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Four Mounds Strategic Planning Agreement Copyright 2014 City of Dubuque Consent Items # 8. ITEM TITLE: Four Mounds Strategic Planning Agreement SUMMARY: City Manager recommending approval of an agreement between the City of Dubuque and Four Mounds Foundation for development of short-and long-term strategic planning. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Agreement with Four Mounds Foundation for Strategic City Manager Memo Planning-MVM Memo Strategic Planning Memo Staff Memo Strategic Planning Agreement Supporting Documentation THE CITY OF Dubuque DUB TENWinrkaCky 1111. Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Agreement Between City and Four Mounds Foundation for Development of Short and Long Term Strategic Planning DATE: August 8, 2016 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. Leisure Services Manager Marie Ware recommends City Council approval of an agreement between the City and Four Mounds Foundation for development of short and long term strategic planning. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager 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 Z -LT 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 S5,000, 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 C71',' c Mirhael C Van Milligan Asst. City Manager , Cindy M. Steinhauseifts 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 City of Dubuque insurance Requirements for Professional Services 1. 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 wort( 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 towa Department of Insurance or an equivalent. Each certificate shall include a statement under DEScaption of Operations as to why issued. Eg: Project- or Project Location at or construction of 2. Ali policies of insurance required hereunder shall be with a carrier authorized to do busineS$ in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide, 3. EathCert' furnished to the contracting department of theCty ofDubuque. 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 subconsultants and sub-subconsultants. Consultants agree that it shall be liable for the failure of a subconsuitants 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 policies shall be attached to C nturance. 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/iirnits, or greater if required by law or other legal agreement, in Exhbhl. f provider's limits of liability are higher than the required minimum iimits then the provider's limits shall be this agreement's required limits. 9. Whenever an 150 form is referenced the current edition of the forrn must be used. Page 1 of 3 Schedule C Professional Seriices May 2016 4 City of Dubuque Insurance Requirements for Professional Services Insurance Schedule C continued Exhibit 1 A) COMMERCIAL GENERAL LtABUJTY General Aggregate Limit 52,000,000 Products -Completed Operations Aggregate Limit 51,000,000 P erso n a; a nd Advertising Injury Limit 51,000,000 Each Occurrence 51,000,000 Fire Damage Limit (any one occurrence) 5 50,000 Medical Payment 5 5,000 a) Coverage shall be written on an occurrence, not claims made., form. The generallibUity coverage shall be written in accord with 150 form C00001 or business owners form 8P0002. All deviations from the standard 150 commercial general liability form CG 0001, or Business owners form 8P 0002, shall be clearly identrSed. h) Include150 endorsement form CG 25 04 'Designated Loc-tion(s) General Aggregate or CC 25 03 'Designated Construction Project. (s) General Aggregate Limit" as appropriate. c) include endorsement indicating that coverage is primary and nomcontributOry. d) Include endorsement to preserve Governmental Immunity. (Sample attached). ej 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, ail its boards; commissions andjor authorities and their board members, employees and volunteers_ Use 150 form CG 2025. ALELUDBILE LIABILITY. WORKERS'COMPENSATION & EMPLOYERS LIABILITY Staturory benefits covering ail employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 35 as amende.d. 51,000,000 (Combined Single Limit) Coverage A Statutory—State of Iowa Coverage 8 Employers liability Each Accident 5100,000 Each Employee -Disease $100,000 Policy limit -Disease 5500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Coverage 8 limits shall be greater if required by Umbrella Carrier_ 0) UMBRELLA LIABILITY 51,000,000 Umbrella liability coverage must be at least following fora: with the underlying p&icies nduded herein_ E) PROFESS1ONALLIABIUTY 51,000,000 a) Provide evidence of coverage for 5 years after completion of project. F) CYBER LIABILITY $1,800,000 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 Page 2 of 3 Schedule C Professional Services May 2015 5 City of Dubuque InsuranceRequirements for Professional Services Preservation of Governmental immunities Endorsement Nonvraiver of Governmentalunity. 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 Inured 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. ?. 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 A now exists and as A 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 Coyerl Te, 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 defensels) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy.The above preservation of governmentalirnrnunities shall not othenuise change or alter the coverage available under the policy. SPECIMEN Page 3 of 3 SchediA C Professional vices May 2016 6