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Equitable Community Grant RecommendationCity of Dubuque City Council Meeting Consent Items # 014. Copyrighted June 3, 2024 ITEM TITLE: Equitable Community Grant Recommendation SUMMARY: City Manager recommending City Council approve the recommendations to fund the following Equitable Community Grant applications for The Red Basket Project in the amount of $5,000 and Hills & Dales Childcare Center in the amount of $5,000. SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Staff Memo Evaluation Rubric Resolution - Hills & Dales RESOLUTION Awarding Equitable Community Grant to Hills & Dales Childcare Center RESOLUTION Awarding Equitable Community Grant to Red Basket Project Suggested Disposition: Receive and File; Adopt Resolution(s) Type City Manager Memo Staff Memo Supporting Documentation Resolutions Resolution - Red Basket Project Resolutions THE C DUj!BQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Equitable Community Grant Award Recommendation DATE: May 29, 2024 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Equity and Human Rights Specialist Ann Marie Jannette is recommending City Council approve the recommendation to fund the following Equitable Community Grant applications for The Red Basket Project in the amount of $5,000 and Hills & Dales Childcare Center in the amount of $5,000. $10,000 was allocated for grant disbursement in FY24 for two applicants to receive $5,000 each. Seven (7) applications were received. A panel comprised of three (3) staff and two (2) commissioners submitted their individual scores and comments. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Ann Marie Jannette, Equity and Human Rights Specialist THE CITY OF DUB E EQUITY & HUMAN RIGHTS TO: Michael Van Milligen, City Manager FROM: Ann Marie Jannette, Equity and Human Rights Specialist SUBJECT: Equitable Community Grant Award Recommendation DATE: May 24, 2024 Dubuque All•Anerica City 2007-2012,2013 2017*2019 INTRODUCTION The purpose of this memo is to present the recommendations of the Equity and Human Rights Department on the Equitable Community Grant Award applications. BACKGROUND In 2022, the City Council approved the Equitable Community Grant program to provide funding to assist non -profits, businesses, clubs, organizations, and groups of passionate residents in implementing their ideas to make Dubuque a more equitable place and to support community leadership in alignment with the City of Dubuque's Five -Year Goals. The first grant was awarded in 2023 to Tri Phoenix Group in support of the Black Business Event and Expo. The grant helped the organization provide a platform for Black -owned businesses to showcase their products and services, network with other entrepreneurs and potential customers, and gain visibility and exposure within the community. The event promoted diversity and inclusion in the business community by supporting and highlighting the contributions of Black entrepreneurs and future Black Indigenous People of Color (BIPOC). $10,000 was allocated for grant disbursement in FY24 for two applicants to receive $5,000 each. Seven (7) applications were received. A panel comprised of three (3) staff and two (2) commissioners submitted their individual scores and comments. DISCUSSION The following applications were received: • Hills & Dales Childcare Center • Multicultural Family Center • The Red Basket Project • Equity Entrepreneurs • Positive Productions Plus LLC • Northeast Iowa Council, Boy Scouts of America • Birth Collective of Dubuque The following applicants are recommended for funding: • The Red Basket Project • Hills & Dales Childcare Center BUDGET IMPACT $10,000 was allocated for grant disbursement in the FY24 budget under account number 64130. REQUESTED ACTION I respectfully recommend the City Council approve the recommendations of the Equity and Human Rights Department regarding the funding of the Equitable Community Grant. Attachment Dubuque Equitable Community Grant guidelines and Evaluation Rubric 2024 Dubuque Equitable Community Grant What would you do with $5K to Make Dubuque More Equitable? The Office of Equity and Human Rights works to create a more inclusive Dubuque community by assuring that everyone has equitable access to government and community services. Our work supports City staff, elected officials, community organizations, and members of the public in advancing policies and solutions to reduce, and ultimately eliminate disparities experienced by our most marginalized residents, allowing them to prosper. About the Grant: The goal of the Dubuque Equitable Community Grant is to provide funding to assist non -profits, businesses, clubs, organizations, and groups of passionate residents in implementing their ideas to make Dubuque a more equitable place and to support community leadership in alignment with at least one of the City of Dubuque's Five -Year Goals: • Robust Local Economy • Vibrant Community • Livable Neighborhoods and Housing • Financially Responsible, High -Performance City Organization • Sustainable Environment • Partnership for a Better Dubuque • Diversity Arts, Culture, Parks, and Recreation Experiences and Activities • Connected Community Amount of Award Two $5,000 grants will be awarded to any group of individuals to implement a project that helps to achieve one or more of the goals listed above and includes a component of community education and/or engagement. We encourage new groups or individuals to use this funding! Grant Availability & Application Timeline Applications will be reviewed by the Equity and Human Rights Department and the Equity and Human Rights Commission, which then will forward their recommendation to City Council for approval and funding. Action Date Grant application open March 1, 2024 Grant application deadline March 31, 2024 Grant award notification deadline April 12, 2024 Grant Guidelines 1. Grant must align with a City Council Priority and address one of the City of Dubuque's Five -Year Goals. 2. Grant must include an education and/or engagement component. 3. Any marketing, advertising or educational materials produced should acknowledge the City of Dubuque's Office of Equity and Human Rights. 4. Project must be done by June 30th, 2024. Eligibility Applicants Any person or group of individuals located within Dubuque city limits is eligible to apply. "Group" can refer to a 501(c)(3) non- profit or other Dubuque based business, club, organization, neighborhood association, individual, or group of individuals with a specific mission, governing structure and budget, operating under the incorporated status of a Dubuque -based fiscal agent. Prior applications: Applicants who have received funding are not eligible for funding in consecutive years. For example, an organization that received funding in 2022 is not eligible for funding in 2023 but would be eligible again to apply in 2024. Additionally, prior grantees' ability to fulfill grant requirements (reporting/ reimbursements/ acknowledgement) will be considered during the scoring process. Groups who were unsuccessful in previous applications may compete in future rounds with the project originally proposed, or with new projects. Ineligible Applicants For profit organizations or businesses. Any organization or group based outside of Dubuque city limits. An organization or group with an outstanding Final Report associated with a prior grant award from the Office of Equity & Human Rights. Target Audience Proposals must target, at a minimum, residents or businesses located in the City of Dubuque. It is acceptable for the target audience to reach beyond the City of Dubuque, i.e. Dubuque County or tristate area residents. Proposed projects that target a traditionally unengaged or underserved population are encouraged. Grant Budget Grant applications should clearly indicate how the funds will be used. A partial match is required and can be cash or in - kind. Reimbursement Method The preference of the City is to reimburse grant recipients for approved expenses following the completion of the project. All receipts and a copy of the required performance report must be submitted in order to receive the final payment. If this financial arrangement is a challenge, contact the Chief of Equity and Human Rights at the City of Dubuque to discuss other options. Inability to pay for reimbursable grant expenses should not be a barrier to applying, and we are able to work with recipients to identify alternatives within reason. Required Measurement of Impact/Success + Reporting We want to share your successes and lessons learned with others! One requirement of this program is to measure the impact of your project. Recipients will be required to complete a final report or present the information to the Office of Equity and Human Rights and its Commission. In addition to the required reporting metrics, applicants are encouraged to define their own measure of success in the application. This can be telling your story through numbers, stories, photos, or video. This could mean calculating the greenhouse gases avoided when individuals biked instead of driving their cars to an event or asking attendees at an event to complete a pre- and post -survey to identify increased knowledge of a topic. We can help guide you to determine what information to collect, and final reimbursement will not be made until this information has been received. Let us know if you would like assistance in measuring your impact. Additional Grant Information For more information or questions, please contact the Office of Equity and Human Rights at humanrgt@citvofdubuque.org or 563-589-4190. Apply at www.cityofdubuque.org/equitygrant Make Dubuque More Equitable Grant Proposal Evaluation Rubric Project title: Scoring Criteria 5 = Very Good, 4 = Good, 3= Acceptable, 2= Poor, 1= Very Poor, 0 = Not Answered 'T'replaces "0" for essential criteria. Selecting 'T' disqualifies an application. Grant Narrative Project description and goals are clear and achievable: 5 4 3 2 1 0 Project addresses a need in the community: 5 4 3 2 1 0 Applicant demonstrates experience and/or clearly explains capacity to complete the project: 5 4 3 2 1 0 Proposed project aligns with a City Council Priority and Goals: 5 4 3 2 1 X Budget Timeline and workplan demonstrate planning to produce proposed deliverables: 5 4 3 2 1 0 Budget is clear, reasonable, and detailed: 5 4 3 2 1 0 Project match (in -kind or financial) is planned and explained: 5 4 3 2 1 X City Priorities Proposed project aligns with a city plan: 5 4 3 2 1 0 Proposed project aligns with the Climate Action Plan: 5 4 3 2 1 0 Proposal anticipates a positive or neutral impact on minority groups with a clear explanation to support this expectation: 5 4 3 2 1 X Community Education/Engagement Proposed project incorporates community education and/or community engagement: 5 4 3 2 1 X Impact Plans to measure impact are planned and explained: Performance measures are meaningful and relevant: 5 5 4 4 3 3 2 2 1 1 X 0 Notes: Prepared by Ann Marie Jannette Equity& Human Rights, 1157 Central Ave. Dubuque, IA 52001 563 589-4190 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, {A 52001, (563) 589-4100 RESOLUTION NO. 161-24 AWARDING EQUITABLE COMMUNITY GRANT TO HILLS & DALES CHILDCARE CENTER WHEREAS, the City Council adopts goals on an annual basis; and WHEREAS, the City Council in 2022 established a five year goal of "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable;" and WHEREAS, the City Council stated in their vision statement that "Dubuque 2038 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome;" and WHEREAS, the City Council mission statement that Dubuque city government's mission is to "deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services," and WHEREAS, the Equitable Community Grant meets the needs of the Dubuque's vision for an equitable community; and WHEREAS, efforts which address an Equitable Dubuque principle and offer community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and WHEREAS, the grant recipient shall use grant funds to purchase a vitals machine and specialized toys, and assist with utility, maintenance, and conversion expenses for additional square footage allocated to medical childcare; and WHEREAS, the grant recipient shall more effectively support children with disabilities and medical needs, thereby allowing their families and caregivers a better ability to seek employment and contribute to the community; and WHEREAS, the City Council believes it is in the best interest of the City of Dubuque to strive for an equitable community for all residents. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards an Equitable Community Grant to HILLS & DALES CHILDCARE CENTER. Section 2. The City Manager or his designee shall enter into a grant agreement with HILLS & DALES CHILDCARE CENTER and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 3rd day of June 2024. ad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelc'er, City Clerk Prepared by Ann Marie Jannette, Equity & Human Rights, 1157 Central Ave. Dubuque, IA 52001, (563) 589-4190 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t" St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 162-24 AWARDING EQUITABLE COMMUNITY GRANT TO RED BASKET PROJECT WHEREAS, the City Council adopts goals on an annual basis; and WHEREAS, the City Council in 2022 established a five year goal of "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable;" and WHEREAS, the City Council stated in their vision statement that "Dubuque 2038 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome;" and WHEREAS, the City Council mission statement that Dubuque city government's mission is to "deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services;" and WHEREAS, the Equitable Community Grant meets the needs of the Dubuque's vision for an equitable community; and WHEREAS, efforts which address an Equitable Dubuque principle and offer community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and WHEREAS, the grant recipient shall use grant funds to secure period products for distribution to those in need; and WHEREAS, the grant recipient shall tackle period poverty and cultivate an inclusive and equitable community where individuals can thrive irrespective of gender or economic standing; and WHEREAS, the City Council believes it is in the best interest of the City of Dubuque to strive for an equitable community for all residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The city Council hereby awards an Equitable Community Grant to RED BASKET PROJECT. Section 2. The City Manager or his designee shall enter into a grant agreement with RED BASKET PROJECT and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 31d day of June 2024. Brad Cavanagh, Mayor Attest• �2c.�n12 Adrienne Breitfelder, City Clerk FY 2024 EQUITABLE COMMUNITY GRANT AGREEMENT BETWEEN CITY OF DUBUQUE AND HILLS & DALES CHILDCARE CENTER This agreement (the "Agreement"), dated for reference purposes the 10th day of June, 2024 (the "Effective Date"), is made and entered into by and between the City of Dubuque, Iowa (the "City") and Hills & Dales Childcare Center (the "Organization"). WHEREAS, the City Council deems it in the best interests of the City to provide an Equitable Community Grant in the City of Dubuque; and WHEREAS, the Organization is an established 501(c)(3) organization located in the City of Dubuque, an affiliated group under the fiscal sponsorship of another 501(c)(3) organization in the City of Dubuque, or an established Dubuque -based group operating in service to the broader community but not incorporated as a nonprofit or operating under a fiscal agent, and WHEREAS, the Organization has designated a primary contact individual as its representative in all financial matters and regarding reporting on the impact of grant - funded programming and events; and WHEREAS, the Organization will use the funds awarded to more effectively support children with disabilities and medical needs, thereby allowing their families and caregivers a better ability to seek employment and contribute to the community; and WHEREAS, the grant will help the Organization to contact medical providers to build awareness and ensure community members in need of the service are aware of the opportunity and the benefits the program can provide to both the child and their entire family; and WHEREAS, the grant will help children who receive specialized care to receive new or increased access to their peers, as well as children who do not require specialized care who will benefit from interacting with peers who have additional needs; and WHEREAS, the grant will provide tools to assist in the specialized needs of the children and expanding the size of their physical space for the Childcare Center; and WHEREAS, the grant received by the Organization will be used to cover costs including but not limited to vitals machine; utility, maintenance, and conversion expenses for additional square footage allocated to medical childcare; and sensory discs and other specialized toys. NOW THEREFORE, the parties agree as follows: 6.2 The Organization will undertake affirmative measures necessary to ensure that no person, because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability, is denied participation in, denied the benefits of, or is discriminated against in any program or activity funded in whole or in part with any funds given to the Organization under the terms of this Agreement. SECTION 7. CONFLICT OF INTEREST. No member, officer, or employee of the City, its designees, or its agents, and no member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the Equitable Community Grant 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 any project assisted by any proceeds from this Agreement. SECTION 8. ASSIGNABILITY. The Organization may not assign or transfer any right, interest, or obligation regarding this Agreement without prior written approval of the City. SECTION 9. ACKNOWLEDGEMENT. The Organization will acknowledge the 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 on the City's website. The Organization shall provide evidence of such acknowledgement as an addendum to its final report. If such evidence is not provided with the Organization's final report, the City may, in its sole and absolute discretion, deem the final payment referenced in Section 2 of this Agreement to be forfeited. SECTION 10. MISCELLANEOUS. 10.1 Forbearance Not a Waiver; Rights and Remedies Cumulative. No delay by the City in exercising any right or remedy provided herein, or otherwise afforded by law or in equity, shall be deemed a waiver or preclude the exercise of such right or remedy, and no waiver by the City of any particular provision of this Agreement shall be deemed effective unless in writing and signed by the City. All rights and remedies provided for herein or which the City may have otherwise, at law or in equity, shall be distinct, separate, and cumulative and may be exercised concurrently, independently, or successively in any order whatsoever, as often as the occasion therefor arises. 10.2 Severability. In the event any provision of this Agreement shall, for any reason, be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions hereof shall not be affected thereby and shall continue to be valid and enforceable. If, for any reason, a court of competent jurisdiction finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 10.3 Successors and Assigns Bound; Number; Gender; Agents; Captions and Headings. The rights, covenants, and agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives, successors, and assigns of the parties. Words and phrases contained herein, including the acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender according to the contexts. The captions and headings of the paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 10.4 Disputes; Governing Law; Venue. This Agreement is entered into under, pursuant to, and is to be construed and enforced in accordance with the laws of the State of Iowa without regard to its conflict of laws principles, and applicable federal law. Venue for any action arising out of this Agreement shall be in the Iowa District Court for Dubuque County, Iowa or the Federal District Court for the Northern District of Iowa, Eastern Division, and the parties hereby irrevocably consent to the jurisdiction of such courts. 10.5 Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Agreement may be executed by the parties and transmitted by facsimile or electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 10.8 Signatory Authority. Each person signing this Agreement hereby represents and warrants that they have the full legal right, power, and authority to enter into this Agreement on behalf of the party for whom they are signing and to cause such party to grant the rights and perform the obligations contained herein, and that no third -party consent or approval is required to grant such rights or perform such obligations. 10.7 Indemnification. Organization hereby agrees to defend, indemnify and hold harmless City against any claims made by Organization, or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. - /.MY By: . Michael C. Van Milligen P City Manager EXHIBIT A (INSERT EXHIBIT HERE) FY 2024 EQUITABLE COMMUNITY GRANT AGREEMENT BETWEEN CITY OF DUBUQUE AND RED BASKET PROJECT This agreement (the "Agreement"), dated for reference purposes the 10th day of June, 2024 (the "Effective Date"), is made and entered into by and between the City of Dubuque, Iowa (the "City") and Red Basket Project (the "Organization"). WHEREAS, the City Council deems it in the best interests of the City to provide an Equitable Community Grant in the city of Dubuque; and WHEREAS, the Organization is an established 501(c)(3) organization located in the city of Dubuque, an affiliated group under the fiscal sponsorship of another 501(c)(3) organization in the city of Dubuque, or an established Dubuque -based group operating in service to the broader community but not incorporated as a nonprofit or operating under a fiscal agent, and WHEREAS, the Organization has designated a primary contact individual as its representative in all financial matters and regarding reporting on the impact of grant -funded programming and events; and WHEREAS, the Organization will use the funds awarded to secure period products for distribution to those in need; and WHEREAS the grant will help the Organization to tackle period poverty, fostering equity and enhancing participation in education, work, and daily life; and WHEREAS the grant will cultivate an inclusive community where individuals can thrive irrespective of gender or economic standing; and WHEREAS the grant will help foster community engagement through outreach events, inviting the community to assemble the period packs; and WHEREAS the grant received by the Organization will be used to cover costs including but not limited to tampons, pads, privacy bags, liners, and hygiene wipes to be used for period packs. NOW THEREFORE, the parties agree as follows: SECTION 1. TERM. The term of this Agreement runs from June 10, 2024 through September 30, 2024 (the "Term"). Funds provided to the Organization pursuant to this Agreement must be spent during the Term. This Agreement is effective as of the Effective Date. Sections 2, 4, and 8 shall survive the expiration or termination of this Agreement. SECTION 2. FUNDING. The City will pay the Organization five thousand dollars ($5,000) for the project detailed in the Organization's grant application (the "Project") attached as Exhibit A. Fifty percent (50%) of this amount will be paid by the City after the execution of this Agreement by both parties, City Council approval, and receipt by the City of a requisition for such sum from the Organization. The balance of the grant award will be paid after closeout and acceptance of the Organization's final report due by November 1, 2024. In no event will the Organization be reimbursed beyond actual expenditures. For example: Grant Award Up to $5,000 Actual Expenditures $4,000 Reimbursement $4,000 actual expenditures) The Organization can expect review of its final report and accompanying documents to occur within 30 days of submittal. Disbursement of the remaining grant balance will commence after the review is complete and the Organization's final report has been deemed acceptable by the City. SECTION 3. REPORTING. The Organization shall submit its final report and remit any unspent grant funds within thirty (30) days of the project completion or no later than November 1, 2024, whichever occurs first. The final report must include documentation of project expenditures, required match, and activities completed, as well as demonstrating the ways in which the Project advanced equity and inclusion, including data on participation in programs that is disaggregated by race and any other demographics prioritized by the Project. City staff will provide technical assistance with final report preparation upon request. Details pertaining to match requirements are outlined in the program guidelines. Failure to submit a final report may impact eligibility for receiving future funding from the City's arts and culture grant programs. Failure to submit the final report may also result in the City declaring, in its sole and absolute discretion, that the final payment referenced in Section 2 of this Agreement to be forfeited. SECTION 4. AUDIT AND EVALUATION. 4.1 Because the funds provided to the Organization by the City are public funds, the Organization must maintain books, financial records, and accounting in accordance with generally accepted accounting standards and necessary documentation to support all expenditures. 4.2 The Organization will retain all financial records, reporting documents, and other records pertinent to this Agreement and the funds granted hereunder for a minimum of three (3) calendar years after the end of the Term of this Agreement. 4.3 The Organization's funding request application, a copy of which is attached hereto, and applicant assurances are incorporated by reference into this Agreement and made a part hereof. SECTION 5. EQUITY AND INCLUSION. 5.1 The Organization will support the City's efforts to be a viable, livable, and equitable community and to advance equity and inclusion. The City will provide opportunities to demonstrate this support by inviting the designated representative of the Organization to participate in the following professional development opportunities and supporting activities, provided such participation is within the Organization's capacity to do so: A. Inclusive Dubuque's Best Practices in Diversity Equity and Inclusion Workshop Series. B. Inclusive Dubuque's peer learning opportunities and strategic efforts. C. The City's intercultural and equity workshops, including workshops focused on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Organization and its work. D. Assistance with final report at end of the grant cycle that demonstrates ways in which the Organization's efforts advanced equity and inclusion, including data on participation in programs that is disaggregated by race and any other demographics the Organization has prioritized. E. Access to and guidance on the use of the City's Equity Toolkits. 5.2 Upon execution of this Agreement, the Organization will provide a presentation in detail or report to the Office of Equity and Human Rights and Commission, upon request. 5.3 In alignment with the City Council's priority of racial equity, the Organization must demonstrate how their efforts advance equity and inclusion. This should include program- level data disaggregated, at a minimum, by race, and by any other demographic the Organization prioritizes, and that data should then be used to describe the current state of the environment associated with the project and then the ideal future state of that environment as the Project is completed. The Organization should also identify community- level outcomes within which they actively work to advance racial equity. SECTION 6. NON-DISCRIMINATION. 6.1 The Organization will not discriminate against any employee or applicant for employment because of race, religion, color, creed, sex, sexual orientation, gender identity, national origin, age, or disability. The Organization will take affirmative action to ensure that applicants for employment and employees are treated without regard to their race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such treatment includes but is not limited to, the following: employment, promotion, demotion or transfer; rates of pay or other forms of compensation; and selection for training or apprenticeship. 6.2 The Organization will undertake affirmative measures necessary to ensure that no person, because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability, is denied participation in, denied the benefits of, or is discriminated against in any program or activity funded in whole or in part with any funds given to the Organization under the terms of this Agreement. SECTION 7. CONFLICT OF INTEREST. No member, officer, or employee of the City, its designees, or its agents, and no member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the Equitable Community Grant 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 any project assisted by any proceeds from this Agreement. SECTION 8. ASSIGNABILITY. The Organization may not assign or transfer any right, interest, or obligation regarding this Agreement without prior written approval of the City. SECTION 9. ACKNOWLEDGEMENT. The Organization will acknowledge the 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 on the City's website. The Organization shall provide evidence of such acknowledgement as an addendum to its final report. If such evidence is not provided with the Organization's final report, the City may, in its sole and absolute discretion, deem the final payment referenced in Section 2 of this Agreement to be forfeited. SECTION 10. MISCELLANEOUS 10.1 Forbearance Not a Waiver; Rights and Remedies Cumulative. No delay by the City in exercising any right or remedy provided herein, or otherwise afforded by law or in equity, shall be deemed a waiver or preclude the exercise of such right or remedy, and no waiver by the City of any particular provision of this Agreement shall be deemed effective unless in writing and signed by the City. All rights and remedies provided for herein or which the City may have otherwise, at law or in equity, shall be distinct, separate, and cumulative and may be exercised concurrently, independently, or successively in any order whatsoever, as often as the occasion therefor arises. 10.2 Severability. in the event any provision of this Agreement shall, for any reason, be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions hereof shall not be affected thereby and shall continue to be valid and enforceable. If, for any reason, a court of competent jurisdiction finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 10.3 Successors and Assigns Bound; Number Gender-, Agents; Captions and Headin s. The rights, covenants, and agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives, successors, and assigns of the parties. Words and phrases contained herein, including the acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender according to the contexts. The captions and headings of the paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 10.4 Disputes; Governing Law- Venue. This Agreement is entered into under, pursuant to, and is to be construed and enforced in accordance with the laws of the State of Iowa without regard to its conflict of laws principles, and applicable federal law. Venue for any action arising out of this Agreement shall be in the Iowa District Court for Dubuque County, Iowa or the Federal District Court for the Northern District of Iowa, Eastern Division, and the parties hereby irrevocably consent to the jurisdiction of such courts. 10.5 Counterparts Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Agreement may be executed by the parties and transmitted by facsimile or electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 10.6 Signatory Authority. Each person signing this Agreement hereby represents and warrants that they have the full legal right, power, and authority to enter into this Agreement on behalf of the party for whom they are signing and to cause such party to grant the rights and perform the obligations contained herein, and that no third -party consent or approval is required to grant such rights or perform such obligations. 10.7 Indemnification. Organization hereby agrees to defend, indemnify and hold harmless City against any claims made by Organization, or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. CITY OF DUBUQUE, IOWA THE RED BASKET PROJECT By: Michael C. Van Milligen City Manager Title: 0