Signed Contract_Business Information Group, Inc. for AmeriCorps Member Background ChecksCity of Dubuque
City Council Meeting
Consent Items # 020.
Copyrighted
May 16, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: Services Agreement with Business Information Group, Inc for
AmeriCorps Member Background Checks
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Services Agreement with Business Information Group, Supporting Documentation
Inc
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TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Services Agreement with Business Information Group, Inc for AmeriCorps
Member Background Checks Approval
DATE: April 6, 2022
INTRODUCTION
The purpose of this memo is request approval of the Services Agreement with Business
Information Group, Inc. for AmeriCorps Member background checks. This agreement
has been reviewed by Barry Lindahl in the City Attorney's Office.
BACKGROUND
In 2019, AmeriCorps, the Agency (previously known as the Corporation for National and
Community Service) made changes to its rules and regulations around Background
Checks for AmeriCorps Members, requiring that all AmeriCorps member checks must
all be completed prior to an AmeriCorps member's start date, in addition to requesting
that Grantees use their AmeriCorps Federally approved Vendor, Fieldprint, a subsidiary
of Business Information Group, Inc., a Vertical Screen® Company. Fieldprint is one of a
limited number of vendors, called channelers, approved by the FBI to offer expedited
access to the FBI's national criminal history information. Fieldprint is a vendor approved
by AmeriCorps to provide fingerprint FBI checks and make adjudication
recommendations of cleared and not cleared to recipients; provide pass or pre -adverse
action notices; and, as of June 19, 2021, can provide timing records of relevant
compliance steps like adjudication; and maintain records within the system.
AmeriCorps, the Agency, did allow programs to maintain current processes as long as
the new timeline was met, so the City's AmeriCorps program maintained the current
process of utilizing the Iowa Department of Public Safety's Division of Criminal
Investigation (DCI) for all AmeriCorps fingerprint checks. In January 2021, the Iowa DCI
notified the program that they would be developing a partnership to utilize Fieldprint for
digital transmission of fingerprint scans to expedite the FBI Fingerprint Background
Check Process. With this change from DCI, it was determined that the program would
need to enter into some type of agreement to utilize Fieldprint services.
AmeriCorps Director, Heather Satterly, has discussed this change with Volunteer Iowa,
the state commission that oversees AmeriCorps Grant Compliance for AmeriCorps, the
Agency. The State office has recommended that the program utilize Fieldprint services
through the AmeriCorps, the Agency, agreement to ensure compliance with the federal
regulations.
BUDGETIMPACT
No budget impact is expected, as the AmeriCorps Programs are required to budget the
costs of all Member and Staff background checks at the rate of the AmeriCorps
federally approved vendors.
RECOMMENDATION
I recommend approval of the Services Agreement with Business Information Group, Inc
for AmeriCorps Member background checks based on Barry's review of the agreement.
attachments: SERVICES AGREEMENT - COD BIG 3.31.22
Schedule G Services Agreement (BIG rev 3.31.22)
Prepared by: Heather Satterly, AmeriCorps Director
Oil
DocuSign Envelope ID: 3437F86F-BB25-4CF4-A86C-OB34459FC201
SERVICES AGREEMENT
(Corporation for National and Community Service (CNCS)
This SERVICES AGREEMENT (the "Agreement"), is made and entered into as of this 25
day of March, 2022, (the "Effective Date"), by and between Business Information Group,
Inc., a Vertical Screen® Company, Delaware corporation with offices located at 251
Veterans Way, Warminster, PA 18974 ("Provider") and City of Dubuque and all of its
binding subsidiaries, affiliates, partners or representatives, with offices located at (the
"Grantee"): 50 W 131h Street, Dubuque, IA, 52001.
Whereas, Grantee has an existing grantee relationship with CNCS, and CNCS is
requiring Grantee to procure certain screening services from Provider on individuals who
are subject to CNCS grants (the "Special CNCS Arrangement");
Whereas, Provider provides applicant screening services (adjudication services) to
CNCS as part of a collective Fingerprint and FBI Channeling Services Agreement, as
amended, between Fieldprint, Inc., Provider's affiliate fingerprint channeler and CNCS
(collectively, the "CNCS Agreement"); and
Now, therefore, in consideration of the mutual covenants, promises and agreements
contained herein, the parties, intending to be legally bound hereby, agree as follows:
1. Provider Services
a. Adjudication Services
Provider shall provide its Screening Services to Grantee and apply "Clear/Not
Clear" criteria ("CNCS Criteria") defined by CNCS.
(1) Provider shall make its best efforts to match criteria from FBI Criminal
History Record Information (CHRI) to the CNCS Criteria. The adjudication
services are defined by CNCS are provided based on a purely objective
analysis of certain aspects of Provider's research.
(2) Such adjudication services should not be inferred nor understood as
legally binding indications, recommendations or consumer rating
assessments by Provider.
(3) Any and all interpretive procedures utilized in characterizing what
constitutes the adjudication services are established by CNCS and are
CNCS's specifications.
(4) Provider does not make any grant decisions for CNCS or the
Grantee.
b. Compliance with Laws
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Each Party shall comply with the requirements of all applicable provisions of
Federal and State laws or regulations.
C. Limitation of Consequential Damages
Provider will not be liable to Grantee, or to any third party, for any inaccuracy in
information provided by Provider for any reason other than bad faith or negligence
in the adjudication services. Provider cannot be either an insurer or a guarantor of
the accuracy or depth of its adjudication services.
In any event, Grantee's recovery will be limited to its actual damages and in no
event shall Provider have any liability hereunder for any indirect, special,
incidental, exemplary, punitive or consequential damages, including, without
limitation, loss of profit or business opportunities, whether or not Provider was
advised of the possibility of such damages. In no event will the total aggregate
liability of Provider to Grantee for any claims, losses or damages arising out of this
Agreement exceed five (5) times the total amount of fees and other consideration
actually paid by Grantee under this Agreement.
2. Grantee's Representations, Warranties and Covenants
The Grantee hereby represents warrants and covenants to Provider as follows:
(1) Adverse Actions. Grantee specifically certifies that before taking any
adverse action against an applicant based on the Provider's services, Grantee
shall provide the applicant with an opportunity to appeal a "not cleared" decision
with CNCS and to dispute any CHRI results directly with the FBI.
(2) Authorized Grantee. Grantee represents and warrants that it is a bona -fide
and authorized Grantee of CNCS and that it is (1) providing vending services to
CNCS, and (2) it is authorized by CNCS to use Provider's screening services, in
the same manner and form as set forth in the CNCS Agreement, as may be
amended.
(3) Termination of Affiliation with CNCS. Grantee shall immediately inform
Provider, in writing, if its services, relationship or affiliation with CNCS have
terminated.
3. Fee; Expenses; Payment Terms; Suspension for Non -Payment
a. Fees
In consideration of the services to be rendered by Provider hereunder, Grantee
(on its own and on behalf of any subsidiaries, affiliates, partners or representatives)
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shall pay to Provider a fee as set forth on Schedule A (the "Fee"). The Fee is
subject to change upon sixty (60) days' notification to Grantee.
b. Expenses/Pass-Through Costs
In addition to the Fee, Grantee shall reimburse Provider for all actual reasonable
expenses, if applicable ("Pass -Through Costs").
C. Payment Terms
Payment of all invoices shall be made by Grantee via company checks or by major
credit card, at the discretion of the Provider, at time of order, or net thirty (30) days
following the date of Grantee's receipt of an invoice. All fees shall be deemed
overdue if, they remain unpaid thirty (30) days after they become payable. All
overdue amounts shall bear interest at the rate of one and one half percent (1.5%)
per month or the maximum legal rate, whichever is lower. Grantee shall reimburse
Provider for all reasonable costs incurred (including without limitation reasonable
attorneys' fees) in collecting past due amounts.
d. Suspension for Non -Payment
If Grantee is 30 days past due in payment then Provider reserves the right to
suspend services at its own discretion. In the event of suspension for non-
payment, all the terms of this Agreement and any related agreement survive during
the suspension period.
4. Term and Renewal; Termination; Cancellation; Effect of Termination
This Agreement will become effective on the Effective Date and will remain in effect for
as long as the Grantee is a recipient or subrecipient of a CNCS grant. These services are
available only to CNCS grantees and only for individuals serving in covered positions, as
defined under 45 CFR 2540.201. A covered position is a position in which the individual
receives an education award or a CNCS grant -funded living allowance, stipend, or salary.
Use of these services for any other individual is unauthorized. The term of this Agreement
shall automatically renew thereafter for one (1) year periods. Either party shall have the
right, in its sole discretion, to cancel, not renew or terminate this Agreement with sixty
(60) days notice to the other party. Provider may terminate services upon Grantee's
termination of its affiliation or grant with CNCS. Provider may, upon its election,
discontinue serving the Grantee and suspend, modify or cancel this Agreement and any
and all amendments hereto immediately.
5. Confidentiality and Data Security
a. Confidentiality. Provider and Grantee each acknowledge that the
information to be provided by Provider to Grantee and by Grantee to Provider
pursuant to this Agreement is sensitive, privileged and confidential. Provider will
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communicate such information only to such employees of Grantee as are
designated by Grantee (the "Authorized Employees"). Grantee agrees to make all
Authorized Employees aware of the sensitive, privileged and confidential nature of
information pursuant to the applicable laws.
b. Security Breach Notification Requirements. Each party, as soon as
reasonably possible of discovery, shall report to the other party any use or
disclosure of any sensitive data containing personal identifying information, or data
not otherwise authorized by this Agreement ("Sensitive Data"). The breaching
party's report shall identify: (i) the nature of the unauthorized use or disclosure, (ii)
the Sensitive Data used or disclosed, (iii) who made the unauthorized use or
received the unauthorized disclosure, (iv) what the party has done or shall do to
mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what
corrective action the party has taken or shall take to prevent future similar
unauthorized use or disclosure of Sensitive Data. Each party shall comply with all
applicable laws in its reporting, mitigation, notification, response and corrective
action in connection with any security or privacy breach.
6. Access to Provider's Services and Website
The Grantee's website access shall be through a secured pin/password system. Grantee
shall identify to Provider those individuals who will have access to Provider's services,
pursuant to Paragraph 1 herein, and/or Website (hereinafter, "Authorized User"). For
Website access, Grantee will be assigned unique user names, PIN and passwords
("Access Codes") to permit access to Provider's Website. Grantee shall ensure that prior
to instructing Provider to grant access to services and/or Access Codes to an Authorized
User, Grantee shall provide adequate training to any Authorized User regarding the
requirements of this Agreement and any applicable laws. Grantee acknowledges and
agrees that it is responsible for any activities performed by any individual whom it provides
the Access Code, including anyone under Grantee's control, any affiliate or third -party.
Grantee agrees to notify Provider in writing immediately if it wishes to deactivate or
disable any Access Codes, or revoke the access to the services of any Authorized User.
7. Indemnification and Liability.
Grantee shall indemnify and hold Provider harmless and its officers, directors, employees
and agents, from and against any and all losses, costs, liabilities, damages and expenses
(including, without limitation, all reasonable attorneys' fees and expert witness fees) in
connection with any claim, demand, suit, action, judgment or other proceeding brought
against Provider, its officers, directors, employees or agents, to the extent based on or
arising from,
I. breach by of its representations, warranties or covenants contained in this
Agreement or any attached Exhibit or Schedule, including, but not limited to, any
breach which results in the unauthorized and/or non -permissible use of information
obtained under this Agreement, or
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III. Grantee's negligence or misconduct.
Provider shall indemnify and hold Grantee harmless and its officers, directors, employees
and agents, from and against any and all losses, costs, liabilities, damages and expenses
(including, without limitation, all reasonable attorneys' fees and expert witness fees) in
connection with any claim, demand, suit, action, judgment or other proceeding brought
against Grantee, its officers, directors, employees or agents, to the extent based on or
arising from Provider's negligence.
Provider shall at all times during the performance of this Services Agreement provide
insurance as described in the attached Insurance Schedule.
8. Miscellaneous
Force Majeure. Provider shall not be liable to the Grantee nor be deemed to have
defaulted under or breached this Agreement for any failures, errors, delays or other
conditions or consequences arising from or caused by events beyond Provider's control,
including, without limitation, sabotage, terrorism, failures or delays in information
technology and/or systems, equipment or communication, labor disputes, accidents,
computer "hacking", computer viruses or acts of God or nature.
Governing Law. This Agreement shall be governed by, and construed in accordance with,
the laws of the State of Iowa without regard to its conflicts of law principles.
Binding Nature and Assignment. This Agreement will be binding on the Parties and their
respective subsidiaries, affiliates, partners or representatives and their successors and
permitted assigns for the term of this Agreement and pursuant to the survival of rights
provisions herein. Except as provided herein, Grantee does not have the power to assign
this Agreement without the prior written consent of Provider. Should assignment be
granted by Provider, the assigning party shall remain fully liable for and shall not be
relieved from the full performance of all obligations under this Agreement. Any attempted
assignment that does not comply with the terms herein shall be null and void.
Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed by
exchange of signature pages by facsimile and/or or other "electronic signature" (as
defined in the Electronic Signatures in Global and National Commerce Act of 2000) in a
manner agreed upon by the parties hereto; and/or in any number of counterparts, each
of which shall be an original as against any party whose signature appears thereon and
all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Services
Agreement by their duly authorized representatives to bind the parties by the terms hereof
on the date first written above. The individual executing this Agreement on behalf of the
Grantee has direct knowledge of the facts certified to hereinabove.
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DocuSign Envelope ID: 3437F86F-BB25-4CF4-A86C-OB34459FC201
BUSINESS INFORMATION GROUP, INC. CITY OF DUBUQUE
Doc��uSi""gned by: t
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BY: FZFf1QRRd'3RFFdRA BY:
Anthony D'Orazio
CEO Print Name: Michael Van Milligen
Title: City Manager
Date: April 13, 2022
03312022bal l435bal
DocuSign Envelope ID: 3437F86F-BB25-4CF4-A86C-OB34459FC201
SCHEDULE A
FEES
Fees: Our Fee for collecting and processing each fingerprint submission is $27.75.
The Fee covers the electronic collection of one (1) set of fingerprints and transmission of
those prints to FBI.
**Full service fingerprinting fee applies for missed appointments and/or reschedules with
less than 24 hours notice.
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DocuSign Envelope ID: 3437F86F-BB25-4CF4-A86C-OB34459FC201
INSURANCE SCHEDULE G
1. Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to the contract commencement. Each certificate shall be
prepared on the most current ACORD form approved by the Iowa Insurance Division or an
equivalent. Each certificate shall include a statement under Description of Operations as to why
the certificate was issued. Vendor Service Agreement dated March 25, 2022.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers 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 Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required
by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage
shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form, or its equivalent, is referenced the current edition of the form must
be used unless an equivalent form is approved by the Director of Finance and Budget. The
service provider must identify or list in writing all deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits
shall be this agreement's required limits.
9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall
obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor
agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and
maintain such coverage. The City may request a copy of such certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy
premiums and other costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
Page 1 of 3 Schedule G Vendors April 2021
DocuSign Envelope ID: 3437F86F-BB25-4CF4-A86C-OB34459FC201
INSURANCE SCHEDULE G (continued)
EXHIBIT I
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
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02 or equivalent.
2) Include ISO endorsement form CG 25 04 or equivalent "Designated Location(s)
General Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) 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 20 10
(Ongoing operations) or its equivalent.
5) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers'
Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Completed form must be attached.
Page 2 of 3 Schedule G Vendors April 2021
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INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _ Yes _*_ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured 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 20 10.
(Ongoing operations) or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _*_ Yes _ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the
agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -
made policy form with a Retroactive Date prior to the date of the agreement, the
contractor must provide "extended reporting" coverage for a minimum of five (5)
years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _*_ Yes _ No
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: _*_ Yes No
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
Page 3 of 3 Schedule G Vendors April 2021