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Travel Dubuque - Contracted Service AgreementCity of Dubuque City Council Meeting Consent Items # 017. Copyrighted June 20, 2022 ITEM TITLE: Travel Dubuque - Contracted Service Agreement SUMMARY: City Manager recommending approval of the Contracted Services Agreement with the Travel Dubuque/Dubuque Area Convention and Visitors Bureau for the City's financial support for Fiscal Year 2023. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Travel Dubuque - Contracted Service Agreement Staff Memo Type City Manager Memo Staff Memo Contracted Service Agreement Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 z0i7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contracted Services Agreement - Travel Dubuque/Dubuque Area Convention and Visitors Bureau DATE: June 15, 2022 Economic Development Director Jill Connors recommends City Council approval of the Contracted Services Agreement with the Travel Dubuque/Dubuque Area Convention and Visitors Bureau for the City's financial support for Fiscal Year 2023. The Adopted Fiscal Year 2023 operating budget provides a payment of $1,170,134 to Travel Dubuque. This amount represents 50% of the hotel/motel tax received by the City for the period of October 1, 2021, through September 30, 2022. Payment will be made to the Dubuque Area Convention and Visitors Bureau in four equal quarterly installments of $292,533.50. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org SUBJECT: Contracted Services Agreement — Travel Dubuque/Dubuque Area Convention and Visitors Bureau DATE: June 7, 2022 INTRODUCTION Attached for City Council Approval is the Contracted Services Agreement with Travel Dubuque/Dubuque Area Convention and Visitors Bureau for Fiscal Year 2023. DISCUSSION The Adopted Fiscal Year 2023 operating budget provides a payment of $1,170,134 to Travel Dubuque. This amount represents 50% of the hotel/motel tax received by the City for the period of October 1, 2021, through September 30, 2022. Payment will be made to the Dubuque Area Convention and Visitors Bureau in four equal quarterly installments of $292,533.50. 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 instead of 60 days after year-end. RECOMMENDATION/ ACTION STEP It is my recommendation that the City Council approves the attached Contracted Services Agreement with Travel Dubuque/Dubuque Area Convention and Visitors Bureau and authorizes the Mayor to execute the contract on behalf of the City. AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE AREA CONVENTION AND VISITORS BUREAU (a.k.a.TRAVEL DUBUQUE) THIS AGREEMENT, dated for reference purposes the 1st day of July 2022, is made and entered into by and between the City of Dubuque, Iowa (City), and the Dubuque Area Convention and Visitors Bureau (Agency). WHEREAS, City, as the recipient of certain hotel and motel taxes, is permitted by Iowa Code Chapter 422A, to spend such tax receipts for the promotion and encouragement of tourist and convention business in City; and WHEREAS, City has agreed to provide certain financial assistance in an amount equivalent to fifty percent (50%) of the hotel/motel tax to enable Agency to carry out such tourist and convention development on behalf of City; and WHEREAS, City has agreed to provide certain financial assistance on an annual basis as part of City's budget process to fund Sister City activities; and WHEREAS, Agency represents itself as technically and professionally qualified to provide services to effectively promote and develop the tourist and convention business for City. NOW THEREFORE, in consideration of their mutual promises hereinafter set forth, the parties hereto agree as follows: SECTION 1. SCOPE OF SERVICES. 1.1 General Duties. Agency shall: (A) Further the City of Dubuque Goal: Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity; (B) Undertake such services that are necessary and requisite to carry out a Program of Work as will be described in a Convention and Visitors Bureau Business and Marketing Plan that will be submitted to the City Manager no later than December 31, 2022; (C) Retain competent and qualified staff under appropriate supervision to plan and implement the Program of Work in an efficient and timely manner; 06092022bal (D) Maintain a Tourist Information Center throughout the entire year; (E) Continue marketing conventions at the Grand River Center and Five Flags Center, (F) Continue marketing of the National Mississippi River Museum and Aquarium; (G) Comply with City Council goals and priorities set forth in Exhibit A, and (H) Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 1.2 Sister City Activities. Agency shall. (A) Establish a Sister City Committee with Five (5) permanent members made up of one executive board member of Dubuque Area Convention and Visitors Bureau and two Dubuque Area Convention and Visitors Bureau staff members, a City Council representative, and a City staff member. Other members may be added as determined by permanent members of the Sister City Committee; (B) Provide staffing to the Sister City Committee; (C) Provide a strategic marketing effort that will allow for growth with community and corporate partners to provide a better understanding of the Sister City Committee and the benefits of having Sister Cities; (D) Undertake such Sister City activities that promote the vision and mission of the City Council with respect to diversity and global awareness and engage the mission of Sister Cities International; and (E) Engage and foster current and future Sister City relationships through communications and delegations while preserving an official relation with the City and its officials. 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 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 support for equity and inclusion by Oil 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, 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 quarterly status reports that demonstrate the ways in which Agency's efforts are advancing equity and inclusion; and (D) Access to City's equity toolkit. 2.4 Sister City Committee. (A) City will pay an annual membership in the amount of $810.00 to Sister City International. (B) City will provide two (2) permanent Committee members (a City Council representative and a City staff member). 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 to Agency fifty percent (50%) of the hotel and motel tax received by City for the period of October 1, 2021, through September 30, 2022 (total of $1,215,511). Such payment shall constitute full and complete compensation for all services to be rendered including personnel costs, travel, printing and publications, and all other expenses. 4.2 The compensation shall be paid by City to Agency in four quarterly installments of $303,877.75upon receipt by City of a requisition for such payment from Agency. Upon receipt of a requisition, such payments shall be due and payable as follows: First Uuarter The 1st day of July, 2022 Second Quarter The 1 st day of October, 2022 Third Quarter The 1 st day of January, 2023 Fourth Quarter The 1 st day of March, 2023 3 Earlier payment of the hotel motel tax may be requested by Agency to the City Manager for consideration. 4.3 Sister City Committee. City will provide an annual budget allocation of $7,500. Such compensation shall be paid by City to Agency within ten (10) days after receipt by City of a requisition for such sum from Agency. SECTION 5. AUDIT AND EVALUATION. 5.1 Inasmuch as 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, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. 5.2 Agency shall provide the Economic Development Director an annual audit report as an electronic or paper document not later than October 1, 2022. 5.3 Agency's Board shall appoint an Audit Committee. The members of the Audit Committee shall be as follows: Treasurer of Dubuque Chamber of Commerce Board, City of Dubuque Director of Finance and Budget, City of Dubuque Finance Manager, County of Dubuque Budget Director; and Treasurer of Dubuque Main Street SECTION 6. REPORTING AND MONITORING. 6.1 Agency shall provide City quarterly reports at a regularly scheduled City Council meeting detailing its activities beginning with the quarter ending September 30, 2022. 6.2 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.cityofdubugue.org/FormCenter/Budget-15/Contracted-Services- 4 Pe rfo rm a nce-Repo rt-208 6.3 The online quarterly reports shall be due on October 15th, 2022, January 15th 2023, April 15th, 2023, and July 15th, 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 Agency shall provide to City copies of studies, brochures, and other documents, which may be produced to support and/or otherwise promote the work program of Agency. 6.5 To assist in coordinating the activities of Agency with City, City's Mayor, one member of the Dubuque City Council and the City Manager shall be appointed to Agency's Board of Directors. 6.6 Agency shall appoint a Convention and Visitors Bureau Advisory committee comprising of no more than twenty-five (25) members appointed by the Board to one-year terms. The committee members shall include City of Dubuque and Dubuque County employees and representatives of the tourism and convention industry in the City of Dubuque. No City or County elected official, City or County employee or member of the Chamber of Commerce Board of Directors may serve as the chairperson. 6.7 Copies of minutes of all meetings of the Convention and Visitors Bureau Board of Directors, Advisory Committee and Audit Committee shall be filed with the City Manager within ten (10) days after each meeting. 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; rates of pay or other forms of compensation, and selectiurr rul training, including apprenticeship. 5 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 In carrying out the project, Developer 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. SECTION 8. CONFLICT OF INTEREST. No member, officer, or employee of City or their designees or agents; no member of the Dubuque City Council; and no other public official of City who exercises any function or responsibilities with respect to the program during such person's tenure shall have any interest, direct or indirect, in this Agreement or the proceeds thereof for work to be performed in connection with the program assisted under this Agreement. SECTION 9. TERMINATION OF AGREEMENT. 9.1 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. 9.2 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 10. ASSIGNABILITY. Agency shall not assign any interest in this Agreement without the prior written approval of City. SECTION 11. 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, attached as Exhibit B. X CITY OF DUBUQUE, IOWA By. jas� Brad M. anagh, Mayor ATTEST Adrienne N. Breitfelder, City Clerk DUBUQUE AREA CONVENTION AND VISITORS BUREAU i By_ l Keith Rahe, President, CEO Chairperson of the Board EXHIBIT A CITY GOALS AND PRIORITIES anrn RIMI aM� ors Over the course of three sessions in August, City Council members affirmed the IS- 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 Housing: Great Place to Live Financially Responsible, High -Performance City Organization Sustainable, Equitable, and Effective Service Delivery Sustainable Environment: Preserving and Enhancing Natural Resources Partnership for a Better Dubuque: Building Our Corni-nunity that is Viable, Livable, and Equitable Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Connected Community., Equitable Transportation, Technology Infrastructure, and Mobility 9 }j Miracle League of Dubuque Complex , Y '� l S. 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. Adiss~ion Statement Dubuque city government is progressive and financially sound with residents receiving vaIue 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. j} National Might out ' i X Policy 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 IIitatlan/Preservation • Sewer System Infrastructure Upgrade (including Catfish Creek Sanitary Sewer System) • Bee Branch Watershed Project: Next Steps • Childcare Initiative • Community Broadband Expansion • Complete Streets Concept Implementation: 16th StdElm St./14th 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 updates to City Council, 11 Robust Local Economy Management in Progress • Airport Master Plan_ Approval • Air Sarvlce Expansion to Ykttern Hub • @osiness Development at the Airport • Oownlomr Parking Issues • bomuque Brewing 6 Making Buidisg • Fayade loan Program • OpportundyDubuque Job TramlagPmgrarn,FlaaridalSupport Major Projects • Dubuque Rivertronl Master Plan (US Array Crops of Engmaors) • Viking Cruise Desliaaltoe Pniparallon Vibrant Community Management in Progress • CAD Connection to City Cameras Network • Fire DepartmentAocredltation • Police Department Re-Accradltation: Annual Assessment + Raamagtning Pdica • Traffic Camora System Livable Neighborhoods & Housing Management in Progress • Central Avenue Reinvestment Strategy • Downtown Commerc aI Buildings Project • Port of Dubuque Residential Prajaet (MERGE) • Safe lbuslr4 Initiative mkrjor Projects • Hendricks Feed Site Parking Ramp • Lonell Street Relatnrng Vial] Repair Financially Responsible, High - Performance City Organization: Management in Progress • ADA Compliance Transition Report ■ Cartegraph DABS System Asset Management System Expansion • Centralieed Facllity Maintenance and Manager ■ City FacilrlraslWwk Space Analysis and Plan • City 1.4siatho Iabbyirg/Advaeaey Agenda 2021 • Cllywide Campensolion and Berrelil Pdicy and Program • Digital Signatures • ERP Sallware implementation + InVlsionFacility Management Software Implementation • Resident Salisiaciiort Survey • Soctata Soltware Implementation Major Projects • Engine House NO. I Remodel Proecl Sustainable Environment Management in Progress • Boo Branch Pnlinalor Celebration • Enter* Ash Borer Program • toad and Copper Rule Compliance Water Sampling and tasting • Pollinator Habltal in Park System • Public Education an Blkeablaftlkable Dubuque • Ram DBQ Solar Program • Srreer In trastiuclurer Asset Management ■ We and Rasource Remarry Ceatv: Rolf ienl. Trading Major Projects • Royal Ykod Drive Water Tank Improvamenl • SCADAOver haul:'Ifater • Water lines Extension — Southwest Arterial 12 Partnership for a Setter Dubuque Management Jr; Progress • Civic Ad ion Plan and Civic Leaders Program • Greater Dubuque Development Corporation 5-year f unding Campaign Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Management in Progress • AmeriCorps: Poterdial Expansion Area + E_ B. Lyons Corner Partnership Dovelopment • Mystique Cormmranity Ice Center Direction Major Projects • Comrsuy Para. Project + Eagle Valley Subdivision Park + faglish Ridge Subdlvisiaa Park • Grand River Center: Upgrade Projects Connected Community t+ onagement in Progress ■ Comprehensive Pavement Preservation • Cm parate Hangar Repair • Doanta•nPo"iOrdinance + ReconstrudiorrofAirport Taxiway Alpha • irattr Signal Synchrenitalraod5iRE€T5 Pro ram • Transit 42hi&, Repiarement • W041 in I iced Route Buses Major Prof ects • Chasm fla, Road HilAfBikeTrall • Comistay Park Project • DupacarRoshek Paring Project • A R Sidewalks Prop. CunsLruction + Assessment • llaMIAe5t Adedal Upgrade 001) + Roundabouls: Funding a. UrdvnrsrKenresydvanl& Design bL UnieerstlylAsb".. Design � Urdvarsttyllorest De;igq • Washirgidr Street Imgfrortrfrienis i7th to 9lb) EXHIBIT B INSURANCE SCHEDULE 13 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. 14 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. 15 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. 16 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 17 EXHIBIT C INCLUSIVE DUBUQUE 18 CONNECTING PEOPLE. STRENGTHENING COMMUNITY. Inclusive Dubuque Everyone deserves to live in a place where they are respected, valued and engaged in civic life. That's the philosophy that guides the Inclusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformational change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. 19 Why It Matters Our region is growing more diverse. However, many mi n o rity comm un iti es in Dubuq ue have histori cally lacked access to resources that enable them to thrive. Furthermore, residents of diverse backgrounds have experienced hostilities that make them feel unwelcome. To drive economic growtK retain residents and affirm the humanity of all people, everyone must feel welcome and have the ability to achieve their full potential. Our Unique Role We are conveners and collaborators. facilitating important conversations 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. • Bridging language and cultural barriers so immigrants can fully participate in the community. • Preparing, attracting and retaining a diverse workforce. Hosted by the Community Foundation of Greater Dubuque, Inclusive Dubuque leverages relationships with nonprofits, government entities, businesses and generous community members to realize ashared vision for Dubuque.A vibrant and inclusive region with resources and opportunities for all. 20 How It Works Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who, through meetings, teaming opportunities and workshops, identify ways to drive equitable opportunities for all people. Our Accomplishments • Engaged more than Z,500 community members to conduct a Community Equity Profile that identifies res idents' diverse experi ences and needs. • Convened s ector groups with more than 90 community members to address systemic challenges related to health, education, transportation, neighborhoods, economic well-being, and arts and culture. • Convene a Business Leader Equity Cohort for local executives to build a diverse and inclusive workforce. • 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 Dubuque Cultural Resource Guide so residents can find businesses and services catering to unique racial, cultural and ethnic needs.