMARY: City Manager recommending approval of a First
Amendment to the Agreement between the City of
Dubuque and Four Mounds Foundation that changes the
dates for completion.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Four Mounds Foundation 1st Amendment to City Manager Memo
Agreement-MVM Memo
First Amendment to Agreement Memo Staff Memo
Amendment Supporting Documentation
Letter from Four Mounds Supporting Documentation
Memo Authorizing Original Agreement Staff Memo
Original Agreement Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: First Amendment to Agreement between the City of Dubuque and Four
Mounds Foundation
DATE: May 9, 2017
Leisure Services Manager Marie Ware is recommending City Council approval of a First
Amendment to the Agreement between the City of Dubuque and Four Mounds
Foundation that changes the dates for completion. They request to present to the park
and Recreation Commission at their July 11, 2017 meeting and to the City Council no
later than the July 17, 2017 meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
THE CITY ODubuque
U Bi
E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: First Amendment to Agreement Between the City of Dubuque and
Four Mounds Foundation
DATE: May 4, 2017
INTRODUCTION
The purpose of this memorandum is to request authorization of a First Amendment to
the Agreement between the City of Dubuque and Four Mounds Foundation.
BACKGROUND
The City in August of 2016 approved the agreement. The agreement outlined a scope
of services that would help to build capacity for Four Mounds through development of
short and long term strategic planning for the entire facility.
The Four Mounds staff and board have been working diligently on the scope of services
outlined in the agreement. The attached letter from Four Mounds outlines their
progress and request to change the dates for completion that are a part of the current
agreement. They request to present to the Park and Recreation Commission at their
July 11, 2017 meeting and to the City Council no later than the July 17, 2017 meeting.
With the progress shown in their letters these new dates are appropriate for the work
still to be completed.
RECOMMENDATION
I respectfully request City Council approval of the First Amendment to the Agreement
between the City of Dubuque and Four Mounds Foundation.
MLW:et
attachments: First Amendment
Agreement and Staff Memo
Four Mounds letter
1
FIRST AMENDMENT
TO
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE
AND
FOUR MOUNDS FOUNDATION
This First Amendment to Agreement Between the City of Dubuque (City) and Four
Mpunds Foundation (the Foundation), is dated for reference purposes the it of
/1/464 , 2017.
1
Whereas, City and the Foundation entered into an Agreement dated the 29th day
of July, 2016; and
Whereas, City and the Foundation now desire to amend the Agreement as set forth
here.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. Section 5 of the Agreement is amended to read as follows:
SECTION 5. TIME OF PERFORMANCE. The Term of this Agreement is from
July 1, 2016 to July 31, 2017.'AII products and services from the Foundation must
be delivered to City in a timely manner consistent with mutually established
schedules and quality of professional practice. The completed Scope of Services
must be presented to the Parks and Recreation Commission on or before its July
2017 meeting and to the City Council on or before its July 17, 2017 meeting.
2. All other terms and conditions of the Agreement shall remain in full force
and effect.
CITY OF DUBUQUE, IOWA
Michael 6. Van Milligen
City Manager
FOUR MOUNDS FOUNDATION
fes/ s77 do s
Its L(-77 cry_ 7) ac -_
F:\Users\tsteckle\Lindahl\Agreements\FourMoundsAgreem ent_FirstAmendment_050517.docx
�F�o uNMOUNDS
iA
Officers May 5, 2017
JohnGronen Marie Ware, Leisure Services Manager
President City of Dubuque
MmyMulgrewGronen 2200 Bunker Hill Rd.
Vice Chair Dubuque, IA 52001
Renee Hesselman
Treasurer
Dear Marie,
Trustees Thank you to the City of Dubuque for their support in our strategic sustainability planning
process over the past year. We wanted to update you on the progress for our scope of
Elizabeth Adams services outlined in the attached agreement.
Ben Bartels
KarlaBraig •Organizational review—Board has completed review of organizational budget for each
Scott Dittmer program/sphere of service at Four Mounds and set priorities based on financial
sustainability.
James Gronen .Board structuring review and board capacity building and training— Board has
David Resnick welcomed a new member and has prioritized building active committees and an
City Council Appointee annual training session and recruitment strategy.
•Program needs assessment and evaluation —Review of budget of each program and
alignment with Four Mounds mission has prioritized programming including scaling
back certain programs and building capacity for an additional staff person.
Staff •Plan for promotion of Four Mounds as a public open space— New website and case
statement piece are in process.
Christine Happ Olson .Creation and implementation plan for a membership program —membership
Executive Director
materials in process and program to be launched late summer 2017.
Ruth Berning •Capital needs review for Four Mounds assets and prioritization which includes but is
Adventure Camp Director
not limited to accessibility and sustainability—Comprehensive review of site by
Kevin Botsford Four Mounds is complete and the organization will raise funds to complete
Office/Bookkeeper professional site assessment with costs in 2018 with a capital campaign to launch in
Paula Connors(Volunteer) 2019.
Winter Farmers' Market .Development plan that builds a strong long term future for Four Mounds—
Marie FitzGerald Development plan with recommendations, priorities,and timeline in process to be
Inn Manager reviewed by Board of Directors May 31 with approved goals.
Ron Fritz •Board approved goals related to above deliverables with time frames and assignments
HEART Manager/Job Coach
—See above.
Jay Potter
Conservation Manager Additionally, this serves as a request to extend the date for delivery of the completed scope
of services, with a plan to present to the Parks & Recreation Commission on July, 11, 2017
and the City Council on July 17, 2017.
Please let me know if this will be acceptable, and if so, please add us to the agendas for those
respective meetings.Thankyou once again foryour partnership and support. Shouldyouhave any
questions, please don't hesitate to contact me at chrisgfoutmounds.org or 563-543-3557.
Thank you,
ui Hap son
Executive Director
THE CITY ODubuque II-A
U Bi
E
;111 I.mericaCi i
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Agreement Between City and Four Mounds Foundation for Development
of Short and Long Term Strategic Planning
DATE: August 5, 2016
INTRODUCTION
The purpose of this memorandum is to request authorization of an agreement between
the City and Four Mounds Foundation for development of short and long term strategic
planning.
DISCUSSION
The City Council adopted Four Mounds as a priority during the FY14 goal setting. As a
part of the FY15 budget the City Council approved $5,000 to help build capacity for Four
Mounds through development of short and long term strategic planning for the entire
facility.
The attached agreement was developed which includes the scope and timeline for
planning.
RECOMMENDATION
I respectfully recommend authorization of the agreement.
MLW:et
attachment - Agreement
copy Chris Olson, Executive Director
1
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE
AND
FOUR MOUNDS FOUNDATION
This AGREEMENT is made on and entered into this L-`l day of July, 2016 by
and between the City of Dubuque (City) and Four Mounds Foundation, an Iowa not-for-
profit corporation (the Foundation).
Whereas, City owns Four Mounds Park which is leased to and operated by the
Foundation;
Whereas, City desires to engage the services of the Foundation to help build
capacity for the Foundation through development of short and long term strategic
planning: and
Whereas, the Foundation will engage a subcontractor to provide services
outlined in the Scope of Services.
NOW THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1. SCOPE OF SERVICES. The Foundation agrees to commence work
upon execution of this AGREEMENT, and to fully perform those services in Attachment
A, Scope of Services, a copy- of which is attached hereto and incorporated in this
AGREEMENT.
SECTION 2. CHANGES. City may, from time to time, require or request changes in
the scope or schedule of the Foundation's services to be performed hereunder. Such
changes, including any appropriate increase or decrease in the amount of
compensation, which are mutually agreed on by and between City and Foundation, will
not be effective until incorporated in written amendments to this AGREEMENT, signed
by each of the parties
SECTION 3. COMPENSATION. The Foundation will be compensated for all basic
services, including direct expenses, as identified the attached Scope of Services. The
compensation will not exceed $5,000. This includes all services outlined in the Scope of
Services including work by subconsultants, as well as normal reimbursable expenses
(travel and any delivery costs).
SECTION 4. METHOD OF PAYMENT. Payment will be made upon completion of the
Scope of Services and report to the City as provided in Section 5.
SECTION 5. TIME OF PERFORMANCE. All products and services from the
Foundation must be delivered to City in a timely manner consistent with mutually
070516bal
established schedules and quality of professional practice. This AGREEMENT is valid
for a period of nine months. The completed Scope of Services shall be presented to the
Parks and Recreation Commission on or before their February 2017 meeting and the
City Council no later than their last meeting in March of 2017.
SECTION 6. EXCUSABLE DELAYS. The Foundation will not be in default by reason
of any failure in performance of this AGREEMENT in accordance with its terms if such
failure arises out of causes beyond the control and without the fault or negligence of the
Foundation. Such causes may include, but are not limited to, acts of God, or of the
public enemy, acts of the government in either its sovereign or contractual capacity,
fires, floods, epidemics, quarantine restrictions, strikes, illness, accidents, freight
embargoes, and unusually severe weather, but in every case the failure to perform must
be beyond the control, and without the fault or negligence of the Foundation.
SECTION 7. TERMINATION. City, with or without cause, has the right to terminate
the AGREEMENT by written notice delivered to the Foundation at least fifteen (15) days
prior to the specified effective date of such termination. In such event, all finished and
unfinished documents prepared by the Foundation under the AGREEMENT will become
the property of City upon payment for all work completed to the satisfaction of City.
SECTION 8. PERSONNEL. All of the services will be performed by the Foundation or
authorized subcontractors. The Foundation represents that it has, or will secure at its
own expense, all fully qualified personnel required to carry out and perform the Scope of
Services of the AGREEMENT.
SECTION 9. HOLD HARMLESS. The Foundation will hold City harmless, protect
and defend City against any claims brought by third parties for the Foundation's
negligence in connection with the performance of this Agreement.
SECTION 10. INSURANCE. The Foundation and its subcontractor must obtain and
provide at all times during the performance of this AGREEMENT insurance as set forth
in the attached Insurance Schedule.
CITY OF DUBUQUE, IOWA FOUR MOUNDS FOUNDATION
nAirhael r Van Milligen
Asst . City Manager Cindy M. Steinhause4tS
2
ATTACHMENT A
SCOPE OF SERVICES
• Organizational review
• Board structuring review and board capacity building and training
• Program needs assessment and evaluation
• Plan for promotion of Four Mound as public open space
• Creation and implementation plan for membership or Friends type program
• Capital needs review for Four Mounds assets and prioritization which includes but is
not limited to accessibility and sustainability
• Development plan that builds a strong long term future of Four Mounds
• Board approved goals related to above deliverables with time frames and assignments
3
City of Dubuque Insurance Requirements for Professional Services
Insurance Schedule C
1. 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 6D days_ Providers 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 lova Department of Insurance or an equivalent. Each certificate shall include a
statement under Desorption of operations as to why issued.Eg: Project# or Project Location at
or construction of
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and
all carriers 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 contracting department of the Citv of Dubuque_
4. Failure to provide minimum coverage 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. Consultants shall require all subconsultants and sub-subconsuitants 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 subcansurtants and sub-subconsultants.Consultants agree that it
shall be liabre for the failure of a subconsultants and sub-subconsultants to obtain and maintain such
coverages.The City may request a copy of such certificates from the Consultants.
6. All required endorsements to various poricies shall be attached to Certificate of insurance.
7. Whenever a specific ISO form is listed,an equivalent form may be substituted subject to the provider
identifying and listing in writing all deviations and exclusions that differ from the ISO form.
S. Provider shall be required to carry the minimum coverage/limits,or greater if required by law or other
+egal agreement,in Exhibit I. If provider's limits of liability are higher than the required minimum omits
Then the provider's limits shall be this agreement's required limits.
9. Whenever an ISO form is referenced the current edition of the form must be used.
Page 1 of 3 Schedule C Professional Services May 2016
4
City of Dubuque Insurance Requirements for Professional Services
Insurance Schedule C (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit S2,000,000 i
Products-Completed Operations Aggregate Limit 51,000,000
Personal and Advertising Injury Limit 51,000,000
Each Occurrence 51,D00,000
Fire Damage Limit(any one occurrence) $ 50,000
Medical Payments S 5,000
a) Coverage shall be written on an occurrence,not claims made,form. The general liability
coverage shall be written in accord with ISO form C00001 or business owners form BP0002.
All deviations from the standard ISO commercial general liability form CG 0001,or Business
owners form BP 0002,shall be clearly identified.
b) Include ISO endorsement form CG 25 D4"Designated Location(s)General Aggregate Limit"
or CG 25 03"Designated Construction Project(s)General Aggregate Limit'as appropriate.
c) Include endorsement indicating that coverage is primary and non-contributory-
d) Include endorsement to preserve Governmental Immunity.(Sample attached).
e) Include an endorsement that deletes any fellow employee exclusion.
f) 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 2026.
8) AUTOMOBILE LIABILITY $1,000,000(Combined Single Limit)
i
C) WORKERS'COMPENSATION&EMPLOYERS LIABILITY
Statutory benefits covering a3I employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter 85 as amended_
Coverage A Statutory—State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease 5100,000
Policy Limit-Disease 5500,000
Policy sha'.l include an endorsement providing a waiver of subrogation to the City of Dubuque.
Coverage B limits shall be greater if required by Umbrella Carrier.
D) UNIBRELLA LIABILITY $1,000,1000
Umbrella liability coverage must be at least following form with the underlying policies included
herein_
E) PROFESSIONAL LIABILITY $1,000,000
e) Provide evidence of coverage for 5 years after completion of project.
F) CYBER LIABILITY $1,000,000
Coverage for First and Third Party liability including but not limited to lost data and
restoration,loss of income and cyber breach of information.
Yes No
Pa.==2 of 3 Schedu-e C Professionai Services May 2016
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City of Dubuque Insurance Requirements for Professional Services
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity.The insurance carrier 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 insurance carver 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 insurance carrier.
4_ Non-Denial of Coverage_The insurance carrier shall not deny coverage under this policy and the
insurance carrier 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 Cather Change in Policy.The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
Page 3 of 3 Scheduie C Professional Services May 2016
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