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Global Green USA Partnership AgreementTHE CITY OF Dui Masterpiece on the Mississippi Dubuque band AI -America City r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Partnership Agreement between Global Green USA and the City of Dubuque DATE: March 11, 2014 Economic Development Coordinator Megan Starr recommends City Council approval of a Partnership Agreement between Global Green USA and the City of Dubuque to collaborate on advancing the City of Dubuque's sustainability goals and objectives through the delivery of technical assistance funded by a grant from the Environmental Protection Agency's Building Blocks for Sustainable Communities Program. Through this technical assistance grant, Global Green will provide the City of Dubuque with recommendations for policy and infrastructure improvements within the Washington Neighborhood, using the criteria of the LEED for Neighborhood Development rating system as a framework for assessing the assets and needs of the Washington Neighborhood. Global Green will conduct an approximately two and a half day on-site assessment which will include visits with stakeholders, residents City staff and elected officials. As part of the grant award, Global Green will assume all expenses for their costs to conduct the site visit. I concur with the recommendation and respectfully request Mayor and City Council approval. 7.- Mic ael C. Van Milligen bc./1144 0/4 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Megan Starr, Economic Development Coordinator Maurice Jones, Economic Development Director THE CITY OF Dui Masterpiece on the Mississippi Dubuque bittitil All -America City 1 I 2007 • 2012 • 2013 TO: Michael Van Milligen, City Manager FROM: Megan Starr, Economic Development Coordinator DATE: March 4, 2014 SUBJECT: Partnership agreement between Global Green USA and the City of Dubuque INTRODUCTION The attached agreement confirms a partnership between Global Green USA and the City of Dubuque to collaborate on advancing the City of Dubuque's sustainability goals and objectives through the delivery of technical assistance funded by a grant from the EPA'S Building Blocks for sustainable communities program. DISCUSSION At the January 6th City Council meeting, City Council approved the submission of Sustainable Neighborhood Assessment Grant for the Washington neighborhood. The City of Dubuque submitted an application to Global Green for their sustainable Neighborhoods Technical Assistance Grant for the Washington Neighborhood. On January 22nd, 2014 Global Green announced that Dubuque was one of 8 communities chosen to receive technical assistance. Through this technical assistance grant, Global Green will provide the City of Dubuque with recommendations for policy and infrastructure improvements within the Washington Neighborhood, using the criteria of the LEED for Neighborhood Development rating system as a framework for assessing the assets and needs of the Washington Neighborhood. A site visit is tentatively scheduled to take place the week of July 14, 2014. Global Green will conduct an approximately two and a half day on-site assessment which will include visits with stakeholders, residents city staff and elected officials. As part of the grant award, Global Green will assume all expenses for their costs to conduct the site visit. Legal services has reviewed the partnership agreement and adjusted the contract to include a statement that affirms Global Green is an independent contractor and not employees of the City of Dubuque. Global Green has agreed to this adjustment. REQUESTED ACTION I respectfully request that the City Council approve the contract and authorize the City Manager to sign the attached agreement. Cc: Maurice Jones, Economic Development Director PARTNERSHIP AGREEMENT BETWEEN GLOBAL GREEN USA AND CITY OF DUBUQUE, IOWA This agreement confirms our understanding that the City of Dubuque and Global Green USA will work together in a collaborative partnership to advance the City of Dubuque's sustainability and resiliency goals through the delivery of technical assistance funded by a grant from the EPA's Building Blocks for Sustainable Communities program. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing an employment relationship of between the parties. Global Green will at all times remain an independent contractor with respect to the services to be performed under this Agreement. The specific goals of this partnership are to: • Use the criteria of the LEED for Neighborhood Development rating system as a framework for assessing the assets and needs of the Washington Neighborhood in the areas of physical infrastructure, land use plans, and other relevant policies related to the neighborhood. • Develop comprehensive recommendations for policy and infrastructure changes that can help the City of Dubuque and the Washington Neighborhood, where feasible, build a future- that is more resource -efficient, livable, healthy, and environmentally responsible. • Engage local leaders, stakeholders, and other interested parties to create momentum for implementing the proposed recommendations in the Washington Neighborhood and, as applicable, to the broader City of Dubuque. • Track the City of Dubuque's progress in implementing recommendations made by the technical assistance team. In order to achieve the goals of this partnership, Global Green USA will: • Appoint a staff person to coordinate the Global Green effort on behalf of this partnership. • Collect, review, and summarize background data on existing neighborhood conditions, City policies, and ongoing efforts in the area of neighborhood sustainability. • Conduct an approximately 2 and half day site assessment, by four experts in neighborhood sustainability, that will include visits to the targeted neighborhood, meetings with key stakeholders, consultations with City staff and elected officials, and an open community workshop. • Prepare a final report that summarizes activities, details major findings, and makes specific recommendations for infrastructure, land use, and other policy changes that could be undertaken by the City. • Establish and maintain a record of the City of Dubuque's progress on implementing the recommendations made in the final report and update that record on a quarterly basis for a period of 18 months after the delivery of the final report. • Publicize the results of the technical assistance effort to the media and other interested parties. • Provide the City .of Dubuque with a Certificate of Insurance in accordance with Insurance Schedule C attached as Exhibit t City of Dubuque will: • Appoint a staff person to coordinate their efforts on behalf of this partnership. • Collect and transmit relevant data on existing neighborhood conditions, City policies, and current efforts in the area around neighborhood sustainability. • Coordinate and assist with scheduling meetings with key stakeholders, City staff and elected officials during the technical assistance visit. • Secure a suitable work space for the technical assistance team. • Secure an appropriately sized venue for the community workshop. • Provide the materials (e.g. computer projector, flipcharts, markers, maps, post - its, etc.) necessary for the facilitation of the community workshop. • Advertise the community workshop in the appropriate venues in order to secure adequate attendance. • Track the City of Dubuque's progress on implementing the recommendation in the final report for a period of at least 18 months. • Coordinate with Global Green to publicize the results of the technical assistance effort to the media and other interested parties. Funding: Global Green's time and expenses, as well as the time and expenses of its sub consultants, will be covered directly by a grant for the US Environmental Protection Agency. Any staff time and expenses incurred by the City of Dubuque or other City staff in relation to this effort will be the responsibility of each respective organization. No exchange of funds by either party will take place. Timeline: The site visit will tentatively take place during the week of July 14, 2014. Data collection efforts will take place in the four weeks prior to the site visit, with an emphasis on all data being delivered at least two weeks prior to the site visit. The final report will be delivered to the City of Dubuque within six to eight weeks of the completion of the site visit. Modifications to the timeline may be made by mutual consent of the two parties. This agreement may be terminated only by mutual agreement of the parties, or if grant funding is withdrawn by the EPA. Mary Luevano Interim Executive Director Global Green USk Michael C. an Milligen City Manager City of Dubuque Date Date 1. Exhibit 1 City of Dubuque Insurance Requirements for Professional Services Insurance Schedule C 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. 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 Iowa Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or Lease of premises 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 City 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. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance in accord with Exhibit I. 6. All required endorsements to various policies 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. 8. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. 9. Whenever an ISO form is referenced the current edition of the form must be used. Page 1 of 3 Schedule C, Professional Services_Global Green_3-5-14 Exhibit 1 City of Dubuque Insurance Requirements for Professional Services Insurance Schedule C (continued) Exhibit 1 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 a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard I50 commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include I50 endorsement form CG 25 04 "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 I50 form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) 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 as amended. Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Coverage B limits shall be greater if required by Umbrella Carrier. Page 2 of 3 Schedule C, Professional Services_Global Green_3-5-14 Exhibit 1 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 carrier 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 Other 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 Schedule C, Professional Services_Global Green_3-5-14