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