Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Fiscal Year 2024 Purchase of Services Grant Recommendations & Agreements
City of Dubuque City Council Meeting Action Items # 05. Copyrighted July 5, 2023 ITEM TITLE: Fiscal Year 2024 Purchase of Services Grant Recommendations & Agreements SUMMARY: City Manager recommending City Council approve the attached Purchase of Services Grant Agreements with the recommended organizations and authorize the Mayor to execute the agreements on behalf of the City. SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo RESOLUTION Authorizing execution of FY24 Purchase of Services Grant Agreements Suggested Disposition: Receive and File; Adopt Resolution(s) FY24 POSG Recommendations - Memo FY24 POSG - Resolution Cresent Community Health Center Agreement Four Mounds Foundation Agreement Four Mounds Foundation Agreement Signed_Uploaded 7.5.23 Four Oaks Agreement Multicultural Family Center Agreement Riverview Center Agreement St. Mark Youth Enrichment Agreement Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 z0i7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Fiscal Year 2024 Purchase of Services Grant Recommendations & Agreements DATE: June 28, 2023 Housing and Community Development Director Alexis Steger is recommending City Council approve the attached Purchase of Services Grant Agreements with the recommended organizations and authorize the Mayor to execute the agreements on behalf of the City. The Community Development Advisory Commission (CDAC) recommends funding for the following organizations: • Crescent Community Health Center, Diabetic Wound Care: Saving Lives & Limbs of Vulnerable Citizens ($10,000) • Four Mounds Foundation, Build Dubuque Home Modification ($25,000) • Four Oaks Family and Children's Services, Supporting Essential Services at Fifteenth Street Apartments ($10,000) • Multicultural Family Center, STEP: Summer Teen Empowerment Program ($12,000) • Riverview Center, Sexual Assault & Abuse Crisis Intervention & Response Program ($25,000) • St. Mark Youth Enrichment, After School Programming ($18,000) I concur with the recommendation and respectfully request Mayor and City Council approval. v Michael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing and Community Development Director Dubuque THE CITY OF AII•Americs city DUB E i nx 2007�2012�2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Fiscal Year 2024 Purchase of Services Grant Recommendations & Agreements DATE: June 26, 2023 Introduction This memorandum transmits the Fiscal Year 2024 Purchase of Services Grant funding recommendations as proposed by the Community Development Advisory Commission (CDAC). Purchase of Services Grant recipients partner with the City of Dubuque to provide support for human service programs in the City of Dubuque that further the City's goals, objectives, and priorities. Background The Fiscal Year 2024 budget provides $100,000 in general funds for the Purchase of Services Grant competition to fund human service programs and activities. The City received ten applications for funding for a total requested amount of $179,500. A subgroup of the Community Development Advisory Commission (CDAC) members and two city staff reviewed applications and recommended funding five applicants at full request, and one applicant partially with the remainder of the funding. The CDAC met on Wednesday, May 17, 2023, and accepted the recommendation of the review committee. Discussion Grant recipients agree to use Purchase of Services Grant resources to further goals identified by the City Council. The CDAC recommends funding for the following organizations: • Crescent Community Health Center, Diabetic Wound Care: Saving Lives & Limbs of Vulnerable Citizens ($10,000) • Four Mounds Foundation, Build Dubuque Home Modification ($25,000) • Four Oaks Family and Children's Services, Supporting Essential Services at Fifteenth Street Apartments ($10,000) Multicultural Family Center, STEP: Summer Teen Empowerment Program ($12,000) Riverview Center, Sexual Assault & Abuse Crisis Intervention & Response Program ($25,000) St. Mark Youth Enrichment, After School Programming ($18,000) Recommendation I respectfully request the City Council approve the attached Purchase of Services Grant Agreements with the recommended organizations and authorize the Mayor to execute the agreements on behalf of the City. Prepared by: Mary Bridget Corken-Deutsch, Community Development Specialist Prepared by Mary Bridget Corken Deutsch Housing & Community Devel., 350 W. 6«' St. Suite 312 563 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 5t., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 221-23 RESOLUTION AUTHORIZING EXECUTION OF FY24 PURCHASE OF SERVICES GRANT AGREEMENTS Whereas, the following non-profit organizations prepared and submitted requests to provide support for human service programs in the City of Dubuque: • Crescent Community Health Center • Four Mounds Foundation • Four Oak Family and Children's Services • Multicultural Family Center • Riverview Center • St. Mark Youth Enrichment; and Whereas, the City Council approved the Fiscal Year 2024 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on May 17, 2023; and Whereas, all services provided will be to a minimum of 51 % low/moderate income residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreements, authorized by the Community Development Advisory Commission beginning July 5, 2023 for Purchase of Services Grants to the aforementioned organizations be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 5th day of July 2023. Attest tz� r Adrienne Breitfeldei', City Clerk AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CRESCENT COMMUNITY HEALTH CENTER THIS AGREEMENT, dated for reference purposes the 5th day of July 2023, is made and entered into by and between the City of Dubuque, Iowa (City) and Crescent Community Health Center (Agency). WHEREAS, City desires to engage the service of a wound care program to residents with diabetes including wound care pre -screenings, prevention methods, early interventions and trained providers; and WHEREAS, Agency is willing to provide such services to City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Service Agency shall: a) further the City of Dubuque Goal of Vibrant Community: Healthy and Safe; b) provide wound care program to residents with diabetes; c) comply with City Council goals and priorities; and d) support the City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 2. City Responsibilities City designates the Community Development Specialist, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. City will provide opportunities to demonstrate this support by inviting the President of the Board of the Agency and any volunteers working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: a) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts to advance Diversity, Equity, and Inclusion; b) The opportunity to attend intercultural and equity workshops offered by the City, including trainings that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Agency and through the Agency's work; c) Assistance in creating quarterly status reports that demonstrate the ways in which the Agency's efforts are advancing equity and inclusion; and d) Access to the City's equity toolkit and SMART Goals Worksheet. 3. Time of Performance The term of this Agreement shall be from July 5, 2023 through June 30, 2024. 4. Compensation City shall pay Agency $10,000 as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid by City to Agency upon receipt by City of a requisition for such sum from Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to Agency by City are public funds, the Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. 6. Reporting and Monitoring Agency shall comply with the City of Dubuque's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency. The online quarterly reports shall be due on October 15t", January 15t", April 15t", and July 15t". Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within 60 days of audit completion. The Audit shall be submitted as either an electronic or paper document to the Community Development Specialist. 7. Reimbursement Schedule The Agency may requisition a reimbursement of expenses for project costs with each quarterly report due on October 15t", January 15t", April 15t", and July 15t". Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2024. 2 8. Discrimination In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agency assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, nor be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of race, color, creed, religion, sex, national origin, age, sexual orientation, or disability. 9. 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 days before the effective date of such termination. Final request for reimbursement must be submitted by June 15, 2024. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such seven-day period, this Agreement shall be deemed terminated at the end of such seven-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. 10. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 11. Acknowledgement. Agency will acknowledge City's financial support in appropriate signage, program materials, publicity, advertising activities, websites, and other online media pertaining to this Agreement and work performed with funds from this Agreement. Recognition guidelines are located at: https-//www.cityofdubuque.org/2805/Funding-Recognition Agency will provide evidence of such acknowledgement as an addendum to the Final Report. 3 12. Conflict of Interest No member, officer or employee of City, or its designees or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to the program during such person's tenure, may have any direct or indirect interest in this Agreement, the proceeds from this Agreement, or work performed in connection with the program assisted under this Agreement. 13. 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 Attachment A. CITY OF DUBUQUE, IOWA Bra M. Cava , Mayor Witness: Adrienne Breitfelder, City Clerk CRESCENT COMMUNITY HEALTH CENTER Gary Collins, Executive Director 4 ATTACHMENT A City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1 _ shall furnish a signed certificate of insurance to the City of Dubuque, lava 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_ Eg: Project# or purchase agreement 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- G. All required endorsements shall he 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 requited 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_ 1 Q_ Vendor shall be responsible for deductibleslself-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below_ 1 1_ 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. !." City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) W NIIIIIiiiiI Aj COMMERCIAL GENERAL LIABILITY General Aggregate Limit S,000,000 Products -Completed Operations Aggregate Limit S1,000,000 Personal and Advertising Injury Limit S1,000,000 Each Occurrence S1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments S5,000 1) Coverage shall be written on an occurrence, not claims made, farm. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form 8P 00 02. All deviations from the standard ISO commercial general I iabi I ity form CO 00 01, -or Business owners farm BP 00 0 , shall be clearly identified. ) Include ISO endorsement farm CO 25 04 "Designated Location(s) General Aggregate Lim it-" 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 andlor authorities and their board members, employees and volunteers- Use ISO form CO 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recoverfrom Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the jab 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 umbrellalexcess insurer OR If, by Iowa Code Section 85-1 A� 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 farm on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Cade Section 87-2. Completed form must be attached. City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INURAN DE SCHEDULE G {continued} q POLLUTION LIABILITY Coverage required: _Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or perm ittee 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 OG 20 37(competed operations). 3) Include Preservation of Governmental Immuniities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D} PROFESSIONAL LIABILITY $1,000,000 Coverage required: X 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 X 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. Fj UMBRELLA/EXCESS $1,000,000 Coverage required: X 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 -contributor+ in favor of the City_ 7 City of Dubuque Insurance Requirements for Venders (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 Cade 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 Cade of Iowa Section 670.4 shall be covered by the terms and condikions 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 govemmental immunity asserted by the City of Dubuque, Iowa_ No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER; FILL IN ALL BLANKS AND CHECK BOXES} ��������\ & � � � � � :\� � �� `� : q2»\� ( � � ®� 7� w J d 5.»: /« �4�w�..... �. \z «2 � ,� � Q� »�S «� ��m�� ,»,«»z»«»x, % �� �� «w2»22al9� � �� � : .� y wyay— � y y �y � � � � \� � � 2 - - � �� � �� /� � 2\� /� � i : k� �� J2-w22y-w\•��� �� � � � d� © : - -� _ ��7���� ���9�`��'�� ��-��� �_� \\§� `\»°G:� � 6 ^�- � 2»� ;\�� � /���������\' «\/1����� � � � 5 �� � � � � \\.� £: % ? 2<<� ¥ � � � � � � � � � >� »S<©:\ \:d`� �� \ ��� ������� y« ��'�\�� ����\��������� �� ������ � � � � G� � � y� � � � :� �� � \� � � 2� � AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FOUR MOUNDS FOUNDATION THIS AGREEMENT, dated for reference purposes the 5th day of July 2023, is made and entered into by and between the City of Dubuque, Iowa (City) and Four Mounds Foundation (Agency). WHEREAS, City desires to engage the service of Agency to repair and rehab existing owner -occupied structures for low to moderate income elderly residents to age in place; and WHEREAS, Agency is willing to provide such services to City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Service Agency shall: a) further the City of Dubuque Goal of Livable Neighborhoods and Housing: Great Place to Live; b) repair and rehab existing owner -occupied structures for low to moderate income elderly residents to age in place; c) comply with City Council goals and priorities; and d) support the City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 2. City Responsibilities City designates the Community Development Specialist, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. City will provide opportunities to demonstrate this support by inviting the President of the Board of the Agency and any volunteers working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: a) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts to advance Diversity, Equity, and Inclusion; b) The opportunity to attend intercultural and equity workshops offered by the City, including trainings that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Agency and through the Agency's work; c) Assistance in creating quarterly status reports that demonstrate the ways in which the Agency's efforts are advancing equity and inclusion; and d) Access to the City's equity toolkit and SMART Goals Worksheet. 3. Time of Performance The term of this Agreement shall be from July 5, 2023 through June 30, 2024. 4. Compensation City shall pay Agency $25,000 as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid by City to Agency upon receipt by City of a requisition for such sum from Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to Agency by City are public funds, the Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. 6. Reporting and Monitoring Agency shall comply with the City of Dubuque's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency. The online quarterly reports shall be due on October 15t", January 15t", April 15t", and July 15t". Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within 60 days of audit completion. The Audit shall be submitted as either an electronic or paper document to the Community Development Specialist. 7. Reimbursement Schedule The Agency may requisition a reimbursement of expenses for project costs with each quarterly report due on October 15t", January 15t", April 15t", and July 15t". Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2024. 2 8. Discrimination In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agency assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, nor be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of race, color, creed, religion, sex, national origin, age, sexual orientation, or disability. 9. 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 days before the effective date of such termination. Final request for reimbursement must be submitted by June 15, 2024. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such seven-day period, this Agreement shall be deemed terminated at the end of such seven-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. 10. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 11. Acknowledgement. Agency will acknowledge City's financial support in appropriate signage, program materials, publicity, advertising activities, websites, and other online media pertaining to this Agreement and work performed with funds from this Agreement. Recognition guidelines are located at: https-//www.cityofdubuque.org/2805/Funding-Recognition Agency will provide evidence of such acknowledgement as an addendum to the Final Report. 3 12. Conflict of Interest No member, officer or employee of City, or its designees or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to the program during such persons tenure, may have any direct or indirect interest in this Agreement, the proceeds from this Agreement, or work performed in connection with the program assisted under this Agreement. 13. 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 Attachment A. CITY OF DUBUQUE, IOWA Brad M. Cavarra ayor Witness: Adrienne Breitfelder, City Clerk FOUR MOUNDS FOUNDATION -Jo#a Gronen, Board Pfe=,kkmt-- V. P Mary Ell ATTACHMENT A City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1 _ shall furnish a signed certificate of insurance to the City of Dubuque, lava 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_ Eg: Project# or purchase agreement 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- G. All required endorsements shall he 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 requited 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_ 1 Q_ Vendor shall be responsible for deductibleslself-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below_ 1 1_ 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. !." City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) W NIIIIIiiiiI Aj COMMERCIAL GENERAL LIABILITY General Aggregate Limit S,000,000 Products -Completed Operations Aggregate Limit S1,000,000 Personal and Advertising Injury Limit S1,000,000 Each Occurrence S1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments S5,000 1) Coverage shall be written on an occurrence, not claims made, farm. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form 8P 00 02. All deviations from the standard ISO commercial general I iabi I ity form CO 00 01, -or Business owners farm BP 00 0 , shall be clearly identified. ) Include ISO endorsement farm CO 25 04 "Designated Location(s) General Aggregate Lim it-" 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 andlor authorities and their board members, employees and volunteers- Use ISO form CO 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recoverfrom Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the jab 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 umbrellalexcess insurer OR If, by Iowa Code Section 85-1 A� 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 farm on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Cade Section 87-2. Completed form must be attached. City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INURAN DE SCHEDULE G {continued} q POLLUTION LIABILITY Coverage required: _Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or perm ittee 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 OG 20 37(competed operations). 3) Include Preservation of Governmental Immuniities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D} PROFESSIONAL LIABILITY $1,000,000 Coverage required: X 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 X 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. Fj UMBRELLA/EXCESS $1,000,000 Coverage required: X 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 -contributor+ in favor of the City_ 7 City of Dubuque Insurance Requirements for Venders (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 Cade 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 Cade of Iowa Section 670.4 shall be covered by the terms and condikions 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 govemmental immunity asserted by the City of Dubuque, Iowa_ No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER; FILL IN ALL BLANKS AND CHECK BOXES} THIS AGREEMENT, dated for reference purposes the 5th day of July 2023, is made and entered into by and between the City of Dubuque, Iowa (City) and Four Oaks Family and Children's Services (Agency). WHEREAS, City desires to engage the service of Agency to provide supporting essential services at Fifteenth Street Apartments; and WHEREAS, Agency is willing to provide such services to City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: 1. Scope of Service Agency shall: a) further the City of Dubuque Goal of Partnership for a Better Dubuque: Building our Community that is Viable, Livable, and Equitable, b) provide supporting essential services at Fifteenth Street Apartments, c) comply with City Council goals and priorities; and d) support the City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 2. City Responsibilities City designates the Community Development Specialist, to act as its representative with respect to the work t0 be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. City will provide opportunities to demonstrate this support by inviting the Chair of the Boa rd of the Agency and any volunteers working on services covered by this agreement to participate in the following professional development opportunities and supporting ac tivities. a) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts to advance Diversity, Equity, and Inclusion, b) The opportunity to attend intercultural and equity workshops offered by the City, including trainings that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Agency and through the Agency's work; c) Assistance in creating quarterly status reports that demonstrate the ways in which the Agency's efforts are advancing equity and inclusion; and d) Access to the City's equity toolkit and SMART Goals Worksheet. 3. Time of Performance The term of this Agreement shall be from July 5, 2023 through June 301 2024. Compensation City shall pay Agency $10,000 as which payment shall constitute full compensation for the services provided by Agency, and complete compensation for such services. The compensation shall be paid by City to Agency upon receipt by City of a requisition for such sum from Agency. 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. ReDortina and Monitorin Agency shall comply with the City of Dubuque's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency The online quarterly reports shall be due on October 15t", January 15t", April 15t", and July 15t". Such reports shall include a performance report on the programs) supported b y City funds and a financial report on the use of City funds. If Agency has an annual audit performed, Agency shall provide City a copy o audit report within 60 days of audit completion. The Audit shall be submitted electronic or paper document to the Community Development Specialist. 7. Reimbursement Schedule f the annual as either an The Agency may requisition a reimbursement of expenses for project costs with each quarterly report due on October 15t", January 15t", April 15t", and July 15t". Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2024. 2 8. Discrimination In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agency assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, nor be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency unde 9. Termination of Agreement r the terms of this Agreement because 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 days before the effective date of such termination. Final request for reimbursement must be submitted by June 15, 2024. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such seven-day period, this Agreement shall IQ; deemed terminated at the end of such seven-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. 10. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 11. Acknowledaement. Agency will acknowledge City's financial support in appropriate signage, program materials, publicity, advertising activities, websites, and other online media pertaining to this Agreement and work performed with funds from this Agreement. Recognition guidelines are located at: https://www.cltyofdubuque.org/2805/Funding-Recognition Agency will provide evidence of such acknowledgement as an addendum to the Final Report. 12. Conflict of Interest No member, officer or employee of City, or its designees or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to the program during such person's tenure, may have any direct or indirect interest in this Agreement, the proceeds from this Agreement, or work performed in connection with the program assisted under this Agreement. 13. 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 Attachment A. CITY OF DUBUQUE, IOWA FOUR OAKS FAMILY AND CHILDREN"S SERVICES Brad M. Cav h, Mayor Ty 4Bt O'Neill, President & CEO Witness: (.GAG?��✓yt,� f�'LG�G��C•{,YfL, Adrienne Breitfelder, City Clerk C! ATTACH M ENT A I Y of C t �4 lr� %4 F11uir n fir rld r1 k Fr4li r , fro rid r� 1. �J���II ft�r��i�h � reed cec-tifi�e of it-���ir�nce to the �_� i�►` of D��ak�u+���e, low` for the coverage required in Exhibit I prior to the contract cornmencement. Each certificate shall he prepared on the ITIOSt Current ACORD► form approved by the It�v a Insurance Division or are 10 equiva.leriit_ Each certificate shall include statement Larder Description of Operations as to why the certificate a issued. E : P oject or purchase agreement :�. All policies of in�ur�r�ce re�t�ired herectnder shall ' e �it� �r� ir���rer ��utr�ori�e�d to coo [�t��ir,e�� in lo° ,a and�aJl insurers .shall have a ratng of A or better in the current A.M. Bests Rating Guide. ��. Each certificate .shall e furri�hed to e Fir�nce C�eparft�t�ent of the i` of D�ul������e. �. The ser�,rice pro�ider sJ�tall k�e iredn�irtir�ur� co�era�ellirt�its; or greater if rewired hvy law or other legal agreement, in. E n1I) t 1. Failure to provide the required minimum coverage shall not dye deemed i er of such requirements b the � of Drubuquae. ��. Foil�re to otatair or i��it�tain the re��ired ins�>r��r�ce �f���ll` ��e c.ot�sidered � n�ateri�aJ l�re�cl� of this � �reeer�t. �. '�tilhene�er � .specific l�o form is referenced the current edition of tJ�e form r��ust t;,� �� ;erg �fnlet� �n et��i'�.�aler�t fora l ��ro�ed h�, tl�e director of Finance and Dud�et. The �er�:ce prt�rri;der t���.�st identity or list in wriffing all deviations and exclusions from the ISO fora. If vendor"-q li��its of liahilit�i° are higher thnr� the reCILaired t���ini���ai� limits then -the �,�er,�or'L lire -its s�ta�l he this �reet��ent's re�i�_�ired lire_ �. Vendor shall require LII sU'•'coratraor. and sub -subcontractors to obtain and maintain durin the �erforr��arl ce of r��orl� in��r�r� ce for th e co�e.rae� de�cri ��ed in tJ�is I nsc�ran ce Bch ed�.a l e and �i��ll obtain certificates of insurance from all such subcontractors and SUL,�subcontractors. Vendor agrees that it shall he liable for the failure of a subcontractor and subsubcontractor to obtain and maintain such coverage. The CI may. request copy of such certificates front the Vendor. 1 Vendor shall be re4,ponsible for deductibJes,`self-inspired retention for payment of all policy pren�i�r�s and other costs associated �r�titl� the insurance l�c'licies ired � .11 _ All certificates of insUraClce must tst include agent, name, phone numLer_ and email address- 1 The ry Ci of UUhuue reserves Me right to require complete, certified cpiec, of all reqired �r►sura�ce policies, �nclud�tt� endor�er�et�ts, required her thi � �r.lt�dt.�le at ar�� �irr��. l 3_ The fit of C���t�tt���ae reserves the fight to modifytI-i.ese requirements, including limits, based on changes R� tf�e risl� or other special circ�tn�st.arl�e`� �4lkrlfl��� hart� �jf tale ��reelmerttr �ltect tn rrtututAlreet7et�t o e prle. 5 ny or Dubuque insurance RequiremeenTS. for Vendors 1Spupp►uers, Service Providers ��I-fII�IT` I � � �� �f� ��� �LI�► EMI �:IT�' roducts-Co pleted Opefations Aggregate Limit rsonai and Advertis"ng Injury Limit Each Occurrence Dire Damage Limit ►,,airy one occurrence) +edical Payments 1 la ICI I ity coverage sha I I be written in accofc i io,,oith I O fonli C IS 00 01 or L us I ryes_, ow ners Torm BID 00 02. All deviations from the :standard ISO commerckal general liabilit, form CIS 00 13 1, or Business. owners forth BP 00 02, shall be clearP,,; ientifiedl. Include ISO endorsement fo" C egg reLimit. Liit.. �� �� � tC��si�t�at�d L�catlortf � c��nral cic.;Ide onr�r:er��ent indictln tf�at c+���ra�e � �rlr�ar�, and nc���-cor�trit.ator_ Include Freservation of coovernmel tal IMMUniti s; Endor emetIL t a le ached) _ lnclude additional IrlSlIred, endorsernent foi`: V ILY cf U 1fkwiLIU2 Includll j all Itzk Ul��tIE;d LlII �LIPJJolnt1z; cfficialWZ)z all Its employees and volunteers, all Its boards, co 111 ISSIOn and/or authoritles and their beard members, employees and volunteers. Use ISO form 20 `I (Ong Ong operations) or its egUivalent. F, Policy shall inC[Llde Waiver of f�iglit to R cover from ��tf��r� endorsement. �tatlufo Penr-iflt:ct cnu,,=nnc� all m�In. ���aiz In,"r=d nn t.hru in h� c�veraqe A tat�.itory State of fo�� °�� r� Each Accident s Each Employee -Di Pollcv Llniit-Disea � of Right to �'ec���'��'r ff��I-I I �'i�dCr��1��itt. overage 13 llnlits Ball e rater If required Dy the umbrellar'excess iClsur�r. If, Y� Ut C;rzp' I rn Plurnzitic 1s or EI1 EP Vy %L;%-3 L i a t i lit r e o er 19 crker ' Comp natlan Insurance ComnilssionerF as required by Iowa Cede Section 7 _ 2. Completed forrn must be attached. C:� ILY of :bUUU1J�e Meaq��lreifier�ts f4.�r tMuf ors kaUP.�liers, . VI' V :e r1 VVIderb) E F F`L��.1�"II� LI�BILITi� eV+erage re Uire 'des0 �'olluton Iial�ilit��' co�serage shall �� recl�:�ired if the lessee, rorltracting p��.rty�.. �_�� pern7itte has ally pollution exposure for abatement of hazardous or contamMated niater'als it cludin-g, but not l mited to, petroleum products, the rernoval of lead, asbestos, or PcBs. Pol'-lution product and completed operations coy erage shall also he covered. Each Occurrence 2100 )00 Policy Aggregate $4,000r000 1 � F'olic�r to irrc.lude �o� site and tra��spor�a�on �erage- Include additional insured for. The City of Dubuque, including all i`ts elected and appoir�t�� off �ials, all its employees and volunteers, all 'Its boards, commissions and/or auth-on ies and their board members, employees and volunteers_ Use ISO fora G 0 1 (Ongoing Operations) or its equivalent and CG 20 37(competied operations). Include Preservatio�n of Governmental Irr�i��ur�iti,es Endorsement.;l P ro �� ide e�,,� id en ce of coverage for 5 years a fte�r cor�1 plot i on of prof ect. PROFE '�l��NAL LIABILITY` S 1,GC GC CIO �of� erag e req�a ired, des if tie required polic�r pro�i:des clai��s-.made c.o�rerage= 1 f The. P.etroac.tive Late mrust he shc��R�.jn and mi fst h+� k�efore tli� date of the f InSUrance must be maintained and evi.dene.e of insurance mi.st be pro i ded for Ieast. five ) years after completion of the work or services.. If coverage is oancel.ed or non4enerso led and riot replaced with another claims made policy form with a Retroactive Cate prior to the date of the agreement, the contractor must pro���ide `'extended reporting" co��erage for a r�ir�in�urr� of five years after coMpletion of the work or sepv ces. YES ER LIABILITY) B LEACH � 1 000 000 overage required: Yes No fl(verage for First: and Third Par Iiability including but not limited to lost data and restoratic�l�w loss a�f inco�i�i� a�� ����r �rea�l� of ir�fi�rrr�ationi. l_lMBPEL.L.AIE.CESS 1Mg�000 �ol�ierage required: des 110 The �aer�e�ra:l tyY futon"Ie�Mle Lla�il�t,� and `��rerk+ers {�orr��►�r�sat�c'fil Ii���arar-Ir e requi�-en�e�ts rn:a� �e s;�tisfed ti�ath a ct�rnhination of prirr�;ar� and n7�rell�� car Excess Lia�i'li� lnsurence. If the I„1r�f�rella or Excess Insurance �o1ie�� do -es riot follo�l� the forrrt of the priMa policies, it shall inrlude the .same e�nriorsements as reqmirerl rif the p.riar�, policies including Wa"O er of Subrogation and Primary and None contrlbutory in faVor of the 7 t. LLY 'af ki ILaclIJe I11 LNI-En%e I e1�iILJireoil ILs f'L'r'I rIdQI ILIVIliers, lurVice 11r1Yidersj l�`Ie��se �� axa�e that na��ing � +���� of �ul�uf�ue �� �n addi�io:i�al insured ��� i� re�quired tirti:s 1 isrurance Schedule may result in the wa1ver of the Cloty's government{I immu.itit�s pTovided in Iowa Code sec. 670.4_ if t ou t,#;ould like to preserve those ir��r unities, prlease use this tro orseme �t or an equisa1ent. fog.. I. lorrai�er �f o�err�r��ental Ir��r��unifiJ. Thre %►surer e��ressly, agrees and states t�iat t�t�e laurchase of thIS policy and the including of the City of Dubuque, loplira as an Add.itOnal Insured does riot wair,,;e any �f the defenses of got) ernmenti.J immunity available to the City of Dubuque, Iowa under Coyde of loWa c'e ti�_�� t'37'.4 as it i now exists and as it mav be amended from finie to time. �' ��la�inr�s o�•era�e_ The ir�su.rer further a�rees that this polic.,� of ir�sura:r�+ce. shall �o,,�er +anit�r dose claims not subject to the defense of governmental immunity under the Code of lov a Section 670.4 as it r�ov exists and as it may�e amended from time to time. Those cIair7�s not subject to ;ode of IoSR�.Ja section 670.4 shall be covered by the terms and conditions of this insurance policy. �.sser�ion of �o�ern�n�ent ln�r���unit a I I Y d efense of JoVen� m ent a l in 1111 1 U 4 an d request of the insurer_ idle asse�1. E�,.� Ti lie i of C�u�u�uelo£ta shall �e rest ��n� for I do so at O"Y tirr e and shall do so UJ <fRJI I the tinIelY-4riritten �._ ��lor�-�ec�:ial of o�era� TErie insurer sl�al-i i�ot denw� r�otiyera�e under this ��li+�.� -and the insurer shallot den'' and of t1�e rights and benefits accruing to theifir ofuuclue, loa under this poliY�f for reasons of governmental im unit°y unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental. imn7unity asserted by the City of Dubuque, low,. . O ther C:harine in Policv_ The above oreserviation of governniental immunities shall not other•ivise c:�.a , ger alter t e �ore rake atoai Iz� hale u n de r th a pol iW�. �:��E�'��TI��E��fT �����►�E�, FILL l�� �L� �L�t���� �h�� � �E�: E��:JE�1 0 c r Ow w� J +,. 1 f ' 3� x, t `i 'x AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MULTICULTURAL FAMILY CENTER THIS AGREEMENT, dated for reference purposes the 5t" day of July 2023, is made and entered into by and between the City of Dubuque, Iowa (City) and Multicultural Family Center (Agency). WHEREAS, City desires to engage the service of Agency to provide the STEP- Summer Teen Empowerment Program to teens in our community; and WHEREAS, Agency is willing to provide such services to City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Service Agency shall: a) further the City of Dubuque Goal of Partnership for a Better Dubuque: Building our Community that is Viable, Livable, and Equitable; b) provide the STEP- Summer Teen Empowerment Program; c) comply with City Council goals and priorities; and d) support the City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 2. City Responsibilities City designates the Community Development Specialist, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. City will provide opportunities to demonstrate this support by inviting the President of the Board of the Agency and any volunteers working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: a) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts to advance Diversity, Equity, and Inclusion; b) The opportunity to attend intercultural and equity workshops offered by the City, including trainings that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Agency and through the Agency's work; c) Assistance in creating quarterly status reports that demonstrate the ways in which the Agency's efforts are advancing equity and inclusion; and d) Access to the City's equity toolkit and SMART Goals Worksheet. 3. Time of Performance The term of this Agreement shall be from July 5, 2023 through June 30, 2024. 4. Compensation City shall pay Agency $12,000 as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid by City to Agency upon receipt by City of a requisition for such sum from Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to Agency by City are public funds, the Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. 6. Reporting and Monitoring Agency shall comply with the City of Dubuque's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency. The online quarterly reports shall be due on October 1511, January 15t", April 15t", and July 15t". Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within 60 days of audit completion. The Audit shall be submitted as either an electronic or paper document to the Community Development Specialist. 7. Reimbursement Schedule The Agency may requisition a reimbursement of expenses for project costs with each quarterly report due on October 15t", January 15t", April 15t", and July 15t". Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2024. 2 8. Discrimination In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agency assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, nor be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of race, color, creed, religion, sex, national origin, age, sexual orientation, or disability. 9. 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 days before the effective date of such termination. Final request for reimbursement must be submitted by June 15, 2024. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such seven-day period, this Agreement shall be deemed terminated at the end of such seven-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. 10. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 11. Acknowledgement. Agency will acknowledge City's financial support in appropriate signage, program materials, publicity, advertising activities, websites, and other online media pertaining to this Agreement and work performed with funds from this Agreement. Recognition guidelines are located at: https-//www.cityofdubuque.org/2805/Funding-Recognition Agency will provide evidence of such acknowledgement as an addendum to the Final Report. 3 12. Conflict of Interest No member, officer or employee of City, or its designees or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to the program during such person's tenure, may have any direct or indirect interest in this Agreement, the proceeds from this Agreement, or work performed in connection with the program assisted under this Agreement. 13. 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 Attachment A. CITY OF DUBUQUE, IOWA Brad M. Cavana�,�av�55—r Witness: ,. L�� A -kd-66, �, Adrienne Breitfelder, City Clerk MULTICULTURAL FAMILY CENTER 'bard President ATTACHMENT A City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE 1. shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I priccto 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. Eg: Project # or purchase agreement 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 coveragellimits, 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 ccnsidered 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 farm 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 farm. a. 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-subcontractorto 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. 1 1_ 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. 1 3. The City of Dubuque reserves the right to modify these requirements, including limits, based an changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. 4� City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE ANCE SCHEDULE G (continued) FXHISIT I Aj COMMERCIAL GENERAL LIABILITY General Aggregate Limit S2,000,000 Products -Completed Operations Aggregate Limit S1,000,000 Personal and Advertising Injury Limit S1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments S5,000 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 CO 25 04 "Designated Location(s) General Aggregate Limit-" 3) Include endorsement indicating that coverage is primary and non-contributory- 4) Include Preservation of Govemmental 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 farm CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. Bj WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on thejob by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall indude Waiver of Right to Recover from Others endorsemerd 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. 3 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY Coverage required: _Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or perm ittee 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 andfor 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: X 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 LIABILITYfBRE,4CH $1N0X0 Coverage required: _Yes X 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) UMBRELLAIE CESS $1X0,000 Coverage required: X 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_ 7 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 Cils governmental immunities provided in Iowa Cade 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 Cade of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy- 3- Assertion of Covemment 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 ins urershall 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 govem mental immunity unless and until a court of competent j urisdiction 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 (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND RIVERVIEW CENTER THIS AGREEMENT, dated for reference purposes the 5t" day of July 2023, is made and entered into by and between the City of Dubuque, Iowa (City) and Riverview Center (Agency). WHEREAS, City desires to engage the service of Agency to provide critically needed holistic mental health and care coordination for survivors of sexual assault/abuse; and WHEREAS, Agency is willing to provide such services to City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scooe of Service Agency shall: a) further the City of Dubuque Goal of Vibrant Community: Healthy and Safe; b) provide critically needed holistic mental health and care coordination for survivors of sexual assault/abuse; c) comply with City Council goals and priorities; and d) support the City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 2. City Responsibilities City designates the Community Development Specialist, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. City will provide opportunities to demonstrate this support by inviting the President of the Board of the Agency and any volunteers working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: a) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts to advance Diversity, Equity, and Inclusion; b) The opportunity to attend intercultural and equity workshops offered by the City, including trainings that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Agency and through the Agency's work; c) Assistance in creating quarterly status reports that demonstrate the ways in which the Agency's efforts are advancing equity and inclusion; and d) Access to the City's equity toolkit and SMART Goals Worksheet. 3. Time of Performance The term of this Agreement shall be from July 5, 2023 through June 30, 2024. 4. Compensation City shall pay Agency $25,000 as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid by City to Agency upon receipt by City of a requisition for such sum from Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to Agency by City are public funds, the Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. 6. Reporting and Monitoring Agency shall comply with the City of Dubuque's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency. The online quarterly reports shall be due on October 1511, January 15t", April 15t", and July 15t". Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within 60 days of audit completion. The Audit shall be submitted as either an electronic or paper document to the Community Development Specialist. 7. Reimbursement Schedule The Agency may requisition a reimbursement of expenses for project costs with each quarterly report due on October 15t", January 15t", April 15t", and July 15t". Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2024. 8. Discrimination 2 In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agency assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, nor be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of race, color, creed, religion, sex, national origin, age, sexual orientation, or disability. 9. Termination of Aareement 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 days before the effective date of such termination. Final request for reimbursement must be submitted by June 15, 2024. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such seven-day period, this Agreement shall be deemed terminated at the end of such seven-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. 10. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 11. Acknowledaement. Agency will acknowledge City's financial support in appropriate signage, program materials, publicity, advertising activities, websites, and other online media pertaining to this Agreement and work performed with funds from this Agreement. Recognition guidelines are located at: https-//www.cityofdubuque.org/2805/Funding-Recognition Agency will provide evidence of such acknowledgement as an addendum to the Final Report. 12. Conflict of Interest 3 No member, officer or employee of City, or its designees or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to the program during such person's tenure, may have any direct or indirect interest in this Agreement, the proceeds from this Agreement, or work performed in connection with the program assisted under this Agreement. 13. 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 Attachment A. CITY OF DUBUQUE, IOWA RIVERVIEW CENTER Brad M. Cava kr, ayor Gwen Bramlet-Hecker, Executive Director Witness; Adrienne Breitfelde City Clerk ATTACHMENT A City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1 _ shall furnish a signed certificate of insurance to the City of Dubuque, lava 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_ Eg: Project# or purchase agreement 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- G. All required endorsements shall he 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 requited 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_ 1 Q_ Vendor shall be responsible for deductibleslself-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below_ 1 1_ 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. !." City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) W NIIIIIiiiiI Aj COMMERCIAL GENERAL LIABILITY General Aggregate Limit S,000,000 Products -Completed Operations Aggregate Limit S1,000,000 Personal and Advertising Injury Limit S1,000,000 Each Occurrence S1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments S5,000 1) Coverage shall be written on an occurrence, not claims made, farm. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form 8P 00 02. All deviations from the standard ISO commercial general I iabi I ity form CO 00 01, -or Business owners farm BP 00 0 , shall be clearly identified. ) Include ISO endorsement farm CO 25 04 "Designated Location(s) General Aggregate Lim it-" 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 andlor authorities and their board members, employees and volunteers- Use ISO form CO 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recoverfrom Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the jab 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 umbrellalexcess insurer OR If, by Iowa Code Section 85-1 A� 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 farm on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Cade Section 87-2. Completed form must be attached. City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INURAN DE SCHEDULE G {continued} q POLLUTION LIABILITY Coverage required: _Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or perm ittee 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 OG 20 37(competed operations). 3) Include Preservation of Governmental Immuniities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D} PROFESSIONAL LIABILITY $1,000,000 Coverage required: X 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 X 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. Fj UMBRELLA/EXCESS $1,000,000 Coverage required: X 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 -contributor+ in favor of the City_ 7 City of Dubuque Insurance Requirements for Venders (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 Cade 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 Cade of Iowa Section 670.4 shall be covered by the terms and condikions 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 govemmental immunity asserted by the City of Dubuque, Iowa_ No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER; FILL IN ALL BLANKS AND CHECK BOXES} :z t Z 3-' F . T ...F l4 i f AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ST. MARK YOUTH ENRICHMENT THIS AGREEMENT, dated for reference purposes the 5` day of July 2023, is made and entered into by and between the City of Dubuque, Iowa (City) and St. Mark Youth Enrichment (Agency). WHEREAS, City desires to engage the service of Agency to provide after school programming that supports children and families in our community; and WHEREAS, Agency is willing to provide such services to City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Service Agency shall: a) further the City of Dubuque Goal of Partnership for a Better Dubuque: Building our Community that is Viable, Livable, and Equitable; b) provide after school programming that supports children in our community; c) comply with City Council goals and priorities; and d) support the City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 2. City Responsibilities City designates the Community Development Specialist, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. City will provide opportunities to demonstrate this support by inviting the President of the Board of the Agency and any volunteers working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: a) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts to advance Diversity, Equity, and Inclusion; b) The opportunity to attend intercultural and equity workshops offered by the City, including trainings that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Agency and through the Agency's work; c) Assistance in creating quarterly status reports that demonstrate the ways in which the Agency's efforts are advancing equity and inclusion; and d) Access to the City's equity toolkit and SMART Goals Worksheet. 3. Time of Performance The term of this Agreement shall be from July 5, 2023 through June 30, 2024. 4. Compensation City shall pay Agency $18,000 as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid by City to Agency upon receipt by City of a requisition for such sum from Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to Agency by City are public funds, the Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. 6. Reporting and Monitoring Agency shall comply with the City of Dubuque's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency. The online quarterly reports shall be due on October 15th, January 15th, April 15th, and July 15th. Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within 60 days of audit completion. The Audit shall be submitted as either an electronic or paper document to the Community Development Specialist. 7. Reimbursement Schedule The Agency may requisition a reimbursement of expenses for project costs with each quarterly report due on October 15th, January 15th, April 151h, and July 15th. Such reimbursement requests must include proof of payment of the requested expense. Request for salary reimbursement must be within 30 days from end of pay period. Other requests dated within 60 days from date of service/purchase will be accepted. Final request must be submitted by June 15, 2024. 2 8. Discrimination In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agency assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, nor be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of race, color, creed, religion, sex, national origin, age, sexual orientation, or disability. g. 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 days before the effective date of such termination. Final request for reimbursement must be submitted by June 15, 2024. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such seven-day period, this Agreement shall be deemed terminated at the end of such seven-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. 10. Assignability Agency shall not assign any interest in this Agreement without the prior written approval of City. 11. Acknowledgement. Agency will acknowledge City's financial support in appropriate signage, program materials, publicity, advertising activities, websites, and other online media pertaining to this Agreement and work performed with funds from this Agreement. Recognition guidelines are located at: https://www.cityofdubuque.org/2805/Funding-Recognition Agency will provide evidence of such acknowledgement as an addendum to the Final Report. 3 12. Conflict of Interest No member, officer or employee of City, or its designees or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to the program during such person's tenure, may have any direct or indirect interest in this Agreement, the proceeds from this Agreement, or work performed in connection with the program assisted under this Agreement. 13. 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 Attachment A. CITY OF DUBUQUE, IOWA Brad M. Cavan gh, yor Witness: Adrienne Breitfelder, City Clerk ST. MARK YOUTH ENRICHMENT wn Cagan, Exe tive Director Ell