FY23 Purchase of Service Grant RecommendationsCity of Dubuque
City Council Meeting
Consent Items # 018.
Copyrighted
June 20, 2022
ITEM TITLE: FY23 Purchase of Service Grant Recommendations
SUMMARY: City Manager recommending approval of funding for the Fiscal Year
2023 Purchase of Services Grant applications as follows: Convivium
Urban Farmstead, Free Community Casseroles ($25,000.00),
Presentation Lantern Center, Upward Mobility Project to Empower Adult
Immigrants ($25,000.00), Dubuque Dream Center, In Your Life
Mentoring ($25,000.00), Friends of Fair Housing, Advocacy for Low
Income Renters ($17,080.00), Crescent Community Health Center,
Community Health Program to advance healthcare access and services
to Black/African American community residents ($7,920.00)
RESOLUTION Authorizing Execution of FY23 Purchase of Services
Grant Agreements.
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
FY23 Purchase of Service Grant Recommendations- City Manager Memo
MVM Memo
FY23 POSG Recommendations - Staff Memo Staff Memo
FY23 POSG - Resolution Resolutions
Friends of Fair Housing c/o Dubuque Rescue Mission Supporting Documentation
Agreement
Convivium Agreement Supporting Documentation
Dubuque Dream Center Agreement Supporting Documentation
Presentation Lantern Center Agreement Supporting Documentation
Crescent Agreement Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
� pp
zoo�•*o 13
zoi720zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Fiscal Year 2023 Purchase of Services Grant Recommendations &
Agreements
DATE: June 15, 2022
The Community Development Advisory Commission recommends the City Council
approve the recommended funding for the Fiscal Year 2023 Purchase of Services Grant
applications as follows:
• Convivium Urban Farmstead, Free Community Casseroles ($25,000.00)
• Presentation Lantern Center, Upward Mobility Project to Empower Adult
Immigrants ($25,000.00)
• Dubuque Dream Center, In Your Life Mentoring ($25,000.00)
• Friends of Fair Housing, Advocacy for Low Income Renters ($17,080.00)
• Crescent Community Health Center, Community Health Program to advance
healthcare access and services to Black/African American community residents
($7,920.00)
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM-sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing and Community Development Director
Dubuque
THE CITY OF
AII•Americs city
DUB E i nx
2007�2012�2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
SUBJECT: Fiscal Year 2023 Purchase of Services Grant Recommendations &
Agreements
DATE: June 6, 2022
Introduction
This memorandum transmits the Fiscal Year 2023 Purchase of Services Grant funding
recommendations as proposed by the Community Development Advisory Commission.
Purchase of Services Grant recipients partner with the City of Dubuque to provide
support for human service programs in the City of Dubuque that further the City's goals,
objectives, and priorities.
Background
The Fiscal Year 2023 budget provides $100,000 in general funds for the Purchase of
Services Grant competition to fund human service programs and activities.
The City received fourteen applications for funding for a total requested amount of
$259,730.00. A sub -committee from of Community Development Advisory Commission
(CDAC) members and City Staff reviewed applications and recommended funding four
applicants at full request, and one applicant partially with the remainder of the funding.
The CDAC met on Wednesday, May 25, 2022, and accepted the recommendation of the
review committee.
Discussion
Grant recipients agree to use Purchase of Services Grant resources to further goals
identified by the City Council.
The CDAC recommends funding for the following organizations:
• Convivium Urban Farmstead, Free Community Casseroles ($25,000.00)
• Presentation Lantern Center, Upward Mobility Project to Empower Adult
Immigrants ($25,000.00)
• Dubuque Dream Center, In Your Life Mentoring ($25,000.00)
• Friends of Fair Housing, Advocacy for Low Income Renters ($17,080.00)
• Crescent Community Health Center, Community Health Program to advance
healthcare access and services to Black/African American community residents
($7,920.00)
Recommendation
I respectfully request the City Council approve the attached Purchase of Services Grant
Agreements with the recommended organizations and authorize the Mayor to execute
the agreements on behalf of the City.
Prepared by: Maddy Haverland, Community Development Specialist
RESOLUTION NO. 224-22
RESOLUTION AUTHORIZING EXECUTION OF FY23 PURCHASE OF SERVICES
GRANT AGREEMENTS
Whereas, the following non-profit organizations prepared and submitted requests
to provide support for human service programs in the City of Dubuque:
• Convivium Urban Farmstead
• Presentation Lantern Center
• Dubuque Dream Center
• Friends of Fair Housing (c/o Dubuque Rescue Mission)
• Crescent Community Health Center; and
Whereas, the City Council approved the Fiscal Year 2023 budget that included the
Purchase of Services allocation; and
Whereas, the submissions have been approved by the Community Development
Advisory Commission on May 25, 2022; and
Whereas, all services provided will be to a minimum of 51 % low/moderate income
residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community
Development Advisory Commission beginning July 1, 2022 for Purchase of Services
Grants to the aforementioned organizations be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 20th day of June 2022.
Brad vanagh, Mayor
Attest
aW OityCl"erk
Adrienne Breittelder,
AGREEMENT
BETWEEN
HE CITY OF DUBU. •
r
• •
THIS AGREEMENT, dated for reference purposes the 1 st day of July 2022, is made
and entered into by and between the City of Dubuque, Iowa (City) and Dubuque Rescue
Mission (Agency).
WHEREAS, City desires to engage the service of Agency to provide Advocacy for Low -
Income Renters as a fiscal agent to the Friends of Fair Housing; and
WHEREAS, Agency is willing to provide such services to City upon the terms and
conditions set forth herein.
Section 1. Term.
The term of this Agreement shall be from July 1, 2022 through June 30, 2023 (Term).
Section 2. Funding.
City endeavors to provide funding to Organization to assist in accomplishing Organization's
mission and the goals outlined in this Agreement. The amount of funding that City intends to
commit to organization for FY23 is $17,080 consistent with the terms set forth above.
Section 3. Audit and Evaluation.
3.1 Because the funds provided to Organization by City are public funds, Organization will
maintain books of account in accordance with generally accepted accounting standards together
with necessary documentation to support all expenditures.
3.2 Organization will retain all financial records, reporting documents, and all other records
pertinent to the City of Dubuque Housing and Community Development Department for three (3)
calendar years after the end of the term of this Agreement. Organization must submit annual
financial statements to City.
3.3 Organization agrees that its funding request application and applicant assurances are
incorporated by reference into this Agreement.
Section 4. Equity and Inclusion.
4.1 Organization will support the City's efforts to be a viable, livable, and equitable community
and to advance equity and inclusion. The City will provide opportunities to demonstrate this
support by inviting the designated representative of the Organization to participate in the
following professional development opportunities and supporting activities:
A. Inclusive Dubuque's Best Practices in Diversity Equity and Inclusion
Workshop Series.
B. Inclusive Dubuque's peer learning opportunities and strategic efforts.
C. City's intercultural and equity workshops, including workshops focused on
developing an intercultural team with a strategic plan for advancing equity and
inclusion within the Organization and its work.
D. Assistance with final report at end of grant cycle that demonstrate ways in
which the Organization's efforts advance equity and inclusion, including data
on participation in programs that is disaggregated by race and any other
demographics the Organization has prioritized.
E. Access to the City's equity toolkit.
4.2 Organization will designate a representative to participate in the Community Development
Block Grant Consolidated Plan implementation activities as needed when adequate advanced
notice is provided. Upon execution of this Agreement, Organization will provide contact details
for this representative.
Section 5. Anti -Discrimination.
5.1 Organization will not discriminate against any employee or applicant for employment
because of race, creed, color, sex, age, national origin, religion, sexual orientation, or
disability. Organization will take affirmative action to ensure that applicants for employment and
employees are treated without regard to their race, creed, color, sex, age, national origin,
religion, sexual orientation, or disability. Such treatment includes but is not limited to, the
following: employment, promotion, demotion or transfer; rates of pay or other forms of
compensation; and selection for training or apprenticeship.
5.2 Organization will undertake affirmative measures necessary to ensure that no person,
because of race, color, religion, national origin, sex, age, sexual orientation, degree of handicap
or disability, is denied participation in, denied the benefits of, or is discriminated against in any
program or activity funded in whole or in part with any funds given to Organization under the
terms of this Agreement.
Section 6. Conflict of Interest.
No member, officer or employee of City, or its designees or agents, no member of the Dubuque
City Council and no other public official of the City who exercises any function or responsibilities
with respect to the program during such person's tenure, may have any direct or indirect interest
in this Agreement, the proceeds from this Agreement, or work performed in connection with the
program assisted under this Agreement.
Section 7 _Assignability. Organization may not assign or transfer any interest in this Agreement
without prior written approval of City.
Section 8. Acknowledgement. Organization will acknowledge City's financial support in
appropriate signage, program materials, publicity, advertising activities, websites, and other
online media pertaining to this Agreement and work performed with funds from this
Agreement. Recognition guidelines are located
at: https://www.cityofdubuque.org/2805/Funding-Recognition Organization will provide
evidence of such acknowledgement as an addendum to the Final Report,
Section 9. Goals and Priorities. The City Council Goals and Priorities are located
at: http://www.cityofdubuque.org/72/Goals-Priorities.
2
NOW THEREFORE, the parties hereto agree as follows:
Scope of Service
Agency shall:
a) further the City of Dubuque Goal of Livable Neighborhoods and Housing: Great
Place to Live;
b) provide Advocacy for Low -Income Renters as a fiscal agent to the Friends of Fair
Housing;
c) comply with City Council goals and priorities; and
d) support the City's efforts to be a viable, livable, and equitable community, and to
advance equity and inclusion.
2. City Responsibilities
City designates the Community Development Specialist, 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.
City will provide opportunities to demonstrate this support by inviting the President of the
Board of the Agency and any volunteers 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 the City,
including workshops that focus on developing an intercultural team with a strategic
plan for advancing equity and inclusion within the Agency and through the
Agency's work;
c) Assistance in creating quarterly status reports that demonstrate the ways in which
the Agency's efforts are advancing equity and inclusion; and
d) Access to the City's equity toolkit.
Time of Performance
The term of this Agreement shall be from July 1, 2022 through June 30, 2023.
4. Compensation
City shall pay Agency $17,080 as compensation for the services provided by Agency,
which payment shall constitute full and complete compensation for such services.
The compensation shall be paid by City to Agency upon receipt by City of a requisition
for such sum from Agency.
3
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.
6. Reporting and Monitoring
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.
The online quarterly reports shall be due on October 15tn, January 15'n, April 15tn
and July 15'. 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.
If Agency has an annual audit performed, Agency shall provide City a copy of the
annual audit reportwithin 60 days of audit completion. The Audit shall be submitted
as either an electronic or paper document to the Community Development
Specialist.
!g
Discrimination
In carrying out the services under this Agreement, Agency shall not discriminate against
any employee or applicant for employment because of race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. Agency shall take
affirmative action to ensure that applicants for employment are employed and that
employees are treated during employment without regard to race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. 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. Agency assures that
all qualified applicants will receive consideration for employment without regard to race,
creed, color, sex, age, national origin, religion, sexual orientation, gender identity or
disability.
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, nor 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
A race, color, creed, religion, sex, national origin, age, sexual orientation, or disability.
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 the 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 Corporation of such and specifying
the effective date thereof not less than thirty 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 -day period, this Agreement shall be deemed terminated at
the end of such thirty -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.
9. Assignability
Agency shall not assign any interest in this Agreement without the prior written approval
of City.
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 D, included as Attachment A.
5
CITY OF DUBUQUE, IOWA
01 —
Witness:
Adrienne Breitfelder, City Clerk
DUBUQUE RESCUE MISSION
Rick Mihm, Ex c tive Director
ATTACHMENT A
City of Dutruque Insurance Requirements fur Prulassiorsal Seraices
IA15U NGE SCHELiULE ,!
9.
shah famish a signed certificate of insuranca &a the City of Dubuque, tlowa far
the coverage required in Exhibit I prior to: commencing work and at the end of the project if the
term of werlc is longer than. 60 bays. Contractors presenting annual certificates shall present a
certificate at the end of each project with the final billing_ Each certificate shallbe prepared on
the most currentACORD form approved by the Iowa Department of Insurance or an equivalent
approved by the Director of Finance and Budget Each certificate shall include astatement under
Description of Operations as to why the certificate was issued_ Eg_ Project # or Project.
Location at or construction of
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 o€A-or better in the currentA_M_ Best's Rating Guide,
3.
Each: certificate shall be furbished to the Finance Department of the City of Dubuque_
Failure to provide coverage required by this Insurance Schedule shall not be deemed 'a waiver of
these requirements by the City of Dubuque Failure to obtainor maintain the required insurance
shall be consedered a material breach of this agreement..
5.
Contractors shall require all subconsuftants and sub-subconsui tants to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from: all such subconsultants and sub-subconsulta'nis_
Contractors agree that they shall be Iiable far the failure of a subconsu€cant andsub-
subconsultant to obtain and maintain such coverages. The City may request a.copy of such
certificates from the Contractor.
6.
Atl required endorsements shall be attached to certificate of insurance. -
a _
Whenever specific 180 farm is Ilsted. required the currenteditionof the form must be used... or
an equivalent forms may be substituted if approved by the Director of Finance and Budget and
subject to the contractor identifying and Fisting in writing alldeviations and exclusions. from the
ISO form.
&_
Contractors shall be required to carry the minimum coverageflimits, or greater if required by Saw
or other legal agreement, in Exhibi@ t. if the coritractor's limits of liability are higher than the
required minimum limits then the provider`s limits shall be this agreement's required limits.
g.
Contractor shall be responsibte for deductibles and self -insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below..
lo-
All certificates of insurance must include agents name. phone number. and email address.
l 1.
The City of Dubuque reserves the right to require complete. certilled copies of all requ€red.
Insurance policies, including endorsements. required by this Schedule at any time.
72
The City of Dubuque reserves the right to modify these requirements, including limits, basedon
changes in the risk or other special circumstances during the term of the agreement.. subject to
mutual agreement of the parties.
General gggrcgaie. @3mit $2:00G.4G0
Peestucs-Comp" ted Operations, Aggregate Limit $1.00,0M
Personal and Advertising Injury Limit $t,004.OM
Each Occurrence $t-GM'000
Fire Damage Limit {any one ecaurrencej S50,0M
h9edicel Payments S6.2}G3
rp Coverage shalt be written on an o=rrence. not claims made, form. The general
liability coverage shall be written in accord wroth ISO form CG 00 01 or business
owners form BP 00 02 All deviat[ ns from the standard ISO commercial general
liability fffm CG CO III, or business owners form BP 00 02, shall be ceariy
id llried.
2; Include erxdorsement indicating Trait coverage is primary and roil-connibulory.
include Preservation of Governmental Immunities EndorsomenL (Sample
attached).
A'p Include additional insured ondorsernentfoc
The C iiry of Gillauque. including ad Is elected and appointed ofhrSals, all its
employees and volunteers, all itsboards- commissions antltorauUmrit€asand
their board members, employees and volunteers. Use ISO fomn CG 20 26.
5} policy shall include Waiver of Right to Recover from. Mess endorsemoirt..
Combined Single limit $t_<kK},ffGO
Coverage shall include all €avndd, rrcrs owned, and hired vehiclas. If the Contractors.
tiusuiess does not own any vrthicles, coverage is required onn lr-awned and hired
uercicles_
1't Pulley shall include Waiver of Riiht to Recover from Ethers. aladarserosertt.
C} WORKERS` COMPENSATION & EMPLOYERS LIABILITY
Sfatutory Benefits covering all employees utwretl an the job by accident er disease as
presrxfoed by ldvraCode Chaptor 85.
rlsvorageA Statutory—S'mae of lava
CoueragoB Emplap.^ers. LCab[I6ty
Each Accident $100'M
Each Employee -Disease $tCO.M
Policy Limit -Disease $500,000
Policy shelf include Waiver of Right is RecoNor hom.Othecs eodarsernont
Coverage a on Is sPalE I greaten if requirexl hy. tYm umoreel[ar'exbase InSsrerr�
Page 2 of 4 S�+adule J P*ofassionaJ Sere^ices Septemhee 202td
a
Ff by lovta Cod® Saetlan 8S1A. the Canhac[cx isrxri required to purwwasa SN'aekers'
Canpeirsation Insurance. the Contractor shall have a copy of the Stafe's Nonefection or
6lorkers" Compensation or Employers' Liability Coverage form on file with the Iowa
4rforkers' Compensation msurmace Commissioner. asrequired by Iowa Cede Section
722 Como€etad form must be attached
D} UMBi2ELtAfEXGE53 LIA6IL12Y S4.OL,f�
T7te'Genera[ Liability. Au[omobl[e Leahllaty 2nd VdorKers. C.ompcnsatian Insuranca
requirements may be satisled with a combination of primaryand Umbrella or Excess
Liability Insurance_ If the Umbrella or Excess Insurance policy does not follow the farm of
[ftie pnmary pohaes, it shall Include t ne same endorsements as required of the primary
polmles inctudirxt Waiver of Subrogation and Primary and Non ontnbutary u, favor of the
City.
Ej PI?OFES5i4NAL LIABIl18Y 3?.flg4.flr44
kf the required policyprovitl� claims-madecaveraoe:
F) The Retroaclosic Dace must be shown aryl must be before the dais of the
agreement
<^} Insurance must be matrrtarned and evidenceof insurance must be provided far at
least five (5) years after cornple son of the work or services.
3"? if coverage is ranco[ed ar nororenewed and not replaced with another claims -
made policy farm math a Retroactive Fats prior to the data of the agreement, the:
oontracbrr must provide `extended repontrig` coverage for a minimum of Eve (5)
gears after completion of the work or services.
F7 GYBER LIABILtSTPBREACI% $3.000.000
Yes No
Coverage for Frost amd Third Parry Ilabdiry entludtng but mat lFmtted V.F ias4 data and
restoration. Sass -of income and cyber breach of infomta4on.
Page3of� SchedWeJ Professional Services Septemta€202fl
7. Nonwalverof Governmental Efnmanih•. The usurer efro ressByagrees and9 states that the purchase
of this policy and the lnduning of Vic City ofDubuque• Iowa as an Additional Insu€ed does not waive any
of the defenses Or govemmenex Minorri� a-vailable 10 Me City of Dubuque, Iowa under Code of Iowa
Section 670..4 as it is now exists and asit may be amended from time to lime.
2.. C€aims CoveraQe. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to tl e defense Of governmental immunity under the Cade of towea Section 6704 as. a
now exists and as it may be amended from time to time. These ctat" not subject to Code of Iowa
Section 670_4 shall be covered by the usrms and conditions of mis insurance policy-
3- Assertion of Government Immunity- The City of Dubuque_ lava shall beresponsible 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 Ceveraoe The insurer shall mit deny coverage under this policy and the insurer
shall not den, any of the rights and ber€efits accruingto she City of Dubuque. Iowa under this policy for
reasons of governmental immunity unless and until a court of competent Jurisdiction has nded in favor of
the deforsse(s;: of governmental immunity asserted uy the City of Dubuque.. tows
No Other Chanoe In Pohcv. The above preservation of governmental immunities shall not otheewise
change oralter the coverage available under the policy_
{QEPAIiY�tENT GERr FILL IN ALL BIIWBKS A.N6 CIiECY. BOXES}
Pogo 4 of 4 Schodule J Protesslonal Services Septembe€2A2ti
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CONVIVIUM URBAN FARMSTEAD
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 Convivium Urban
Farmstead (Agency).
WHEREAS, City desires to engage the service of Agency to provide free casseroles to
low- and moderate -income community members; and
WHEREAS, Agency is willing to provide such services to City upon the terms and
conditions set forth herein.
Section 1. Term.
The term of this Agreement shall be from July 1, 2022 through June 30, 2023 (Term).
Section 2. Funding.
City endeavors to provide funding to Organization to assist in accomplishing Organization's
mission and the goals outlined in this Agreement. The amount of funding that City intends to
commit to organization for FY22 is $25,000 consistent with the terms set forth above.
Section 3. Audit and Evaluation.
3.1 Because the funds provided to Organization by City are public funds, Organization will
maintain books of account in accordance with generally accepted accounting standards together
with necessary documentation to support all expenditures.
3.2 Organization will retain all financial records, reporting documents, and all other records
pertinent to the City of Dubuque Housing and Community Development Department for three (3)
calendar years after the end of the term of this Agreement. Organization must submit annual
financial statements to City.
3.3 Organization agrees that its funding request application and applicant assurances are
incorporated by reference into this Agreement.
Section 4. Equity and Inclusion.
4.1 Organization will support the City's efforts to be a viable, livable, and equitable community
and to advance equity and inclusion. The City will provide opportunities to demonstrate this
support by inviting the designated representative of the Organization to participate in the
following professional development opportunities and supporting activities:
A. Inclusive Dubuque's Best Practices in Diversity Equity and Inclusion
Workshop Series.
B. Inclusive Dubuque's peer learning opportunities and strategic efforts.
1
C. City's intercultural and equity workshops, including workshops focused on
developing an intercultural team with a strategic plan for advancing equity and
inclusion within the Organization and its work.
D. Assistance with final report at end of grant cycle that demonstrate ways in
which the Organization's efforts advance equity and inclusion, including data
on participation in programs that is disaggregated by race and any other
demographics the Organization has prioritized.
E. Access to the City's equity toolkit.
4.2 Organization will designate a representative to participate in the Community Development
Block Grant Consolidated Plan implementation activities as needed when adequate advanced
notice is provided. Upon execution of this Agreement, Organization will provide contact details
for this representative.
Section 5. Anti -Discrimination.
5.1 Organization will not discriminate against any employee or applicant for employment
because of race, creed, color, sex, age, national origin, religion, sexual orientation, or
disability. Organization will take affirmative action to ensure that applicants for employment and
employees are treated without regard to their race, creed, color, sex, age, national origin,
religion, sexual orientation, or disability. Such treatment includes but is not limited to, the
following: employment, promotion, demotion or transfer; rates of pay or other forms of
compensation; and selection for training or apprenticeship.
5.2 Organization will undertake affirmative measures necessary to ensure that no person,
because of race, color, religion, national origin, sex, age, sexual orientation, degree of handicap
or disability, is denied participation in, denied the benefits of, or is discriminated against in any
program or activity funded in whole or in part with any funds given to Organization under the
terms of this Agreement.
Section 6. Conflict of Interest.
No member, officer or employee of City, or its designees or agents, no member of the Dubuque
City Council and no other public official of the City who exercises any function or responsibilities
with respect to the program during such person's tenure, may have any direct or indirect interest
in this Agreement, the proceeds from this Agreement, or work performed in connection with the
program assisted under this Agreement.
Section 7._Assignability. Organization may not assign or transfer any interest in this Agreement
without prior written approval of City.
Section 8. Acknowledgement. Organization will acknowledge City's financial support in
appropriate signage, program materials, publicity, advertising activities, websites, and other
online media pertaining to this Agreement and work performed with funds from this
Agreement. Recognition guidelines are located
at: https://www.cityofdubuque.org/2805/Funding-Recognition Organization will provide
evidence of such acknowledgement as an addendum to the Final Report.
Section 9. Goals and Priorities. The City Council Goals and Priorities are located
at: http://www.cityofdubuque.org/72/Goals-Priorities.
2
NOW THEREFORE, the parties hereto agree as follows:
Scope of Service
Agency shall:
a) further the City of Dubuque Goal of Vibrant Community: Healthy and Safe;
b) provide expansion of the Free Community Casserole Program;
c) comply with City Council goals and priorities; and
d) support the City's efforts to be a viable, livable, and equitable community, and to
advance equity and inclusion.
2. City Responsibilities
City designates the Community Development Specialist, 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.
City will provide opportunities to demonstrate this support by inviting the President of the
Board of the Agency and any volunteers 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 the City,
including workshops that focus on developing an intercultural team with a strategic
plan for advancing equity and inclusion within the Agency and through the
Agency's work;
c) Assistance in creating quarterly status reports that demonstrate the ways in which
the Agency's efforts are advancing equity and inclusion; and
d) Access to the City's equity toolkit.
3. Time of Performance
The term of this Agreement shall be from July 1, 2022 through June 30, 2023.
4. Compensation
City shall pay Agency $25,000 as compensation for the services provided by Agency,
which payment shall constitute full and complete compensation for such services.
The compensation shall be paid by City to Agency upon receipt by City of a requisition
for such sum from Agency.
5. Audit and Evaluation
3
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.
6. Reporting and Monitoring
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.
The online quarterly reports shall be due on October 15t", January 15t", April 15t",
and July 15t". 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.
If Agency has an annual audit performed, Agency shall provide City a copy of the
annual audit report within 60 days of audit completion. The Audit shall be submitted
as either an electronic or paper document to the Community Development
Specialist.
12
7. Discrimination
In carrying out the services under this Agreement, Agency shall not discriminate against
any employee or applicant for employment because of race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. Agency shall take
affirmative action to ensure that applicants for employment are employed and that
employees are treated during employment without regard to race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. 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. Agency assures that
all qualified applicants will receive consideration for employment without regard to race,
creed, color, sex, age, national origin, religion, sexual orientation, gender identity or
disability.
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, nor 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 race, color, creed, religion, sex, national origin, age, sexual orientation, or disability.
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 the 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 Corporation of such and specifying
the effective date thereof not less than thirty 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 -day period, this Agreement shall be deemed terminated at
the end of such thirty -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.
9. Assignability
Agency shall not assign any interest in this Agreement without the prior written approval
of City.
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 D, included as Attachment A.
5
CITY OF DUBUQUE, IOWA
Witness:
,i 1
Adrienne Breitfelder, City Clerk
CONVIVIUM URBAN FARMSTEAD
Leslie Shalabi, Executive Director
ATTACHMENT A
City of Dubuque Inskrrance Requirements for Prof essionaI Services
INSURANCE SCHEDULE J
shall fumish a signed certiflcate of insurance ld the City of Dubuque, lows for
the: coverage required in Exhlbit I prior to commencing work and all. the end of the project If the
term of work is longer than 60 days_ Contractors presenting annual certificates shall present a
certificate at the end of each project with the final blllIng_ Earh certificate shall be prepared on
the most current ACORD form approved by the town Department of Insurance or an -equivalent
approved by the Director of FInance and Budget_ Each .ertifleate shall include a statement under
Oestriptian of Operatibrls as 16 why the certificate was issued. Eg= Projjeo't N or Project
Locatlon at or construction of
2_ Alf policies of Insurance required hereunder shall be with an Insurerauftri d to do business in
Iowa and all insurers shall have a rating of A or betleF in the currentA.M- Best's Rating Guide_
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque_
4_ Faiture to provide coverage required by this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach of this agreement.
5_ Contractors shall requlre all subconsultants and sub-su bconsultan ts to Obtain and maintain during
the performance of work insurance for the coverages described in this tnsuranoe Schedule and
shall obtain certificates of insurances from all such subcbnsultanls and sub-subconsultants_
Contractors agree that they shall be liable for the failure of a su bconsullan t and sub-
subconsultant to obtain and maintain such o0verages. The City may request a copy of such
certificates from the Contractor.
6_ All required endorsements shall be attached to certificate of insurance.
7_ Whenever a speclflc ISO farm is dated, required the current edition of the form must be used, or
an equivalent form may be substituted if approved by the Director of Finance and Budget and
subject to the contractor Identlfying and Ilsting in wrMng all deviatlons and exclusions from the
ISO form.
8_ Contractors shall be required to carry the minimum coverageltlmils, or greater if required by law
or other legal agreement, In Exhibit I_ If the contractor's limits of liability are higher than the
required minimum limits then the provider's Ilmits shall be this a+gmemenfs required limits.
9_ Contractor shall be responsible for deduchbles and self -Insured retention for payment of all policy
premiums and other cost assoalated with the insurance pollcier, required below.
10. All certificates of insurance roust include agents name, phone number, and email address.
11. 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.
12. The City of Dubuque reserves the right to modify these requlremenls, including limits, based on
changer, In the rlskorother special circumstances dunnig the term of the agreement, subject to
mutual agreement of the parties_
7
City of Dubuquo Insurance Raciukremenis for Profess ion a Services
INSURANCE SCHEDULE J (continued)
ExIYIbEt J
A) COMMERCIAL GENERAL LIABILJTY
General Aggregate Limit $2-000,000
Products-C(mpteted Operations Aggregate Limil $1-OD0,000
Personal and Advertising Injury Limit $11-wo,400
Each Occurrence $1-000.OW
FlreDamage Li mil tang oneoccurtence) 550OW
Medical Payments 3500
t f Coverage shall be written on an occurrence. not clalrns made- form. The general
liability coverage shall be written In accord with ISO form CG 00 01 or business
owners form SP 00 02. All deviations from the standard ISO commercial general
liability form C G 04 01, or business owners form BP CO 02, shall be otea rty
identiFed-
2) Include endorse mentindicating chat coverage is primary and non-onlrlbutory-
3f Include Preservation of Governmantal Immunities Endorsement. (Sample
attached)-
4 Include additlonal insured endorsement for -
The City of Dubuque, including ail its elected and appointed officials, all its
employees and volunteers- all its boards. commissions andeor authorloes and
their board members- employees and volunteers. Lase ISO form GG 20 26.
51 Policy steal l include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIAR111JTY
Combined Single Lrrrrit $i-0DD,000
Coverage sliall Include all awned, non -owned- and hired vehicles- If the Contractors
busyness does not own any vehicles, coverage is required an non -owned and hired
vehicles.
t l Policy shall include Waiyer of Right to Recover from Others endorsement.
Gl WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits oo-venN all employees Inured on the fob t►y accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —state of Iowa
Coverage B Employers Liabolity
E@eh Accident $$00,040
Each Employee -disease $i00,000
Policy Limit -Disease $500,4DO
Policy shah ynclude Waiver of Fight to Recover frarn Others endorsement.
Coverage 8 limits shall be greater if required by the umbreltal'excess insurer.
RIO
Page 2 of Schedule J Professional Services September 2020
City of Dubuque Insurance Roquiramerus for Prof ass ion a Services
INSURANCE SCHEDULE J {continued}
Ef bk Iowa Code Section d5.1A. trio Contractor rs not required to ¢urchase Workers'
Compensation Insura nee, the Contractor shall MaVe a copy of the Slate's Nonefection of
Workers' Compensation or Employers' Liatnlity Coverage form on file with the Iowa
Workers' Compensation Insurance Cornmissrone€_ as required by Iowa Code Section
67.22_ Comoreted form must be attached.
D) UMBRELLIVEXCESS LIABILITY $I_00o,om
The General Wbilrty, AutomoblleLrabllFty and Workefs Compensation Insurance
requirements may be satisfPed with a cemmnationof primary and Umbrallaor Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow L} a form of
the primary policies, it shall include the sarne endorsemianls as required of the primary
policies inauding Waiver of Subrogation and Primary and Non-cantnbutorr wn favor of the
City.
E} PROFESSIONAL LIABILITY $1_00I.000
if the required policy provides claims -made coverage_
1) The Retroactrae dale must be shown and must be before the date of the
agreement.
2) Insurance must be mamtawned and evidence of insurance roust be provided for at
least five (�) years after complelton of the work or services.
3) If coverage is canceled or non-fenewed and not replaced with another claims -
made policy form with a ReUoactive Date pnor 10 the date of the agreement, the
contractor must provide 'extended reporting' coverage for a minimum of five (5)
years after cornpletion of the work or services.
F) CYRERLIABILIMBREACH $1_0bl}.oat}
Page 3 of 4
Yes No
Coverage for FLrst and Third Party liability including but not limited to last data and
restoraatton, loss of income and cyber breach of informaLon.
Schedule J Professional Services Septeramr 2024
City of Du"uo Insurance Raquiraments for Prof ass lonal Sarvlcas
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governrnental Im mu nits. The insurer expressly agrees and statss that the purchase
of this pulley and the inctudrng of the Clay of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of govemmental immunity available to the City of Dubuque, Iowa under Cote of Iowa
Section 670.4 as it is now exists and as it may be a mended from Unie to time.
2. Cfaims Caveraoe. The insurer further agrees that this policyr of Lnsurance shalt cover only those
claims not suulenct to the defense of governmental immunity under the Code of Iowa Section 670A as it
now exists and as it rnayr be amended from tirne to time_ Those aarnns not subject to Cade of loin
Section 670.4 shall be covered by the terms and conditions of thks insurance policy.
3. Assertion of Government Immunity- The City of Dtjbuqua, Iowa sharl be responsible for asserting
any defense of governmental. immunity. and may do so at any tirne grid 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 benetrts aeerurng to the City of Dubuque. Iowa under this policy for
reasons of governmental immunity unless and until a court a€ competent junsdretion has ruled in Favor of
the defenses) of governments I Immunity asserted by the City of Dubuque, Iowa.
No Other Change In Nlicy. The above preservation of governmental Immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER' FILL IN ALL SLANKS AND CHECK BOXES)
Page 4 of Schedule J Professional Services September 2020
10
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE DREAM CENTER
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 Dubuque Dream Center
(Agency).
WHEREAS, City desires to engage the service of Agency to provide the In Your Life
Mentoring Program; and
WHEREAS, Agency is willing to provide such services to City upon the terms and
conditions set forth herein.
Section 1. Term.
The term of this Agreement shall be from July 1, 2022 through June 30, 2023 (Term).
Section 2. Funding.
City endeavors to provide funding to Organization to assist in accomplishing Organization's
mission and the goals outlined in this Agreement. The amount of funding that City intends to
commit to organization for FY22 is $25,000 consistent with the terms set forth above.
Section 3. Audit and Evaluation.
3.1 Because the funds provided to Organization by City are public funds, Organization will
maintain books of account in accordance with generally accepted accounting standards together
with necessary documentation to support all expenditures.
3.2 Organization will retain all financial records, reporting documents, and all other records
pertinent to the City of Dubuque Housing and Community Development Department for three (3)
calendar years after the end of the term of this Agreement. Organization must submit annual
financial statements to City.
3.3 Organization agrees that its funding request application and applicant assurances are
incorporated by reference into this Agreement.
Section 4. Equity and Inclusion.
4.1 Organization will support the City's efforts to be a viable, livable, and equitable community
and to advance equity and inclusion. The City will provide opportunities to demonstrate this
support by inviting the designated representative of the Organization to participate in the
following professional development opportunities and supporting activities:
A. Inclusive Dubuque's Best Practices in Diversity Equity and Inclusion
Workshop Series.
B. Inclusive Dubuque's peer learning opportunities and strategic efforts.
1
C. City's intercultural and equity workshops, including workshops focused on
developing an intercultural team with a strategic plan for advancing equity and
inclusion within the Organization and its work.
D. Assistance with final report at end of grant cycle that demonstrate ways in
which the Organization's efforts advance equity and inclusion, including data
on participation in programs that is disaggregated by race and any other
demographics the Organization has prioritized.
E. Access to the City's equity toolkit.
4.2 Organization will designate a representative to participate in the Community Development
Block Grant Consolidated Plan implementation activities as needed when adequate advanced
notice is provided. Upon execution of this Agreement, Organization will provide contact details
for this representative.
Section 5. Anti -Discrimination.
5.1 Organization will not discriminate against any employee or applicant for employment
because of race, creed, color, sex, age, national origin, religion, sexual orientation, or
disability. Organization will take affirmative action to ensure that applicants for employment and
employees are treated without regard to their race, creed, color, sex, age, national origin,
religion, sexual orientation, or disability. Such treatment includes but is not limited to, the
following: employment, promotion, demotion or transfer; rates of pay or other forms of
compensation; and selection for training or apprenticeship.
5.2 Organization will undertake affirmative measures necessary to ensure that no person,
because of race, color, religion, national origin, sex, age, sexual orientation, degree of handicap
or disability, is denied participation in, denied the benefits of, or is discriminated against in any
program or activity funded in whole or in part with any funds given to Organization under the
terms of this Agreement.
Section 6. Conflict of Interest.
No member, officer or employee of City, or its designees or agents, no member of the Dubuque
City Council and no other public official of the City who exercises any function or responsibilities
with respect to the program during such person's tenure, may have any direct or indirect interest
in this Agreement, the proceeds from this Agreement, or work performed in connection with the
program assisted under this Agreement.
Section 7._Assignability. Organization may not assign or transfer any interest in this Agreement
without prior written approval of City.
Section 8. Acknowledgement. Organization will acknowledge City's financial support in
appropriate signage, program materials, publicity, advertising activities, websites, and other
online media pertaining to this Agreement and work performed with funds from this
Agreement. Recognition guidelines are located
at: https://www.cityofdubuque.org/2805/Funding-Recognition Organization will provide
evidence of such acknowledgement as an addendum to the Final Report.
Section 9. Goals and Priorities. The City Council Goals and Priorities are located
at: http://www.cityofdubuque.org/72/Goals-Priorities.
2
NOW THEREFORE, the parties hereto agree as follows:
Scope of Service
Agency shall:
a) further the City of Dubuque Goal of Vibrant Community: Healthy and Safe;
b) provide expansion of the In Your Life Mentoring Program;
c) comply with City Council goals and priorities; and
d) support the City's efforts to be a viable, livable, and equitable community, and to
advance equity and inclusion.
2. City Responsibilities
City designates the Community Development Specialist, 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.
City will provide opportunities to demonstrate this support by inviting the President of the
Board of the Agency and any volunteers 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 the City,
including workshops that focus on developing an intercultural team with a strategic
plan for advancing equity and inclusion within the Agency and through the
Agency's work;
c) Assistance in creating quarterly status reports that demonstrate the ways in which
the Agency's efforts are advancing equity and inclusion; and
d) Access to the City's equity toolkit.
3. Time of Performance
The term of this Agreement shall be from July 1, 2022 through June 30, 2023.
4. Compensation
City shall pay Agency $25,000 as compensation for the services provided by Agency,
which payment shall constitute full and complete compensation for such services.
The compensation shall be paid by City to Agency upon receipt by City of a requisition
for such sum from Agency.
5. Audit and Evaluation
3
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.
6. Reporting and Monitoring
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.
The online quarterly reports shall be due on October 15t", January 15t", April 15t",
and July 15t". 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.
If Agency has an annual audit performed, Agency shall provide City a copy of the
annual audit report within 60 days of audit completion. The Audit shall be submitted
as either an electronic or paper document to the Community Development
Specialist.
12
7. Discrimination
In carrying out the services under this Agreement, Agency shall not discriminate against
any employee or applicant for employment because of race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. Agency shall take
affirmative action to ensure that applicants for employment are employed and that
employees are treated during employment without regard to race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. 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. Agency assures that
all qualified applicants will receive consideration for employment without regard to race,
creed, color, sex, age, national origin, religion, sexual orientation, gender identity or
disability.
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, nor 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 race, color, creed, religion, sex, national origin, age, sexual orientation, or disability.
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 the 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 Corporation of such and specifying
the effective date thereof not less than thirty 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 -day period, this Agreement shall be deemed terminated at
the end of such thirty -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.
9. Assignability
Agency shall not assign any interest in this Agreement without the prior written approval
of City.
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 D, included as Attachment A.
5
CITY OF DUBUQUE, IOWA
Brad M. Cqv-04gh, Mayor
Witness:
Adrienne Breitfelder, City Clerk
0
DUBUQUE DREAM CENTER
zV-��)
Robert Kimble, Executive Director
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
PRESENTATION LANTERN CENTER
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 Presentation Lantern
Center (Agency).
WHEREAS, City desires to engage the service of Agency to provide the Upward Mobility
Project to Empower Adult Immigrants; and
WHEREAS, Agency is willing to provide such services to City upon the terms and
conditions set forth herein.
Section 1. Term.
The term of this Agreement shall be from July 1, 2022 through June 30, 2023 (Term).
Section 2. Funding.
City endeavors to provide funding to Organization to assist in accomplishing Organization's
mission and the goals outlined in this Agreement. The amount of funding that City intends to
commit to organization for FY23 is $25,000 consistent with the terms set forth above.
Section 3. Audit and Evaluation.
3.1 Because the funds provided to Organization by City are public funds, Organization will
maintain books of account in accordance with generally accepted accounting standards together
with necessary documentation to support all expenditures.
3.2 Organization will retain all financial records, reporting documents, and all other records
pertinent to the City of Dubuque Housing and Community Development Department for three (3)
calendar years after the end of the term of this Agreement. Organization must submit annual
financial statements to City.
3.3 Organization agrees that its funding request application and applicant assurances are
incorporated by reference into this Agreement.
Section 4. Equity and Inclusion.
4.1 Organization will support the City's efforts to be a viable, livable, and equitable community
and to advance equity and inclusion. The City will provide opportunities to demonstrate this
support by inviting the designated representative of the Organization to participate in the
following professional development opportunities and supporting activities:
A. Inclusive Dubuque's Best Practices in Diversity Equity and Inclusion
Workshop Series.
B. Inclusive Dubuque's peer learning opportunities and strategic efforts.
1
C. City's intercultural and equity workshops, including workshops focused on
developing an intercultural team with a strategic plan for advancing equity and
inclusion within the Organization and its work.
D. Assistance with final report at end of grant cycle that demonstrate ways in
which the Organization's efforts advance equity and inclusion, including data
on participation in programs that is disaggregated by race and any other
demographics the Organization has prioritized.
E. Access to the City's equity toolkit.
4.2 Organization will designate a representative to participate in the Community Development
Block Grant Consolidated Plan implementation activities as needed when adequate advanced
notice is provided. Upon execution of this Agreement, Organization will provide contact details
for this representative.
Section 5. Anti -Discrimination.
5.1 Organization will not discriminate against any employee or applicant for employment
because of race, creed, color, sex, age, national origin, religion, sexual orientation, or
disability. Organization will take affirmative action to ensure that applicants for employment and
employees are treated without regard to their race, creed, color, sex, age, national origin,
religion, sexual orientation, or disability. Such treatment includes but is not limited to, the
following: employment, promotion, demotion or transfer; rates of pay or other forms of
compensation; and selection for training or apprenticeship.
5.2 Organization will undertake affirmative measures necessary to ensure that no person,
because of race, color, religion, national origin, sex, age, sexual orientation, degree of handicap
or disability, is denied participation in, denied the benefits of, or is discriminated against in any
program or activity funded in whole or in part with any funds given to Organization under the
terms of this Agreement.
Section 6. Conflict of Interest.
No member, officer or employee of City, or its designees or agents, no member of the Dubuque
City Council and no other public official of the City who exercises any function or responsibilities
with respect to the program during such person's tenure, may have any direct or indirect interest
in this Agreement, the proceeds from this Agreement, or work performed in connection with the
program assisted under this Agreement.
Section 7._Assignability. Organization may not assign or transfer any interest in this Agreement
without prior written approval of City.
Section 8. Acknowledgement. Organization will acknowledge City's financial support in
appropriate signage, program materials, publicity, advertising activities, websites, and other
online media pertaining to this Agreement and work performed with funds from this
Agreement. Recognition guidelines are located
at: https://www.cityofdubuque.org/2805/Funding-Recognition Organization will provide
evidence of such acknowledgement as an addendum to the Final Report.
Section 9. Goals and Priorities. The City Council Goals and Priorities are located
at: http://www.cityofdubuque.org/72/Goals-Priorities.
2
NOW THEREFORE, the parties hereto agree as follows:
Scope of Service
Agency shall:
a) further the City of Dubuque Goal of Partnership for a Better Dubuque: Building
our Community that is Viable, Livable, and Equitable;
b) provide expansion of the Upward Mobility Project to Empower Adult Immigrants;
c) comply with City Council goals and priorities; and
d) support the City's efforts to be a viable, livable, and equitable community, and to
advance equity and inclusion.
2. City Responsibilities
City designates the Community Development Specialist, 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.
City will provide opportunities to demonstrate this support by inviting the President of the
Board of the Agency and any volunteers 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 the City,
including workshops that focus on developing an intercultural team with a strategic
plan for advancing equity and inclusion within the Agency and through the
Agency's work;
c) Assistance in creating quarterly status reports that demonstrate the ways in which
the Agency's efforts are advancing equity and inclusion; and
d) Access to the City's equity toolkit.
3. Time of Performance
The term of this Agreement shall be from July 1, 2022 through June 30, 2023.
4. Compensation
City shall pay Agency $25,000 as compensation for the services provided by Agency,
which payment shall constitute full and complete compensation for such services.
The compensation shall be paid by City to Agency upon receipt by City of a requisition
for such sum from Agency.
5. Audit and Evaluation
3
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.
6. Reporting and Monitoring
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.
The online quarterly reports shall be due on October 15t", January 15t", April 15t",
and July 15t". 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.
If Agency has an annual audit performed, Agency shall provide City a copy of the
annual audit report within 60 days of audit completion. The Audit shall be submitted
as either an electronic or paper document to the Community Development
Specialist.
12
7. Discrimination
In carrying out the services under this Agreement, Agency shall not discriminate against
any employee or applicant for employment because of race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. Agency shall take
affirmative action to ensure that applicants for employment are employed and that
employees are treated during employment without regard to race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. 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. Agency assures that
all qualified applicants will receive consideration for employment without regard to race,
creed, color, sex, age, national origin, religion, sexual orientation, gender identity or
disability.
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, nor 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 race, color, creed, religion, sex, national origin, age, sexual orientation, or disability.
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 the 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 Corporation of such and specifying
the effective date thereof not less than thirty 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 -day period, this Agreement shall be deemed terminated at
the end of such thirty -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.
9. Assignability
Agency shall not assign any interest in this Agreement without the prior written approval
of City.
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 D, included as Attachment A.
5
CITY OF DUBUQUE, IOWA
Brad -M. Y!oKagh, Mayor
Witness:
�� 0, P-4-
Adrienne Breitfelder. City Clerk
PRESENTATION LANTERN CENTER
1�14Y/ v
Megan Vuiz, Executive D 6or
ATTACHMENT A
City of Dubuque Inskrrance Requirements for Prof essionaI Services
INSURANCE SCHEDULE J
shall fumish a signed certiflcate of insurance ld the City of Dubuque, lows for
the: coverage required in Exhlbit I prior to commencing work and all. the end of the project If the
term of work is longer than 60 days_ Contractors presenting annual certificates shall present a
certificate at the end of each project with the final blllIng_ Earh certificate shall be prepared on
the most current ACORD form approved by the town Department of Insurance or an -equivalent
approved by the Director of FInance and Budget_ Each .ertifleate shall include a statement under
Oestriptian of Operatibrls as 16 why the certificate was issued. Eg= Projjeo't N or Project
Locatlon at or construction of
2_ Alf policies of Insurance required hereunder shall be with an Insurerauftri d to do business in
Iowa and all insurers shall have a rating of A or betleF in the currentA.M- Best's Rating Guide_
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque_
4_ Faiture to provide coverage required by this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach of this agreement.
5_ Contractors shall requlre all subconsultants and sub-su bconsultan ts to Obtain and maintain during
the performance of work insurance for the coverages described in this tnsuranoe Schedule and
shall obtain certificates of insurances from all such subcbnsultanls and sub-subconsultants_
Contractors agree that they shall be liable for the failure of a su bconsullan t and sub-
subconsultant to obtain and maintain such o0verages. The City may request a copy of such
certificates from the Contractor.
6_ All required endorsements shall be attached to certificate of insurance.
7_ Whenever a speclflc ISO farm is dated, required the current edition of the form must be used, or
an equivalent form may be substituted if approved by the Director of Finance and Budget and
subject to the contractor Identlfying and Ilsting in wrMng all deviatlons and exclusions from the
ISO form.
8_ Contractors shall be required to carry the minimum coverageltlmils, or greater if required by law
or other legal agreement, In Exhibit I_ If the contractor's limits of liability are higher than the
required minimum limits then the provider's Ilmits shall be this a+gmemenfs required limits.
9_ Contractor shall be responsible for deduchbles and self -Insured retention for payment of all policy
premiums and other cost assoalated with the insurance pollcier, required below.
10. All certificates of insurance roust include agents name, phone number, and email address.
11. 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.
12. The City of Dubuque reserves the right to modify these requlremenls, including limits, based on
changer, In the rlskorother special circumstances dunnig the term of the agreement, subject to
mutual agreement of the parties_
7
City of Dubuquo Insurance Raciukremenis for Profess ion a Services
INSURANCE SCHEDULE J (continued)
ExIYIbEt J
A) COMMERCIAL GENERAL LIABILJTY
General Aggregate Limit $2-000,000
Products-C(mpteted Operations Aggregate Limil $1-OD0,000
Personal and Advertising Injury Limit $11-wo,400
Each Occurrence $1-000.OW
FlreDamage Li mil tang oneoccurtence) 550OW
Medical Payments 3500
t f Coverage shall be written on an occurrence. not clalrns made- form. The general
liability coverage shall be written In accord with ISO form CG 00 01 or business
owners form SP 00 02. All deviations from the standard ISO commercial general
liability form C G 04 01, or business owners form BP CO 02, shall be otea rty
identiFed-
2) Include endorse mentindicating chat coverage is primary and non-onlrlbutory-
3f Include Preservation of Governmantal Immunities Endorsement. (Sample
attached)-
4 Include additlonal insured endorsement for -
The City of Dubuque, including ail its elected and appointed officials, all its
employees and volunteers- all its boards. commissions andeor authorloes and
their board members- employees and volunteers. Lase ISO form GG 20 26.
51 Policy steal l include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIAR111JTY
Combined Single Lrrrrit $i-0DD,000
Coverage sliall Include all awned, non -owned- and hired vehicles- If the Contractors
busyness does not own any vehicles, coverage is required an non -owned and hired
vehicles.
t l Policy shall include Waiyer of Right to Recover from Others endorsement.
Gl WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits oo-venN all employees Inured on the fob t►y accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —state of Iowa
Coverage B Employers Liabolity
E@eh Accident $$00,040
Each Employee -disease $i00,000
Policy Limit -Disease $500,4DO
Policy shah ynclude Waiver of Fight to Recover frarn Others endorsement.
Coverage 8 limits shall be greater if required by the umbreltal'excess insurer.
RIO
Page 2 of Schedule J Professional Services September 2020
City of Dubuque Insurance Roquiramerus for Prof ass ion a Services
INSURANCE SCHEDULE J {continued}
Ef bk Iowa Code Section d5.1A. trio Contractor rs not required to ¢urchase Workers'
Compensation Insura nee, the Contractor shall MaVe a copy of the Slate's Nonefection of
Workers' Compensation or Employers' Liatnlity Coverage form on file with the Iowa
Workers' Compensation Insurance Cornmissrone€_ as required by Iowa Code Section
67.22_ Comoreted form must be attached.
D) UMBRELLIVEXCESS LIABILITY $I_00o,om
The General Wbilrty, AutomoblleLrabllFty and Workefs Compensation Insurance
requirements may be satisfPed with a cemmnationof primary and Umbrallaor Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow L} a form of
the primary policies, it shall include the sarne endorsemianls as required of the primary
policies inauding Waiver of Subrogation and Primary and Non-cantnbutorr wn favor of the
City.
E} PROFESSIONAL LIABILITY $1_00I.000
if the required policy provides claims -made coverage_
1) The Retroactrae dale must be shown and must be before the date of the
agreement.
2) Insurance must be mamtawned and evidence of insurance roust be provided for at
least five (�) years after complelton of the work or services.
3) If coverage is canceled or non-fenewed and not replaced with another claims -
made policy form with a ReUoactive Date pnor 10 the date of the agreement, the
contractor must provide 'extended reporting' coverage for a minimum of five (5)
years after cornpletion of the work or services.
F) CYRERLIABILIMBREACH $1_0bl}.oat}
Page 3 of 4
Yes No
Coverage for FLrst and Third Party liability including but not limited to last data and
restoraatton, loss of income and cyber breach of informaLon.
Schedule J Professional Services Septeramr 2024
City of Du"uo Insurance Raquiraments for Prof ass lonal Sarvlcas
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governrnental Im mu nits. The insurer expressly agrees and statss that the purchase
of this pulley and the inctudrng of the Clay of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of govemmental immunity available to the City of Dubuque, Iowa under Cote of Iowa
Section 670.4 as it is now exists and as it may be a mended from Unie to time.
2. Cfaims Caveraoe. The insurer further agrees that this policyr of Lnsurance shalt cover only those
claims not suulenct to the defense of governmental immunity under the Code of Iowa Section 670A as it
now exists and as it rnayr be amended from tirne to time_ Those aarnns not subject to Cade of loin
Section 670.4 shall be covered by the terms and conditions of thks insurance policy.
3. Assertion of Government Immunity- The City of Dtjbuqua, Iowa sharl be responsible for asserting
any defense of governmental. immunity. and may do so at any tirne grid 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 benetrts aeerurng to the City of Dubuque. Iowa under this policy for
reasons of governmental immunity unless and until a court a€ competent junsdretion has ruled in Favor of
the defenses) of governments I Immunity asserted by the City of Dubuque, Iowa.
No Other Change In Nlicy. The above preservation of governmental Immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER' FILL IN ALL SLANKS AND CHECK BOXES)
Page 4 of Schedule J Professional Services September 2020
10
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CRESCENT COMMUNITY HEALTH CENTER
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 Crescent Community
Health Center (Agency).
WHEREAS, City desires to engage the service of a Community Health Program to
advance healthcare access and services to Black/African American community residents; and
WHEREAS, Agency is willing to provide such services to City upon the terms and
conditions set forth herein.
Section 1. Term.
The term of this Agreement shall be from July 1, 2022 through June 30, 2023 (Term).
Section 2. Funding.
City endeavors to provide funding to Organization to assist in accomplishing Organization's
mission and the goals outlined in this Agreement. The amount of funding that City intends to
commit to organization for FY23 is $7,920 consistent with the terms set forth above.
Section 3. Audit and Evaluation.
3.1 Because the funds provided to Organization by City are public funds, Organization will
maintain books of account in accordance with generally accepted accounting standards together
with necessary documentation to support all expenditures.
3.2 Organization will retain all financial records, reporting documents, and all other records
pertinent to the City of Dubuque Housing and Community Development Department for three (3)
calendar years after the end of the term of this Agreement. Organization must submit annual
financial statements to City.
3.3 Organization agrees that its funding request application and applicant assurances are
incorporated by reference into this Agreement.
Section 4. Equity and Inclusion:
4.1 Organization will support the City's efforts to be a viable, livable, and equitable community
and to advance equity and inclusion. The City will provide opportunities to demonstrate this
support by inviting the designated representative of the Organization to participate in the
following professional development opportunities and supporting activities:
A. Inclusive Dubuque's Best Practices in Diversity Equity and Inclusion
Workshop Series.
B. Inclusive Dubuque's peer learning opportunities and strategic efforts.
C. City's intercultural and equity workshops, including workshops focused on
developing an intercultural team with a strategic plan for advancing equity and
inclusion within the Organization and its work.
D. Assistance with final report at end of grant cycle that demonstrate ways in
which the Organization's efforts advance equity and inclusion, including data
on participation in programs that is disaggregated by race and any other
demographics the Organization has prioritized.
E. Access to the City's equity toolkit.
4.2 Organization will designate a representative to participate in the Community Development
Block Grant Consolidated Plan implementation activities as needed when adequate advanced
notice is provided. Upon execution of this Agreement, Organization will provide contact details
for this representative.
Section 5. Anti -Discrimination.
5.1 Organization will not discriminate against any employee or applicant for employment
because of race, creed, color, sex, age, national origin, religion, sexual orientation, or
disability. Organization will take affirmative action to ensure that applicants for employment and
employees are treated without regard to their race, creed, color, sex, age, national origin,
religion, sexual orientation, or disability. Such treatment includes but is not limited to, the
following: employment, promotion, demotion or transfer; rates of pay or other forms of
compensation; and selection for training or apprenticeship.
5.2 Organization will undertake affirmative measures necessary to ensure that no person,
because of race, color, religion, national origin, sex, age, sexual orientation, degree of handicap
or disability, is denied participation in, denied the benefits of, or is discriminated against in any
program or activity funded in whole or in part with any funds given to Organization under the
terms of this Agreement.
Section 6. Conflict of Interest.
No member, officer or employee of City, or its designees or agents, no member of the Dubuque
City Council and no other public official of the City who exercises any function or responsibilities
with respect to the program during such person's tenure, may have any direct or indirect interest
in this Agreement, the proceeds from this Agreement, or work performed in connection with the
program assisted under this Agreement.
Section 7. Assignability. Organization may not assign or transfer any interest in this Agreement
without prior written approval of City.
Section 8. Acknowledgement. Organization will acknowledge City's financial support in
appropriate signage, program materials, publicity, advertising activities, websites, and other
online media pertaining to this Agreement and work performed with funds from this
Agreement. Recognition guidelines are located
at: https://www.cityofdubuque.org/2805/Funding-Recognition Organization will provide
evidence of such acknowledgement as an addendum to the Final Report.
Section 9. Goals and Priorities. The City Council Goals and Priorities are located
at: http://www.cityofdubuque.org/72/Goals-Priorities.
2
NOW THEREFORE, the parties hereto agree as follows:
Scope of Service
Agency shall:
a) further the Partnership for a Better Dubuque: Building our Community that is
Viable, Livable, and Equitable;
b) provide a Community Health Program to advance healthcare access and services
to Black/African American community residents;
c) comply with City Council goals and priorities; and
d) support the City's efforts to be a viable, livable, and equitable community, and to
advance equity and inclusion.
City Responsibilities
City designates the Community Development Specialist, 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.
City will provide opportunities to demonstrate this support by inviting the President of the
Board of the Agency and any volunteers 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 the City,
including workshops that focus on developing an intercultural team with a strategic
plan for advancing equity and inclusion within the Agency and through the
Agency's work;
c) Assistance in creating quarterly status reports that demonstrate the ways in which
the Agency's efforts are advancing equity and inclusion; and
d) Access to the City's equity toolkit.
3. Time of Performance
The term of this Agreement shall be from July 1, 2022 through June 30, 2023.
4. Compensation
City shall pay Agency $7,920 as compensation for the services provided by Agency,
which payment shall constitute full and complete compensation for such services.
The compensation shall be paid by City to Agency upon receipt by City of a requisition
for such sum from Agency.
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.
6. Reporting and Monitorina
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.
The online quarterly reports shall be due on October 15th, January 15th, April 15th,
and July 15th. 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.
If Agency has an annual audit performed, Agency shall provide City a copy of the
annual audit reportwithin 60 days of audit completion. The Auditshall be submitted
as either an electronic or paper document to the Community Development
Specialist.
0
Discrimination
In carrying out the services under this Agreement, Agency shall not discriminate against
any employee or applicant for employment because of race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. Agency shall take
affirmative action to ensure that applicants for employment are employed and that
employees are treated during employment without regard to race, creed, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. 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. Agency assures that
all qualified applicants will receive consideration for employment without regard to race,
creed, color, sex, age, national origin, religion, sexual orientation, gender identity or
disability.
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, nor 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 race, color, creed, religion, sex, national origin, age, sexual orientation, or disability.
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 the 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 Corporation of such and specifying
the effective date thereof not less than thirty 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 -day period, this Agreement shall be deemed terminated at
the end of such thirty -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.
9. Assignability
Agency shall not assign any interest in this Agreement without the prior written approval
of City.
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 D, included as Attachment A.
5
CITY OF DUBUQUE, IOWA CRESCENT COMMUNITY HEALTH CENTER
Brad M.avZgh, Mayor
Witness:
A,?v' &ne ;y 6
:�ew �'
Adrienne Breitfelder, City Clerk
2
ATTACHMENT A
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
1. _ shall furnish a signed certificate of insurance to the Lily of Dubuque, Iowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work Is longer than 60 days_ Contractors presenting annual certificates shall present a
certificate at the end of each project with the final billing_ Each certificate shall be prepared on
the most cuffent ACORD form approved by the Iowa Department of Insurance or an equivalent
approved by the Director of Finance and Budget. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Eg, Project #_ -----or Project
Locatlon at or construction of
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_ .Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach of this agreement.
5_ Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from all such subconsultants and sub-subconsultants.
Contractors agree that they shall be liable far the failure of a subconsultant and sub-
subconsultant to obtain and maintain such coverages. The City may request a copy of such
certificates from the Contractor.
6_ All required endorsements shall be attached to certificate of insurance-
7- Whenever a specific ISO form is listed, required the current edition of the form must be used, or
an equivalent form may be substituted of approved by the Director of Finance and Budget and
subject to the contractor Identifying and listing in writing all devlatlons and exclusions from the
ISO fans.
8. Contractors shall be required to carry the minimum coveragelllmits, or greater if required by law
or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the
required minimum limits then the provider's limits shall be this agreement's required limits-
9- Contractor shall be responsible for deductibles and self -Insured retention for payment of all policy
premiums and other cast associated with the insurance pollcies required below.
10. All certificates of insurance must Include agents name, phone number, and small address_
1 t. 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.
12. 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-
7
City of Dubuque Insurance Requlremetits for Professional Services
INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Unlit $2.000,0W
Products -Completed Operations Aggregate Limit $i,00o,000
Personal and Advertising Injury Limit $1.000,000
Each Occurrence $11_OD0,000
Fire Damage Limit (any one occurrence) 550,000
Medical Payments S5,000
1 } Coverage shall be written on an occurrence, not cfaims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 Oi or business
owners form 8P 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or business owners form BP o0 02. shall be clearly
identiCed-
2) Include endorsement indicating that coverage is primary and non-contributory.
3) I nclude Press of Govemmental Immunities Endorsement. (Sample
aitached).
4) Include additional insured endorsement for_
The City of Dubuque, including all Its elected and appointed officials, all Its
employees and volunteers, all its boards. commissions anther authorlbes and
their board members. employees and volunteers. Use ISO form CG 20 26.
5) Policy shall include Waiver of €tight to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Unlit. $11_000.004
Coverage shall include all owned, nor} -owned- and hired vehicles. If the Contractors
business does not own arty vehicles, coverage is required on non -owned and hired
vehicles.
1 i Policy shall include Waiver of "ht to Recover from Otliers endorsement.
C) WORKERS' COMPENSATION S EMPLOYERS LIABILITY
Statutory Benefits ooveriM ail employees injured on the fob by accident or disease as
prescribed by Iowa Code Chapter 85-
Coverage A Statutory --State of Iowa
Coverage 8 Employers Liability
Each Accident $11KOoo
Each Employee -Disease $110o,15M
Policy Limit -Disease $500,00o
Policy shalt include Waiver of Right to Recover from Others endorsement.
Coverage 8 limits shall be greater if required by the umbrella'excess insurer.
OR
Page 2 of 4 Schedule J Professional Services September 2020
E
City of dobuquo Insurance Roqulriaments for Professional Services
INSURANCE SCHEDULE J (continued)
if, by Iowa. Code Section MIA, theContractor is not required to purchase Workers'
Compansatlominsurance, the Contractor shall have a copy of the Slate's Nonataclion of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workofs' Compensation Insurance Commissioner, as required. by Iowa Corte Section
57,22.. Completed form must be aftached,
0) LIMBRELLNEkCESS LIABILITY $1,000,OM
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 Via form of
the primary policies. it shall Include the same endorsements as required of the. primary.
policies including Waiver of Subrogrelon and Primary and Non-contributory in favor of the
City..
El PROFES.SIONALLIABILITY $1,000,ON
If tlto required poky providesclems•mado coverage.
1) The Retroactive Dato must be shown and must be before Vie 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 service's,
3) If coverage is canceled or non-ronowod and not replaced with anelhorclaims-
mado policy form Will a RetroactiveDateprior to the dateof the agreement, the
contractor must' provide 'extended reporting'. covemge:fora minimum of five (8)
years after. completion of the work or services.
P) CYfiER LIABILITYISREACH $1,000. lg0
—Yes — No
Coverage [orpirst and Third Party liability including but not limited to lost data and
restoration, lass of income and cybor broach of information.
Page 3 of A Schedule Professional Services September MO
0
City of bubuquo Insurance Raquirempnts for Professional Services
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
I. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the includin} of the City of Dubuque, [mva as an Additional Insured does not waive any
of the defenses of governmental Immunity available to the City of Dubuquer 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 Caveraae. The insurer further agrees that this policy of rnsuranca 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 oovered 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 do of governmental immunity, and may do so at any tune and shall do so upon the timely written
request of the insurer_
4. Non -Denial of Coverage_ The insurer shah not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the Clty of Dubuque, Iowa under this policy for
reasons of governmental Immunity unless and until a mull of competent jurisdiction has ruled In favor of
the defense(s) of governmental Immunity asserted by the Cttyr of Otibuque. Iowa.
Ho Other Chanoe in Pobcv. The above preservation of governmental Immunities shall not otherwise
change or alter the coverage available under the poilcy_
SPECIMEN
IdEPARTMtENT {MANAGER; FILL IN ALL BLANKS AND CHECK BOXES)
Pago 4 of A Schedule J Professional Services September 2020
10