Contracted Services Agreement - Four Mounds Foundation (Winter Farmers Market) Copyrighted
August 1, 2022
City of Dubuque Consent Items # 06.
City Council Meeting
ITEM TITLE: Contracted Services Agreement- Four Mounds Foundation (Winter
Farmers Market)
SUM MARY: City Manager recommending City Council approves a Contracted
Services Agreement with the Four Mounds Foundation in the amount of
$15,000 and authorizes the Mayor to execute the contract on behalf of
the C ity.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Winter Farmers Market- Contracted Service City Manager Memo
Agreement-MVM Memo
Staff Memo Staff Memo
Contracted Service Agreement Supporting Documentation
Dubuque
THE CITY QF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Contracted Services Agreement - Four Mounds Foundation (Winter
Farmers Market)
DATE: July 27, 2022
Economic Development Director Jill Connors is recommending City Council approves a
Contracted Services Agreement with the Four Mounds Foundation in the amount of
$15,000 and authorizes the Mayor to execute the contract on behalf of the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill Connors, Economic Development Director
Dubuque Economic Development
Department
THE CITY OF � 130o Main street
All-lmerica City Dubuque,lowa 52001-4763
U� � �,11NYWV�JVM.�fI�.Y��il��l
1 I � � Office(563)589-4393
TTY(563)690-6678
� http://www.cityofdubuque.org
2007*2012{2013
Masterpiece on the Mississippi 2017*Z019
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
SUBJECT: Contracted Services Agreement — Four Mounds Foundation (Winter
Farmers Market)
DATE: July 27, 2022
INTRODUCTION
Attached for City Council approval is the Contracted Services Agreement with the Four
Mounds Foundation for the City's financial support for Fiscal Year 2023. The Four
Mounds Foundation furthers the City of Dubuque Goal of Partnership for a Better
Dubuque: Building Our Community that is Viable, Livable, and Equitable.
DISCUSSION
The adopted Fiscal Year 2023 operating budget provides a payment of $15,000 to the
Four Mounds Foundation to manage the Dubuque Winter Farmers Market.
The reporting requirements are as follows:
1. Progress reports will be submitted quarterly.
2. Quarterly reports will be submitted using a form on the City's website.
3. Quarterly reports will include equity and inclusion reporting.
4. Audit reports are due within 60 days of audit completion.
RECOMMENDATION/ ACTION STEP
It is my recommendation that the City Council approves the attached contracted services
agreement with the Four Mounds Foundation and authorizes the Mayor to execute the
contract on behalf of the City.
AGREEMENT
BY AND BETWEEN
CITY OF DUBUQUE, IOWA
AND
FOUR MOUNDS FOUNDATION
THIS AGREEMENT, dated for reference purposes the 1 st day of July, 2022, is
made and entered into by and between City of Dubuque, lowa (City) and the Four
Mounds Foundation (Agency).
WHEREAS, City desires to engage the services of Agency to furnish
professional and technical assistance in connection with Dubuque Winter Farmer's
Market as described in Scope of Service set forth herein; and
WHEREAS, Agency has signified its willingness to furnish such services to City.
NOW THEREFORE, in consideration of their mutual promises hereinafter set
forth, the parties hereto agree as follows:
SECTION 1. SCOPE OF SERVICE. Agency shall:
(A) Further City's Goal of Partnership for a Better Dubuque: Building Our
Community that is Viable, Livable, and Equitable;
(B)Manage the Winter Farmer's Market and comply with City Council goals
and priorities set forth in Exhibit A; and
(C)Support City's efforts to be a viable, livable, and equitable community, and
to advance equity and inclusion.
SECTION 2. CITY RESPONSIBILITIES.
2.1 City designates the Economic Development Director to act as its representative
with respect to the work to be performed under this Agreement, and such person shall
have authority to transmit instructions, receive information, interpret and define City's
policies and provide decisions in a timely manner pertinent to the work covered by this
Agreement until Agency has been advised in writing by City that such authority has
been revoked.
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2.2 In the event that any reports, records and maps are existing and available and
are useful to carry out the work on the Scope of Service, City shall promptly furnish
such material to Agency.
2.3 City will provide opportunities to demonstrate this support by inviting the
President of Agency and any employees working on the Scope of Service to participate
in the following professional development opportunities and supporting activities:
(A)The opportunity to be active and engaged participants in Inclusive
Dubuque peer learning opportunities and strategic efforts, as described in
Exhibit C;
(B)The opportunity to attend intercultural and equity workshops offered by
City, including workshops that focus on developing an intercultural team
with a strategic plan for advancing equity and inclusion within Agency and
through Agency's work;
(C)Assistance in creating semi-annual status reports that demonstrate the
ways in which Agency's efforts are advancing equity and inclusion; and
(D)Access to City's equity toolkit.
SECTION 3. TIME OF PERFORMANCE. The term of this Agreement shall be from
July 1, 2022 through June 30, 2023.
SECTION 4. COMPENSATION.
4.1 City shall pay Agency Fifteen Thousand and 00/100 Dollars ($15,000) as
compensation for the services provided by Agency, which payment shall constitute full
and complete compensation for such services.
4.2 The compensation shall be paid by City to Agency within ten (10) days after
receipt by City of a requisition for such sum from Agency.
SECTION 5. AUDIT AND EVALUATION. Inasmuch as the funds to be provided to
Agency by City are public funds, the Agency agrees that it will maintain books of
account in accordance with Generally Accepted Accounting Standards together with
necessary documentation to support all expenditures. The records of Agency, including
payroll accounts and other records of disbursements and receipts, and other records
relating to the performance of the activities herein specified, shall be made available for
inspection by City or any Certified Public Accountant acting on its behalf, in order to
ascertain performance of Agency under this Agreement. Agency agrees to retain such
records for not less than three (3) years.
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SECTION 6. REPORTING AND MONITORING.
6.1 Agency shall comply with City of Dubuque's Reporting and Monitoring
requirements by using the following link to submit quarterly online reports detailing
Agency activities related to the use of City funds provided to Agency:
https://www.cityofdubuque.org/FormCenter/Budget-15/Contracted-Services-
Performance-Report-208
6.2 In alignment with the City Council's priority of racial equity, Agency must
demonstrate how its efforts advance equity and inclusion. This should include program-
level data disaggregated, at a minimum, by race, and also by any other demographic
the Agency has prioritized. Agency should also identify community-level outcomes in
which it is actively working to advance the racial disparity.
6.3 The online quarterly reports shall be due on October 15t'', 2022, January 15tn
2023, April 15th, 2023, and July 15t"� 2023. Such reports shall include a perFormance
report on the program(s) supported by City funds and a financial report on the use of
City funds.
6.4 If Agency has an annual audit performed, Agency shall provide City a copy of the
annual audit report within sixty (60) days of audit completion. The Audit shall be
submitted as either an electronic or paper document to the Economic Development
Director.
SECTION 7. DISCRIMINATION.
7.1 In carrying out the services under this Agreement, Agency shall not discriminate
against any employee or applicant for employment because of age, color, familial
status, gender identity, marital status, mental/physical disability, national origin, race,
religion/creed, sex, or sexual orientation.
Agency shall take affirmative action to ensure that applicants for employment are
employed and that employees are treated during employment without regard to age,
color, familial status, gender identity, marital status, mental/physical disability, national
origin, race, religion/creed, sex, or sexual orientation. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Agency assures that
all qualified applicants will receive consideration for employment without regard to age,
color, familial status, gender identity, marital status, mental/physical disability, national
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origin, race, religion/creed, sex, or sexual orientation.
7.2 Agency agrees and will undertake whatever affirmative measures are necessary
so that no person shall be excluded from participation in, be denied the benefits of, 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 age, color, familial status, gender identity, marital status, mental/physical
disability, national origin, race, religion/creed, sex, or sexual orientation.
SECTION 8. TERMINATION OF AGREEMENT. If, through any cause, Agency
shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if
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 Agency of such and specifying the effective date thereof not less than
thirty (30) days before the effective date of such termination. If Agency shall fail to cure
its default to the satisfaction of City in City's sole discretion within such thirty (30) day
period, this Agreement shall be deemed terminated at the end of such thirty (30) day
period without further action of either party.
Upon termination of this Agreement, Agency shall return to City all unexpended funds
and/or any funds utilized for purposes other than stated in the Agreement.
SECTION 9. ASSIGNABILITY. Agency shall not assign any interest in this
Agreement without the prior written approval of City.
SECTION 10. INSURANCE. At the time of execution of this Agreement by Agency,
Agency shall provide City copies of Agency's insurance certificates showing compliance
with the insurance requirements of Insurance Schedule G, included as Exhibit C.
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CITY OF DUBUQUE, IOWA FOUR MOUNDS FOUNDATION
By: By:
Brad M. C rtiagh, Mayor Mary Gronen, Director
ATTEST:
B --1-6,Le_if:tfi93^-)
Trish L. Gleason, Assistant City Clerk
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EXHIBIT A
CITY COUNCIL GOALS & PRIORITIES
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EXHIBIT B
INSURANCE SCHEDULE
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INSURANCE SCHEDULE G
1. Agency shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the
coverage required in Exhibit I prior to the contract commencement. Each certificate shall be
prepared on the most current ACORD form approved by the lowa Insurance Division or an
equivalent. Each certificate shall include a statement under Description of Operations as to why
the certificate was issued. Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required
by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage
shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The service provider must
identify or list in writing all deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits
shall be this agreemenYs required limits.
9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall
obtain certificates of insurance from all such subcontractors and sub-subcontractors. Vendor
agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and
maintain such coverage. The City may request a copy of such certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy
premiums and other costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
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INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit$1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence)$50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Vendor is not required to purchase Workers'
Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the lowa
Workers' Compensation Insurance Commissioner, as required by lowa Code Section
87.22. Completed form must be attached.
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INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _Yes _*_No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations)or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _Yes _*_No
If the required policy provides claims-made coverage:
1) The Retroactive Date must be shown and must be before the date of the
agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the work or services.
3) If coverage is canceled or non-renewed and not replaced with another claims-
made policy form with a Retroactive Date prior to the date of the agreement, the
contractor must provide"extended reporting" coverage for a minimum of five (5)
years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _Yes _*_No
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: Yes _*_No
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
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Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in lowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, lowa.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
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EXHIBIT C
INCLUSIVE DUBUQUE
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and e�n�age�{ in �iw�c l�fe. That's khe
philosaphy �hat guides� �he Inelusi�re
Du�uque network. �in����1�, ot�r
di�rerse �ro�� af partners h�as �r�rk�d
togeth�r ta �ri�r� trans�orrr�ati�nal
char�ge in Dubu��e by reimaginin�
s�st�r�s,fost�ring a�ul��re o� inclusion,
and ad�ancir�g justice and �ocial e�uity
in all ar�as of comrr�u�nity li��.
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i�fH� It h�latters M�w It l�orks
�ur�egion is gro-�+,ing rnare diVerse.HaweVer,rnany Relationships and cornrnunity knowledge are at the
rninority cornmunities in Qubuque haVe hiskori�ally raat o-f aur work.Our parkrrers are la�al residenks
laclred a€tess to-resour�e s that enah le them to thri�re. and leaders who�through meetings,leaming
Furthermare,residents of diwerse ha�kgrounds hawe oppartunities and warkshops, identify ways to-driVe
experienced hastilikies that rmake them feel unwel€ame_ equitable oppartunities far all penple_
To drive e�anomic grnwth,retain residents and affirrn
thehumanity of�ll peaple,everynne mustfeelw�el�ome ��r ������������#�
an�have the abilit,+ta a�hievetheirfull paterYtial.
• Engaged rnore than�,5�}0�ornrnunity rnernbers t�a
�ur Unique Role condu�t a Camrnunity Equity Profile that identifies
residents diverse experi ences and needs.
V�fe are cornreners and callaborators.fa�ilitating . ���y�d sectior groups wi�h more than JO
impartant�om,�ersatians and developing systemic community members ta address systiemi�
solukians ta equiiy issues,su�h as� challenges relatied ta health, educakinr�
• Preparing minority and first-generatian�nllege transpartakinr�nei�harhoads,ecanomi�w�eLl-bein�
stude nts for�aree rs. and arts and culture_
• Imp rovi ng ar�ess ko health and wellness resource s li ke • �������i ness Le�der Equiky�ohnrt 6ar lo-cal
brain health servir�es. e�ae�ukiVestnbuilda diverse�nd inclusi�re warl�arce.
• Bridging langu�ge and�ulkural barriers so imrnigrants • Offerdi}.aersity,equity�andindusion warkshopsfior
r�n�ully parti�ipate in the cammuniiy_ nonprofi�{ivi�and business pr�fessionals.
• Preparing,attracting and retai ning a di�erse vwarkfarr�e. • �P❑nsnr and organi�e public e},�ents fo�used nn
fostiering a cammuniiy-wi de �ulture�#i n�lusian.
Hnstied by the Community Foundation af Greater , p���ish the aubuque Cultural Resaurce Guide s❑
auhuque,In�lusiVe auhuque leverages relationships residents can find businesses and senrires r�tiering
with nanprofits,gavernment entities,husinesses and �unique raciaL cultural and ethni�needs.
generous romrnunit�,r members ta reali�e a shared
visinn far aubuque:A wibrant and in�lusiVe reginn with
resaur�es and appartunities for all.
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