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Dubuque Main Street - Contracted Service AgreementCity of Dubuque City Council Meeting Consent Items # 012. Copyrighted June 20, 2022 ITEM TITLE: Dubuque Main Street - Contracted Service Agreement SUMMARY: City Manager recommending approval of the Contracted Services Agreement with the Dubuque Main Street for the City's financial support for Fiscal Year 2023. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type Dubuque Main Street - Contracted Service Agreement- City Manager Memo MVM Memo Staff Memo Contracted Service Agreement Staff Memo Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contracted Services Agreement - Dubuque Main Street DATE: June 15, 2022 Dubuque All -America City IN 2007.2012.2013 2017*2019 Economic Development Director Jill Connors recommends City Council approval of the Contracted Services Agreement with Dubuque Main Street for the City's financial support for Fiscal Year 2023. The adopted Fiscal Year 2023 operating budget provides for the payment of $91,630 to Dubuque Main Street. City funding enables the agency to coordinate a downtown revitalization program aimed at the creation and retention of jobs, prevention and elimination of slum and blight, enhancement of the local tax base and the capturing of private investment; manage Farmer's Market and Town Clock Festival area; develop and conduct ongoing public awareness and education programs designed to enhance appreciation of the district's architecture and other assets; work with public agencies at the local, state and federal levels to obtain necessary funding for downtown revitalization projects; utilize the National Trust's Main Street project format, develop and maintain data systems to track the process and progress of projects including, but not limited to, economic data monitoring, individual building files, thorough photographic documentation of all physical changes and information on job creation and business retention; and jointly coordinate the electronic reader board at the Grand Opera House for advertising public events. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill M. Connors, Economic Development Director Dubuque THE CITY OF All -America My nni K xvni , nz: a:u�ir, DUB E 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Contracted Services Agreement — Dubuque Main Street DATE: June 7, 2022 INTRODUCTION Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org Attached for City Council approval is the Contracted Services Agreement with Dubuque Main Street for the City's financial support for Fiscal Year 2023. Dubuque Main Street furthers the City of Dubuque Goal: Partnership for a Better Dubuque: Building our Community that is Viable, Livable and Equitable. DISCUSSION The adopted Fiscal Year 2023 operating budget provides for the payment of $91,630 to Dubuque Main Street. City funding enables the agency to coordinate a downtown revitalization program aimed at the creation and retention of jobs, prevention and elimination of slum and blight, enhancement of the local tax base and the capturing of private investment; manage Farmer's Market and Town Clock Festival area; develop and conduct ongoing public awareness and education programs designed to enhance appreciation of the district's architecture and other assets; work with public agencies at the local, state and federal levels to obtain necessary funding for downtown revitalization projects; utilize the National Trust's Main Street project format, develop and maintain data systems to track the process and progress of projects including, but not limited to, economic data monitoring, individual building files, thorough photographic documentation of all physical changes and information on job creation and business retention; and jointly coordinate the electronic reader board at the Grand Opera House for advertising public events. The reporting requirements are as follows: 1. Progress reports will be submitted quarterly. 2. Quarterly reports will be submitted using a form on the City's website. 3. Quarterly reports will include equity and inclusion reporting. 4. Audit reports are due within 60 days of audit completion. RECOMMENDATION/ ACTION STEP It is my recommendation that the City Council approves the attached Contracted Services Agreement with Dubuque Main Street and authorizes the Mayor to execute the contract on behalf of the City. 2 AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND DUBUQUE MAIN STREET THIS AGREEMENT, dated for reference purposes the 1st day of July, 2022, is made and entered into by and between the City of Dubuque, (City) and Dubuque Main Street, a nonprofit corporation (Agency). WHEREAS, City desires to engage the services of Agency to provide and implement a downtown revitalization program and to provide a part time development position; and WHEREAS, Agency has indicated its willingness to provide such services to City; NOW THEREFORE, in consideration of their mutual promises hereinafter setforth, the parties hereto agree as follows: SECTION 1. SCOPE OF SERVICES. Agency shall: (A) Further the City of Dubuque Goal: Partnership for a Better Dubuque: Building our community that is viable, livable and equitable; (B) Coordinate a downtown revitalization program aimed at the creation and retention of jobs, prevention and elimination of slum and blight, enhancement of the local tax base and the capturing of private investment; (C) Manage Farmer's Market and Town Clock Festival area; (D) Develop and conduct ongoing public awareness and education programs designed to enhance appreciation of the district's architecture and other assets; (E) Work with appropriate public agencies at the local, state and federal levels to obtain necessary funding for downtown revitalization projects. These may include but not be limited to design assistance, promotional publications, building rehabilitation, parking and public improvements; (F) Utilize the National Trust's Main Street project format, develop and maintain data systems to track the process and progress of the project. These include, but are not limited to, economic data monitoring, individual building files, thorough photographic documentation of all physical changes and information on job creation and business retention; 1 06072022bal (G)Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion; and (H) Comply with City Council goals and priorities set forth in Exhibit A. (1) The City of Dubuque, Grand Opera House and Dubuque Main Street have collaborated on the installation and management of a sign on 8th Street. As agreed, the sign will be a public sign with an electronic reader board for advertising public events and will include permanent signage for the Grand Opera House. The message control center for the reader board shall be located in the offices of the Grand, and the design may also include a remote center at City Hall. Control and responsibility of the message center will be jointly coordinated between the Grand, the City of Dubuque and Dubuque Main Street. On -going maintenance will be the joint responsibility of the Grand and the City of Dubuque. The Grand will be responsible only for those elements of the sign that identify the Grand on the structure. Insurance coverage for the sign will be included in the City of Dubuque's existing policy. SECTION 2. CITY RESPONSIBILITIES. 2.1 City designates the Economic Development Director to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 2.2 City will provide opportunities to demonstrate this support by inviting the Executive Director of Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: (A) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, as described in Exhibit C; (B) The opportunity to attend intercultural and equity workshops offered by City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within Agency and through Agency's work; (C)Assistance in creating semi-annual status reports that demonstrate the ways in which Agency's efforts are advancing equity and inclusion; and 2 06072022bal (D)Access to City's equity toolkit. SECTION 3. TIME OF PERFORMANCE. The term of this agreement shall be from July 1, 2022, through June 30, 2023. SECTION 4. COMPENSATION. 4.1 City shall pay Agency Ninety -One Thousand Six Hundred Thirty Dollars 00/100 ($91,630) as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. 4.2 The compensation shall be paid by City to Agency on a quarterly basis, within ten (10) days after receipt by City of a requisition of quarterly sum from Agency. SECTION 5. AUDIT AND EVALUATION. Inasmuch the funds to be provided to Agency by City are public funds, Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. SECTION 6. REPORTING AND MONITORING. 6.1 Agency shall comply with City's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency: https://www.citvofdubugue.org/FormCenter/Budget-15/Contracted-Services- Performance-Report-208 6.2 In alignment with the City Council's priority of racial equity, Agency must demonstrate how its efforts advance equity and inclusion. This should include program - level data disaggregated, at a minimum, by race and any other demographic Agency has prioritized. Agency should also identify community -level outcomes in which it is actively working to advance the racial disparity. 6.3 The online quarterly reports shall be due on October 15th, 2022, January 15th 3 06072022bal 2023, April 15t", 2023, and July 15t", 2023. Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. 6.4 If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within sixty (60) days of audit completion. The Audit shall be submitted as either an electronic or paper document to the Economic Development Director. SECTION 7. DISCRIMINATION. 7.1 In carrying the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Agency shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment without regard to age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 7.2 Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. SECTION 8. TERMINATION OF AGREEMENT. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Agency of such and specifying the effective date thereof not less than thirty (30) days before the effective date of such termination. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such thirty (30) day period, this Agreement shall be deemed terminated at the end of such thirty (30) day period without further action of either party. 4 06072022bal Upon termination of this Agreement, Agency shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. SECTION 9. ASSIGNABILITY. Agency shall not assign any interest in this Agreement without the prior written approval of City. SECTION 10. INSURANCE. At the time of execution of this Agreement by Agency, Agency shall provide City copies of Agency's insurance certificates showing compliance with the insurance requirements of Insurance Schedule G, included as Exhibit B. CITY OF DUBUQUE, IOWA WITNESS L'Ia " Adrienne N. Breitfelder, City Clerk 06072022bal DUBUQUE MAIN STREET a er,, oard President EXHIBIT A CITY COUNCIL GOALS & PRIORITIES 06072022bal Over the course of three sessions in August, City Council members affirmed the 15- year vision statement and mission statement and identified eight five-year goals for the city. They also identified top and high priorities for a 2021-2023 policy agenda as well as in -progress projects and capital projects for 2021-2023. Robust Local Economy. Diverse Businesses and Jobs with Economic Prosperity Vibrant Community; Healthy & Safe Livable Neighborhoods and HousinT. Great Place to Live Financially Responsible, High -Performance City Organiaadom Sustainable, Equitable, and Effective Service Delivery Sustainable Environment: Presem"ng and Enhancing Natural Resources Partnership far a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Connected Community, Equitable Transportation, Technology Infrastructure, and Mobility 7 06072022bal Miracle League of Dubuque Complex , _ �' _ dW � F.. .r,. Loil 06 Vision Statement Dubuque 2036 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome. Dubuque 2036 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. Mission Statement Dubuque city government is progressive and financially soured with residents receiving value for their tax dollars and achieving goals through partnerships_ Dubuque city government's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services_ National might Out Policy Agenda Polio agenda items are issues that need direction or a polio decision by the City Council, or need a major funding delusion by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities, * Chaplain Schmitt Island Master Plan Implementation * City Information & Network Security * Equitable Poverty Prevention & Reduction Plan Implementation * Federal Infrastructure Program Preparation * Five Flags Center Direction * Historic Building RehabilitatiordPreseruation * Sewer System Infrastructure Upgrade (including Catfish Creek Sanitary Sewer System) • Bee Branch Watershed Project: Next Steps • Childcare I'niti&ve • Community Broadband Expansion • Complete Streets Concept Implementation= 16th StAllm St.114th St. Railroad Overpass Project • Comprehensive Parks Master Plan • Imagine Dubuque Implementation • West End Fire Station Under each City Council goal are items listed as Management in Progress and Major Projects. Each goal contains Management in Progress items and many City Council goals also have major projects associated. Management in progress are items that are underway and budgeted. Staff is implementing and providing updates to City Council Major projects are projects that are underway and budgeted_ Staff is implementing and providing updat.2s to City Council. J Robust Local Economy Management fn Progress + Airport Master Ran: Approval • Au Service Expansion b Western Hub • Business Development at the Airport • Downtovm Parting Issues • Dubuque Biewing & Malling Building • Facade Loan Program • Opporlundp Dubuque JobiraininA Program: Financial Support Major iCroje s * Dubuqueltivedront Master Plan SMrmy Corps of Engineersl * Viking Cruise Destination Preparation 06072022bal Vibrant Community Management in Progress • CAD Conneciion to City Cameras Network • Fi ie Deparimeni Accreditation • Police 0eparimeniRe-Accreditalivn:AnnuaIAssessment • RE-Im aginingPolice • T- attic Camera System Livable Neighborhoods & Housing Management in Progress t Central Avenue Reinuestmerd Strategy t Downtann Comrnerc ial Buildings Project Port of Dubucue Residential Project fMERGEM • Safe housing I nitiairie Major Projects • Hendricks feed Ede Parking Ramp ■ Luaell Street RelainingWall Repair Financially Responsible, High - Performance City Organization; Management in Progress ■ ADA Compliance Transition Report • Cartegra ph W System Asset Management System Expan€ion • Central¢ed Facility Maintenance and Manager • CityfacditIESM ltSpaceAnalysisandPlan • City Legislaii•R Lobbymg/.dvocacyAgenda yfly] • Citywide Compensation and Benefit Pot icy and Program • Digital Signatures • ERP Wtware Im plernentaiion • InVision Facil ity Management Soitware Im plernentation • Resident Saii €iadion 5urmy • Sonata Sottnare Im plementation Major Projects Eno ne House No. ] Remodel Pr*Bd Sustainable Environment Management in Progress • Bee Branch Pn16 nator Celebration • Emerald Ash Elder Program • Lead and Copper Rule Compi iance Water Sa mpling and Testing • Pollinator Habitat in Park System • Public Education on Bikea blelWalkable Dubuque • RerrA 000 Solar Program • Se*erinfrasinuciureAssetManagemenl • 41�kter and Resource REDN'ery Center: Nutrient Trading. Major Projects • Royal Wood Drive Water Tank I mpmvement • SCPDA Overhaul: Water • 41�k6erUnesExtension -SoulhnestArterial COUNG A90221 10 06072022bal Partnership for a Better Dubuque Management in Progress • Civic klion Plan and Ci& Leaders Program • Greg Dubuque Development Cwporahon 5-year Funding Campaign Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Management in Progress ■ AnnedGorps: Potent ial Erpan€ion ku • E R. Lyons Center Partnershi p Omlopment ■ Mystique Community Ice Center Direction Major Pr4ects • CWWL—y Park Project ■ EMI? ValkySubdivisionPark • Engfedh Rdge Subdivision Park • Grand Rirer Censer: Upgrade Projects Connected Community Moaagement in Progress Comprehensive Pavement Presereation Corporate Hangar Repair ■ DmvrdannParaingOrdinance t Reconshud ion of Pirpod Taxiway Alpha Tratf¢ Signal Synchroniralion+STREETSProgram t Transit VEhide Replacement ■ Th-R in Fixed Route Buses major Projects • Chm*nelle Road Hi ke Bike Trail • ComisknyPark Projecl • Dupa&Roshek Parking Project • Jf K Sidewalks Prajeci: Construction + Asse€€meni • Nodl-mEst Arterial Upgrade 9 DR • RounJabouts: Funding a. Unive-sdy!'ennsylvania:Design b. Unive-siiylAshury:0esign c. Unive-sdVl-ora€: Design • h43sh mglon Stred Im pravements � Fih to 9th] EXHIBIT B INSURANCE SCHEDULE 11 06072022bal INSURANCE SCHEDULE G 1. Agency 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. Agreement dated 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 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. 12 06072022bal 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. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) 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. 6) 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. 13 06072022bal 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. 14 06072022bal Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer 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 insurer 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 insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer 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 15 06072022bal EXHIBIT C INCLUSIVE DUBUQUE 16 06072022bal CONNECTING PEOPLE, STRENGTHENING THENI ICIMUNITl., Inclusive Dubuque 17 06072022bal Everyone deserves to Uve in a place where they are respected, valued and engaged in civic life. That's the ph ilos o phy that guides the I n clusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformational change in Dubuque by reirnagining systems, fostering a culture of inclusion, and advancing justice and soclal equity in all areas of community life. Why It Matters Our region is growing more diverse_ However, many minority comm unities in Dubuque have historically Lac ked access to res ources that enable them to th rive_ Furthermore, residents of diverse backgrounds have experienced hostilities that make them feel urrweloome_ To drive eeonomi€grow-K retain residents and affirm the humanity of all people, everyone must feel welcome and haove the ability to achieve their full potential. Our Unique Role e are conveners and collaborato rs. Nd litati ng important conversations and developing systemic solutions to equity issues, such as, • Preparing minority and first generation college students for careers - Inn provi ng access to health and wellness resources like brain health services_ • Bridginglanguage and cultural barriers so immigrants can fully participate in the comm unity. • Preparing, attracting and retaining a diverse workforce. Hosted by the Community Foundation of Greater Dubuque. Inclusive Dubuque leverages relationships with nonprofits. government entities, bus iness es and generous community members to realize ashared vision far Dubuq=A vibrant and inclusive region with resources and opportunities foraT 18 06072022bal How It Works Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who. through meetings, learning opportunities and workshops, identify ways to drive equitable opportunities for all people. Our Accomplishments • Engaged more than Z500 community members to conduct aCommunity Equity Profile that i dentifi es residents' diverse experiences and needs. • Convened s ector groups with more than 90 community members to address systemic challenges related to healttx education, transportation, neighborhoods, economic well-being,, and arts and culture_ • Convene a Eusi n es Leader Eq uity Cohort for local executives to builda diverse and inclusiveworkforce- Offer diversity, equity and inclusion workshops for nonprofit, civic and business professionals. Sponsor and organize public events focused on fostering a community -wide culture of inclusion. • Publish the D ubuq ue Cultural Resource Guide so residents can find businesses and services ratering to unique racial, cultural and ethnic needs.