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Contracted Services Agreements for Fiscal Year 2024Copyrighted June 20, 2023 City of Dubuque City Council Meeting ITEM TITLE SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Action Items # 09. Contracted Services Agreements for Fiscal Year 2024 City Manager recommending City Council approves the attached contracted services agreements with the Dubuque Area Labor - Management Council, Dubuque Dream Center, Dubuque Main Street, Fountain of Youth Program, Four Mounds Foundation to manage the Dubuque Winter Farmers Market, Greater Dubuque Development Corporation, and Travel Dubuque and authorizes the Mayor to execute the contracts on behalf of the City. Suggested Disposition: Receive and File; Approve Staff Memo Dubuque Area Labor Management Council Dubuque Dream Center Dubuque Main Street Fountain of Youth Program Four Mounds - Winter Farmers Market Greater Dubuque Development Corporation Travel Dubuque Type City Manager Memo Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contracted Services Agreements for FY2024 DATE: June 15, 2023 Dubuque All -America City IN 2007.2012.2013 2017*2019 Economic Development Director Jill Connors is recommending City Council approves the attached contracted services agreements with the listed agencies and authorizes the Mayor to execute the contracts on behalf of the City. The adopted Fiscal Year 2024 operating budget provides a payment of: • $35,000 to the Dubuque Area Labor -Management Council • $63,000 to the Dubuque Dream Center • $96,211 to Dubuque Main Street • $63,000 to the Fountain of Youth Program • $15,000 to the Four Mounds Foundation to manage the Dubuque Winter Farmers Market • $836,135 to the Greater Dubuque Development Corporation • $1,446,631 to Travel Dubuque I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM-sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill Connors, Economic Development Director Dubuque THE CITY OF All -America My nni K xvni , nz: a:u�ir, DUB E 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Contracted Services Agreements for FY2024 DATE: June 15, 2023 INTRODUCTION Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org Attached for City Council approval are the Contracted Services Agreements with seven agencies for the City's financial support for Fiscal Year 2024. The agencies further the City of Dubuque Goal of either Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity or Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable. DISCUSSION The adopted Fiscal Year 2024 operating budget provides a payment of: • $35,000 to the Dubuque Area Labor -Management Council • $63,000 to the Dubuque Dream Center • $96,211 to Dubuque Main Street • $63,000 to the Fountain of Youth Program • $15,000 to the Four Mounds Foundation to manage the Dubuque Winter Farmers Market • $836,135 to the Greater Dubuque Development Corporation • $1,446,631 to Travel Dubuque 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. All agencies are required to undertake their work in alignment with City Council goals and priorities, as well as incorporating the work of Inclusive Dubuque. RECOMMENDATION/ ACTION STEP It is my recommendation that the City Council approves the attached contracted services agreements with the listed agencies and authorizes the Mayor to execute the contracts on behalf of the City. 2 AGREEMENT BETWEEN CITY OF DUBUQUE AND DUBUQUE AREA LABOR MANAGEMENT COUNCIL THIS AGREEMENT, dated for reference purposes the 1st day of July 2023, is made and entered into by and between the City of Dubuque, Iowa (City) and the Dubuque Area Labor -Management Council (Agency). WHEREAS, Agency represents itself as technically and professionally qualified to provide a forum to improve and expand labor-management cooperation in the public and private sector within the Dubuque area; and WHEREAS, City has deemed it to be in the public interest to provide financial assistance to be used to cover general operating expenses of Agency's program. NOW THEREFORE, in consideration of their mutual promises hereinafter set forth, the parties hereto agree as follows: SECTION 1. SCOPE OF SERVICE. Agency shall provide within the City of Dubuque the following services: (A) Further City's Goal of Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity; (B) Maintain and expand a cooperative labor-management resource center; (C) Maintain a speakers bureau; (D) Maintain the publication of a bimonthly newsletter; (E) Expand educational incentives and outreach; (F) Expand existing membership; (G)Facilitate a cooperative effort between labor and management in City; (H)Comply with City Council goals and priorities set forth in Exhibit A; and (1) Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion; and (J) All services listed in Exhibit D, Memorandum of Understanding SECTION 2. CITY RESPONSIBILITIES. 1 2.1 City designates the Economic Development Director to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 2.2 City will provide opportunities to demonstrate this support by inviting the Executive Director of Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: (A) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, 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, 2023, through June 30, 2024. SECTION 4. COMPENSATION. 4.1 City shall pay Agency Thirty -Five Thousand Dollars 00/100 ($35,000) as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. 4.2 The compensation shall be paid by City to Agency on a quarterly basis, within ten (10) days after receipt by City of a requisition of quarterly sum from Agency. SECTION 5. AUDIT AND EVALUATION. Inasmuch as the funds to be provided to Agency by City are public funds, Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary I documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. SECTION 6. REPORTING AND MONITORING. 6.1 Agency shall comply with City'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.citvofdubugue.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 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", 2023, January 15t" 2024, April 15t", 2024, and July 15t", 2024. 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. [+yx01[a]►fAQ 6*91NILViII'I_%IEel ki P 7.1 In carrying 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. 3 Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 7.2 Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. SECTION 8. TERMINATION OF AGREEMENT. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Agency of such and specifying the effective date thereof not less than thirty (30) days before the effective date of such termination. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such thirty (30) day period, this Agreement shall be deemed terminated at the end of such thirty (30) day period without further action of either party. Upon termination of this Agreement, Agency shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. SECTION 9. ASSIGNABILITY. Agency shall not assign any interest in this Agreement without the prior written approval of City. SECTION 10. INSURANCE. At the time of execution of this Agreement by Agency, Agency shall provide City copies of Agency's insurance certificates showing compliance with the insurance requirements of Insurance Schedule G, included as Exhibit B. El CITY OF ©UBUQUE Brad M. C v!!:h@ PMayor WITNESS laa,z6��A �9, 'If�� �� Adrienne N. Breittelder, City Clerk DUBUOUE AREA LABOR MANAGEMENT COUNCIL 4�--z� � K Coo er, E 6�tive Director EXHIBIT A CITY COUNCIL GOALS & PRIORITIES 4 DUBUQUE CITY COUNCIL 2024 BRAD M. CAVANAGH RIC W. JONES DAVID T. RESNICK SUSAN R. FARBER LAURA J. ROUSSELL DANNY C. SPRANK KATY A. WETHAL MAYOR AT -LARGE AT -LARGE 1ST WARD 2ND WARD 3RD WARD 4TH WARD Five Year Goals 2022-2027 Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity Vibrant Community: Healthy & Safe Livable Neighborhoods and Housing: Great Place to Live Financially Responsible, High —Performance City Organization: Sustainable, Equitable, and Effective Service Delivery Sustainable Environment: Preserving and Enhancing Natural Resources Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility 2036 Vision Statement Dubuque 2036 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome. Dubuque 2036 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city government's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. c.� 1 rJ Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2022 - 2024 Top Priorities (in alphabetical ord Air Service Future Strategy • Action Plan • Chaplain Schmitt Island Master Plan Implementation • City Workforce Retention and Attraction: Direction and Funding • Climate Action Plan Implementation • Comprehensive Fire Stations Locations: Study, Report, Direction, and Funding • Street Program: Direction and Funding Management in progress are items that are underway and budgeted. Staff is implementing and providing updates to City Council. Major projeCtS are projects that are underway and budgeted. Staff is implementing and providing updates to City Council. • Catfish Creek Sanitary Sewer Project: Debt Policy Direction, Phasing, and Funding • Central Avenue Revitalization Plan: Adoption, Direction, and City Actions • Five Flags: Options, Funding Mechanism, Direction, and Next Steps • Housing Incentive Policy: Review and Direction • Poverty Prevention and Reduction Plan Implementation • Sutton Pool Staffing and Operational Needs: Future Direction and Funding Robust Local Economy Management in Progress • Field of Dreams Stadium: Next Steps for City • Industrial Park Development a. West McFadden/Graf Site Infrastructure b. Crossroads Industrial Park Infrastructure • Minority-, Women-, Disabled-, and LGBT-Owned Business Enterprises (MWDBE) Business Support (including diverse suppliers) • MWDBE Procurement Policy, Process Revision and Recruitment • River Cruise Infrastructure and Initial Cruise (Continued on page 4) Vibrant Community Management in Progress • 911 Center Accreditation • Comprehensive Police Transparency Annual Report • Emergency Communication Transfer to Dubuque County: Policy Direction and City Actions • Traffic and Security Cameras Deployment • Equitable Fines and Fees Reform • Fire Department Culture Action Plan • Fire Department Recruitment and Staffing • National Incident Management System (NIMS) Development and Training: Mayor/City Council and Management Team Implementation • Police Department Recruitment and Staffing Livable Neighborhoods 8t Housing Management in Progress • Emerald Ash Borer Damage: Update Report & Funding • Historic Millwork District: Next Steps • Multicultural Family Center Youth Programs Expansion • Neighborhood Associations Process/Guidelines: Development • Unified Development Code Update Major Projects • Hendrick's Feed Site Parking Ramp Financially -Responsible, High - Performance City Organization Management in Progress • Americans with Disabilities Act (ADA) Compliance Transition Report • Cartegraph Operations Management Software System Asset Management System • City Facilities Security Short -Term Action Plan: Access Codes • City Legislative Lobbying/Advocacy Agenda 2022 • City Plan and Performance Tracking Software and Reporting Tool • Digital Signatures Policy • Downtown City FaciIities/Workspace Analysis and Plan • Enterprise Resource Planning (ERP) Software Implementation • Human Resources Modernization: Two Positions • Organizational Culture Continuous Improvement a. Performance Reviews b. Exit Interviews c. Consultant Services & Support Major Projects • Engine House Remodel Project Sustainable Environment Management in Progress • Bee Branch Greenway Operations and Maintenance • Bee Branch Basin Pump Replacement • Lead and Copper Pipe Rule Compliance Water Sampling and Testing • Pollinator Habitat in Park System • Sewer System Infrastructure Asset Master Plan • Water and Resource Recovery Center: Nutrient Trading • Water Plant and Distribution Systems Condition Assessment/Master Plan Major Projects • Water Department Supervisory Control and Data Acquisition (SCADA) System Overhaul • Water Lines Extension — Southwest Arterial Partnership for a Better Dubuque Management in Progress • AmeriCorps Support of Grade -Level Reading Initiative • Boards/Commissions Recruitment Plan • City Life Program Offered in Spanish • Homeless Shelter for Men with Children: Construction Completion Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Management in Progress • Arts and Culture Master Plan Implementation • Arts Operating Grants Update Report • Comprehensive Parks Master Plan • Dubuque Renaissance BIPOC Arts Initiative • Grand River Center Management Agreement Major Projects • Comiskey Park Upgrade Project: Phase 1 Construction • Eagle Valley Subdivision Park: Construction • English Ridge Subdivision Park: Construction • Five Flags Short -Term Improvements: Roof and HVAC Stabilization • Jackson Park Restrooms: Completion Connected Community Management in Progress • Community Broadband Project: Fiber -to -the -Home • New Buses: Delivery • Traffic Signal Synchronization/STREETS Program Major Projects • East/West Corridor Capacity Improvements a. University/Pennsylvania Roundabout: Design b. University/Asbury Roundabout: Design c. University/Loras Roundabout: Design • JFK Road Sidewalks Project: Construction • Julien Dubuque Bridge Fiber Duct Installation • Northwest Arterial Upgrade (IDOT Partnership) Phase 2: Construction • Southwest Arterial Intelligent Transportation System (ITS) Project • US 151/Wisconsin Bridge Fiber Installation EXHIBIT B INSURANCE SCHEDULE 11 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1. Agency shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated July 1, 2023 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) 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. Page 3 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 4 of 4 Schedule G Vendors April 2021 EXHIBIT C INCLUSIVE DUBUQUE 16 A r r Connecting people. Strengthening community. Inclusive Dubuque w Everyone deserves to live in a place where they are respected, valued and engaged in civic life. This philosophy guides the Inclusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformational change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. Why It Matters How It Works Our region is growing more diverse. However, many minority communities in Dubuque have historically lacked access to resources that enable them to thrive. Furthermore, residents of diverse backgrounds have experienced hostilities that make them feel unwelcome. To drive economic growth, retain residents and affirm the humanity of all people, everyone must feel welcome and have the ability to achieve their full potential. Our Unique Role We are conveners and collaborators, facilitating important conversations and developing systemic solutions to equity issues, such as: • Preparing minority and first -generation college students for careers. • Improving access to health and wellness resources like brain health services. • Bridging language and cultural barriers so immigrants can fully participate in the community. • Preparing, attracting and retaining a diverse workforce. Hosted by the Community Foundation of Greater Dubuque, Inclusive Dubuque leverages relationships with nonprofits, government entities, businesses and generous community members to realize a shared vision for Dubuque: A vibrant and inclusive region with resources and opportunities for all. f Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who, through meetings, learning opportunities and workshops, identify ways to drive equitable opportunities for all people. Our Accomplishments • Created Dubuque's first Community Equity Profile in 2015 and updated it in 2023; engaged over 3,500 people in the process across both years. • In partnership with a group of local religious sisters, led and published the Immigration Community Assessment, looking at resources available to local immigrant residents. • Established the Rural Equity Network to strengthen collaboration among community partners to build informed and equitable rural communities. • Formed the Business Leader Equity Cohort for local executives to build a diverse and inclusive workforce. • Published guides focused on building equitable, inclusive communities and workplaces, including the Dubuque Cultural Resource Guide, DEI Toolkit and Workplace Disability Inclusion Guide. I ' EXHIBIT D MEMORANDUM OF UNDERSTANDING 19 DuBUQUE AREA L ABOR-MANAGCMENT COUNCIL, -Worbng together for o better contwrmj� r" P.O.1#i 11, Dubogoe, L4 Si001-0414 Phone: W-:592-&M E-maul: mfoadadmr.eet wyrrr.DALMC.com Memorandum i F Understanding Dubuq ue Area Labor-Managerne nt Councii I and City of Dubuque partnership Mar-ch 24, 21021 The Dubuque Area Labor-ManagementCoundl [DALMC) will offer career and post-6econdaFV planning opportunities to minority and underserved students in the Dubuque area through career coa€hing, career presentations, tours, jab shadows and possible internships through the Tech WORKS and Career Learning Link program. DALMc will work with organizations such as Padfx Island student groups at Hempstead and senior, Black Men'scoalitionrAkeroatire Learning center and Multicultural Family center to enhance their current activities to best serve their students. Other organizations will be added throughout the year as agreemelrn can be esta blished. c Increase the number of minority students rgostered in the Tech WORKS program. The current percentage is 7%of our 8,2 stu tents-Addinga minimum of six new sdrdents for career coaching. . $780 in staffing • DALMC staff will meet -with student granpssuch asthe Padfic Wanders, Blade Men's Coalition, Alternative Leasing Center and Muitioultural Family center to educate the students about the career and peat -secondary planning opportunities avaiable to them. . $520instaffing • DALMc staff wil aLsa work with the City of Dubuque departments to setup opportunities for staff members to gKM presentations at the Dubuque Middle and High Schools durillgthree career exploration events. . $585instaffing c DALMC wil I also work to set up smal I group tours of city de pa rtments once the pandemic is over and students are al lowed to go on tours. Tours wil I he held during the sdiool day to various city departments. The goal is to host four tours per whuol year to start. . $L%11 in staffing n Job shadows wi II be arra nged for stardents that are noerested in learning mare about careers with the city- - $=5 in staffing The Dubuque Area Labor -Management Council will partner with the city of Dubuque and Northeast Iowa Community college on the EPA Innovation Water Infrastructure Goa rFL DALMC staff will assist in events and work -based learning for students in VkI2" grade. a Grant meetings and preparation. . $457 in staffing* Total inVeSMWFit-$4,747 Sincerely, - Kelly Cooper Executive Director 'itis amour* would need to m adi uteri if the first is Awarded. 20 AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND DUBUQUE DREAM CENTER THIS AGREEMENT, dated for reference purposes the 1st day of July, 2023, is made and entered into by and between City of Dubuque, Iowa (City) and the Dubuque Dream Center (Agency). WHEREAS, Agency has retained professional staff for the formulation and implementation of programs for the enhancement of equitable conditions and opportunities for youth and families in the City of Dubuque; and WHEREAS, private contributors have allocated funds or other resources for the support of Agency; and WHEREAS, City has deemed it to be in the public interest to provide financial assistance to be used to cover general operating expenses of Agency's program. 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 of Dubuque Goal of Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable; (B) Provide quality and affordable youth supervision and care for working families during non -school hours; (C) Provide academic programming to facilitate improved reading and math scores of youth participants; (D) Provide personal development programming through mentoring and other appropriate methods; (E) Provide opportunities for youth participants to engage in sports, music, and performing arts activities; (F) Provide summer employment and soft skills training opportunities; (G)Provide transportation for families in need; (H) Provide parent support system for families in need; (1) Comply with City Council goals and priorities set forth in Exhibit A; and (J) Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 1 SECTION 2. CITY RESPONSIBILITIES. 2.1 City designates the Economic Development Director to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 2.2 In the event that any reports, records and maps are existing and available and are useful to carry out the work on the Scope of the Work, City shall promptly furnish such material to Agency. 2.3 City will provide opportunities to demonstrate this support by inviting the President of Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: (A) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, 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 July 1, 2023, through June 30, 2024. SECTION 4. COMPENSATION. The term of this Agreement shall be from 4.1 City shall pay Agency an amount not to exceed Sixty -Three Thousand Dollars 00/100 ($63,000) as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. 4.2 The compensation shall be paid by City to Agency on a quarterly basis, within ten (10) days after receipt by City of a requisition of quarterly sum from Agency. SECTION 5. AUDIT AND EVALUATION. Inasmuch as the funds to be provided to Agency by City are public funds, Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. SECTION 6. REPORTING AND MONITORING. 6.1 Agency shall comply with City'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.citvofdubugue.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 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", 2023, January 15t" 2024, April 15t", 2024, and July 15t", 2024. 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. 3 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 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 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 B. 10 CITY OF DUBUQUE, IOWA Brad M. C�-jogh, Mayor WITNESS Adrienne N. Breitfelder, City Clerk DUBUQUE DREAM CENTER Robert Kimble, Executive Director EXHIBIT A CITY COUNCIL GOALS & PRIORITIES 4 DUBUQUE CITY COUNCIL 2024 BRAD M. CAVANAGH RIC W. JONES DAVID T. RESNICK SUSAN R. FARBER LAURA J. ROUSSELL DANNY C. SPRANK KATY A. WETHAL MAYOR AT -LARGE AT -LARGE 1ST WARD 2ND WARD 3RD WARD 4TH WARD Five Year Goals 2022-2027 Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity Vibrant Community: Healthy & Safe Livable Neighborhoods and Housing: Great Place to Live Financially Responsible, High —Performance City Organization: Sustainable, Equitable, and Effective Service Delivery Sustainable Environment: Preserving and Enhancing Natural Resources Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility 2036 Vision Statement Dubuque 2036 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome. Dubuque 2036 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city government's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. c.� 1 rJ Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2022 - 2024 Top Priorities (in alphabetical ord Air Service Future Strategy • Action Plan • Chaplain Schmitt Island Master Plan Implementation • City Workforce Retention and Attraction: Direction and Funding • Climate Action Plan Implementation • Comprehensive Fire Stations Locations: Study, Report, Direction, and Funding • Street Program: Direction and Funding Management in progress are items that are underway and budgeted. Staff is implementing and providing updates to City Council. Major projeCtS are projects that are underway and budgeted. Staff is implementing and providing updates to City Council. • Catfish Creek Sanitary Sewer Project: Debt Policy Direction, Phasing, and Funding • Central Avenue Revitalization Plan: Adoption, Direction, and City Actions • Five Flags: Options, Funding Mechanism, Direction, and Next Steps • Housing Incentive Policy: Review and Direction • Poverty Prevention and Reduction Plan Implementation • Sutton Pool Staffing and Operational Needs: Future Direction and Funding Robust Local Economy Management in Progress • Field of Dreams Stadium: Next Steps for City • Industrial Park Development a. West McFadden/Graf Site Infrastructure b. Crossroads Industrial Park Infrastructure • Minority-, Women-, Disabled-, and LGBT-Owned Business Enterprises (MWDBE) Business Support (including diverse suppliers) • MWDBE Procurement Policy, Process Revision and Recruitment • River Cruise Infrastructure and Initial Cruise (Continued on page 4) Vibrant Community Management in Progress • 911 Center Accreditation • Comprehensive Police Transparency Annual Report • Emergency Communication Transfer to Dubuque County: Policy Direction and City Actions • Traffic and Security Cameras Deployment • Equitable Fines and Fees Reform • Fire Department Culture Action Plan • Fire Department Recruitment and Staffing • National Incident Management System (NIMS) Development and Training: Mayor/City Council and Management Team Implementation • Police Department Recruitment and Staffing Livable Neighborhoods 8t Housing Management in Progress • Emerald Ash Borer Damage: Update Report & Funding • Historic Millwork District: Next Steps • Multicultural Family Center Youth Programs Expansion • Neighborhood Associations Process/Guidelines: Development • Unified Development Code Update Major Projects • Hendrick's Feed Site Parking Ramp Financially -Responsible, High - Performance City Organization Management in Progress • Americans with Disabilities Act (ADA) Compliance Transition Report • Cartegraph Operations Management Software System Asset Management System • City Facilities Security Short -Term Action Plan: Access Codes • City Legislative Lobbying/Advocacy Agenda 2022 • City Plan and Performance Tracking Software and Reporting Tool • Digital Signatures Policy • Downtown City FaciIities/Workspace Analysis and Plan • Enterprise Resource Planning (ERP) Software Implementation • Human Resources Modernization: Two Positions • Organizational Culture Continuous Improvement a. Performance Reviews b. Exit Interviews c. Consultant Services & Support Major Projects • Engine House Remodel Project Sustainable Environment Management in Progress • Bee Branch Greenway Operations and Maintenance • Bee Branch Basin Pump Replacement • Lead and Copper Pipe Rule Compliance Water Sampling and Testing • Pollinator Habitat in Park System • Sewer System Infrastructure Asset Master Plan • Water and Resource Recovery Center: Nutrient Trading • Water Plant and Distribution Systems Condition Assessment/Master Plan Major Projects • Water Department Supervisory Control and Data Acquisition (SCADA) System Overhaul • Water Lines Extension — Southwest Arterial Partnership for a Better Dubuque Management in Progress • AmeriCorps Support of Grade -Level Reading Initiative • Boards/Commissions Recruitment Plan • City Life Program Offered in Spanish • Homeless Shelter for Men with Children: Construction Completion Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Management in Progress • Arts and Culture Master Plan Implementation • Arts Operating Grants Update Report • Comprehensive Parks Master Plan • Dubuque Renaissance BIPOC Arts Initiative • Grand River Center Management Agreement Major Projects • Comiskey Park Upgrade Project: Phase 1 Construction • Eagle Valley Subdivision Park: Construction • English Ridge Subdivision Park: Construction • Five Flags Short -Term Improvements: Roof and HVAC Stabilization • Jackson Park Restrooms: Completion Connected Community Management in Progress • Community Broadband Project: Fiber -to -the -Home • New Buses: Delivery • Traffic Signal Synchronization/STREETS Program Major Projects • East/West Corridor Capacity Improvements a. University/Pennsylvania Roundabout: Design b. University/Asbury Roundabout: Design c. University/Loras Roundabout: Design • JFK Road Sidewalks Project: Construction • Julien Dubuque Bridge Fiber Duct Installation • Northwest Arterial Upgrade (IDOT Partnership) Phase 2: Construction • Southwest Arterial Intelligent Transportation System (ITS) Project • US 151/Wisconsin Bridge Fiber Installation EXHIBIT B INSURANCE SCHEDULE 11 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1. Agency shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated July 1, 2023 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) 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. Page 3 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 4 of 4 Schedule G Vendors April 2021 EXHIBIT C INCLUSIVE DUBUQUE 16 A r r Connecting people. Strengthening community. Inclusive Dubuque w Everyone deserves to live in a place where they are respected, valued and engaged in civic life. This philosophy guides the Inclusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformational change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. Why It Matters How It Works Our region is growing more diverse. However, many minority communities in Dubuque have historically lacked access to resources that enable them to thrive. Furthermore, residents of diverse backgrounds have experienced hostilities that make them feel unwelcome. To drive economic growth, retain residents and affirm the humanity of all people, everyone must feel welcome and have the ability to achieve their full potential. Our Unique Role We are conveners and collaborators, facilitating important conversations and developing systemic solutions to equity issues, such as: • Preparing minority and first -generation college students for careers. • Improving access to health and wellness resources like brain health services. • Bridging language and cultural barriers so immigrants can fully participate in the community. • Preparing, attracting and retaining a diverse workforce. Hosted by the Community Foundation of Greater Dubuque, Inclusive Dubuque leverages relationships with nonprofits, government entities, businesses and generous community members to realize a shared vision for Dubuque: A vibrant and inclusive region with resources and opportunities for all. f Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who, through meetings, learning opportunities and workshops, identify ways to drive equitable opportunities for all people. Our Accomplishments • Created Dubuque's first Community Equity Profile in 2015 and updated it in 2023; engaged over 3,500 people in the process across both years. • In partnership with a group of local religious sisters, led and published the Immigration Community Assessment, looking at resources available to local immigrant residents. • Established the Rural Equity Network to strengthen collaboration among community partners to build informed and equitable rural communities. • Formed the Business Leader Equity Cohort for local executives to build a diverse and inclusive workforce. • Published guides focused on building equitable, inclusive communities and workplaces, including the Dubuque Cultural Resource Guide, DEI Toolkit and Workplace Disability Inclusion Guide. I ' AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND DUBUQUE MAIN STREET THIS AGREEMENT, dated for reference purposes the 1st day of July, 2023, is made and entered into by and between the City of Dubuque, (City) and Dubuque Main Street, a nonprofit corporation (Agency). WHEREAS, City desires to engage the services of Agency to provide and implement a downtown revitalization program and to provide a part time development position; and WHEREAS, Agency has indicated its willingness to provide 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 SERVICES. Agency shall: (A) Further the City of Dubuque Goal: Partnership for a Better Dubuque: Building our community that is viable, livable and equitable; (B) Coordinate a downtown revitalization program aimed at the creation and retention of jobs, prevention and elimination of slum and blight, enhancement of the local tax base and the capturing of private investment; (C) Manage Farmer's Market and Town Clock Festival area; (D) Develop and conduct ongoing public awareness and education programs designed to enhance appreciation of the district's architecture and other assets; (E) Work with appropriate public agencies at the local, state and federal levels to obtain necessary funding for downtown revitalization projects. These may include but not be limited to design assistance, promotional publications, building rehabilitation, parking and public improvements; (F) Utilize the National Trust's Main Street project format, develop and maintain data systems to track the process and progress of the project. These include, but are not limited to, economic data monitoring, individual building files, thorough photographic documentation of all physical changes and information on job creation and business retention; 1 (G)Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion; and (H)Comply with City Council goals and priorities set forth in Exhibit A. (1) The City of Dubuque, Grand Opera House and Dubuque Main Street have collaborated on the installation and management of a sign on 8'" Street. As agreed, the sign will be a public sign with an electronic reader board for advertising public events and will include permanent signage for the Grand Opera House. The message control center for the reader board shall be located in the offices of the Grand, and the design may also include a remote center at City Hall. Control and responsibility of the message center will be jointly coordinated between the Grand, the City of Dubuque and Dubuque Main Street. On -going maintenance will be the joint responsibility of the Grand and the City of Dubuque. The Grand will be responsible only for those elements of the sign that identify the Grand on the structure. Insurance coverage for the sign will be included in the City of Dubuque's existing policy. 2.1 City designates the Economic Development Director to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 2.2 City will provide opportunities to demonstrate this support by inviting the Executive Director of Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities- (A)The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, 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 I (D)Access to City's equity toolkit. SECTION 3. TIME OF PERFORMANCE. The term of this agreement shall be from July 1, 2023, through June 30, 2024. SECTION 4. COMPENSATION. 4.1 City shall pay Agency Ninety -Six Thousand Two Hundred Eleven Dollars 00/100 ($96,211) as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. 4.2 The compensation shall be paid by City to Agency on a quarterly basis, within ten (10) days after receipt by City of a requisition of quarterly sum from Agency. SECTION 5. AUDIT AND EVALUATION. Inasmuch the funds to be provided to Agency by City are public funds, Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. SECTION 6. REPORTING AND MONITORING. 6.1 Agency shall provide City quarterly reports at a regularly scheduled City Council meeting detailing its activities beginning with the quarter ending September 30, 2023. 6.2 Agency shall comply with City'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.citVofdubugue.org/FormCenter/Budget-15/Contracted-Services- Performance-Report-208 6.3 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 any other demographic Agency has prioritized. Agency should also identify community -level outcomes in which it is 3 actively working to advance the racial disparity. 6.4 The online quarterly reports shall be due on October 151n, 2023, January 15tn 2024, April 15tn, 2024, and July 15tn, 2024. 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. 6.5 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 the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Agency shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment without regard to age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 7.2 Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. SECTION 8. TERMINATION OF AGREEMENT. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Agency of such and specifying the effective date thereof not less than thirty (30) days before the effective date of such termination. If Agency shall fail to cure its default to the El 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 B. CITY OF DUBUQUE, IOWA WITNESS Adrienne N. Breitfelder, City Clerk ❑UBUQUE MAIN STREET Je a s Board President 5 EXHIBIT A CITY COUNCIL GOALS & PRIORITIES 4 DUBUQUE CITY COUNCIL 2024 BRAD M. CAVANAGH RIC W. JONES DAVID T. RESNICK SUSAN R. FARBER LAURA J. ROUSSELL DANNY C. SPRANK KATY A. WETHAL MAYOR AT -LARGE AT -LARGE 1ST WARD 2ND WARD 3RD WARD 4TH WARD Five Year Goals 2022-2027 Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity Vibrant Community: Healthy & Safe Livable Neighborhoods and Housing: Great Place to Live Financially Responsible, High —Performance City Organization: Sustainable, Equitable, and Effective Service Delivery Sustainable Environment: Preserving and Enhancing Natural Resources Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility 2036 Vision Statement Dubuque 2036 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome. Dubuque 2036 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city government's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. c.� 1 rJ Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2022 - 2024 Top Priorities (in alphabetical ord Air Service Future Strategy • Action Plan • Chaplain Schmitt Island Master Plan Implementation • City Workforce Retention and Attraction: Direction and Funding • Climate Action Plan Implementation • Comprehensive Fire Stations Locations: Study, Report, Direction, and Funding • Street Program: Direction and Funding Management in progress are items that are underway and budgeted. Staff is implementing and providing updates to City Council. Major projeCtS are projects that are underway and budgeted. Staff is implementing and providing updates to City Council. • Catfish Creek Sanitary Sewer Project: Debt Policy Direction, Phasing, and Funding • Central Avenue Revitalization Plan: Adoption, Direction, and City Actions • Five Flags: Options, Funding Mechanism, Direction, and Next Steps • Housing Incentive Policy: Review and Direction • Poverty Prevention and Reduction Plan Implementation • Sutton Pool Staffing and Operational Needs: Future Direction and Funding Robust Local Economy Management in Progress • Field of Dreams Stadium: Next Steps for City • Industrial Park Development a. West McFadden/Graf Site Infrastructure b. Crossroads Industrial Park Infrastructure • Minority-, Women-, Disabled-, and LGBT-Owned Business Enterprises (MWDBE) Business Support (including diverse suppliers) • MWDBE Procurement Policy, Process Revision and Recruitment • River Cruise Infrastructure and Initial Cruise (Continued on page 4) Vibrant Community Management in Progress • 911 Center Accreditation • Comprehensive Police Transparency Annual Report • Emergency Communication Transfer to Dubuque County: Policy Direction and City Actions • Traffic and Security Cameras Deployment • Equitable Fines and Fees Reform • Fire Department Culture Action Plan • Fire Department Recruitment and Staffing • National Incident Management System (NIMS) Development and Training: Mayor/City Council and Management Team Implementation • Police Department Recruitment and Staffing Livable Neighborhoods 8t Housing Management in Progress • Emerald Ash Borer Damage: Update Report & Funding • Historic Millwork District: Next Steps • Multicultural Family Center Youth Programs Expansion • Neighborhood Associations Process/Guidelines: Development • Unified Development Code Update Major Projects • Hendrick's Feed Site Parking Ramp Financially -Responsible, High - Performance City Organization Management in Progress • Americans with Disabilities Act (ADA) Compliance Transition Report • Cartegraph Operations Management Software System Asset Management System • City Facilities Security Short -Term Action Plan: Access Codes • City Legislative Lobbying/Advocacy Agenda 2022 • City Plan and Performance Tracking Software and Reporting Tool • Digital Signatures Policy • Downtown City FaciIities/Workspace Analysis and Plan • Enterprise Resource Planning (ERP) Software Implementation • Human Resources Modernization: Two Positions • Organizational Culture Continuous Improvement a. Performance Reviews b. Exit Interviews c. Consultant Services & Support Major Projects • Engine House Remodel Project Sustainable Environment Management in Progress • Bee Branch Greenway Operations and Maintenance • Bee Branch Basin Pump Replacement • Lead and Copper Pipe Rule Compliance Water Sampling and Testing • Pollinator Habitat in Park System • Sewer System Infrastructure Asset Master Plan • Water and Resource Recovery Center: Nutrient Trading • Water Plant and Distribution Systems Condition Assessment/Master Plan Major Projects • Water Department Supervisory Control and Data Acquisition (SCADA) System Overhaul • Water Lines Extension — Southwest Arterial Partnership for a Better Dubuque Management in Progress • AmeriCorps Support of Grade -Level Reading Initiative • Boards/Commissions Recruitment Plan • City Life Program Offered in Spanish • Homeless Shelter for Men with Children: Construction Completion Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Management in Progress • Arts and Culture Master Plan Implementation • Arts Operating Grants Update Report • Comprehensive Parks Master Plan • Dubuque Renaissance BIPOC Arts Initiative • Grand River Center Management Agreement Major Projects • Comiskey Park Upgrade Project: Phase 1 Construction • Eagle Valley Subdivision Park: Construction • English Ridge Subdivision Park: Construction • Five Flags Short -Term Improvements: Roof and HVAC Stabilization • Jackson Park Restrooms: Completion Connected Community Management in Progress • Community Broadband Project: Fiber -to -the -Home • New Buses: Delivery • Traffic Signal Synchronization/STREETS Program Major Projects • East/West Corridor Capacity Improvements a. University/Pennsylvania Roundabout: Design b. University/Asbury Roundabout: Design c. University/Loras Roundabout: Design • JFK Road Sidewalks Project: Construction • Julien Dubuque Bridge Fiber Duct Installation • Northwest Arterial Upgrade (IDOT Partnership) Phase 2: Construction • Southwest Arterial Intelligent Transportation System (ITS) Project • US 151/Wisconsin Bridge Fiber Installation EXHIBIT B INSURANCE SCHEDULE 11 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1. Agency shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated July 1, 2023 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) 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. Page 3 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 4 of 4 Schedule G Vendors April 2021 EXHIBIT C INCLUSIVE DUBUQUE 16 A r r Connecting people. Strengthening community. Inclusive Dubuque w Everyone deserves to live in a place where they are respected, valued and engaged in civic life. This philosophy guides the Inclusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformational change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. Why It Matters How It Works Our region is growing more diverse. However, many minority communities in Dubuque have historically lacked access to resources that enable them to thrive. Furthermore, residents of diverse backgrounds have experienced hostilities that make them feel unwelcome. To drive economic growth, retain residents and affirm the humanity of all people, everyone must feel welcome and have the ability to achieve their full potential. Our Unique Role We are conveners and collaborators, facilitating important conversations and developing systemic solutions to equity issues, such as: • Preparing minority and first -generation college students for careers. • Improving access to health and wellness resources like brain health services. • Bridging language and cultural barriers so immigrants can fully participate in the community. • Preparing, attracting and retaining a diverse workforce. Hosted by the Community Foundation of Greater Dubuque, Inclusive Dubuque leverages relationships with nonprofits, government entities, businesses and generous community members to realize a shared vision for Dubuque: A vibrant and inclusive region with resources and opportunities for all. f Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who, through meetings, learning opportunities and workshops, identify ways to drive equitable opportunities for all people. Our Accomplishments • Created Dubuque's first Community Equity Profile in 2015 and updated it in 2023; engaged over 3,500 people in the process across both years. • In partnership with a group of local religious sisters, led and published the Immigration Community Assessment, looking at resources available to local immigrant residents. • Established the Rural Equity Network to strengthen collaboration among community partners to build informed and equitable rural communities. • Formed the Business Leader Equity Cohort for local executives to build a diverse and inclusive workforce. • Published guides focused on building equitable, inclusive communities and workplaces, including the Dubuque Cultural Resource Guide, DEI Toolkit and Workplace Disability Inclusion Guide. I ' AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND THE FOUNTAIN OF YOUTH PROGRAM THIS AGREEMENT, dated for reference purposes the 1st day of July, 2023, is made and entered into by and between City of Dubuque, Iowa (City) and The Fountain of Youth Program (Agency). WHEREAS, Agency has retained professional staff for the formulation and implementation of programs for the enhancement of equitable conditions and opportunities for low-income individuals in the City of Dubuque; and WHEREAS, private contributors have allocated funds or other resources for the support of Agency; and WHEREAS, City has deemed it to be in the public interest to provide financial assistance to be used to cover general operating expenses of Agency's program. 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 the City of Dubuque Goal: of Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity; (B) Serve individuals experiencing generational poverty; (C) Provide one-on-one personal development programming to support individuals from generational poverty achieve their life goals; (D) Provide support group programming centered around cognitive behavioral intervention and the development of mindfulness and critical thinking; (E) Provide support group programming that focuses on personal maturation and sustaining mindset and behavioral change; (F) Provide programming to educate groups/individuals in the community wanting to seek change or learn more about diversity, equity and inclusion (G)Comply with City Council goals and priorities set forth in Exhibit A; and (H)Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. SECTION 2. CITY RESPONSIBILITIES. 1 2.1 City designates the Economic Development Director to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 2.2 In the event that any reports, records and maps are existing and available and are useful to carry out the work on the Scope of the Work, City shall promptly furnish such material to Agency. 2.3 City will provide opportunities to demonstrate this support by inviting the President of Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: (A) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, 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. from July 1, 2023, through June 30, 2024. SECTION 4. COMPENSATION The term of this Agreement shall be 4.1 City shall pay Agency an amount not to exceed Sixty -Three Thousand Dollars 00/100 ($63,000) as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. 4.2 The compensation shall be paid by City to Agency on a quarterly basis, within ten (10) days after receipt by City of a requisition of quarterly sum from Agency. I SECTION 5. AUDIT AND EVALUATION. Inasmuch as the funds to be provided to Agency by City are public funds, Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. SECTION 6. REPORTING AND MONITORING. 6.1 Agency shall comply with City'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.citvofdubugue.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 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", 2023, January 15t" 2024, April 15t", 2024, and July 15t", 2024. 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. 3 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 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 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 B. El CITY OF ❑UBUQUE, IOWA WITNESS Adrienne N. Breitfelder, City Clerk THE FOUNTAIN OF YOUTH PROGRAM Caprice Janes, Executive Director EXHIBIT A CITY COUNCIL GOALS & PRIORITIES 4 DUBUQUE CITY COUNCIL 2024 BRAD M. CAVANAGH RIC W. JONES DAVID T. RESNICK SUSAN R. FARBER LAURA J. ROUSSELL DANNY C. SPRANK KATY A. WETHAL MAYOR AT -LARGE AT -LARGE 1ST WARD 2ND WARD 3RD WARD 4TH WARD Five Year Goals 2022-2027 Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity Vibrant Community: Healthy & Safe Livable Neighborhoods and Housing: Great Place to Live Financially Responsible, High —Performance City Organization: Sustainable, Equitable, and Effective Service Delivery Sustainable Environment: Preserving and Enhancing Natural Resources Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility 2036 Vision Statement Dubuque 2036 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome. Dubuque 2036 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city government's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. c.� 1 rJ Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2022 - 2024 Top Priorities (in alphabetical ord Air Service Future Strategy • Action Plan • Chaplain Schmitt Island Master Plan Implementation • City Workforce Retention and Attraction: Direction and Funding • Climate Action Plan Implementation • Comprehensive Fire Stations Locations: Study, Report, Direction, and Funding • Street Program: Direction and Funding Management in progress are items that are underway and budgeted. Staff is implementing and providing updates to City Council. Major projeCtS are projects that are underway and budgeted. Staff is implementing and providing updates to City Council. • Catfish Creek Sanitary Sewer Project: Debt Policy Direction, Phasing, and Funding • Central Avenue Revitalization Plan: Adoption, Direction, and City Actions • Five Flags: Options, Funding Mechanism, Direction, and Next Steps • Housing Incentive Policy: Review and Direction • Poverty Prevention and Reduction Plan Implementation • Sutton Pool Staffing and Operational Needs: Future Direction and Funding Robust Local Economy Management in Progress • Field of Dreams Stadium: Next Steps for City • Industrial Park Development a. West McFadden/Graf Site Infrastructure b. Crossroads Industrial Park Infrastructure • Minority-, Women-, Disabled-, and LGBT-Owned Business Enterprises (MWDBE) Business Support (including diverse suppliers) • MWDBE Procurement Policy, Process Revision and Recruitment • River Cruise Infrastructure and Initial Cruise (Continued on page 4) Vibrant Community Management in Progress • 911 Center Accreditation • Comprehensive Police Transparency Annual Report • Emergency Communication Transfer to Dubuque County: Policy Direction and City Actions • Traffic and Security Cameras Deployment • Equitable Fines and Fees Reform • Fire Department Culture Action Plan • Fire Department Recruitment and Staffing • National Incident Management System (NIMS) Development and Training: Mayor/City Council and Management Team Implementation • Police Department Recruitment and Staffing Livable Neighborhoods 8t Housing Management in Progress • Emerald Ash Borer Damage: Update Report & Funding • Historic Millwork District: Next Steps • Multicultural Family Center Youth Programs Expansion • Neighborhood Associations Process/Guidelines: Development • Unified Development Code Update Major Projects • Hendrick's Feed Site Parking Ramp Financially -Responsible, High - Performance City Organization Management in Progress • Americans with Disabilities Act (ADA) Compliance Transition Report • Cartegraph Operations Management Software System Asset Management System • City Facilities Security Short -Term Action Plan: Access Codes • City Legislative Lobbying/Advocacy Agenda 2022 • City Plan and Performance Tracking Software and Reporting Tool • Digital Signatures Policy • Downtown City FaciIities/Workspace Analysis and Plan • Enterprise Resource Planning (ERP) Software Implementation • Human Resources Modernization: Two Positions • Organizational Culture Continuous Improvement a. Performance Reviews b. Exit Interviews c. Consultant Services & Support Major Projects • Engine House Remodel Project Sustainable Environment Management in Progress • Bee Branch Greenway Operations and Maintenance • Bee Branch Basin Pump Replacement • Lead and Copper Pipe Rule Compliance Water Sampling and Testing • Pollinator Habitat in Park System • Sewer System Infrastructure Asset Master Plan • Water and Resource Recovery Center: Nutrient Trading • Water Plant and Distribution Systems Condition Assessment/Master Plan Major Projects • Water Department Supervisory Control and Data Acquisition (SCADA) System Overhaul • Water Lines Extension — Southwest Arterial Partnership for a Better Dubuque Management in Progress • AmeriCorps Support of Grade -Level Reading Initiative • Boards/Commissions Recruitment Plan • City Life Program Offered in Spanish • Homeless Shelter for Men with Children: Construction Completion Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Management in Progress • Arts and Culture Master Plan Implementation • Arts Operating Grants Update Report • Comprehensive Parks Master Plan • Dubuque Renaissance BIPOC Arts Initiative • Grand River Center Management Agreement Major Projects • Comiskey Park Upgrade Project: Phase 1 Construction • Eagle Valley Subdivision Park: Construction • English Ridge Subdivision Park: Construction • Five Flags Short -Term Improvements: Roof and HVAC Stabilization • Jackson Park Restrooms: Completion Connected Community Management in Progress • Community Broadband Project: Fiber -to -the -Home • New Buses: Delivery • Traffic Signal Synchronization/STREETS Program Major Projects • East/West Corridor Capacity Improvements a. University/Pennsylvania Roundabout: Design b. University/Asbury Roundabout: Design c. University/Loras Roundabout: Design • JFK Road Sidewalks Project: Construction • Julien Dubuque Bridge Fiber Duct Installation • Northwest Arterial Upgrade (IDOT Partnership) Phase 2: Construction • Southwest Arterial Intelligent Transportation System (ITS) Project • US 151/Wisconsin Bridge Fiber Installation EXHIBIT B INSURANCE SCHEDULE 11 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1. Agency shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated July 1, 2023 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) 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. Page 3 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 4 of 4 Schedule G Vendors April 2021 EXHIBIT C INCLUSIVE DUBUQUE 16 A r r Connecting people. Strengthening community. Inclusive Dubuque w Everyone deserves to live in a place where they are respected, valued and engaged in civic life. This philosophy guides the Inclusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformational change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. Why It Matters How It Works Our region is growing more diverse. However, many minority communities in Dubuque have historically lacked access to resources that enable them to thrive. Furthermore, residents of diverse backgrounds have experienced hostilities that make them feel unwelcome. To drive economic growth, retain residents and affirm the humanity of all people, everyone must feel welcome and have the ability to achieve their full potential. Our Unique Role We are conveners and collaborators, facilitating important conversations and developing systemic solutions to equity issues, such as: • Preparing minority and first -generation college students for careers. • Improving access to health and wellness resources like brain health services. • Bridging language and cultural barriers so immigrants can fully participate in the community. • Preparing, attracting and retaining a diverse workforce. Hosted by the Community Foundation of Greater Dubuque, Inclusive Dubuque leverages relationships with nonprofits, government entities, businesses and generous community members to realize a shared vision for Dubuque: A vibrant and inclusive region with resources and opportunities for all. f Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who, through meetings, learning opportunities and workshops, identify ways to drive equitable opportunities for all people. Our Accomplishments • Created Dubuque's first Community Equity Profile in 2015 and updated it in 2023; engaged over 3,500 people in the process across both years. • In partnership with a group of local religious sisters, led and published the Immigration Community Assessment, looking at resources available to local immigrant residents. • Established the Rural Equity Network to strengthen collaboration among community partners to build informed and equitable rural communities. • Formed the Business Leader Equity Cohort for local executives to build a diverse and inclusive workforce. • Published guides focused on building equitable, inclusive communities and workplaces, including the Dubuque Cultural Resource Guide, DEI Toolkit and Workplace Disability Inclusion Guide. I ' AGREEMENT BY AND BETWEEN CITY OF DUBUQUE, IOWA AND FOUR MOUNDS FOUNDATION THIS AGREEMENT, dated for reference purposes the 1st day of July, 2023, is made and entered into by and between City of Dubuque, Iowa (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. 1 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, 2023 through June 30, 2024. 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. I 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.citvofdubugue.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", 2023, January 15t" 2024, April 15t", 2024, and July 15t"° 2024. 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 3 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. El CITY OF DUBUQUE, IOWA By: Bra avanacb.,ayor ►-Aa9*16 By: '4' 2, '2 e Adrienne Breitfelder, City Clerk FOUR MOUNDS FOUNDATION By: Mary Gronen, Director EXHIBIT A CITY COUNCIL GOALS & PRIORITIES 4 DUBUQUE CITY COUNCIL 2024 BRAD M. CAVANAGH RIC W. JONES DAVID T. RESNICK SUSAN R. FARBER LAURA J. ROUSSELL DANNY C. SPRANK KATY A. WETHAL MAYOR AT -LARGE AT -LARGE 1ST WARD 2ND WARD 3RD WARD 4TH WARD Five Year Goals 2022-2027 Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity Vibrant Community: Healthy & Safe Livable Neighborhoods and Housing: Great Place to Live Financially Responsible, High —Performance City Organization: Sustainable, Equitable, and Effective Service Delivery Sustainable Environment: Preserving and Enhancing Natural Resources Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility 2036 Vision Statement Dubuque 2036 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome. Dubuque 2036 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city government's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. c.� 1 rJ Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2022 - 2024 Top Priorities (in alphabetical ord Air Service Future Strategy • Action Plan • Chaplain Schmitt Island Master Plan Implementation • City Workforce Retention and Attraction: Direction and Funding • Climate Action Plan Implementation • Comprehensive Fire Stations Locations: Study, Report, Direction, and Funding • Street Program: Direction and Funding Management in progress are items that are underway and budgeted. Staff is implementing and providing updates to City Council. Major projeCtS are projects that are underway and budgeted. Staff is implementing and providing updates to City Council. • Catfish Creek Sanitary Sewer Project: Debt Policy Direction, Phasing, and Funding • Central Avenue Revitalization Plan: Adoption, Direction, and City Actions • Five Flags: Options, Funding Mechanism, Direction, and Next Steps • Housing Incentive Policy: Review and Direction • Poverty Prevention and Reduction Plan Implementation • Sutton Pool Staffing and Operational Needs: Future Direction and Funding Robust Local Economy Management in Progress • Field of Dreams Stadium: Next Steps for City • Industrial Park Development a. West McFadden/Graf Site Infrastructure b. Crossroads Industrial Park Infrastructure • Minority-, Women-, Disabled-, and LGBT-Owned Business Enterprises (MWDBE) Business Support (including diverse suppliers) • MWDBE Procurement Policy, Process Revision and Recruitment • River Cruise Infrastructure and Initial Cruise (Continued on page 4) Vibrant Community Management in Progress • 911 Center Accreditation • Comprehensive Police Transparency Annual Report • Emergency Communication Transfer to Dubuque County: Policy Direction and City Actions • Traffic and Security Cameras Deployment • Equitable Fines and Fees Reform • Fire Department Culture Action Plan • Fire Department Recruitment and Staffing • National Incident Management System (NIMS) Development and Training: Mayor/City Council and Management Team Implementation • Police Department Recruitment and Staffing Livable Neighborhoods 8t Housing Management in Progress • Emerald Ash Borer Damage: Update Report & Funding • Historic Millwork District: Next Steps • Multicultural Family Center Youth Programs Expansion • Neighborhood Associations Process/Guidelines: Development • Unified Development Code Update Major Projects • Hendrick's Feed Site Parking Ramp Financially -Responsible, High - Performance City Organization Management in Progress • Americans with Disabilities Act (ADA) Compliance Transition Report • Cartegraph Operations Management Software System Asset Management System • City Facilities Security Short -Term Action Plan: Access Codes • City Legislative Lobbying/Advocacy Agenda 2022 • City Plan and Performance Tracking Software and Reporting Tool • Digital Signatures Policy • Downtown City FaciIities/Workspace Analysis and Plan • Enterprise Resource Planning (ERP) Software Implementation • Human Resources Modernization: Two Positions • Organizational Culture Continuous Improvement a. Performance Reviews b. Exit Interviews c. Consultant Services & Support Major Projects • Engine House Remodel Project Sustainable Environment Management in Progress • Bee Branch Greenway Operations and Maintenance • Bee Branch Basin Pump Replacement • Lead and Copper Pipe Rule Compliance Water Sampling and Testing • Pollinator Habitat in Park System • Sewer System Infrastructure Asset Master Plan • Water and Resource Recovery Center: Nutrient Trading • Water Plant and Distribution Systems Condition Assessment/Master Plan Major Projects • Water Department Supervisory Control and Data Acquisition (SCADA) System Overhaul • Water Lines Extension — Southwest Arterial Partnership for a Better Dubuque Management in Progress • AmeriCorps Support of Grade -Level Reading Initiative • Boards/Commissions Recruitment Plan • City Life Program Offered in Spanish • Homeless Shelter for Men with Children: Construction Completion Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Management in Progress • Arts and Culture Master Plan Implementation • Arts Operating Grants Update Report • Comprehensive Parks Master Plan • Dubuque Renaissance BIPOC Arts Initiative • Grand River Center Management Agreement Major Projects • Comiskey Park Upgrade Project: Phase 1 Construction • Eagle Valley Subdivision Park: Construction • English Ridge Subdivision Park: Construction • Five Flags Short -Term Improvements: Roof and HVAC Stabilization • Jackson Park Restrooms: Completion Connected Community Management in Progress • Community Broadband Project: Fiber -to -the -Home • New Buses: Delivery • Traffic Signal Synchronization/STREETS Program Major Projects • East/West Corridor Capacity Improvements a. University/Pennsylvania Roundabout: Design b. University/Asbury Roundabout: Design c. University/Loras Roundabout: Design • JFK Road Sidewalks Project: Construction • Julien Dubuque Bridge Fiber Duct Installation • Northwest Arterial Upgrade (IDOT Partnership) Phase 2: Construction • Southwest Arterial Intelligent Transportation System (ITS) Project • US 151/Wisconsin Bridge Fiber Installation EXHIBIT B INSURANCE SCHEDULE 12 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1. Agency shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated July 1, 2023 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) 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. Page 3 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 4 of 4 Schedule G Vendors April 2021 EXHIBIT C INCLUSIVE DUBUQUE 17 A r r Connecting people. Strengthening community. Inclusive Dubuque w Everyone deserves to live in a place where they are respected, valued and engaged in civic life. This philosophy guides the Inclusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformational change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. Why It Matters How It Works Our region is growing more diverse. However, many minority communities in Dubuque have historically lacked access to resources that enable them to thrive. Furthermore, residents of diverse backgrounds have experienced hostilities that make them feel unwelcome. To drive economic growth, retain residents and affirm the humanity of all people, everyone must feel welcome and have the ability to achieve their full potential. Our Unique Role We are conveners and collaborators, facilitating important conversations and developing systemic solutions to equity issues, such as: • Preparing minority and first -generation college students for careers. • Improving access to health and wellness resources like brain health services. • Bridging language and cultural barriers so immigrants can fully participate in the community. • Preparing, attracting and retaining a diverse workforce. Hosted by the Community Foundation of Greater Dubuque, Inclusive Dubuque leverages relationships with nonprofits, government entities, businesses and generous community members to realize a shared vision for Dubuque: A vibrant and inclusive region with resources and opportunities for all. f Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who, through meetings, learning opportunities and workshops, identify ways to drive equitable opportunities for all people. Our Accomplishments • Created Dubuque's first Community Equity Profile in 2015 and updated it in 2023; engaged over 3,500 people in the process across both years. • In partnership with a group of local religious sisters, led and published the Immigration Community Assessment, looking at resources available to local immigrant residents. • Established the Rural Equity Network to strengthen collaboration among community partners to build informed and equitable rural communities. • Formed the Business Leader Equity Cohort for local executives to build a diverse and inclusive workforce. • Published guides focused on building equitable, inclusive communities and workplaces, including the Dubuque Cultural Resource Guide, DEI Toolkit and Workplace Disability Inclusion Guide. I ' AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GREATER DUBUQUE DEVELOPMENT CORPORATION THIS AGREEMENT, dated for reference purposes the 1 st day of July, 2023, is made and entered into by and between the City of Dubuque, Iowa (City) and the Greater Dubuque Development Corporation (Agency), a nonprofit Agency, for economic development services. WHEREAS, Agency has retained professional staff for the formulation and implementation of programs for the enhancement of economic conditions and employment generating opportunities in the City of Dubuque and its environs; and WHEREAS, the County of Dubuque, Iowa and private contributors have allocated funds or other resources for the support of Agency; and WHEREAS, Agency represents itself as technically and professionally qualified to provide economic development services. NOW THEREFORE, in consideration of their mutual promises hereinafter set forth, the parties hereto agree as follows: SECTION 1. SCOPE OF SERVICE. 1.1 It is an expressed purpose of City to maintain an economically viable community by encouraging private sector development, which produces jobs and expands the local tax base. City seeks the assistance of Agency in being part of a program of coordinated economic development activities which will assure: (a) that local firms having potential to expand shall have sites and other resources available to facilitate such expansion; (b) that other resources shall be developed to aid in the recruitment of business and industry, especially those that offer employment opportunities; and that such other activities as may stimulate private sector employment expansion shall be undertaken. 1.2 Agency shall: (A) Further City's Goal of Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity; (B) Commence work upon execution of this Agreement by both parties, and fully perform the services described in the Scope of the Work in Exhibit A and comply with City Council goals and priorities set forth in Exhibit B; and (C)Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. SECTION 2. CITY RESPONSIBILITIES. 2.1 City designates the Economic Development Director, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 2.2 In the event that any reports, records and maps are existing and available and are useful to carry out the work in the Scope of the Work, City shall promptly furnish such material to Agency. 2.3 City will provide opportunities to demonstrate this support by inviting the Executive Director of Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: (A) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, 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 July 1, 2023, through June 30, 2024. SECTION 4. COMPENSATION. The term of this Agreement shall be from City shall pay Agency for Fiscal Year 2024 an amount not to exceed Eight Hundred Thirty - Six Thousand One Hundred Thirty -Five Dollars and 00/100 ($836,135) as compensation for the services provided by Agency (described in Appendix A), which payment shall constitute complete compensation for all services to be rendered, as follows: 2 (1) General Economic Development Services: One Hundred Fourteen Thousand, Five Hundred Dollars and 00/100 ($114,500) paid quarterly in the amount of Twenty -Eight Thousand Six Hundred Twenty -Five Dollars and 00/100 ($28,625). Such compensation shall be paid by City to Agency on a quarterly basis, within ten (10) days after receipt by City of a requisition of quarterly sum from Agency. (2) Dubuque Area Retail Expansion: Forty -Two Thousand Dollars and 00/100 ($42,000) paid quarterly in the amount of Ten Thousand Five Hundred Dollars and 00/100 ($10,500). Such compensation shall be paid by City to Agency on a quarterly basis, within ten (10) days after receipt by City of a requisition of quarterly sum from Agency. (3) Greater Dubuque: 2027 Campaign: Two Hundred Twenty -One Thousand Five Hundred Dollars and 00/100 ($221,500), which payment shall constitute the second of five annual payments for the Greater Dubuque: 2027 Campaign. Such compensation shall be paid by City to Agency within ten (10) days after receipt by City of a requisition for such sum from Agency. (4) Dubuque Works: One Hundred Twenty Thousand Dollars and 00/100 ($120,000). Such compensation shall be paid by City to River Valley Initiative Foundation within ten (10) days after receipt by City of a requisition for such sum from Agency. (5) Workforce Solutions Initiative: One Hundred Fifty Thousand Dollars and 00/100 ($150,000). Such compensation shall be paid by City to Agency within ten (10) days after receipt by City of a requisition for such sum from Agency. (6) Director of Sustainable Innovation position: One Hundred Five Thousand Five Hundred Dollars and 00/100 ($105,500) which shall support the Smarter Sustainable Dubuque Initiative, which payment shall constitute full and complete compensation for such services. Such compensation shall be paid by City to Agency within ten (10) days after receipt by City of a requisition for such sum from Agency. (7) Dubuque's True North: Twenty -Six Thousand Five Hundred Dollars and 00/100 ($26,500) shall be paid separately in four equal installments of Six Thousand Six Hundred Twenty -Five Dollars and 00/100 ($6,625). Such 3 compensation shall be paid by City to Agency on a quarterly basis, within ten (10) days after receipt by City of a requisition of quarterly sum from Agency. (8) www.AccessDubuqueJobs.com: Eight Thousand, One Hundred Thirty -Five Dollars and 00/100 ($8,135) which payment shall constitute full and complete compensation for such services. Such compensation shall be paid by City to Agency within ten (10) days after receipt by City of a requisition for such sum from Agency. (9) The Dubuque Area Economic Development Promotion, Marketing and Recruitment: Forty -Eight Thousand Dollars and 00/100 ($48,000) shall be paid as follows: City agrees to reimburse Agency for expenses incurred by Agency, either directly or indirectly, related to sales and marketing of City - owned commercial and industrial property. Expenses eligible for reimbursement include but are not limited to; design and production of marketing materials, distribution of marketing materials, sales and marketing consultant services, client contacts and training and staff development related to marketing and sales. Travel expenses will be reimbursed in accordance with City's travel policy attached hereto as Exhibit E. Agency shall provide invoices to the City Economic Development Department, which includes documentation of the expenses incurred and a short description of the specific services provided through the invoiced expenditures. City shall provide reimbursement of qualified expenditures within thirty (30) days of receipt of invoice. SECTION 5. AUDIT AND EVALUATION. Inasmuch as the funds are provided to Agency by City and are subject to audit and performance evaluation to ensure that activities and the expenditures are carried out according to requirements of the Agreement, Agency shall maintain books of account conforming to 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, including records of contracts and solicitations of businesses and industries which may otherwise be subject to rules of confidentiality, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. SECTION 6. REPORTING AND MONITORING. 12 6.1 Agency shall provide City quarterly reports at a regularly scheduled City Council meeting detailing its activities beginning with the quarter ending September 30, 2023. 6.2 Agency shall comply with the City of Dubuque's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency: https://www.citvofdubugue.org/FormCenter/Budget-15/Contracted-Services- Performance-Regort-208 6.3 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 Agency has prioritized. Agency should also identify community -level outcomes in which it is actively working to advance the racial disparity. 6.4 The online quarterly reports shall be due on October 1511, 2023, January 15tn 2024, April 15tn, 2024, and July 15tn, 2024. 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. 6.5 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 Economic Development Director. 6.6 In addition, Agency shall provide to City a copy of any studies, documents, or reports which may be produced under the activities described in Appendix A, which may be evidence of work performed and which do not otherwise violate the confidentiality of any business or industry contacts that may be developed during the course of this Agreement. 6.7 Agency and City agree that the coordination of efforts, particularly at the staff level, is essential to the success of the scope of activities noted above. Therefore, the City Manager and such other of the City Manager's staff may direct to meet with Agency's Executive Director or other Agency representatives at least once each month to review progress under each of the activities noted above. SECTION 7. DISCRIMINATION. 5 7.1 In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 7.2 Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activities funded in whole or in part with 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. CONFLICT OF INTEREST. No member, officer or employee of City, or their designees or agents, no member of the Dubuque City Council and no other public official of City who exercises any function or responsibilities with respect to the program during his such person's tenure, or one year thereafter, shall have any financial interest, direct or indirect, in this Agreement or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. SECTION 9. TERMINATION OF AGREEMENT, 9.1 If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Agency of such and specifying the effective date thereof not less than thirty (30) days before the effective date of such termination. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such thirty (30) day period, this Agreement shall be deemed terminated at the end of such thirty (30) day period without further action of either party. n 9.2 Upon termination of this Agreement, Agency shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. SECTION 10. ASSIGNABILITY. Agency shall not assign any interest in this Agreement without the prior written approval of City. SECTION 11. INSURANCE. At the time of execution of this Agreement by Agency, Agency shall provide City copies of Agency's insurance certificates showing compliance with the insurance requirements of Insurance Schedule G, included as Exhibit B. CITY OF DUBUQUE ra M. Ca nag" ayor WITNESS Adrienne N. Breitfelder, City Clerk GREATER DUBUQUE DEVELOPMENT AGENCY Rick Dickinson, Presid nt & CEO EXHIBIT A SCOPE OF WORK 1. GENERAL ECONOMIC DEVELOPMENT SERVICES Agency Responsibilities Agency shall respond to inquiries from the public and provide general information regarding available commercial and industrial development. It shall prepare a monthly newsletter for general circulation. Agency shall assemble and publish an annual Dubuque Area Industrial Directory which will be web -based. City Responsibilities City shall provide Agency with current information on City financial assistance programs, and proposed terms, and on other matters relating to City's policies and capacity to support business development. City will collaborate with Agency staff on response to business inquiries and related matters. City shall be fully responsible for establishing and negotiating all terms and conditions for City economic development programs in collaboration with Agency. 2. DUBUQUE AREA RETAIL EXPANSION Agency Responsibilities Agency will direct the process of identifying, expanding and attracting retail opportunities for the Greater Dubuque area. Agency's responsibilities include: implementing and maintaining a database of retail decision -makers in targeted businesses; locating and/or employing tools to retrieve demographic and household data for the Greater Dubuque area; meeting with local realtors and developers to build and maintain a listing of local property available for development; developing custom proposals that include data that positively reflects the Greater Dubuque area's retail potential; coordination of meetings with local officials and facilitate site visits; and tracking the status of all leads and projects for report to the Board of Directors and City. 3. GREATER DUBUQUE: 2022 CAMPAIGN Agency Responsibilities n. Agency will secure the financial resources necessary to fund an organization and activities that will achieve measurable outcomes regarding workforce, population, wages, and commercial construction within a five-year period. Agency's responsibilities include: build -on proven ability to be the "go to" resource for private sector businesses; serve as the liaison between existing employers and public officials to resolve any barriers to growth and/or the creation of jobs; conduct over 300 I nfoAction interviews per year with regional employers and maintain a confidential data base to work with individual companies to track business trends and intelligence; facilitate and assist private -sector employers with converting principles of sustainability into decisions that improve the bottom line and create possible deal flow; continue partnership with the Telegraph Herald and Woodward Communications in the promotion of AccessDubuqueJobs.com, continue to grow partnerships at all regional institutions of higher learning, act as an advocate for both K-12 and higher education, which is critical for economic success; continue to spearhead the nationally -recognized Dubuque Works program, which eliminates duplication and enhances the performance of regional workforce partners and programs; expand Distinctively Dubuque as a powerful tool for newcomers to experience Dubuque; over 100 new employees and top recruits (per year) will be welcomed to our area; expand welcoming program to serve all area employers by providing concierge services to company recruits and newcomers; identify and recruit emerging industries with the highest growth potential; enhance national marketing and public relations through the implementation of newly enhanced website and social media opportunities; and remember that technology is no substitute for shoe leather and personal contact. 4. DUBUQUE WORKS Agency Responsibilities Agency will secure the financial resources necessary to develop, manage and sell a model workforce program, leverage key competencies to promote and market one unified workforce initiative, and lead and support efforts to attract and retain a high qualified workforce. 5. WORKFORCE SOLUTIONS INITIATIVE Agency Responsibilities Agency will hire staff who shall be dedicated exclusively to assist with workforce development and such other activities as may be required by area businesses. A 6. SMARTER SUSTAINABLE DUBUQUE Agency Responsibilities Agency will hire a Director of Sustainable Innovation who shall be dedicated to assist with City staff with work on timely issues as mutually agreed upon by the parties (i.e., childcare, housing, broadband). 7. Access DubuqueJobs.com Agency Responsibilities Agency will provide City unlimited job postings to www.AccessDubugueJobs.com 8. DUBUQUE AREA ECONOMIC DEVELOPMENT PROMOTION, MARKETING AND RECRUITMENT Agency Responsibilities Agency will provide sales and marketing of commercial and industrial properties owned by City. Services will be provided on a best effort basis, with no specific requirements for markets reached, sales leads, or sales closed. Agency will prepare promotion and marketing materials illustrating Dubuque and Dubuque area industrial development opportunities, including acquisition of print materials to provide information on employment development opportunities. Agency shall assemble an industrial development information base, including but not limited to labor force availability, wage rates, industrial site availability and cost, utility capacities, transportation services, medical care, and other information that may be useful in the industrial location process. Agency shall promulgate such materials in response to inquiries and to other opportunities. The City travels to different locations around the state and county to advance a strategic influence, to build relationships at the legislative and philanthropic arenas and to share the Dubuque story to continue to create a positive brand. When requested by the City, Agency staff will travel with City representatives using funds from the Dubuque Area Economic Development Promotion, Marketing and Recruitment compensation. Citv Responsibilities 10 City, in collaboration with Dubuque Initiatives, will furnish Agency with appropriate graphic materials describing the Dubuque Industrial Center and other projects of special interest to City. City will advise on information to be incorporated in the marketing program, and provide ongoing guidance and input to Agency. City will be fully responsible for establishing and negotiating all terms and conditions for City economic development programs. 11 EXHIBIT B CITY COUNCIL GOALS & PRIORITIES 12 4 DUBUQUE CITY COUNCIL 2024 BRAD M. CAVANAGH RIC W. JONES DAVID T. RESNICK SUSAN R. FARBER LAURA J. ROUSSELL DANNY C. SPRANK KATY A. WETHAL MAYOR AT -LARGE AT -LARGE 1ST WARD 2ND WARD 3RD WARD 4TH WARD Five Year Goals 2022-2027 Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity Vibrant Community: Healthy & Safe Livable Neighborhoods and Housing: Great Place to Live Financially Responsible, High —Performance City Organization: Sustainable, Equitable, and Effective Service Delivery Sustainable Environment: Preserving and Enhancing Natural Resources Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility 2036 Vision Statement Dubuque 2036 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome. Dubuque 2036 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city government's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. c.� 1 rJ Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2022 - 2024 Top Priorities (in alphabetical ord Air Service Future Strategy • Action Plan • Chaplain Schmitt Island Master Plan Implementation • City Workforce Retention and Attraction: Direction and Funding • Climate Action Plan Implementation • Comprehensive Fire Stations Locations: Study, Report, Direction, and Funding • Street Program: Direction and Funding Management in progress are items that are underway and budgeted. Staff is implementing and providing updates to City Council. Major projeCtS are projects that are underway and budgeted. Staff is implementing and providing updates to City Council. • Catfish Creek Sanitary Sewer Project: Debt Policy Direction, Phasing, and Funding • Central Avenue Revitalization Plan: Adoption, Direction, and City Actions • Five Flags: Options, Funding Mechanism, Direction, and Next Steps • Housing Incentive Policy: Review and Direction • Poverty Prevention and Reduction Plan Implementation • Sutton Pool Staffing and Operational Needs: Future Direction and Funding Robust Local Economy Management in Progress • Field of Dreams Stadium: Next Steps for City • Industrial Park Development a. West McFadden/Graf Site Infrastructure b. Crossroads Industrial Park Infrastructure • Minority-, Women-, Disabled-, and LGBT-Owned Business Enterprises (MWDBE) Business Support (including diverse suppliers) • MWDBE Procurement Policy, Process Revision and Recruitment • River Cruise Infrastructure and Initial Cruise (Continued on page 4) CITY OF DUBUQUE ADMINISTRATIVE POLICY POLICY NUMBER: 3.20A SUBJECT: TRAVEL REGULATIONS FOR OUT GF CITY TRAVEL PER DIEM AND MILEAGE RATES APPROVED BY: CITY MANAGER EFFECTIVE DATE: JUNE 1, 1994 JAN UARY 1, 2021 (Revised) PURPOSE The purpose of this Administrative Policy (AP) Addendum is to set forth the CWs reimbursement rates for per diem and mileage_ Mileage reimbursement for use of personal vehicle for City authorized travel: ZO.56 per mile Per diem rate for City authorized travel: F $55.013 per day standard rate F $56A0, $61.00, $68.00, 371.00 or $76.00 per day based on the attached listing of per diem meals and incidental expenses (column marked M&E Fate)_ If the city or county where you are traveling is not listed, use the standard rate of $55.00 per day. MichAel C_ Van Milligen City Manager 26 Vibrant Community Management in Progress • 911 Center Accreditation • Comprehensive Police Transparency Annual Report • Emergency Communication Transfer to Dubuque County: Policy Direction and City Actions • Traffic and Security Cameras Deployment • Equitable Fines and Fees Reform • Fire Department Culture Action Plan • Fire Department Recruitment and Staffing • National Incident Management System (NIMS) Development and Training: Mayor/City Council and Management Team Implementation • Police Department Recruitment and Staffing Livable Neighborhoods 8t Housing Management in Progress • Emerald Ash Borer Damage: Update Report & Funding • Historic Millwork District: Next Steps • Multicultural Family Center Youth Programs Expansion • Neighborhood Associations Process/Guidelines: Development • Unified Development Code Update Major Projects • Hendrick's Feed Site Parking Ramp Financially -Responsible, High - Performance City Organization Management in Progress • Americans with Disabilities Act (ADA) Compliance Transition Report • Cartegraph Operations Management Software System Asset Management System • City Facilities Security Short -Term Action Plan: Access Codes • City Legislative Lobbying/Advocacy Agenda 2022 • City Plan and Performance Tracking Software and Reporting Tool • Digital Signatures Policy • Downtown City FaciIities/Workspace Analysis and Plan • Enterprise Resource Planning (ERP) Software Implementation • Human Resources Modernization: Two Positions • Organizational Culture Continuous Improvement a. Performance Reviews b. Exit Interviews c. Consultant Services & Support Major Projects • Engine House Remodel Project Sustainable Environment Management in Progress • Bee Branch Greenway Operations and Maintenance • Bee Branch Basin Pump Replacement • Lead and Copper Pipe Rule Compliance Water Sampling and Testing • Pollinator Habitat in Park System • Sewer System Infrastructure Asset Master Plan • Water and Resource Recovery Center: Nutrient Trading • Water Plant and Distribution Systems Condition Assessment/Master Plan Major Projects • Water Department Supervisory Control and Data Acquisition (SCADA) System Overhaul • Water Lines Extension — Southwest Arterial Partnership for a Better Dubuque Management in Progress • AmeriCorps Support of Grade -Level Reading Initiative • Boards/Commissions Recruitment Plan • City Life Program Offered in Spanish • Homeless Shelter for Men with Children: Construction Completion Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Management in Progress • Arts and Culture Master Plan Implementation • Arts Operating Grants Update Report • Comprehensive Parks Master Plan • Dubuque Renaissance BIPOC Arts Initiative • Grand River Center Management Agreement Major Projects • Comiskey Park Upgrade Project: Phase 1 Construction • Eagle Valley Subdivision Park: Construction • English Ridge Subdivision Park: Construction • Five Flags Short -Term Improvements: Roof and HVAC Stabilization • Jackson Park Restrooms: Completion Connected Community Management in Progress • Community Broadband Project: Fiber -to -the -Home • New Buses: Delivery • Traffic Signal Synchronization/STREETS Program Major Projects • East/West Corridor Capacity Improvements a. University/Pennsylvania Roundabout: Design b. University/Asbury Roundabout: Design c. University/Loras Roundabout: Design • JFK Road Sidewalks Project: Construction • Julien Dubuque Bridge Fiber Duct Installation • Northwest Arterial Upgrade (IDOT Partnership) Phase 2: Construction • Southwest Arterial Intelligent Transportation System (ITS) Project • US 151/Wisconsin Bridge Fiber Installation EXHIBIT C INSURANCE SCHEDULE 17 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1. Agency shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated July 1, 2023 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) 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. Page 3 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 4 of 4 Schedule G Vendors April 2021 EXHIBIT D INCLUSIVE DUBUQUE 22 A r r Connecting people. Strengthening community. Inclusive Dubuque w Everyone deserves to live in a place where they are respected, valued and engaged in civic life. This philosophy guides the Inclusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformational change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. Why It Matters How It Works Our region is growing more diverse. However, many minority communities in Dubuque have historically lacked access to resources that enable them to thrive. Furthermore, residents of diverse backgrounds have experienced hostilities that make them feel unwelcome. To drive economic growth, retain residents and affirm the humanity of all people, everyone must feel welcome and have the ability to achieve their full potential. Our Unique Role We are conveners and collaborators, facilitating important conversations and developing systemic solutions to equity issues, such as: • Preparing minority and first -generation college students for careers. • Improving access to health and wellness resources like brain health services. • Bridging language and cultural barriers so immigrants can fully participate in the community. • Preparing, attracting and retaining a diverse workforce. Hosted by the Community Foundation of Greater Dubuque, Inclusive Dubuque leverages relationships with nonprofits, government entities, businesses and generous community members to realize a shared vision for Dubuque: A vibrant and inclusive region with resources and opportunities for all. f Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who, through meetings, learning opportunities and workshops, identify ways to drive equitable opportunities for all people. Our Accomplishments • Created Dubuque's first Community Equity Profile in 2015 and updated it in 2023; engaged over 3,500 people in the process across both years. • In partnership with a group of local religious sisters, led and published the Immigration Community Assessment, looking at resources available to local immigrant residents. • Established the Rural Equity Network to strengthen collaboration among community partners to build informed and equitable rural communities. • Formed the Business Leader Equity Cohort for local executives to build a diverse and inclusive workforce. • Published guides focused on building equitable, inclusive communities and workplaces, including the Dubuque Cultural Resource Guide, DEI Toolkit and Workplace Disability Inclusion Guide. I ' EXHIBIT E CITY OF DUBQUE TRAVEL POLICY **updated forms and rates located at https://www.cityofdubugue.org/2210/Administrative-Policies-APs 25 CITY OF DUBUQUE ADMINISTRATIVE POLICY POLICY NUMBER: 3.11A SUBJECT: TRAVEL REGULATIONS FOR OUT OF CITY TRAVEL PER DIEM AND MILEAGE RATES APPROVED BY: CITY MANAGER EDIT RESPONSIBILITY: FINANCE EFFECTIVE DATE: JUNE 1, 1994 JANUARY 1, 2023 (Revised) PURPOSE The purpose of this Administrative Policy (AP) Addendum is to set forth the City's reimbursement rates for per diem and mileage. Mileage reimbursement for use of personal vehicle for City authorized travel: $0.655 per mile Per diem rate for City authorized travel: $59.00 per day standard rate $59.00, $64.00, $69.00, $74.00 or $79.00 per day based on the attached listing of per diem meals and incidental expenses (column marked M&IE Rate). If the city or county where you are traveling is not listed, use the standard rate of $59.00 perday. k�4 Micl4ael C. Van Milligen City Manager F-,Tel a 44jyi14►II BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE AREA CONVENTION AND VISITORS BUREAU (a.k.a.TRAVEL DUBUQUE) THIS AGREEMENT, dated for reference purposes the 1st day of July 2023, is made and entered into by and between the City of Dubuque, Iowa (City), and the Dubuque Area Convention and Visitors Bureau (Agency). WHEREAS, City, as the recipient of certain hotel and motel taxes, is permitted by Iowa Code Chapter 422A, to spend such tax receipts for the promotion and encouragement of tourist and convention business in City; and WHEREAS, City has agreed to provide certain financial assistance in an amount equivalent to fifty percent (50%) of the hotel/motel tax to enable Agency to carry out such tourist and convention development on behalf of City; and WHEREAS, City has agreed to provide certain financial assistance on an annual basis as part of City's budget process to fund Sister City activities; and WHEREAS, Agency represents itself as technically and professionally qualified to provide services to effectively promote and develop the tourist and convention business for City. NOW THEREFORE, in consideration of their mutual promises hereinafter set forth, the parties hereto agree as follows: SECTION 1. SCOPE OF SERVICES. 1.1 General Duties. Agency shall: (A) Further the City of Dubuque Goal: Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity; (B) Undertake such services that are necessary and requisite to carry out a Program of Work as will be described in a Convention and Visitors Bureau Business and Marketing Plan that will be submitted to the City Manager no later than December 31, 2023; (C) Retain competent and qualified staff under appropriate supervision to plan and implement the Program of Work in an efficient and timely manner; (D) Maintain a Tourist Information Center throughout the entire year; (E) Continue marketing conventions at the Grand River Center and Five Flags Center; (F) Continue marketing of the National Mississippi River Museum and Aquarium; (G) Comply with City Council goals and priorities set forth in Exhibit A; and (H)Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 1.2 Sister City Activities. Agency shall: (A) Establish a Sister City Committee with Five (5) permanent members made up of one executive board member of Dubuque Area Convention and Visitors Bureau and two Dubuque Area Convention and Visitors Bureau staff members, a City Council representative, and a City staff member. Other members may be added as determined by permanent members of the Sister City Committee; (B) Provide staffing to the Sister City Committee; (C) Provide a strategic marketing effort that will allow for growth with community and corporate partners to provide a better understanding of the Sister City Committee and the benefits of having Sister Cities; (D) Undertake such Sister City activities that promote the vision and mission of the City Council with respect to diversity and global awareness and engage the mission of Sister Cities International; and (E) Engage and foster current and future Sister City relationships through communications and delegations while preserving an official relation with the City and its officials. SECTION 2. CITY RESPONSIBILITIES. 2.1 City designates the Economic Development Director to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 2.2 In the event that any reports, records and maps are existing and available and are useful to carry out the work on the Scope of the Work, City shall promptly furnish such material to Agency. 2.3 City will provide opportunities to demonstrate support for equity and inclusion by I inviting the Executive Director of Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: (A) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, Exhibit C; (B) The opportunity to attend intercultural and equity workshops offered by City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within Agency and through Agency's work; (C)Assistance in creating quarterly status reports that demonstrate the ways in which Agency's efforts are advancing equity and inclusion; and (D) Access to City's equity toolkit. 2.4 Sister City Committee. (A) City will pay an annual membership in the amount of $810.00 to Sister City International. (B) City will provide two (2) permanent Committee members (a City Council representative and a City staff member). SECTION 3. TIME OF PERFORMANCE. The term of this agreement shall be from July 1, 2023, through June 30, 2024. SECTION 4. COMPENSATION. 4.1 City shall pay to Agency fifty percent (50%) of the hotel and motel tax received by City for the period of October 1, 2021, through September 30, 2023 (total of $1,446,631). Such payment shall constitute full and complete compensation for all services to be rendered including personnel costs, travel, printing and publications, and all other expenses. 4.2 The compensation shall be paid by City to Agency in four quarterly installments of $361,657.75upon receipt by City of a requisition for such payment from Agency. Upon receipt of a requisition, such payments shall be due and payable as follows: First Quarter The 1st day of July, 2023 Second Quarter The 1 st day of October, 2023 Third Quarter The 1st day of January, 2024 Fourth Quarter The 1 st day of March, 2024 3 Earlier payment of the hotel motel tax may be requested by Agency to the City Manager for consideration. 4.3 Sister City Committee. City will provide an annual budget allocation of $7,500. Such compensation shall be paid by City to Agency within ten (10) days after receipt by City of a requisition for such sum from Agency. SECTION 5. AUDIT AND EVALUATION. 5.1 Inasmuch as the funds to be provided to Agency by City are public funds, Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. 5.2 Agency shall provide the Economic Development Director an annual audit report as an electronic or paper document not later than October 1, 2023. 5.3 Agency's Board shall appoint an Audit Committee. The members of the Audit Committee shall be as follows: Treasurer of Dubuque Chamber of Commerce Board; City of Dubuque Director of Finance and Budget; City of Dubuque Finance Manager, County of Dubuque Budget Director; and Treasurer of Dubuque Main Street SECTION 6. REPORTING AND MONITORING. 6.1 Agency shall provide City quarterly reports at a regularly scheduled City Council meeting detailing its activities beginning with the quarter ending September 30, 2023. 6.2 Agency shall comply with the City of Dubuque's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency- https://www.cityofdubugue.org/FormCenter/Budget-1 5/Contracted-Services- El Performance-Report-208 6.3 The online quarterly reports shall be due on October 151n, 2023, January 15tn 2024, April 15tn, 2024, and July 15tn, 2024. Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. 6.4 Agency shall provide to City copies of studies, brochures, and other documents, which may be produced to support and/or otherwise promote the work program of Agency. 6.5 To assist in coordinating the activities of Agency with City, City's Mayor, one member of the Dubuque City Council and the City Manager shall be appointed to Agency's Board of Directors. 6.6 Agency shall appoint a Convention and Visitors Bureau Advisory committee comprising of no more than twenty-five (25) members appointed by the Board to one-year terms. The committee members shall include City of Dubuque and Dubuque County employees and representatives of the tourism and convention industry in the City of Dubuque. No City or County elected official, City or County employee or member of the Chamber of Commerce Board of Directors may serve as the chairperson. 6.7 Copies of minutes of all meetings of the Convention and Visitors Bureau Board of Directors, Advisory Committee and Audit Committee shall be filed with the City Manager within ten (10) days after each meeting. SECTION 7. DISCRIMINATION 7.1 In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 5 7.2 Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of In carrying out the project, Developer shall not discriminate against any employee or applicant for employment because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. SECTION 8. CONFLICT OF INTEREST. No member, officer, or employee of City or their designees or agents; no member of the Dubuque City Council; and no other public official of City who exercises any function or responsibilities with respect to the program during such person's tenure shall have any interest, direct or indirect, in this Agreement or the proceeds thereof for work to be performed in connection with the program assisted under this Agreement. SECTION 9. TERMINATION OF AGREEMENT. 9.1 If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Agency of such and specifying the effective date thereof not less than thirty (30) days before the effective date of such termination. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such thirty (30) day period, this Agreement shall be deemed terminated at the end of such thirty (30) day period without further action of either party. 9.2 Upon termination of this Agreement, Agency shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. SECTION 10. ASSIGNABILITY. Agency shall not assign any interest in this Agreement without the prior written approval of City. SECTION 11. INSURANCE. At the time of execution of this Agreement by Agency, Agency shall provide City copies of Agency's insurance certificates showing compliance with the insurance requirements of Insurance Schedule G, attached as Exhibit B. n CITY OF DUBUQUE, IOWA By: _- Brad M. Cagiaqw, Mayor ATTEST Adrienne N. Breitfelder, City Clerk 7 DUBUQUE AREA CONVENTION AND VISITORS BUREAU By: -16V& 46Z- Keith Rahe, President, CEO Chairperson of the Board EXHIBIT A CITY GOALS AND PRIORITIES 4 DUBUQUE CITY COUNCIL 2024 BRAD M. CAVANAGH RIC W. JONES DAVID T. RESNICK SUSAN R. FARBER LAURA J. ROUSSELL DANNY C. SPRANK KATY A. WETHAL MAYOR AT -LARGE AT -LARGE 1ST WARD 2ND WARD 3RD WARD 4TH WARD Five Year Goals 2022-2027 Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity Vibrant Community: Healthy & Safe Livable Neighborhoods and Housing: Great Place to Live Financially Responsible, High —Performance City Organization: Sustainable, Equitable, and Effective Service Delivery Sustainable Environment: Preserving and Enhancing Natural Resources Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility 2036 Vision Statement Dubuque 2036 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome. Dubuque 2036 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city government's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. c.� 1 rJ Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2022 - 2024 Top Priorities (in alphabetical ord Air Service Future Strategy • Action Plan • Chaplain Schmitt Island Master Plan Implementation • City Workforce Retention and Attraction: Direction and Funding • Climate Action Plan Implementation • Comprehensive Fire Stations Locations: Study, Report, Direction, and Funding • Street Program: Direction and Funding Management in progress are items that are underway and budgeted. Staff is implementing and providing updates to City Council. Major projeCtS are projects that are underway and budgeted. Staff is implementing and providing updates to City Council. • Catfish Creek Sanitary Sewer Project: Debt Policy Direction, Phasing, and Funding • Central Avenue Revitalization Plan: Adoption, Direction, and City Actions • Five Flags: Options, Funding Mechanism, Direction, and Next Steps • Housing Incentive Policy: Review and Direction • Poverty Prevention and Reduction Plan Implementation • Sutton Pool Staffing and Operational Needs: Future Direction and Funding Robust Local Economy Management in Progress • Field of Dreams Stadium: Next Steps for City • Industrial Park Development a. West McFadden/Graf Site Infrastructure b. Crossroads Industrial Park Infrastructure • Minority-, Women-, Disabled-, and LGBT-Owned Business Enterprises (MWDBE) Business Support (including diverse suppliers) • MWDBE Procurement Policy, Process Revision and Recruitment • River Cruise Infrastructure and Initial Cruise (Continued on page 4) Vibrant Community Management in Progress • 911 Center Accreditation • Comprehensive Police Transparency Annual Report • Emergency Communication Transfer to Dubuque County: Policy Direction and City Actions • Traffic and Security Cameras Deployment • Equitable Fines and Fees Reform • Fire Department Culture Action Plan • Fire Department Recruitment and Staffing • National Incident Management System (NIMS) Development and Training: Mayor/City Council and Management Team Implementation • Police Department Recruitment and Staffing Livable Neighborhoods 8t Housing Management in Progress • Emerald Ash Borer Damage: Update Report & Funding • Historic Millwork District: Next Steps • Multicultural Family Center Youth Programs Expansion • Neighborhood Associations Process/Guidelines: Development • Unified Development Code Update Major Projects • Hendrick's Feed Site Parking Ramp Financially -Responsible, High - Performance City Organization Management in Progress • Americans with Disabilities Act (ADA) Compliance Transition Report • Cartegraph Operations Management Software System Asset Management System • City Facilities Security Short -Term Action Plan: Access Codes • City Legislative Lobbying/Advocacy Agenda 2022 • City Plan and Performance Tracking Software and Reporting Tool • Digital Signatures Policy • Downtown City FaciIities/Workspace Analysis and Plan • Enterprise Resource Planning (ERP) Software Implementation • Human Resources Modernization: Two Positions • Organizational Culture Continuous Improvement a. Performance Reviews b. Exit Interviews c. Consultant Services & Support Major Projects • Engine House Remodel Project Sustainable Environment Management in Progress • Bee Branch Greenway Operations and Maintenance • Bee Branch Basin Pump Replacement • Lead and Copper Pipe Rule Compliance Water Sampling and Testing • Pollinator Habitat in Park System • Sewer System Infrastructure Asset Master Plan • Water and Resource Recovery Center: Nutrient Trading • Water Plant and Distribution Systems Condition Assessment/Master Plan Major Projects • Water Department Supervisory Control and Data Acquisition (SCADA) System Overhaul • Water Lines Extension — Southwest Arterial Partnership for a Better Dubuque Management in Progress • AmeriCorps Support of Grade -Level Reading Initiative • Boards/Commissions Recruitment Plan • City Life Program Offered in Spanish • Homeless Shelter for Men with Children: Construction Completion Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Management in Progress • Arts and Culture Master Plan Implementation • Arts Operating Grants Update Report • Comprehensive Parks Master Plan • Dubuque Renaissance BIPOC Arts Initiative • Grand River Center Management Agreement Major Projects • Comiskey Park Upgrade Project: Phase 1 Construction • Eagle Valley Subdivision Park: Construction • English Ridge Subdivision Park: Construction • Five Flags Short -Term Improvements: Roof and HVAC Stabilization • Jackson Park Restrooms: Completion Connected Community Management in Progress • Community Broadband Project: Fiber -to -the -Home • New Buses: Delivery • Traffic Signal Synchronization/STREETS Program Major Projects • East/West Corridor Capacity Improvements a. University/Pennsylvania Roundabout: Design b. University/Asbury Roundabout: Design c. University/Loras Roundabout: Design • JFK Road Sidewalks Project: Construction • Julien Dubuque Bridge Fiber Duct Installation • Northwest Arterial Upgrade (IDOT Partnership) Phase 2: Construction • Southwest Arterial Intelligent Transportation System (ITS) Project • US 151/Wisconsin Bridge Fiber Installation INSURANCE SCHEDULE 13 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1. Agency shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated July 1, 2023 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) 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. Page 3 of 4 Schedule G Vendors April 2021 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 4 of 4 Schedule G Vendors April 2021 EXHIBIT C INCLUSIVE DUBUQUE in A r r Connecting people. Strengthening community. Inclusive Dubuque w Everyone deserves to live in a place where they are respected, valued and engaged in civic life. This philosophy guides the Inclusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformational change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. Why It Matters How It Works Our region is growing more diverse. However, many minority communities in Dubuque have historically lacked access to resources that enable them to thrive. Furthermore, residents of diverse backgrounds have experienced hostilities that make them feel unwelcome. To drive economic growth, retain residents and affirm the humanity of all people, everyone must feel welcome and have the ability to achieve their full potential. Our Unique Role We are conveners and collaborators, facilitating important conversations and developing systemic solutions to equity issues, such as: • Preparing minority and first -generation college students for careers. • Improving access to health and wellness resources like brain health services. • Bridging language and cultural barriers so immigrants can fully participate in the community. • Preparing, attracting and retaining a diverse workforce. Hosted by the Community Foundation of Greater Dubuque, Inclusive Dubuque leverages relationships with nonprofits, government entities, businesses and generous community members to realize a shared vision for Dubuque: A vibrant and inclusive region with resources and opportunities for all. f Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who, through meetings, learning opportunities and workshops, identify ways to drive equitable opportunities for all people. Our Accomplishments • Created Dubuque's first Community Equity Profile in 2015 and updated it in 2023; engaged over 3,500 people in the process across both years. • In partnership with a group of local religious sisters, led and published the Immigration Community Assessment, looking at resources available to local immigrant residents. • Established the Rural Equity Network to strengthen collaboration among community partners to build informed and equitable rural communities. • Formed the Business Leader Equity Cohort for local executives to build a diverse and inclusive workforce. • Published guides focused on building equitable, inclusive communities and workplaces, including the Dubuque Cultural Resource Guide, DEI Toolkit and Workplace Disability Inclusion Guide. I '