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Re-Imagine Comiskey Park - Wellmark Foundation 2020 Grant AwardCopyrighted June 1, 2020 City of Dubuque Consent Items # 3. ITEM TITLE: Re -Imagine Comiskey Park - Wellmark Foundation 2020 Grant Award SUMMARY: City Manager recommending acknowledgement of the Re - I magine Comiskey Wellmark Foundation 2020 Large MATCH grant award for the splash pad and basketball courts and further recommends approval of the execution of the grant agreement. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Re -Imagine Comiskey Wellmark Foundation 2020 Large MATCH Grant-MVM Memo Staff memo Comiskey Wellmark Foundation Grant Agreement Type City Manager Memo Staff Memo Supporting Documentation Masterpiece on the Mississippi Dubuque All-A.aia City 111111 2007.2012.2013 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Re -Imagine Comiskey Wellmark Foundation 2020 Large MATCH Grant Award and Grant Agreement Approval DATE: May 26, 2020 Leisure Services Manager Marie Ware recommends City Council acknowledgement of the award of a $100,000 Re -Imagine Comiskey Wellmark Foundation 2020 Large MATCH Grant for the splash pad and basketball courts and further recommends approval of the execution of the grant agreement. The grant has a dollar for dollar match and the current City capital project funding for the Comiskey Park Project will be used for the match. 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 Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager Masterpiece on the Mississippi Dubuque Millaeriu ab NSTLYGL�IC IFlfY14 2007.2012 2013.2017 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Re -Imagine Comiskey Wellmark Foundation 2020 Large MATCH Grant Award and Grant Agreement Approval DATE: May 15, 2020 INTRODUCTION The purpose of this memorandum is to acknowledge the award of a Re -Imagine Comiskey Wellmark Foundation 2020 Large MATCH Grant for the splash pad and basketball courts and request approval of the grant agreement. BACKGROUND The 3.74-acre Comiskey Park serves as the only convenient outdoor space for Dubuque's low-income Washington and North End Neighborhoods. The current Comiskey Park has a playground (circa 1994) with some older pieces, tennis court (circa 2005), softball diamond with skinned infield, 18-stall parking lot, small skate park (circa 2005), basketball court (2005), community center (2002) and open space used for soccer, rugby and community events. Existing amenities are overused and do not meet current recreation demands. The City of Dubuque purchased an adjacent 1.95-acre parcel for the Bee Branch project which expanded Comiskey Park after the project completion. Expansion efforts will increase recreation access, enhance quality of life and improve health outcomes for Dubuque's disadvantaged households. The City of Dubuque was awarded a $508,000 Land and Water Conservation Fund (LWCF) Outdoor Recreation Legacy Partnership (ORLP) Program grant to expand outdoor recreational opportunities in the park. The National Park Service grant is managed through the Iowa Department of Natural Resources. The city has budgeted a match of the grant of $693,277 in six capital improvement projects. The total project was estimated to be $1,201,277 at the time of that grant. Saiki Design was selected to assist with the community engagement process. The process was branded Re -Imagine Comiskey. Saiki Design along with the assistance of the Leisure Services, Engineering, Human Rights, Planning, and Neighborhood Development Departments created a community engagement plan. This engaged residents and community partners into a process to Re -Imagine Comiskey. That process is nearing completion with preliminary designs that gaining further input from the residents and community partners. The consultants and city team are now reviewing the project budgets and semi-final conceptual designs. DISCUSSION The community engagement process to Re -Imagine Comiskey had some very clear priorities coming from residents and partners. They desired a splash pad, more opportunities for basketball and a new playground. The opportunity and deadline of the grant was prior to completing full community engagement however these two amenities started and have remained as priorities. In a future memo when the report and plan is final and ready for adoption all the input and processes will be summarized in more detail. The project priorities aligned with Wellmark Foundation's grant priorities which include safe environments in which to be physically active. The grant has a dollar for dollar match and the project needs to be completed by December 31, 2022. The current city capital project funding for the Comiskey Park project will be used for the match. The public input had the top two features of the Re -Imagined Comiskey as basketball and splash pad at the time of the grant application. A grant request of $100,000 for these two amenities was for a Wellmark grant project total of $369,200. This is just one portion of the larger Comiskey Park improvement. The grant will be added to the total project budget. The City Leisure Services Department received word on Tuesday, May 12 that they had been awarded the $100,000 Wellmark Large Match Grant. Wellmark Foundation Manager Gina Rooney stated, "I am so excited to see the park transform — and make a trip to Dubuque." The grant agreement is attached. RECOMMENDATION I respectfully request approval for the execution of the Re -Imagine Comiskey Wellmark Large March grant agreement. cc: Jenny Larson, Budget Director Stephen Fehsal, Parks Division Manager Attachment: Grant Agreement 2 DocuSign Envelope ID: B4907A35-C459-47EF-B889-F7B48AECE60F The Wellmark Foundation Grant Agreement This Wellmark Foundation Grant Agreement ("Agreement") is made by and between The Wellmark Foundation ("Foundation"), an Iowa nonprofit corporation, and the GRANTEE identified on the signature page (hereinafter, "Grantee"). RECITALS: A. Foundation qualifies as a private foundation under the Internal Revenue Code of 1986 as amended ("Code"). B. The purpose of this Agreement is to set forth the terms and conditions under which the Foundation has awarded a grant to Grantee. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Article I Scope This Agreement applies to the project submitted by Grantee as a grant application entitled "Re -Imagine Comiskey: Splash Pad and Basketball Courts," as more fully described in Grantee's written proposal (Grant ID 2020-01-069) to the Foundation incorporated by this reference as a part of this Agreement ("Grant Project"). This Agreement does not apply to any other project or program of Grantee or the Foundation. Article II Grant Award The Foundation agrees to award Grantee the total of $100,000.00 for the Grant Project to be paid in one (1) payment over the Grant Period defined in Article III at the discretion of the Foundation ($100,000.00 overall award; $100,000.00 full grant payment to be made on or about September 18, 2020). The payment shall be made subsequent to the announcement of the Grant Project award and full execution of this Agreement. All payments hereunder are subject to the terms and conditions of this Agreement and shall be used only for purposes specified in the Grant Project. Grant Project funds shall not be used to reimburse expenses incurred prior to the Foundation's date of acceptance of this Agreement. Any funds that are not used by the end of the next calendar year following the end of the Grant Period shall be transferred back to the Foundation. The process and procedure for the transfer of unexpended funds will be done in accordance with instructions by the Foundation. An unfunded extension of the Grant Period may be granted in writing at the sole discretion of the Foundation. Article III Grantee Responsibilities and Representations Grantee shall perform all services and activities as described in the grant application submitted to the Foundation. Grantee also shall comply with such procedures as the Foundation has established, from time to time, as requirements for the Grant Project award and as set forth in its notification of the award and/or posted on the Foundation website (www.wellmark.com/foundation), incorporated herein by reference and made a part of this Agreement. The "Grant Period" will be September 18, 2020 through December 31, 2022. Grantee agrees to submit written progress and budget reports to the Foundation every six months during the Grant Period (initial report due June 1, 2021) and a final report upon completion. Grantee agrees to include video or photographs as may be appropriate with the progress reports and agrees to submit other reports that the Foundation may reasonably request. Grantee agrees to permit the Foundation to visit the Grant Project and videotape or photograph the Grant Project. Wellmark rev. 07062017 DocuSign Envelope ID: B4907A35-C459-47EF-B889-F7B48AECE6OF In carrying out the Grant Project, Grantee shall comply with all applicable laws, regulations, and rules and will not infringe, misappropriate, or violate the intellectual property rights of any third party. At all times during the Grant Period, Grantee shall maintain its tax-exempt status under (and conduct its activities in accordance with) Section 501(c)(3) of the Code unless Grantee is a government entity. Article IV Changes in Grant Project Any changes in the Grant Project (including, without limitation, any changes in the services or activities described in the proposal materials or work plan) require the prior written approval of the Foundation. Failure to obtain prior approval may result in the suspension of the award payments or termination of this Agreement in accordance with Article Xl. Article V Changes in Key Personnel Grantee shall provide notice to the Foundation within ten (10) days of any changes in the key personnel performing services for the Grant Project. Such written notice shall include the individual's successor, title and resume. Article VI Records; Right to Examination and Audit Grantee shall maintain adequate accounting records and other records related to the Grant Project. Grantee will permit the Foundation on -site visits and access to examine and audit all records and documents reasonably related to Grantee's obligations under this Agreement. Grantee agrees to ensure the cooperation of its employees, officers, directors and agents in such examination and audit. The Foundation will provide notice to Grantee prior to the performance of an examination and audit and arrange a mutually acceptable time for it. Article VII Assignment This Agreement shall not be assigned by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld. Any assignment not in accordance with this Article VII shall be null and void. Article VIII Publication by Foundation and Grantee; Rights to Data The Foundation may include information about the Grant Project, including any videos or photographs, in its periodic public reports and may make such information available on the Wellmark.com/foundation website as part of press releases, public reports, presentations, newsletters, tax returns, and other public disclosures. Grantee may publish the results of the Grant Project subject to the Foundation's prior review and comment. Any materials used by Grantee for the purpose of publicity pursuant to this Agreement shall display the Foundation's designated and approved logo in a manner acceptable to and approved by the Foundation. In the event activities supported by this Agreement produce original computer programs, writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature (the term computer programs includes executable computer programs and supporting data in any form) (collectively, the "Materials"), the Foundation reserves the right to use, duplicate and disclose, in whole or in part, the Materials in any manner for any purpose whatsoever. Without limiting the foregoing, Grantee hereby grants to the Foundation a non-exclusive, transferable, perpetual, irrevocable, royalty -free, paid -up, worldwide license to use or publish the Materials in any manner for any purpose whatsoever. 2 DocuSign Envelope ID: B4907A35-C459-47EF-B889-F7B48AECE6OF Article IX Release of Information Grantee agrees to provide to the Foundation, upon request, all written program records including, but not limited to, non -identifiable physician and client records, statistical information, board, administrative and financial records, including budget, accounting activities, financial statements and audits reasonably related to the Grant Project. Article X Remedies for Breach In the event Grantee violates or breaches the terms of this Agreement, the Foundation reserves all contractual and legal remedies that are available. Upon notice, the Foundation may suspend this Agreement, in whole or in part, and withhold payment of funds or recoup awarded funds when the Grantee has failed to comply with the terms of this Agreement until a corrective action plan has been submitted and approved by the Foundation. Reasons for suspension of this Agreement may include, but are not limited to, the following: a. Delinquency in submitting required reports by established due dates. b. Failure to show satisfactory progress in achieving the objectives of the Grant Project or failure to meet the terms and conditions of this Agreement. c. Failure to provide adequate management of the Grant Project funds. d. Failure to obtain matching funding in the amount and time required in the award notification when such funding was a condition of the grant award. A suspension shall be in effect until the Grantee has taken corrective action or given evidence satisfactory to the Foundation that corrective action will be taken or until this Agreement is terminated. Costs incurred by the Grantee during the suspension period shall not be allowed under this Agreement unless expressly authorized in the notice of suspension. Necessary costs that the Grantee could not reasonably avoid during the suspension shall be allowed only if the Grantee had a prior obligation for these expenses. Article XI Term and Termination This Agreement shall commence upon the date of acceptance by the Foundation and shall terminate at the conclusion of the Grant Period. This Agreement may be terminated immediately upon notice (1) if circumstances beyond the control of the Foundation or the Grantee make continuation of this Agreement impossible, or (2) in the event of the Grantee's noncompliance with any term or condition, related rules, regulations or requests or the Grantee has proven unable to fulfill the work and services described in this Agreement. In the event of such termination, the Grantee shall be reimbursed by the Foundation only for those costs allowable under the award for the Grant Project that are incurred prior to the termination date. Any unexpended funds shall be immediately returned to the Foundation unless otherwise agreed by the Foundation. Article XII Notices Any notice required to be given under this Agreement shall be in writing and deemed delivered when personally delivered, sent by a commercial overnight courier, sent by certified mail, return receipt requested, or 3 DocuSign Envelope ID: B4907A35-C459-47EF-B889-F7B48AECE6OF transmitted by electronic means, to the address set forth on the signature page to this Agreement and the Grant Project. Article XIII Nonwaiver and Invalidity Failure of either party to exercise any of such party's rights under this Agreement will not constitute a waiver of such rights in the future. In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid and enforceable. Article XIV Section Headings and Interpretation The Section headings used in this Agreement have been inserted for convenience of reference only and shall not in any manner modify or restrict any of its terms or provisions. This Agreement shall not be construed more strongly against any party regardless of who was more responsible for its preparation. Article XV Entire Agreement and Amendments This Agreements and all attachments hereto constitute the entire Agreement between the parties with respect to the subject matter hereof and any prior agreements, understandings, representations and warranties, whether written or oral in regard to the subject matter hereof, are hereby superseded. No amendment, change or modification of any of the terms, provisions or conditions of this Agreement shall be effective unless such amendment is clearly identified as an amendment to this Agreement, made in writing and signed by authorized personnel of both parties. Article XVI Governing Law This Agreement shall be construed and enforced in accordance with the laws of the State of Iowa without regard to conflict of laws principles. Article XVII Limitation of Action No action, regardless of form, may be brought by either party on any claim arising out of this Agreement more than two years after the claim arose. Article XVIII Indemnification The Grantee shall indemnify and hold Foundation harmless from and against any and all liabilities, losses, damages, costs or expenses, including, but not limited to, reasonable attorneys' fees and legal expenses, incurred by Foundation as a result of a breach of this Agreement by the Grantee or any tortious, unlawful or unauthorized acts or omissions by the Grantee, Article XIX Consent to Jurisdiction Each of the parties hereby irrevocably submits to the exclusive jurisdiction of any United States District Court or Iowa District Court sitting in Des Moines, Iowa in any action or proceeding arising out of or relating to this Agreement, and each party hereby irrevocably agrees that all claims in respect of such action or proceeding shall be heard and determined in either of such courts. Each of the parties irrevocably waives any objection, including without limitation, any objection on the grounds of forum nonconveniens, which it may now or 4 DocuSign Envelope ID: B4907A35-C459-47EF-B889-F7B48AECE6OF hereafter have to the bringing of any such action or proceedings in such respective jurisdictions. In addition, the parties agree that neither of them shall commence any action arising out of or relating to this Agreement in any court other than the United States District Court or the Iowa District Court sitting in Des Moines, Iowa. Article XX Waiver of Jury Trial EACH OF THE PARTIES IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE EXECUTED IN DUPLICATE COUNTERPARTS, EACH BEING DEEMED AN ORIGINAL, AS OF THE DATE of execution set forth below. Legal Name of Grantee City of Dubuque IRS Tax Identification Number 42-6004596 Mailing Address Email Address Signature Printed Name and Title Date Signed Name of Grantor The Wellmark Foundation Mailing Address 1331 Grand Avenue, Des Moines, IA 50309 Email Address WellmarkFoundation@Wellmark.com Signature Printed Name and Title Date of Acceptance 5 Docu 5l SECURED Certificate Of Completion Envelope Id: B4907A35C45947EFB889F7B48AECE60F Subject: Grant Agreement available for City of Dubuque Source Envelope: Document Pages: 5 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Signatures: 0 Initials: 0 Status: Sent Envelope Originator: Gina Rooney rooneygj@wellmark.com IP Address: 198.245.41.130 Record Tracking Status: Original Holder: Gina Rooney 5/20/2020 1:37:43 PM rooneygj@wellmark.com Location: DocuSign Signer Events Signature Timestamp Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mary Lawyer LawyerM@Wellmark.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Marie Ware mware@cityofdubuque.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/26/2020 8:38:30 AM ID:1689ac65-7883-48e1-bce3-f8ee1b876776 Company Name: The Wellmark Foundation Sent: 5/20/2020 1:43:22 PM Viewed: 5/26/2020 8:38:30 AM Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Steve Fehsal sfehsal@cityofdubuque.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Wellmark Foundation Manager RooneyG@Wellmark.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/20/2020 1:43:22 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 3/13/2019 7:59:10 AM Parties agreed to: Marie Ware ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, The Wellmark Foundation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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