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Inclusive Dubuque - Contracted Service AgreementCity of Dubuque City Council Meeting Consent Items # 015. Copyrighted June 20, 2022 ITEM TITLE: Inclusive Dubuque - Contracted Service Agreement SUMMARY: City Attorney recommending approval of the Contracted Services Agreement with Inclusive Dubuque for the City's financial support for Fiscal Year 2023. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Inclusive Dubuque - Contracted Service Agreement - CB Memo Staff Memo Contracted Service Agreement Type Staff Memo Staff Memo Supporting Documentation THE C DUj!BaFE Masterpiece on the Mississippi CRENNA M. BRUMWELL, EsQ. CITY ATTORNEY MEMO To: Mayor Brad Cavanagh and Members of the City Council DATE: JUNE 14, 2022 RE: Contracted Services Agreement - Inclusive Dubuque Dubuque All•Merica Cif M1.tiift'�Al.i A'A'.If-,v. AA- 2007-2012.2013 2017*2019 Economic Development Director Jill Connors recommends City Council approval of the Contracted Services Agreement with Inclusive Dubuque or the City's financial support for Fiscal Year 2023. The adopted Fiscal Year 2023 operating budget reflects a payment of $75,000 to Inclusive Dubuque, for financial assistance to engage and coordinate a network of leadership from diverse communities within Dubuque to provide a coordinated, collaborative approach to supporting a more inclusive community. This will be accomplished through the convening and facilitation of conversation with sector groups to explore ways to further equity and inclusion in their sector. This work includes the Inclusive Dubuque Network; Business Leader Equity Cohort; Employer Inclusion Council; DEI Toolkit; Community Racial Equity Profile; Julien Dubuque International Film Festival (JDIFF) Sponsorship; Rural Equity Network; Equity Speakers, Communications, and other Equity Training Opportunities; Peer -Learning Council (PLC); and Best Practices in Diversity, Equity and Inclusion. I concur with the recommendation and respectfully request Mayor and City Council approval. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org 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: Crenna M. Brumwell, City Attorney FROM: Jill M. Connors, Economic Development Director SUBJECT: Contracted Services Agreement — Inclusive Dubuque 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 Inclusive Dubuque for Fiscal Year 2023. Inclusive Dubuque 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 reflects a payment of $75,000 to Inclusive Dubuque, for financial assistance to engage and coordinate a network of leadership from diverse communities within Dubuque to provide a coordinated, collaborative approach to supporting a more inclusive community. This will be accomplished through the convening and facilitation of conversation with sector groups to explore ways to further equity and inclusion in their sector. This work includes the Inclusive Dubuque Network; Business Leader Equity Cohort; Employer Inclusion Council; DEI Toolkit; Community Racial Equity Profile; Julien Dubuque International Film Festival (JDIFF) Sponsorship; Rural Equity Network; Equity Speakers, Communications, and other Equity Training Opportunities; Peer -Learning Council (PLC); and Best Practices in Diversity, Equity and Inclusion. 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 Inclusive Dubuque, and authorizes the Mayor to execute the contract on behalf of the City. 2 AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND COMMUNITY FOUNDATION OF GREATER DUBUQUE THIS AGREEMENT, dated for reference purposes the 1st day of July, 2022, is made and entered into by and between City of Dubuque, Iowa (City) and the Community Foundation of Greater Dubuque (Agency). WHEREAS, City desires to engage the services of Agency to furnish professional and technical assistance in connection with Inclusive Dubuque as described in Exhibit A (Scope of Work); and WHEREAS, Agency has signified its willingness to furnish such services to City upon the terms and conditions set forth herein. NOW THEREFORE, in consideration of their mutual promises hereinafter set forth, the parties hereto agree as follows: SECTION 1. SCOPE OF SERVICE. Agency shall provide within City following services: (A) Further City's Goal of Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable; (B) Commence work upon execution of this Agreement by both parties, and fully perform the services described in Scope of Work in Exhibit A and comply with City Council goals and priorities set forth in Exhibit B; and (C)Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. SECTION 2. CITY RESPONSIBILITIES. 2.1 City designates the Human Rights 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. 06072022bal 2.2 In the event that any reports, records and maps are existing and available and are useful to carry out the work on the Scope of the Work, City shall promptly furnish such material to Agency. 2.3 City will provide opportunities to demonstrate this support by inviting the President of the 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; (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 (D)Access to City's equity toolkit. SECTION 3. TIME OF PERFORMANCE. July 1, 2022 through June 30, 2023. SECTION 4. COMPENSATION. The term of this Agreement shall be from 4.1 City shall pay Agency Seventy -Five Thousand Dollars and 00/100 ($75,000) 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 as the funds to be provided to Agency by City are public funds, the 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, in order 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. 06072022bal 6.1 Agency shall comply with the City of Dubuque'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.citVofdubuque.orgIFormCenter/Budget-1 5/Contracted- Se ry ices-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 also by any other demographic the 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, January 15th, April 15' and June 30th. 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 out 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 06072022bal 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. 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 C. CITY OF DUBUQUE, IOWA M ., rr. ATTEST: By: 44,f� 1' Adrienne Breitfelder, City Clerk 06072022bal COMMUNITY FOUNDATION OF GREATER DUBUQUE By: J/ "/_ J on Adams, Director of Finance EXHIBIT A SCOPE OF WORK Inclusive Dubuque Network The Inclusive Dubuque Network stakeholders continue to gather on a quarterly basis, providing an opportunity for network partners to share updates on DEI training opportunities, discuss recent local and national DEI issues, and share personal or organizational stories of their DEI challenges and successes. Each quarter 30-50 partners attend these network meetings. Business Leader Equity Cohort This group of executive level leaders (Presidents, C-Level executives, and business owners) continue to gather on a bi-monthly basis to discuss the impact that the changing demographics have in recruiting and retaining minority employees for their organizations and to our community. Employer Inclusion Council This regional action network is made up of human resource professionals and managers who oversee hiring and DEI initiatives in their organizations and want to collaborate with peers to deepen their work across the Dubuque region. The Business Leader Equity Cohort members recognize that to drive change, others must be engaged in generating ideas and leading initiatives. The Employer Inclusion Council was created as an opportunity for more community members to be active in these efforts. DEI Toolkit We at the Community Foundation of Greater Dubuque are on our own journey to incorporate diversity, equity, and inclusion (DEI) concepts into our work. We have collected numerous resources and learning tools that we have used in our DEI workshops for team members, and we are pleased to share them with any organization that is seeking to deepen its staff's understanding of these important issues. This is a living resource that is continuously updated and is available online. Community Racial Equity Profile Initiate a second iteration of this Equity Profile, leveraging local data, educational panels, surveys, and community dialogues to engage a diverse range of Dubuque residents on topics like housing, education, and health. All of the data and conversations during this work will be centered around the question of equity, and whether the systems in our community are enabling all residents to thrive, no matter who they are. And by comparing data and responses with similar feedback from 2015, we will highlight the persistent 06072022bal structural roots that lead to ongoing disparities, as well as identifying areas of growth and reform that have taken place over the last 7 years. Julien Dubuque International Film Festival (JDIFF) Sponsorship We've continued to be a supporter of the JDIFF, sponsoring films that highlight equity and diversity issues in our community. Use of this new medium (film), in a new venue, sparked conversation with an expanded audience about the relevance of inclusion and equity in our local community. Rural Equity Network The Rural Equity Network is a regional action network that will strengthen collaboration within and between the Community Foundation of Greater Dubuque's affiliates and community partners by exploring topics of diversity, equity, and inclusion to build informed and equitable rural communities. Equity Speakers, Communications, and other Equity Training Opportunities We will identify opportunities to coordinate with partners in the community to bring DEI speakers to Dubuque. Peer -Learning Council (PLC) Following the PLC becoming inactive during the pandemic due to many of the members leaving Dubuque, we are looking at the potential of reforming the PLC, making improvements to the groups structure, and resuming meetings. Potential activities for the PLC include: • Developing and conducting the Best Practices in DEI Training Series • Guiding the support for past and future Best Practices participants • Any other equity educational opportunities, including responses to the community regarding hate/bias incidents, community conversations, etc. Best Practices in Diversity, Equity and Inclusion We will look at the potential of restarting this eight -session peer -learning workshop, identifying what the need is among local organizations, what other trainings are offered in our community, and whether we are the best option to hold this workshop. This training series empowers individuals, businesses, non -profits, and organizations to create pathways to lead to increased self-awareness, recruitment, retention, and workplace culture around DEI concepts. These workshop sessions are led by local diversity and inclusion educators and practitioners and include local testimonials of DEI practices shared by both presenters and program participants. 06072022bal CONNECTING PEOPLE. STRENGTHENING THEI II COMMUNITY. Inclusive Dubuque Everyone deserves to live in a place where they are respected, valued and engaged in civic life. That's the philosopher that guides the Inclusive Dubuque network. Since 2D12, our diverse group of partners has worked together to drive transfcrrnationat change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. 06072022bal Why It Matters Our region is growing more diverse` However, many mi n o rity Comm un iti as i n aubuq ue have hi stori caly Lacked access to resources that enable them to thrive_ Furthermore. residents of diverse backgrounds have experienced hostilities that make them feel unwelcome. To drive economicgrowth. 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 We are conveners and collaborators, facilitating important €onversations and developing systemic solutions to equity issues,such as. - Preparing minority and first -generation college students for careers. • Improving 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 ty the Community Foundation of Greater Dubuque, Inclusive Dubuque leverages relationships with nonprofits, government entities, businesses and generous community members to realize as hared vision for Dubuque=A vibrant and inclusive region with resources and opportunities for all. 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 Accomplishrnents • Engaged more than ZS00 €ommunity members to conduct a Community Eq uity Profile that i derrtifi es residents` diverse experiences and needs. • Convened sector groups with more than9O community members to address systemic challenges related to healtK education, transportation. neighborhoods. economic well-being, and arts and culture_ • Convene a Busi n ess Leader Eq uity Cohort for local executives to build a diverse and inclusiveworkforce- Offer diversity. equity and inclusion workshops for nonprafit, civic an d bus iness profes si onals. • Sponsor and organize public events focused on fostering a communi"ide culture of inclusion. • Publish the Dubuque Cultural Resource Guide so residents can find businesses and services catering to unique racial. cultural and ethnic needs. 06072022bal EXHIBIT B 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 tap and high priorities for a 2022.2023 policy agenda as well as in -progress projects and capital projects for 2021.2023_ Robust Local Economy, Diverse Businesses and .lobs with Economic Prosperity Vibrant Community, Healthy & Safe Livable Neighborhoods and Housing: Great Place to Live Financially Responsible, high -Performance City Organization: Sustainable, Equitable, and Eff-ective Service Delivery Sustainable Environment: Pre serving and Enhancing Natural Resources Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Diverse Arts, Wture, Parks, and Recreation Experiences and Activities Connected Commi nity, Equitable Transportation, Technology Infrastructure, and Mobility 06072022bal Miracle League of Dubuque Cornex , er *r# r - F ram. 2036 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. ssio 1 Statement Dubuque city government is progressive and financially sound 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 criticaI human services- �l .w. k f. OPEP w� f N National Night AGut ti Polir Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision 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 Rehab iIitationlPreservation * Sewer System Infrastructure Upgrade (including Gatfish Creek Sanitary Sewer System) * Bee Branch Watershed Project- Next Steps + Childcare Initiative + Community Broadband Expansion # Complete Stretts Concept Implementation, 16th St_ lm St.114th t_ Railroad Overpass Project + Comprehensive Perks 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 updates to City Council. Robust Local Economy JNonogement in Progress Airport Master Plan: Apprfiwar Air Service Expansion tu&siern Bub Business Oevekprnent at the Airpurl Downtown Parkinglssues Dubuque Brewing & Ma M ing Building Far,.ade Loan Program ilpportunMy Dubuque Job Training Program: Financial Support J' G)OF iarois-7ts Dubuqua%weilront Master Plan �USFumy Gorps of Engineers] Yiking Cruive Destination Preparation 06072022bal Vibrant Community Mcinogerrmerft in Progress + CAD Conrr9Ctirlo io tik Cameras Netnork • Fire Departmerd Aocredilotkfl • Police Deparlmenl Re-AoCreditalivn:AnnuaIAssessment • Re -Imagining Police ■ Trafllc Camera System Livable Neighborhoods & Housing Management in Progress Central hEnue Belnvestmerd Strategy Dorah m Commerc ial a uil•dings Project Portaf Dubucue Resicential Project (MERGE) Safe Housing Initizirve • Hendricks Feed Site Parking Ramp • LuAEII Street Relainin&Wall Repair Financially Responsible, High - Performance City Organization; management in Progress ADA Compliance Transiiicn Report Cartegraph ONE System Assel Managemeni Sptem Expansion Centralized Tacilo Maintenance and Manager City FaciI tiesN&kSpacEPnalysis and Plan City Legislalive LobhyineAdvocacyP enda 2021 Citywide Compensation and Berreiit Pd icy and Progra m Digital Signatures ERP Sdtware Implernentaiion ■ InUisien Facility Vanagement Soltware Implementation ■ Residerd Saiislaciion Suroey Socrala Sott are Implementation Major Profects • Engine House No. I Remodel PrdW Sustainable Environment Manawmeat rrf t'=Tess Bee Branch Pollinator Celebration Emerald Ash Borer Pmgram Lead and Copper Rule Como iance Water Sa mplin j and Testing i Pollinator Habitat in Park SysiEm Public Educ-ation on BlkeablefWalkable Dubuque Reneri 000 SolarPrgram Sew InfraslnxlureAsset Managemerd Water and Resource Rearvery Center: Nutrient Traii ng Major Projects Royal Pkod Drive Water Tank I mpmvement SCADA Dverhaol: 4ititer Water Unes Extension—SoultnrestAderlal COUK05490221 Partnership for a Better Dubuque marxrgement in Progress • Civic Action Plan and Ckk Leaders Program • Greater Dub uque Development Corporation 5—year Funding Campaign Diverse Arts, Culture, Parks, and Recreation Experiences and Activities orragement in Progress • AnaKaps: Polenlial Erparrsion Area • E& Lyons Carder Partnership Development • NipliVe Community ke Center Direction major Pr4ects • Comiskey ParkProjeCl • Eagle Palley Subdivision Pa rk • English Ridge Subdivision Park • Grand River Cenier: Upgrade Piolects Connected Community Management in Progress • Crimprehmsive Pavement Preservation ■ Duporate Hangar Repair ■ Do*nlnxnParkingOrdinance • Reconstruclion of Airpud laxiwayAlpha • Tralfic Signal SynchroniraliordSTREETSProgram • Transit Yehide Replacement • Yfi-fi in f M Route Buses ajar Projects • Charenelle Road HiW8 ke Trail • CamisY�yParkPrajeCl Dupacaf0oshek Parking Project JFK Sidewalks Projed_ bristruction + Assessment WI-mEstArtEdal Upgrade { DOIj Raundabouts:Funding a. Univer0yJFennsylvania:design b. Univers YA.sbury: Design c. University lwas: Design Wash ineon Street Im prmemenis 3 F1h to 9th] 06072022bal EXHIBIT C INSURANCE SCHEDULE 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. 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 a) 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. b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." c) Include endorsement indicating that coverage is primary and non-contributory. d) Include Preservation of Governmental Immunities Endorsement (Sample attached). e) 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. f) 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. 06072022bal C) D) E) F) INSURANCE SCHEDULE G (continued) 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. 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. 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. UMBRELLA/EXCESS $1,000,000 Coverage required: —Yes 2—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. 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 06072022bal