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Approval for Organizational Culture Change Consulting Services Request for Proposal (RFP)City of Dubuque City Council Meeting Consent Items # 011. Copyrighted November 21, 2022 ITEM TITLE: Approval for Organizational Culture Change Consulting Services Request for Proposal (RFP) SUMMARY: City Manager recommending City Council approval to issue a Request for Proposals (RFP) for an Organizational Culture Change Consultant. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Type Organizational Culture Change Consultant RFP-MVM City Manager Memo Memo cover memo Staff Memo RFP Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 z0i7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval for Organizational Culture Change Consulting Services RFP DATE: November 17, 2022 Assistant City Manager Cori Burbach is recommending City Council approval to issue a Request for Proposals (RFP) for an Organizational Culture Change Consultant. 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 Shelley Stickfort, Human Resources Director Kelly Larson, Development & Learning Manager Dr. Gisella Aitken-Shadle, Chief of Equity & Human Rights Shante Weston, Civil Rights Specialist Abhishek Rai, ICMA Local Government Management Fellow THE CITY OF DUB E Masterpiece on the Mississippi Dubuque MI-Ameft City 2007-2012.2013 2017*2019 TO: Michael Van Milligen, City Manager FROM: Cori Burbach, Assistant City Manager DATE: November 17, 2022 RE: Approval for Organizational Culture Change Consulting Services RFP INTRODUCTION The purpose of this memo is to request City Council approval to issue a Request for Proposals (RFP) for an Organizational Culture Change Consultant to work with department managers over an 18-24 month period and authorize the City Manager to negotiate a signed contract. BACKGROUND During a time of rapidly changing work culture locally and globally, the City has used six tenets of a high performing government to frame their work: (1) Effective and innovative teams, (2) Efficient processes, (3) Measurable and actionable results, (4) Clarity and accountability, (5) Community engagement and (6) Equitable organization. Since 2018, the City has conducted an annual employee survey that measures employee satisfaction. The results of that survey, combined with other qualitative and quantitative data, have informed many improvements in policy and practice since then. In addition to the survey, in 2021 the City hired an outside consultant to facilitate employee focus groups to further investigate themes of organizational culture, trust, and communication. The Core Team, who is responsible for monitoring the health of the organization, devised an 18-month work plan based on employee feedback. Hiring an outside consultant to work with department managers on institutionalizing change in order to become a more equitable organization of choice was one of the recommended actions. DISCUSSION While the consultant will have the opportunity to submit a customized workplan they believe meets the RFP's goals, the scope of services must address the following goals: 1. The ultimate goal is to become a more equitable organization of choice that can effectively recruit and retain a diverse, highly -qualified workforce. 2. City leadership value intentional investment in people and fostering a culture of empowerment and ownership at all levels in the organization. 3. At the end of the 18-24 month period, individual growth of department managers and organization -wide employee satisfaction, especially of underrepresented employees, should noticeably improve, assuming implementation of the consultant's recommendations. 4. Improving the organization's overall ratings regarding the six tenets of a high performing government, with specific attention on trust, communication and teamwork as measured by the annual employee survey and other qualitative and quantitative mechanisms is desired. Proposals will be due by December 7, 2022 and reviewed by the Core Team made up of the following individuals: Mike Van Milligen, City Manager Cori Burbach, Assistant City Manager Shelley Stickfort, Human Resources Director Crenna Brumwell, City Attorney Kelly Larson, Development & Learning Manager Gisella Aitken-Shadle, Chief of Equity & Human Rights Shante Weston, Civil Rights Specialist Abhishek Rai, ICMA Local Government Management Fellow BUDGETIMPACT The available budget for the project is $150,000. It is anticipated that the project will stretch over two fiscal years. $60,000 was carried over from FY2022 in the City Managers Office that was intended for department manager professional development. $60,000 is available in the current fiscal year from the same line item, and the remaining funds would be available from the recurring line item in the FY24 budget. RECOMMENDED ACTION I respectfully request City Council approval to post the attached RFP, due December 7, 2022. 1 also request City Council authority for the City Manager to negotiate an agreement and execute a contract for not to exceed $150,000 with the consultant recommended by the Core Team. Cc: Shelley Stickfort, Human Resources Director Crenna Brumwell, City Attorney Kelly Larson, Development & Learning Manager Gisella Aitken-Shadle, Chief of Equity & Human Rights Shante Weston, Civil Rights Specialist Abhishek Rai, ICMA Local Government Management Fellow REQUEST FOR PROPOSAL (RFP) THE CITY OF ISSUE DATE: CONTACT: Cori Burbach DUB � PHONE NO: 563-589-4110 EMAIL: cburbach@cityofdubuque.org Masterpiece on the Mississippi SUBMIT PROPOSAL/OFFER PRIOR TO: SUBMIT TO: CLOSING DATE: SEE Section 8.0 CLOSING TIME: DESCRIPTION: Organizational Culture Change Consulting Services RESPONSE REPLY ❑ If you do not want to respond to this RFP at this time, please mark the box to the left, fill in the information below and return this sheet only. ❑ If you intend to respond to this RFP by the deadline of 8:00 pm CST on Dec 7, 2022 and would like to schedule up to four one -hour calls with Core Team members or department managers to help prepare your written response (reference Sec 5.2.e on p 6 for additional information), please mark the box to the left and return this sheet only to Assistant City Manager no later than 5:00 pm CST on Nov 28, 2022. COMPANY NAME: DATE: MAILING ADDRESS: CITY/STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: RFP ORGANIZATION Organizational Culture Change Consulting Services Table of Contents: SECTION PAGE 1.0 Introduction............................................................... 4 2.0 Project Objectives...................................................... 4 3.0 Community Background ............................................... 5 4.0 Project Scope of Services ............................................ 5 5.0 Use of City Resources ................................................. 7 6.0 Information to be Included in the Proposal ....................... 7 7.0 Proposal Question and Answers .................................... 9 8.0 Submission Requirements ............................................ 10 Appendix A Consultant Evaluation Selection Process ........................ 12 Appendix B RFP Rules and Protest Procedure .................................. 16 Appendix C City of Dubuque Contract Terms and Conditions .............. 18 Appendix D Insurance Requirements .............................................. 21 Page 2 of 22 Organizational Culture Change Consulting Services City of Dubuque, Iowa Consultant Professional Services Request for Proposal 1.0 INTRODUCTION The City of Dubuque, Iowa is soliciting competitive sealed proposals from qualified professional consulting firms to work with the City Manager and department managers to advance the City's goal of becoming a more equitable organization of choice. During a time of rapidly changing work culture locally and globally, the City has used six tenets of a high performing government to frame this work: (1) Effective and innovative teams, (2) Efficient processes, (3) Measurable and actionable results, (4) Clarity and accountability, (5) Community engagement and (6) Equitable organization. The City's Core Team (described below) anticipates that the duration of this work may be anywhere from 12-24 months, depending on the proposed action plan. The consultant would primarily work with the City's 27 department heads, although input may be gathered from the larger organization to inform the work. It is anticipated that the consultant would submit a proposed work plan that includes a combination of group work, individual coaching, and/or policy and program recommendations. 2.0 PROJECT OBJECTIVES Since 2018, the City has conducted an annual employee survey that measures employee satisfaction. The results of that survey, combined with other qualitative and quantitative data, have informed many improvements in policy and practice since then. However, the City of Dubuque is an organization in transition in a global environment where the way we work is changing rapidly. The objectives of the proposed contract include: • Assisting the organization in becoming a more equitable organization of choice able to attract and retain a diverse, highly -qualified workforce; • Coach the City Manager and department heads in ways their leadership and management strategies help or hinder creating an equitable organization of choice and help or hinder employees in achieving the six tenets of a high performing government; • Identify policies; process improvements; knowledge, skills and abilities (KSA) development; and accountability structures to institutionalize change at all levels of the organization; • Assist the City Manager and department managers in developing skills and abilities around core competencies of change management, communication & conflict management, coaching & mentoring, and service delivery; and • Improve communication and transparency at all levels of the organization. 3.0 COMMUNITY & ORGANIZATION BACKGROUND Page 3 of 22 The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 people. The City's annual operating and capital budget is nearly $200 million and funds a full range of services. The City's web site is www.citvofdubuque.org. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri-state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. The job creation and unemployment numbers show that Dubuque is growing steadily in the current economic climate. Dubuque's construction numbers reveal an even more encouraging picture. The City has formed strong relationships with the local business community to promote continued economic growth and success. The City organization is made up of 25 departments that deliver a full scope of services under a City Manager form of government. It includes non -represented employees as well as employees represented by six bargaining units. The Mayor and City Council have prioritized "City Workforce Retention & Attraction" as a priority during their 2022-23 goal -setting process. 4.0 PROJECT SCOPE OF SERVICES The following outline represents the minimum components for the Consultant's proposal. Anticipated budget for this project is $150,000. The Consultant should describe the means or strategy by which they will satisfy the Scope of Services, or at the Consultant's preference provide an alternative, second hybrid strategy that would improve the results of the project. If a hybrid strategy is being recommended by the Consultant, the Consultant should detail what processes and methods would be used to improve the project outcome. 4.1 — Project Goals. The City seeks proposals for services to be completed over an 18-24 month period reflecting the most current best practices in the field of organizational culture change. 4.1.1 The ultimate goal of the work is to become a more equitable organization of choice that can effectively recruit and retain a diverse, highly -qualified workforce. 4.1.2 City leadership value intentional investment in people and fostering a culture of empowerment and ownership at all levels in the organization. Proposed strategies should center these values. 4.1.3 At the end of the 18-24 month period, individual growth of department managers and organization -wide employee satisfaction, especially of underrepresented employees, should noticeably improve, assuming implementation of the consultant's recommendations. 4.1.4 Improving the organization's overall ratings regarding the six tenets of a high performing government, with specific attention on trust, communication and teamwork as measured by the annual employee survey and other qualitative and quantitative mechanisms is desired. 4.1.5 As part of an organization -wide approach, the City Manager desires the option to engage the consultant in executive coaching session(s). Page 4 of 22 4.2 — Project Deliverables The proposal should include but is not limited to: • A review of available qualitative and quantitative organizational data • An analysis of the organization's current function and ability to achieve the six tenets of a high performing government • A plan to conduct teambuilding and professional development sessions with the City's 27 department heads • Recommendations for individual department head professional development that align with the team strategy • A final written report delivered to the City Manager and Core Team outlining work completed, best practices in building and maintaining healthy organizational cultures, and recommended policy and practice changes and/or next steps. 4.3 — Project Management & Considerations 4.3.1 The Consultant will work closely with the Core Team to plan and execute the workplan. The Core Team is comprised of the City Manager, Assistant City Manager, Human Resources Director, City Attorney, Development and Learning Manager, Chief of Equity & Human Rights, Civil Rights Specialist, and ICMA Local Government Management Fellow. 4.3.2 The Consultant shall maintain an updated project schedule for the duration of the study based on the tasks listed in the workplan. 4.3.3 During the study, the Consultant shall submit to the Core Team a monthly progress report. The summary shall contain four sections. The first section shall list major events that have occurred since the last report submittal. The second section shall list work that will be accomplished in the upcoming weeks. The third section shall list critical items that need immediate attention. The last section shall identify all items that need to be addressed by the City. 4.3.4 Interactions with department heads will likely include a combination of in -person and virtual meetings and assigned work in between sessions. 4.3.5 Work should align with and support existing and ongoing efforts led by the Core Team and Human Resources Department. These include rollout of an updated employee learning management system and annual curriculum, organization -wide performance planning and appraisal structure, compensation and classification study, Human Capital Management module of new ERP system, a development offered by the City's intercultural competency and emotional intelligence teams. 5.0 USE OF CITY RESOURCES 5.1 Requesting Use of City Resources for Preparation of the RFP Response: All information requests shall be directed to the City's Project Manager, Assistant City Manager Cori Burbach. All Consultants should note that directly contacting other City of Dubuque staff shall be considered inappropriate and grounds for disqualification. 5.2 Material Available for the RFP Response Page 5 of 22 a) Results of 2018-2022 annual employee survey and follow-up focus group conversations, disaggregated by department where information is available b) Past organization equity reports and staff memos regarding the organization's efforts equity -related efforts c) Employee demographics and data d) City handouts attached to this RFP including: 1) Equitable Organization of Choice summary, 2) City Manager's Management Philosophy and SPIRIT values statement, 3) Department Manager organizational chart, 4) Dubuque: Past, Present & Future, 5) 2020 City Focus magazine, 6) Dollars & Cents, 7) Dubuque County population data, 8) City awards e) Responding firms will have the opportunity to schedule up to four one -hour calls with Core Team member(s) and department managers to ask questions regarding intended outcomes. These interviews are intended to help the firm craft their proposal. Firms will coordinate with the Assistant City Manager to schedule these interviews during the week of November 28, 2022. It is anticipated that after the firm is chosen, the Core Team will be available for additional discussions to help fine-tune the proposed workplan. 6.0 INFORMATION TO BE INCLUDED IN THE PROPOSAL The Proposal should address all the points outlined in this RFP excluding any cost information which shall be included in a separate attachment labeled "Project Cost Estimate". The Proposal should be prepared simply and economically, providing a straightforward, concise description of the Consultant's capabilities to satisfy the requirements of this RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included. They represent the minimum criteria against which the proposal will be evaluated. Letter of Transmittal Provide a letter of transmittal briefly outlining the Consultant's understanding of the work and list the Project Manager's name, address, office telephone number, mobile telephone number and email address. The name that is provided for the Project Manager will be used as the primary contact person during the RFP evaluation process. Profile of Firm Provide general information about the Firm, along with its area of expertise and experience as it relates to this RFP. Describe the experience and success of the Firm in working on similar projects. State the size of the Firm, the size of the Firm's professional staff, and the location of the office from where the work on this project will be performed. Discuss the Consultant's ability to integrate this project into their present workload. Include a statement to specify if the Consultant currently has the capacity to undertake the project or whether it intends to hire additional staff or partner with sub -consultants. Page 6 of 22 Scope of Services Describe the means or strategy by which the Consultant would satisfy the scope of services for the currently approved budget as listed in Section 4.0. Include a basic work plan that delineates the Consultant's approach to the completion of the project. The work plan, at a minimum, should include those components outlined in Section 4.0 of this RFP. The Consultant should indicate in the work plan those aspects that are expected to be completed by City staff. Highlight any parts of the work plan that will reflect the Consultant's unique philosophy or insight regarding the approach to this project and how this approach positively impacts the successful completion of the project. Proiect Team Qualifications Provide the names of all members of the project team associated with this project. For each project team member, provide their qualifications and experience. Include any relevant training and continuing or professional education. Describe the experience and success of the project team members proposed for the Dubuque project, in performing similar projects. Provide at least three (3) client references (include individual contact names and telephone numbers) for similar projects that have been completed by the Consultant in the last five (5) years. Proposed Project Schedule Provide a project schedule outlining the time durations and estimated completion dates for each major component of the proposed scope of work. The schedule should list all deliverables that are required throughout the project. Understanding of Final Contract Terms The Proposer should provide a statement that indicates they have read and understand Appendix C - "City of Dubuque Contract Terms and Conditions", and agree to include the clauses that are listed in Appendix C in the final signed contract. Any exceptions to the Contract Terms and Conditions by the Consultant must be clearly stated in the submitted Proposal. Certificate of Insurance The Consultant should provide a statement indicating that they are able to meet the City's insurance requirements for professional services. (See attached Insurance Schedule C - Appendix D.) Submittal of insurance documents as part of this RFP is not required. Fees and Compensation Provide a proposed fixed cost, plus reimbursable expenses budget for each strategy proposed to complete the requested scope of services. Break down costs by major scope element and include a list of hourly rates for personnel assigned to the project. Quotation of fees and compensation shall remain firm for a period of at least 90 days from the RFP submission deadline. Remember to separate the proposed budget from the other portion of the RFP submittal. Initial screening will be done without knowing the Consultant's proposed fee for services. Page 7 of 22 7.0 PROPOSAL QUESTIONS AND ANSWERS If you have any questions concerning this proposal, please submit your requests to the Assistant City Manager. The City has made considerable efforts to ensure an accurate representation of information in this RFP. Each Proposer is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing (letter or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. Responding firms will have the opportunity to schedule up to four one -hour calls with Core Team member(s) and department managers to ask questions regarding intended outcomes. These interviews are intended to help the firm craft their proposal. Firms should submit their request to schedule these interviews no later than 5:00 pm CST on Nov 28, 2022 and will coordinate with the Assistant City Manager to schedule these interviews during the week of Nov 28, 2022. Any questions concerning this proposal must be received on or before 5:00 pm CST on Nov 28, 2022. Any inquiries received after this date will not be answered. When submitting a question to the Assistant City Manager, please include the appropriate Consultant contact information. From the date of issuance of the RFP until final City action, the Proposer shall not discuss the RFP with or contact any other City of Dubuque staff or any of the Selection Committee members except as expressly authorized by the City's Project Manager identified in this section (Section 7.0). Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Consultant's proposal. Project Manager contact information is as follows: Cori Burbach Assistant City Manager 50 W 13t" St Dubuque IA 52001 cburbach(c-b_cityofdubugue.org 563.589.4110 8.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each Consultant shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely. PROPOSAL SUBMITTAL INFORMATION ■ Submittal Deadline: 5:00 pm CST on Dec 7, 2022 ■ Submittal Contact & Attn: Cori Burbach, Assistant City Manager Page 8 of 22 Email Address: cburbach@cityofdubuque.org Submit one (1) electronic .pdf version, labeled <Organizational Culture Change Consulting Services> City Hall Reorganization Study. Any proposals exceeding 10 numbered pages will not be considered. Each addendum shall be acknowledged in the Letter of Transmittal by providing the addendum number and title. Failure to acknowledge each addendum will be considered grounds for possible disqualification. It is solely the Consultant's responsibility to ensure that all addendums to this RFP have been received before submitting the proposal. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than ninety (90) calendar days from the proposal closing date is required. Failure to comply with the above requirements shall be considered grounds for possible disqualification. Each Consultant assumes full responsibility for delivery of the completed proposal package on or before the deadline. Any proposals received after the submittal deadline will not be considered, and will be returned unopened to the Proposer. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque is not liable for any costs incurred by any Consultant prior to the execution of an agreement or contract, nor shall the City of Dubuque be liable for any costs incurred by Firms that are not specified in any contract. All results from this project will remain the property of the City of Dubuque. The City of Dubuque appreciates your time and consideration of this RFP. Page 9 of 22 Organizational Culture Change Consultant City of Dubuque, Iowa THE C DUUB-*TE Masterpiece on the Mississippi Consultant Professional Services Request for Proposal date Appendix A Consultant Evaluation and Selection Process Page 10 of 22 CONSULTANT EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. The following criteria are among those that will be used to initially evaluate submitted proposals. 1. A high level of professional competence and a proven track record in the areas of organizational development focused on equity, inclusion, and belonging, professional coaching, or similar: a. Qualifications and experience of the Consultant and any sub consultants. b. Demonstration of the project team's professional expertise and technical abilities. C. If a joint venture with sub consultants, the track records of the Firms experience working together. 2. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall goals and objectives listed in Section 4.1. 3. Design approach/methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem -solving ability. C. Ability of Consultant team to demonstrate initiative, motivation and knowledge as an indication of their desire to work with the City of Dubuque. 4. Responsiveness and compatibility between the Consultant and City: a. General attitude and ability to communicate. b. Ability of the Consultant to maintain a high level of direct interaction and communication with City staff. C. Ability to listen, be flexible, and follow and/or implement direction and/or ideas or concepts. d. How the Consultant team interacts with the general public, city staff, and public officials. 5. Proposed schedule required to complete project. Responding firms will have the opportunity to schedule one one -hour call with Core Team member(s) to ask questions regarding intended outcomes prior to the submittal deadline. This interview serves the purposes of helping the firm craft their proposal as well as helping the Core Team interview the firm. The Core Team reserves the right to schedule a second interview for a short list of candidates if they determine the need to do so. SELECTED CONSULTANT - FEE NEGOTIATION PROCESS Upon the successful completion of the Consultant review process, the RFP Selection Committee will recommend to the City Manager, the awarding of a contract to the highest ranked Consultant. The Selection Committee will also request authority to negotiate with the recommended Consultant a final scope of work and fee structure for the project. Page 11 of 22 During the negotiation process, tasks to be completed by the Core Team and by all participating department managers, work reassignment to different project team members, and the addition or elimination of tasks may be modified in order to achieve the best overall results for project. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offerer. Otherwise, negotiations with the offerer ranked first shall be formally terminated and negotiations commenced with the Consultant ranked second, and so on until a contract can be negotiated that is acceptable to the City. Upon the successful completion of contract negotiations, the selection committee shall recommend that the City Manager execute a contract with the successful Consultant. The City Manager will in turn make a decision to execute the contract or request the Dubuque City Council make a final determination to award and execute the contract with a Consultant. Payment for Work: The Consultant awarded the contract shall be paid once monthly. The invoiced amount shall be based on the Earned Value of the percent work completed as reported on the most recently completed update. Page 12 of 22 THE CITY OF Organizational Culture Change Consultant DUB E City of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Proposal date Appendix B RFP Rules and Protest Procedure MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, providing such action is in the best interest of the City. Minor irregularities are defined as those that have no adverse effect on the City's best interests, and will not affect the outcome of the selection process by giving the prospective Consultants an advantage or benefit not enjoyed by other prospective Consultants. EXCEPTIONS Proposer exceptions to any part of the requirements stated in this request must be clearly identified as exceptions and noted in the letter of transmittal and in the submitted project cost estimate. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager or City Council has recommended that a contract be negotiated with the recommended Firm. However, after authorization has been granted to negotiate a contract, all contents of the submitted proposals shall become public information. DEFINITIONS The City has established for the purposes of this RFP that the words "shall", "must", or "will" are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response is not in substantial accord with this RFP's mandatory conditions requirements. The words "should" or "may" are equivalent in this RFP and indicate very desirable conditions, or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal, but may result in being considered as not in the best interest of the City. DISPUTES/EXCEPTIONS Any prospective Proposer who disputes the reasonableness or appropriateness of any item within this RFP document, any addendum to this RFP document, notice of award or notice of rejection shall set forth the specific reason and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification from the City. The written dispute shall be sent via certified mail or delivered in person to the point of contact set forth in Section 7.0, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. Page 14 of 22 THE CITY OF Organizational Culture Change Consultant DUB E City of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Proposal date Appendix C City of Dubuque Contract Terms and Conditions Page 15 of 22 TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CONSULTANT'S ENDORSEMENT ON PLANS. The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2. CHANGE IN SCOPE OF SERVICES. No change in scope shall be permitted during this project without the prior written agreement of both parties. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE. Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached Insurance Schedule. 5. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the Cityfrom and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. TERMINATION. City may terminate this agreement, with or without cause, upon providing 14 days written notice to the Consultant. 7. ERRORS & OMISSIONS. In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it shall Page 16 of 22 do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 8. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the City's Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment _. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 9. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from and approved by the c►ty. Page 17 of 22 THE CITY OF Organizational Culture Change Consultant DUB E City of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Proposal date Appendix D Insurance Requirements Page 18 of 22 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J 1- shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the and of the project if the term of work is longer than BOday s_ Contractors presenting annual certificates shall present certificate at the and of each project with the final billing_ Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Ditector 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 Location at or construction of 2 All policies of insurance required hereunder shall bewith 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_ Each certificate shall be furnished to the Finance Department of'ttre City of Dubuque- 4- Failureto 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 materlal breach of this agreement. 5_ Contractors shall require all subconsultants and sub-subcon sultants 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. Contractflrs agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages_ The City may req uest a copy of such certificates from the Contractor- B. All required endorsements shall be attached to certificate of insurance: 7_ Whenever a specific ISO form is listed required the c u rrent ed iti on oftheform must be used, or an equivalent form may be substituted if approved by.the Director of Finance and Budget and subjecttothe contractoridentifying and listing in writing all deviations and exclusions from the ISO form_ S Contractors shall be required to carry the minimum coveragefllmits, or greater if required by law or Other legal agreement, in Exhibitl. If the contractors limits of liability are higherthan the required minimum limits then the providers limits shall be this agreements required limits- 9- Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10_ All certificates of insurance must include agents name, phone numberr and email address_ 11 _ The City of Dubuque reserves the right to require complete, certified d copies of all require insurance policies, incIudtng.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 agreementof the parties_ Page 1 of ScheduleJ Professional Services Apd12021 Page 19 of 22 City of Dubuque Insurance Requirements for Professional Services 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 I Iowa Code sec_ 670.4_ If you would like to preserve those Immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1_ Nonwaiver of Governmental Immunity_Tha insurer expressly agrees anti states that the purchase cf this policy and the Including ofthe City of Dubuque, Iowa as an Additional Insured does not waive any cf the defenses of governmental Immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time_ 2 Claims CoveraQa. The-insu rer further agrees that this policy of.Insurance sh all cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 610.4 as it now exists and as it may be amended from time to time_ Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and Conditions of this insurance policy_ 3_ Assertion of Government Immunity_ The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer - shall not deny any of the rights and benefits accruing to the City of -Dubuque, Iowa under this policy for reasons of govern mental immunity unless and until a court of competentjurisdIction has ruled in favor of the (Jefenses) of governmental Immunity asserted by the City of Dubuque, Iowa. No Other Change In Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy_ SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule J Professional Services April 2021 Page 20 of 22 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (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 Occurrences $1,000,000 Fire damage Limit (any one occurrence) $50,000 Mad iCal 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 I SO commercial general liabiIityIorm CG 00 01, or business owners form BP 00 02r shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immuhlties En(Jorsement. (Sample attached). 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 and/or authoritie13 and their board members, employees and volunteers_ Llse ISO form CG 20 26_ 5) Policy shall include Waiver of Rightto Recover from Others endorsement B) AUTOMOBILE LIABILITY Combined Single Limit $1r00or000 Coverage shall include all owned, non -owned, and hired vehicles. If the Corrtracto r' s business does not own any vehicles, coverage is required on non -owned and hired vehicles, 1) Policy shall Include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on.thejob by accident or disease as prescribed by Iowa Code Chapter 85_ Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Rightto Recoverfrom Others endorsement_ Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Page 2 of 4 Schedule J Professional Services April 2021 Page 21 of 22 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurancer the Contractor shall have a copy of the State's N0neIection of Workers' Cam pensation or Emplay ers' Liability Coverage form an file with the Iowa Workers' Compensation Insurance Commissioner, as required by. Iowa Coda Section 8722. Completed farm must be attached. D) VMBRELLA&XCESS LIABILITY $1,000,000 The General Llability r Automobile Liability and WarK6rs Corn pe In n ation Insurance requirements may be satisfied wittl a combination of primary and Umbrella or Excess Liability I nsuran ce. If the Umbrella or Excess I nsuran ce 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 Subrag ation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY $1,000,000 If the required policy provides claims -made coverage: 1) The Retroactive date must be shown and must be before the date of the agreement_ 2j 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 polio+ farm with a Retroactive Date prior to the date of the agreement, the contractor must provitle `extended reporting" coverage for a minimum of five (5) years after completion of the work or services_ F) CYBER LIABILITYfBREACH $1,000,000 Yes —No Coverage for First and Third Party liability including but not limited to lost data and restoration, Ioss of income and cyber breach of information_ Page 3 of 4 Schedule J Professional Services April 2021 Page 22 of 22