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Fiscal Year 2025 Purchase of Services Grant Recommendations & AgreementsCity of Dubuque City Council Meeting Consent Items # 015. Copyrighted June 17, 2024 ITEM TITLE: Fiscal Year 2025 Purchase of Services Grant Recommendations & Agreements SUMMARY: City Manager recommending City Council approve the attached Purchase of Services Grant Agreements with the following organizations and authorize the Mayor to execute the agreements on behalf of the City: Four Mounds Foundation, HEART Partnership; Four Oaks Family and Children's Services, Expanding Essential Services at Fifteenth Street Apartments; Iowa Legal Aid, Employment Barriers Legal Clinic; Northeast Iowa Area Agency on Aging, Healthy Steps for Older Adults Program; Presentation Lantern Center, Workforce Retention & Support for Refugees & Immigrants; St. Mark Youth Enrichment, After School Programming; Waypoint, Waypoint Domestic Violence Program. RESOLUTION Authorizing execution of FY25 Purchase of Services Grant Agreement to Four Mounds Foundation RESOLUTION Authorizing execution of FY25 Purchase of Services Grant Agreement to Four Oaks Family and Children's Services RESOLUTION Authorizing execution of FY25 Purchase of Services Grant Agreement to Iowa Legal Aid RESOLUTION Authorizing execution of FY25 Purchase of Services Grant Agreement to Northeast Iowa Area Agency on Aging, I nc. RESOLUTION Authorizing execution of FY25 Purchase of Services Grant Agreement to Presentation Lantern Center RESOLUTION Authorizing execution of FY25 Purchase of Services Grant Agreement to St. Mark Youth Enrichment RESOLUTION Authorizing execution of FY25 Purchase of Services Grant Agreement to Waypoint SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo FY25 POSG Recommendations- Memo FY25 POSG Resolution- Four Mounds FY25 POSG Resolution- Four Oaks FY25 POSG Resolution- Iowa Legal Aid FY25 POSG Resolution- Northeast Iowa Area Agency on Aging FY25 POSG Resolution- Presentation Lantern Center FY25 POSG Resolution- St. Mark Youth Enrichment FY25 POSG Resolution- Waypoint Four Mounds Foundation Agreement- signed Four Oaks Agreement- signed Iowa Legal Aid Agreement- signed Northeast Iowa Area Agency on Aging, Inc. Agreement- signed Presentation Lantern Center Agreement- signed St. Mark Youth Enrichment Agreement- signed WaypointAgreement- signed City Manager Memo Staff Memo Resolutions Resolutions Resolutions Resolutions Resolutions Resolutions Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Fiscal Year 2025 Purchase of Services Grant Recommendations & Agreements DATE: June 12, 2024 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 city received fifteen applications for funding for a total requested amount of $289,122. A subgroup of the Community Development Advisory Commission (CDAC) members and two city staff reviewed applications and recommended funding seven applicants. The CDAC met on Wednesday, May 15, 2024, and accepted the recommendation of the review committee. The Community Development Advisory Commission (CDAC) recommends funding for the following organizations: • Four Mounds Foundation, HEART Partnership ($21,220) • Four Oaks Family and Children's Services, Expanding Essential Services at Fifteenth Street Apartments ($12,500) • Iowa Legal Aid, Employment Barriers Legal Clinic ($5,000) • Northeast Iowa Area Agency on Aging, Healthy Steps for Older Adults Program ($4,280) • Presentation Lantern Center, Workforce Retention & Support for Refugees & Immigrants ($20,000) • St. Mark Youth Enrichment, After School Programming ($25,000) • Waypoint, Waypoint Domestic Violence Program ($12,000) I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing and Community Development Director THE CITY OF Dubuque DLTP E All -America City rfl� Masterpiece on the Mississippi' � pp zoo�.*o 13 zoi720z0i9 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Fiscal Year 2025 Purchase of Services Grant Recommendations & Agreements DATE: June 11, 2024 Introduction This memorandum transmits the Fiscal Year 2025 Purchase of Services Grant funding recommendations as proposed by the Community Development Advisory Commission (CDAC). Purchase of Service 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 2025 budget provides $100,000 in general funds for the Purchase of Services Grant competition to fund human service programs and activities. The city received fifteen applications for funding for a total requested amount of $289,122. A subgroup of the Community Development Advisory Commission (CDAC) members and two city staff reviewed applications and recommended funding seven applicants. The CDAC met on Wednesday, May 15, 2024, 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 applications: Organization Project Award Four Mounds Foundation HEART Partnership 21,220.00 Four Oaks Family and Children's Services Expanding Essential Services at Fifteenth Street Apartments 12,500.00 Iowa Legal Aid Employment Barriers Legal Clinic 5,000.00 Northeast Iowa Area Agency on Aging Healthy Steps for Older Adults Program 4,280.00 Presentation Lantern Center Workforce Retention & Support for Refugees & Immigrants 20,000.00 St. Mark Youth Enrichment After School Programming 25,000.00 Wa point Wa point Domestic Violence Program 12,000.00 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 Community Development Specialist, 350 W. 6'h St Dubuque, IA 52001 563 690-6094 Return to Adrienne N. Breltfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 181-24 RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT TO FOUR MOUNDS FOUNDATION Whereas, Four Mounds Foundation prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on May 15, 2024; 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 1, 2024 for Purchase of Services Grant to Four Mounds Foundation be approved, Section 2, That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of June 2024. Attest ad gh, ayor Adrienne Breitfelder, City Clerk Prepared by M2ry Bridget Corken-Deutsch Community Development S edalist 350 W. 61" St Dubuque, IA 52001 563 690-6094 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13" St., Dubuque, 1A 52001, (563) 589-4100 RESOLUTION NO. 182-24 RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT TO FOUR OAKS FAMILY AND CHILDREN'S SERVICES Whereas, Four Oaks Family and Children's Services prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on May 15, 2024; 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 1, 2024 for Purchase of Services Grant to Four Oaks Family and Children's Services be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of June 2024. Attest Adrienne Breitfelder, City Clerk Brad-M. a-v agh, Mayor Prepared by Mary Bridget Corken-Deutsch, Community Development Specialist, 350 W. 611 St, Dubuque, IA 52001, (563) 690-6094 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13" St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT TO IOWA LEGAL AID Whereas, Iowa Legal Aid prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on May 15, 2024; 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 1, 2024 for Purchase of Services Grant to Iowa Legal Aid be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of June 2024. Attest Brad M. nag , Mayor Adrienne Breitfeld4, City Clerk Prepared by Mary Bridget Corken-Deutsch, Community Development Specialist, 350 W. V� St, Dubuque, IA 52001, (563) 690-6094 Return to Adrienne N. Breitfelder, City Clerk, 50 VV, 13'4 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO, 184-24 RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT TO NORTHEAST IOWA AREA AGENCY ON AGING, INC. Whereas, Northeast Iowa Area Agency on Aging, Inc, prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on May 15, 2024; 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 1, 2024 for Purchase of Services Grant to Northeast Iowa Area Agency on Aging, Inc. be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of June 2024. Attest Adrienne Breitfelder, City Cleric .d ��. agh, Mayor Prepared by Mary Bridget Corken-Deutsch, Community Development Specialist, 350 W. 61' St, Dubuque, IA 52001, f563) 690-6094 Return to Adrienne N. Breiffelder, City Cierk, 50 W. 13`h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 185-24 RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT TO PRESENTAION LANTERN CENTER Whereas, Presentation Lantern Center prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on May 15, 2024; 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 Approva[/Agreements, authorized by the Community Development Advisory Commission beginning July 1, 2024 for Purchase of Services Grant to Presentation Lantern Center be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of June 2024. Attest ,v��-44-"�6' Adrienne Breitfelder, City Clerk •��nagh, Mayor Prepared by Mary Bridget Corken-Deutsch, Community Development Specialist 350 W_ 611 St Dubuque IA 52001 (563) 690_6094 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13`h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 186-24 RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT TO ST. MARK YOUTH ENRICHMENT Whereas, St. Mark Youth Enrichment prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on May 15, 2024; 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 1, 2024 for Purchase of Services Grant to St. Mark Youth Enrichment be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of June 2024. Attest mad M av gh, Mayor Adrienne Breitfelder, City Clerk Prepared by Mary Bridget Corken-Deutsch, Community Development Specialist, 350 W. 6`h St. Dubuque, IA 52001, (563) 690-6094 Return to Adrienne N. 8reitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001. (563) 589-4100 RESOLUTION NO. 187-24 RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT TO WAYPOINT Whereas, Waypoint prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on May 15, 2024; 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 1, 2024 for Purchase of Services Grant to Waypoint be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of June 2024. Attest r d M. a , Mayor Adrienne Breitfelder, City Clerk AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FOUR MOUNDS FOUNDATION THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1 st day of July 2024, is made and entered into by and between the City of Dubuque, Iowa (the "City") and Four Mounds Foundation, an Iowa non-profit corporation (the "Agency"). WHEREAS, the City desires to engage the services of the Agency to provide the HEART Partnership Program; and WHEREAS, the Agency is willing to provide such services to the City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Services Agency shall: a) further the City of Dubuque Goal of Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity; b) provide the HEART Partnership 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 The City designates its 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 the City's policies, and provide decisions in a timely manner pertinent to the work covered by this Agreement. The City's Community Development Specialist shall serve in this role 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 Page 1 of 9 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 1, 2024 through June 30, 2025 (the "Term") 4. Compensation The City shall pay the Agency $21,220 as compensation for the services provided by the Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid upon receipt by the City of a requisition for such sum from the Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to the Agency by the 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 the 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 the City or any certified public accountant acting on its behalf, in order to ascertain performance and compliance of the Agency under this Agreement. The Agency agrees to retain such records for not less than three (3) years after the end of the Term of this Agreement. 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 15th, April 15th, and June 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 the Agency has an annual audit performed, the Agency shall provide the 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 City's 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 15th, and June 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, 2025. Page 2 of 9 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, gender identity or disability. 9. Termination of Aareement If, through any cause, the 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, the City shall thereupon have the right to terminate this Agreement by giving written notice thereof to the Agency and specifying the effective date of termination, which shall be not less than seven days from the date of the City's written notice to the Agency. If the Agency shall fail to cure its default to the satisfaction of the City, in the City's sole and absolute 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, the Agency shall immediately return to the City all unexpended funds and any funds utilized for purposes other than stated in this Agreement. 10. Assignability The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. 11. Acknowledgement The Agency 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 the work performed with funds from this Agreement. Recognition guidelines are located at: https://www.cityofdubugue.org/2805/Funding-Recognition. The Agency will provide evidence of such acknowledgement as an addendum to the Final Page 3 of 9 Report. 12. Conflict of Interest No member, officer, or employee of the City, its designees, or its agents, nor any member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the program assisted under this Agreement 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. 14. Miscellaneous 14.1 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 otherwise 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. 14.2 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. 14.3 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 permitted 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 section and paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 14.4 Governing Law; Venue. This Agreement is entered into under and 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. 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. Page 4 of 9 14.5 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 electronically 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. 14.6 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. 14.7 Amendments. This Agreement may only be amended by a written instrument, duly signed by the parties hereto. 14,8 Indemnification. The Agency hereby releases the City and its governing body members, officers, agents, employees, and volunteers from any and all liability associated with implementation of this Agreement and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, employees, and volunteers against any loss, damage, or claim of any nature whatsoever arising from this Agreement. 14.9 Notices. Any notice required or permitted this Agreement shall be in writing and sent to the following physical or email address of the party: City of Dubuque Attn: Community Development Specialist 350 W 6th Street, Suite 312 Dubuque, IA 52001 mdeutsch(a-).cityofdubugue.orq CITY OF DUBUQUE, IOWA ra 0-0'_e._ �_ �Aalrl If Witness: a,_ � _��a& y �_ Adrienne Breitfelder,' City Clerk Four Mounds Foundation Attn: Board President 4900 Peru Road Dubuque, IA 52001 becky@fourmounds.org FOUR MOUNDS FOUNDATION John Gronen, Board President Page 5 of 9 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. Page 6 of 9 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 job by accident or disease as prescribed by Iowa Code Chapter 85- Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement Coverage B limits shall be greater if required by the 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 form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87-2. Completed form must be attached. Page 7 of 9 City of Dubuque Insurance Requirements for Venders (Suppliers, Service Providers) IN URANDE SCHEDULE G {continued} C) POLLUTION LIABILITY Coverage required: _ Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs_ Pollution product and completed operations coverage shall also be covered - Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1 } Policy to include job site and transportation coverage_ 2) Include additional insured for The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions 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 Immunikies 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 clairns- 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 LIABILITYIBREACH $1,B00,B00 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) UMBRELLAIEXCESS $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-contributory in favor of the City_ Page 8 of 9 City of DubugLie 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 Citys governmental immunities provided in Iowa Code sec_ 670.4_ If you would like to preserve those immunities, please use this endorsement or an equivalent form - PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1_ Nonaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2_ Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670_4 as it now exists and as it may be amended from time to time_ Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy_ 3_ Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer- 4- Nan -Denial of Coverage. The insurer shag 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 govern mental immunity asserted by the City of Dubuque, Iowa_ No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER; FILL IN ALL BLANKS AND CHECK BOXES} Page 9 of 9 THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1st day of July 2024, is made and entered into by and between the City of Dubuque, Iowa (the "City") and Four Oaks Family and Children's Services, an Iowa non-profit corporation (the "Agency"). WHEREAS, the City desires to engage the services of the Agency to provide expanding essential services at Fifteenth Street Apartments; and WHEREAS, the Agency is willing to provide such services to the City upon the terms and conditions set forth herein. NOW THEREF ORE, the parties hereto agree as follows: 1. Scope of Services 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 expanding 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. Rc�cr�nncihilitiAc The City designates its 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 the City's policies, and provide decisions in a timely manner pertinent to the work covered by this Agreement. The City's Community Development Specialist shall serve in this role 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 Page 1 of 9 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 1, 2024 through June 30, 2025 (the "Term"). 4. Compensation The City shall pay the Agency $12,500 as compensation for the services provided by the Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid upon receipt by the City of a requisition for such sum from the Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to the Agency by the 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 the 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 the City or any certified public accountant acting on its behalf, in order to ascertain performance and compliance of the Agency under this Agreement. The Agency agrees to retain such records for not less than three (3) years after the end of the Term of this Agreement. 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 June 15t". Such reports shall include a performance report on the programs) supported by City funds and a financial report on the use of City funds. If the Agency has an annual audit performed, the Agency shall provide the 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 City's 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 June 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, 2025. Page2of9 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, gender identity or disability. 9. Termination of Agreement If, through any cause, the 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, the City shall thereupon have the right to terminate this Agreement by giving written notice thereof to the Agency and specifying the effective date of termination, which shall be not less than seven days from the date of the City's written notice to the Agency. If the Agency shall fail to cure its default to the satisfaction of the City, in the City's sole and absolute 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, the Agency shall immediately return to the City all unexpended funds and any funds utilized for purposes other than stated in this Agreement. 10. Assignability The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. 11. Acknowledgement The Agency will acknowledge the City'sfinancial support in appropriate signage, program materials, publicity, advertising activities, websites, and other online media pertaining to this Agreement and the work performed with funds from this Agreement. Recognition guidelines are located at: https://www.cityofdubugue.org/2805/Funding-Recognition. The Agency will provide evidence of such acknowledgement as an addendum to the Final Page 3of9 Report. 12. Conflict of Interest No member, officer, or employee of the City, its designees, or its agents, nor any member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the program assisted under this Agreement 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. 14. Miscellaneous 14.1 Forbearance Not a Waiver; Rights and Remedies Cumulative. No delay by the City in xercising any right or r 14.2 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. 14.3 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 permitted 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 section and paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 14.4 Governing Law; Venue. This Agreement is entered into under and 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. 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. Page 4 of 9 14.5 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 electronically 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. 14.6 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. 14.7 Amendments. This Agreement may only be amended by a written instrument, duly signed by the parties hereto. 14.8 Indemnification. The Agency hereby releases the City and its governing body members, officers, agents, employees, and volunteers from any and all liability associated with implementation of this Agreement and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, employees, and volunteers against any loss, damage, or claim of any nature whatsoever arising from this Agreement. 14.9 Notices. Any notice required or permitted this Agreement shall be in writing and sent to the following physical or email address of the party: City of Dubuque Four Oaks Family and Children's Services Attn: Community Development Specialist Attn: President/CEO 350 W 6th Street, Suite 312 5400 Kirkwood Blvd SW Dubuque, IA 52001 Cedar Rapids, IA 52404 mdeutschP,cityofdubuciue _orq monejll@fouroaks.org CITY OF DUBUQUE, IOWA FOUR OAKS FAMILY AND CHILDREN'S SERVICES rad M. Cav Mayor Mary Beth O'Neill, President/CEO Witness: Adrienne Breitfelder, City Clerk Page 5 of 9 ATTACHMENT A ity of Jqubuque insurance Requirements for vendo j INSURANCE SCHEDULE G for the coverage requiredin Exhil�ft I prfor tom contract �comroer�cemen►. Each certificate shall be prepare on the most4current ACORD foci approved by the low .fir urance Derision or an uivalen . Each certificate: shall include a statement under Descilption of Operations as to vdiy the eertiftcate ��IS BE Eg: Proi nct or purchase a reem t. i . All policies of irls�.�rance red gyred hi M . der � I bt w.Ith an insurer authonzed to do.bustness in 1 � � and all Rr��I�rer= Ali 11 e i r f r'betIcir in the current A_M Be fs Rafing .f u1de. � Eac�.l� �ertil��te �hY�ll f[�rni�l�ed to the Finance �ep_�[r%IT�el�i of the ��of L��l��lr�l.��°_ �Y. �. T(�e �e�i�e prodder :��ali he re��ired to �arr��e ��inir��I�� oo�erage�°iirr�it�f or greeter i� rer��lire�J fit { lal& or other legA agreement., in Exhibn 1. Fa lure to provide Ine required minlrum eoverje s all not be deemed a waiver of -such re.cluire tints ,by the Ci v% of DU uquue^ �riall id�rejd � r��rteri.al hf�'.a.i of thti � .�► �r�:�lired e��dor�er�errt� �l�all �e ��aehed to �erti��ate. �'. '��'l�ene�er � �peeiri� to forrrt lc- referenced tive o�rrent editio[� an eg��aient fora �� a�pro'�ed E��►the C�Ire�tor of l=[nan+ce and budget_ Thr� �ec��ee pro�[der r ident[N, or list in." rkt ng all deviations, and exclusions fron[ the ISO form. If vendor's iini'.Is of liability are higher than the required min [rum limits then the vendWs firths shall Lie this agreements required 11MIL.. ��'end� �r jl�i all require all subcontractors and �,�.I.l�-�I��i��ontra�tor� to obtain -end r�aitain �dt�r�ng the pe�forn�anee of or�� in�uran�e for ��e co�era�e� de.�oril�ed iri ti�i� i[��:[r��ee eheddle �n� ��tl obtain ertifi to of Insurance fir" rm all such SUbcontractors and sub-s�.�b ontractor _ 'Vendor agrees that it shall be Itable for the (allure of a subcontractor and SI`&suboontraetor to obtain and n airfainueh ooer i' tna regret aap fu�t�ilates from. the Vendor_ eridor shall be. responsible for deduetfhiesjj'.self-inured reterrti.on foc payment of all poficN prerill[�n1L and other �o�t� a��o�fat�d �kIltl� t�e In��ranee �� re+��red del'_ _ [ Ceftif CL��;�S. of lnsLtrarlct=' must include agents name, phone number, and email address _ �Z The City of reservesDubuque the right to require >��1�►le�ie, ��'��e �� p1es of -all Teq[�ire+� �+ thl� �hedl�le at .an'�r' t1Ce_ l _ The City of Dubuque reser�les fhe r5qhl tra modTV these requirements, including limits, :baked o �hange� �rl tie r��l� or other ��o[a1 �.ryr�lJ��l�ta[r"1��:� dur[ng fhe term, of tine agrempt� C!"ewt to mutual agfeen wtiIt I witiepolti Page 6 of 9 fty of Dubuque insurance Requirements Tor Venaors (Suppliers, a ovi ers) nerai �.ggregate_L1It Prod '_at-oifete 0Aggmgake �UMSi Personae and Advertising Injury. Lin1ft Ea ch 0 c curre n ce jf:. d l cal Pa�,�' me iits i , oor Doat oo DCIGT000 ,000,o00 o,0oo � � ��r�e ��a�l �► �'�� !� t�L'V'�frerl�e., riot �� i'1V\��:f�.rE�i. ��le g�`1 [eT�� iIONIA �� afl e i�i��R� +��: fry :��r� ��#rith f�So�fr_rm 00 0101 or bu sa�ir��s owners fo BP oo 02. All deviations from the standard ISO commercial gii eral flability form CG 00.01. or Business owners fora BP �DO 02, shall Lie clearly �nti��. nclude ISO endorsement ► g regate LIrnftM" �r1r�lu�fe endorsement in�iitatln ti�at �o�r~ag� i� �rin�ar�� antl �o�-ntrii:�t�r�}j}. dude Preservation of o emmentai Immunities Endorsement t arnpfe ached). {riclude additional insured endorsement for [� fit of o�at+�, ir��.i�ii�g all Its elected .and. ��oNrrferl officials, all its emplo�►e s and volunteers, all its boards., r�OMMlissms andjor author�iti�es and boa ��ei r �en�E��, ern�lo�ee-� end ��nt�� Use to foCG g �. ,t o ngo��ng o��ratlon� or i�� e��i��ler�t_ #i shall include Waiverof P.igh-t t2oRecoVeT.ftom others endorsement. �to�� ene�t� �o�enn� Al e��fo�,3ee� ir��i,ired or7 tl�e 4o€� k��}� overage ,"1Slatutoiv—.qtate o'f to�va �o�erage E��fo�ers L�il��, Each AW de F L Each Employee -Disease Policy Limit -Di eLise Polio shall include Waiver of Right to Recoverfrom terms endorserr�er�t. overage ftits shall be reamer if required y the umbrellal eces insurer. off ffF 'JY: �o�i��n�or� Ir��r�n�e, tf�e ��t'er��for �f�all ha�`e a �o��o� tf�ie tate'� or�eie�tior� of ork,em Compensation or Employe LiabilityLiabiliTty Coverage form on file wtuil.ihAe. io a ' �orkersr. ompensaWn Insurance Commissioner, as re oired by Iowa Code Section ,T2_ Completed fora mum a attao.hed Page7of9 fit of Dubr.rque I11�i.dran:oe Requirement for Vendors (Sup►pli�ers Service �'r.ov r � �'+�LLTI��I LBlL1T�' overae requited� lea1xv P�I�a� liabilit�,� �o�� h��11 be rewired if the ��, �or�tra�tir�g Pa�►� perr��ie�e has an .pollutiOn eXpOSur•e for abitement of hazardoLIS OF oontacn hated materials is cluding but not lirniled to, petroleum products, the remov I of lead, asbestos, or PCBs. Pollution Product and completed operations oovera.ge shall J.1 o be covered. PolicY Lggfegate `I� Po�ic� to ir��iu�de fob site rind trar�aportat�on corerage_ 2) Include additional insured for: The �fi X of Dubuque, including all its elected and appointed officials, all its emplo, ees %and volume s, all its boards? coMMIsaions anal/or authorities and their board members, employees and volunteers_ Use ISO form fG 20 M (Ongoing operations) or its equivalent and ��7t4 �competed operations). 3) Include Preservation of o eimme�ntal Immunities Endorsement. 4 Provide e v [dence of oolverage for . -years after completion of prro ] ect_ PROFESSIONAL LIABILITY r� ��g��,g �3)vrarag:e reguired� X `des o if the re��u i reel pol i��prc��rid ea �Iain�a r��a �e co�erage� 'I � ; before the date of agreen�e.r�€_ Insurance must be .maintained and evidence of insurance must be per vi ed� at. least -five (5) years after- completion of the ;��rork or sere ices. If coverage is canceled or non -renewed and not. replaced 4posith another claims - made policy form It,44th a Retroactive Gate prior to the date of the agreement, the contractor mustro p'r`lde °'extended reporting coverage for a minim= of fis e �5 years after completion of the work or services. The l� etroa�tive Iloilo n� uat be �houun an� must �"`�ERLIABILIT`IBEAC H over•ae required. Yes overage for Fiat. and Third'Part l�al�ili rtoratiQn. lo�� of inoon�� d ��b�r breach of ir�fo►rmati�u. overage reqoire& yes T� general Liabili� utomobile Liab�Ii a.nd'��'or"l:e c�rnpensation Insurance rat ire be �a#ired ��ith a c�c�:i nati of� of primate and � � n� L~r-el l� or E�o� LiabiliLY JW6LIran.ce. if the 1JJU I tk=! ltd or FA cesL�t lnsurani�e P%MP. � doea not f i[o�;r�F the f in o the prima policies, k shall include. the sane endorsements as req;Aced of the primary policies includin'g aiver• of � ubrogation and �'rirE�,�y and Non contributd r in favor of the E_ Page8of9 pity of Dubuque Insurance Kequirem ente for Vendors 1.S. uppliers, Service Pro-Viders) Feasebe aware that nahning the 'krty,ofDuDUqUw43S i1t dUU1UU11dJ io�UreU �� i;D r�guir� Yy k 1* :Cn r r nSchedule� result i 1 the waiver of the C r�� c��ern ental immunities providedin Iowa Code sec- 670A_ If you would like to preaerve those immunities,, please use this endorsement or an equivalent form_ PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT _ �t��e� �� nee r � �� I ! n� u s� it�i• . � he r �� sdt�� p�essl°fit ag re e� and state � ��:.t��e ��r�� of this policy and the including of the City of Dubuque, Iowa as are dditional insurer. dog not wa;Ive any of the defenses of go ernmental immunity t• vailahle to the pity of Dubuque= Iowa under Code of Iowa .section 670 A as it is now exists and as it may he amended from fire to tim.6. '. leis �o•1era�e_ Thy x�surer furtl-�e€- �r� fat this �►oli+�� of insur-an�e shalf �o��r �nl�tl�o� e olalms. not subject to the defense of go-; ernmental immunity under the Code of io.va Secton 670.4 as it noV,exists and as it may be amended from time to time. Those claims not subject to Code of Iowa 9' ection 670.4 shall be covered by the terms and conditions of this insurance policy. :� _ r�ssertit�n ►�f �'o;r•err�:n�ent ln�n�� TT.r i_lefense of governniental inimur-rity, request of the insurer_ �� r_ The €tyof �u�ut�uelo��a shall �a� res�on�ihle for asserting acid may qo so at any time and shall do :so upon the tin el writte11 �_ �n-��'�tal of �o•�Ferae. Ti�� i�st�rer shall r��t d��iy€ �o�erag�e ��def �� and the ins�rc�T shall not deny a of the rights and benents acur4ii W t t: CAN ►Df R.Juhuque,1UW4 dttUer LHi� PUIR.P for reasons of gover;nniental immunity unless -and u $ a coort.bt competent jurisdiction has ruled M favor of fihe defenses) of go, oemmental immunity asserted. b the City of Dubuque.r lowi_ �o ()thar. tian�e Tha ahove �re�ee�-anon of g��►ern��ec�tai tmrr�ur�itie� �ha11 n��t other��i�e orange ora r tine ooerase a• aiiak le ender 1�he V alioa Page9of9 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND IOWA LEGAL AID THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1 st day of July 2024, is made and entered into by and between the City of Dubuque, Iowa (the "City") and Iowa Legal Aid, an Iowa non-profit corporation (the "Agency"). WHEREAS, the City desires to engage the services of the Agency to provide employment barriers legal clinics; and WHEREAS, the Agency is willing to provide such services to the City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Services Agency shall: a) further the City of Dubuque Goal of Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity; b) provide employment barriers legal clinics; 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 The City designates its 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 the City's policies, and provide decisions in a timely manner pertinent to the work covered by this Agreement. The City's Community Development Specialist shall serve in this role 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 Page 1 of 9 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 1, 2024 through June 30, 2025 (the "Term") 4. Compensation The City shall pay the Agency $5,000 as compensation for the services provided by the Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid upon receipt by the City of a requisition for such sum from the Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to the Agency by the 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 the 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 the City or any certified public accountant acting on its behalf, in order to ascertain performance and compliance of the Agency under this Agreement. The Agency agrees to retain such records for not less than three (3) years after the end of the Term of this Agreement. 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 June 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 the Agency has an annual audit performed, the Agency shall provide the 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 City's 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 June 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, 2025. Page 2 of 9 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, gender identity or disability. 9. Termination of Aareement If, through any cause, the 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, the City shall thereupon have the right to terminate this Agreement by giving written notice thereof to the Agency and specifying the effective date of termination, which shall be not less than seven days from the date of the City's written notice to the Agency. If the Agency shall fail to cure its default to the satisfaction of the City, in the City's sole and absolute 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, the Agency shall immediately return to the City all unexpended funds and any funds utilized for purposes other than stated in this Agreement. 10. Assignability The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. 11. Acknowledgement The Agency 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 the work performed with funds from this Agreement. Recognition guidelines are located at: https://www.cityofdubugue.org/2805/Funding-Recognition. The Agency will provide evidence of such acknowledgement as an addendum to the Final Page 3 of 9 Report. 12. Conflict of Interest No member, officer, or employee of the City, its designees, or its agents, nor any member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the program assisted under this Agreement 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. 14. Miscellaneous 14.1 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 otherwise 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. 14.2 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. 14.3 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 permitted 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 section and paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 14.4 Governing Law; Venue. This Agreement is entered into under and 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. 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. Page 4 of 9 14.5 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 electronically 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. 14.6 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. 14.7 Amendments. This Agreement may only be amended by a written instrument, duly signed by the parties hereto. 14.8 Indemnification. The Agency hereby releases the City and its governing body members, officers, agents, employees, and volunteers from any and all liability associated with implementation of this Agreement and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, employees, and volunteers against any loss, damage, or claim of any nature whatsoever arising from this Agreement. 14.9 Notices. Any notice required or permitted this Agreement shall be in writing and sent to the following physical or email address of the party: City of Dubuque Attn: Community Development Specialist 350 W 6th Street, Suite 312 Dubuque, IA 52001 mdeutsch65�cityofdubuque.org CITY OF DUBUQUE, IOWA �dA 009 _- Si . i Vla Mayor Witness: Adrienne Breitfelder, City Clerk Iowa Legal Aid Attn: Executive Director 744 Main Street, Suite 1 Dubuque, IA 52001 grantsgiowalaw.org IOWA LEGAL AID /1 Nick Smithberg, Executive Director Page 5 of 9 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. Page 6 of 9 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 job by accident or disease as prescribed by Iowa Code Chapter 85- Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement Coverage B limits shall be greater if required by the 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 form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87-2. Completed form must be attached. Page 7 of 9 City of Dubuque Insurance Requirements for Venders (Suppliers, Service Providers) IN URANDE SCHEDULE G {continued} C) POLLUTION LIABILITY Coverage required: _ Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs_ Pollution product and completed operations coverage shall also be covered - Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1 } Policy to include job site and transportation coverage_ 2) Include additional insured for The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions 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 Immunikies 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 clairns- 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 LIABILITYIBREACH $1,B00,B00 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) UMBRELLAIEXCESS $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-contributory in favor of the City_ Page 8 of 9 City of DubugLie 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 Citys governmental immunities provided in Iowa Code sec_ 670.4_ If you would like to preserve those immunities, please use this endorsement or an equivalent form - PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1_ Nonaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2_ Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670_4 as it now exists and as it may be amended from time to time_ Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy_ 3_ Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer- 4- Nan -Denial of Coverage. The insurer shag 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 govern mental immunity asserted by the City of Dubuque, Iowa_ No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER; FILL IN ALL BLANKS AND CHECK BOXES} Page 9 of 9 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND NORTHEAST IOWA AREA AGENCY ON AGING, INC. THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1st day of July 2024, is made and entered into by and between the City of Dubuque, Iowa (the "City") and Northeast Iowa Area Agency on Aging, Inc., an Iowa non-profit corporation (the "Agency"). WHEREAS, the City desires to engage the services of the Agency to provide the Healthy Steps for Older Adults Program; and WHEREAS, the Agency is willing to provide such services to the City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Services Agency shall: a) further the City of Dubuque Goal of Vibrant Community: Healthy and Safe; b) provide the Healthy Steps for Older Adults 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 The City designates its 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 the City's policies, and provide decisions in a timely manner pertinent to the work covered by this Agreement. The City's Community Development Specialist shall serve in this role 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. Page 1 of 9 3. Time of Performance The term of this Agreement shall be from July 1, 2024 through June 30, 2025 (the "Term"). 4. Compensation The City shall pay the Agency $4,280 as compensation for the services provided by the Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid upon receipt by the City of a requisition for such sum from the Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to the Agency by the 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 the 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 the City or any certified public accountant acting on its behalf, in order to ascertain performance and compliance of the Agency under this Agreement. The Agency agrees to retain such records for not less than three (3) years after the end of the Term of this Agreement. 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 June 151". 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 the Agency has an annual audit performed, the Agency shall provide the 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 City's 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 June 151". 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, 2025. 8. Discrimination Page 2 of 9 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, gender identity or disability. 9. Termination of Agreement If, through any cause, the 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, the City shall thereupon have the right to terminate this Agreement by giving written notice thereof to the Agency and specifying the effective date of termination, which shall be not less than seven days from the date of the City's written notice to the Agency. If the Agency shall fail to cure its default to the satisfaction of the City, in the City's sole and absolute 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, the Agency shall immediately return to the City all unexpended funds and any funds utilized for purposes other than stated in this Agreement. 10. Assignability The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. 11. Acknowledgement The Agency 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 the work performed with funds from this Agreement. Recognition guidelines are located at: https://www.citvofdubugue.org/2805/Funding-Recognition. The Agency will provide evidence of such acknowledgement as an addendum to the Final Report. Page 3 of 9 12. Conflict of Interest No member, officer, or employee of the City, its designees, or its agents, nor any member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the program assisted under this Agreement 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. 14. Miscellaneous 14.1 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 otherwise 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. 14.2 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. 14.3 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 permitted 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 section and paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 14.4 Governing Law; Venue. This Agreement is entered into under and 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. 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. Page 4 of 9 14.5 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 electronically 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. 14.6 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. 14.7 Amendments. This Agreement may only be amended by a written instrument, duly signed by the parties hereto. 14.8 Indemnification. The Agency hereby releases the City and its governing body members, officers, agents, employees, and volunteers from any and all liability associated with implementation of this Agreement and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, employees, and volunteers against any loss, damage, or claim of any nature whatsoever arising from this Agreement. 14.9 Notices. Any notice required or permitted this Agreement shall be in writing and sent to the following physical or email address of the party: City of Dubuque Northeast Iowa Area Agency on Aging, Inc. Attn: Community Development Specialist Attn: Executive Director 350 W 611, Street, Suite 312 2728 Asbury Rd, Fountain Park, #430 Dubuque, IA 52001 Dubuque, IA 52002 mdeutsch cit ofdubu ue.or grants(dnei3a.org CITY OF DUBUQUE, IOWA NORTHEAST IOWA AREA AGENCY ON AGING, INC. Brad M. anagh, Mayor Witness: Adrienne Breitfelder, ity Clerk Mi e Dono0ue, Executive Director Page 5 of 9 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. Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. 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 CiN of Dubuque. d. The service provider shall be required to carry the minimum coverage;limits. or greater if required by law or other legal agreement. in Exhibit 1. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement F All required endorsements shall be attached to certificate. T Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9 'vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the'dendor. '1 D. 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. Page 6 of 9 City of Dubuque Insurance Requirements for vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit 52,000.000 Products -Completed Operations Aggregate Limit S 1,000.000 Personal and Advertising Injury Limit 51,000,000 Each Occurrence S 1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments 55,000 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 j Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions arKVor authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION 8 EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbreltWexcess insurer If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 7 of 9 City of Dubuque Insurance Requirements for Venders (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 permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos. or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate S4,D00.000 1) Policy to include job site and transportation coverage_ 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required: 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 witch 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 LIABILITYIBREACH $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. F) UMBRELLAIEXCESS $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-contributory in favor of the City. Page 8 of 9 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 Cdy's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2_ Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3_ Assertion of Government Immunity. The City of Dubuque. Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer- 4- Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa_ No Other Change in Policy. The above preservation of governmental immunities shall not othenvise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 9 of 9 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PRESENTATION LANTERN CENTER THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1 st day of July 2024, is made and entered into by and between the City of Dubuque, Iowa (the "City") and Presentation Lantern Center, an Iowa non-profit corporation (the "Agency"). WHEREAS, the City desires to engage the services of the Agency to provide workforce retention and support for refugees and immigrants; and WHEREAS, the Agency is willing to provide such services to the City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Services Agency shall: a) further the City of Dubuque Goal of Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity; b) provide workforce retention and support for refugees and immigrants; 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 The City designates its 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 the City's policies, and provide decisions in a timely manner pertinent to the work covered by this Agreement. The City's Community Development Specialist shall serve in this role 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 Page 1 of 9 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 1, 2024 through June 30, 2025 (the "Term") 4. Compensation The City shall pay the Agency $20,000 as compensation for the services provided by the Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid upon receipt by the City of a requisition for such sum from the Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to the Agency by the 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 the 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 the City or any certified public accountant acting on its behalf, in order to ascertain performance and compliance of the Agency under this Agreement. The Agency agrees to retain such records for not less than three (3) years after the end of the Term of this Agreement. 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 June 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 the Agency has an annual audit performed, the Agency shall provide the 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 City's 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 June 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, 2025. Page 2 of 9 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, gender identity or disability. 9. Termination of Aareement If, through any cause, the 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, the City shall thereupon have the right to terminate this Agreement by giving written notice thereof to the Agency and specifying the effective date of termination, which shall be not less than seven days from the date of the City's written notice to the Agency. If the Agency shall fail to cure its default to the satisfaction of the City, in the City's sole and absolute 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, the Agency shall immediately return to the City all unexpended funds and any funds utilized for purposes other than stated in this Agreement. 10. Assignability The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. 11. Acknowledgement The Agency 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 the work performed with funds from this Agreement. Recognition guidelines are located at: https://www.cityofdubugue.org/2805/Funding-Recognition. The Agency will provide evidence of such acknowledgement as an addendum to the Final Page 3 of 9 Report. 12. Conflict of Interest No member, officer, or employee of the City, its designees, or its agents, nor any member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the program assisted under this Agreement 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. 14. Miscellaneous 14.1 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 otherwise 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. 14.2 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. 14.3 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 permitted 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 section and paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 14.4 Governing Law; Venue. This Agreement is entered into under and 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. 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. Page 4 of 9 14.5 Counterpartsj_ 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 electronically 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. 14.6 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. 14.7 Amendments. This Agreement may only be amended by a written instrument, duly signed by the parties hereto. 14.8 Indemnification. The Agency hereby releases the City and its governing body members, officers, agents, employees, and volunteers from any and all liability associated with implementation of this Agreement and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, employees, and volunteers against any loss, damage, or claim of any nature whatsoever arising from this Agreement. 14.9 Notices. Any notice required or permitted this Agreement shall be in writing and sent to the following physical or email address of the party: City of Dubuque Attn: Community Development Specialist 350 W 61h Street, Suite 312 Dubuque, IA 52001 mdeutschP_cityofd ubuque.org CITY OF DUBUQUE, IOWA Witness: Adrienne Breitfelder, City Cle Presentation Lantern Center Attn: Executive Director 900 Jackson Street, Suite LL5-1 Dubuque, IA 52001 mega nathelanterncenter.orq PRESENTATION LANTERN CENTER Megan 7Rui xecutive Directo 4 Page 5 of 9 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. Page 6 of 9 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 job by accident or disease as prescribed by Iowa Code Chapter 85- Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement Coverage B limits shall be greater if required by the 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 form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87-2. Completed form must be attached. Page 7 of 9 City of Dubuque Insurance Requirements for Venders (Suppliers, Service Providers) IN URANDE SCHEDULE G {continued} C) POLLUTION LIABILITY Coverage required: _ Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs_ Pollution product and completed operations coverage shall also be covered - Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1 } Policy to include job site and transportation coverage_ 2) Include additional insured for The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions 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 Immunikies 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 clairns- 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 LIABILITYIBREACH $1,B00,B00 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) UMBRELLAIEXCESS $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-contributory in favor of the City_ Page 8 of 9 City of DubugLie 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 Citys governmental immunities provided in Iowa Code sec_ 670.4_ If you would like to preserve those immunities, please use this endorsement or an equivalent form - PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1_ Nonaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2_ Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670_4 as it now exists and as it may be amended from time to time_ Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy_ 3_ Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer- 4- Nan -Denial of Coverage. The insurer shag 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 govern mental immunity asserted by the City of Dubuque, Iowa_ No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER; FILL IN ALL BLANKS AND CHECK BOXES} Page 9 of 9 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ST. MARK YOUTH ENRICHMENT THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1st day of July 2024, is made and entered into by and between the City of Dubuque, Iowa (the "City") and St. Mark Youth Enrichment, an Iowa non-profit corporation (the "Agency"). WHEREAS, the City desires to engage the services of the Agency to provide after school programming; and WHEREAS, the Agency is willing to provide such services to the City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Services 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; 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 The City designates its 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 the City's policies, and provide decisions in a timely manner pertinent to the work covered by this Agreement. The City's Community Development Specialist shall serve in this role 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 Page 1 of 9 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 1, 2024 through June 30, 2025 (the "Term") 4. Compensation The City shall pay the Agency $25,000 as compensation for the services provided by the Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid upon receipt by the City of a requisition for such sum from the Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to the Agency by the 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 the 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 the City or any certified public accountant acting on its behalf, in order to ascertain performance and compliance of the Agency under this Agreement. The Agency agrees to retain such records for not less than three (3) years after the end of the Term of this Agreement. 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 June 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 the Agency has an annual audit performed, the Agency shall provide the 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 City's 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 15th, and June 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, 2025. Page 2 of 9 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, gender identity or disability. 9. Termination of Agreement If, through any cause, the 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, the City shall thereupon have the right to terminate this Agreement by giving written notice thereof to the Agency and specifying the effective date of termination, which shall be not less than seven days from the date of the City's written notice to the Agency. If the Agency shall fail to cure its default to the satisfaction of the City, in the City's sole and absolute 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, the Agency shall immediately return to the City all unexpended funds and any funds utilized for purposes other than stated in this Agreement. 10. Assignability ability The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. 11. Acknowledgement The Agency 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 the work performed with funds from this Agreement. Recognition guidelines are located at: https://www.citvofdubugue.org/2505/Funding-Reco_anition. The Agency will provide evidence of such acknowledgement as an addendum to the Final Page 3 of 9 Report. 12. Conflict of Interest No member, officer, or employee of the City, its designees, or its agents, nor any member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the program assisted under this Agreement 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. 14. Miscellaneous 14.1 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 otherwise 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. 14.2 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. 14.3 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 permitted 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 section and paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 14.4 Governing Law; Venue. This Agreement is entered into under and 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. 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. Page 4 of 9 14.5 Countor arts Facsimile and Electronic Si natures. 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 electronically 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. 14.6 Sibnatory 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, 14.7 Amendments. This Agreement may only be amended by a written instrument, duly signed by the parties hereto. 14.8 Indemnification. The Agency hereby releases the City and its governing body members, officers, agents, employees, and volunteers from any and all liability associated with implementation of this Agreement and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, employees, and volunteers against any loss, damage, or claim of any nature whatsoever arising from this Agreement. 14.9 Notices, Any notice required or permitted this Agreement shall be in writing and sent to the following physical or email address of the party: City of Dubuque Attn: Community Development Specialist 350 W 6tn Street, Suite 312 Dubuque, IA 52001 mdeutsch cit ofdubu ue.or CITY OF DUBUQUE, IOWA Witness: Adrienne Breitfelder, City Clerk St. Mark Youth Enrichment Attn: Executive Director PO Box 568 Dubuque, IA 52001 dcogan_@stmarkyouthenrichment.org ST. MARK YOUTH ENRICHMENT _Patin Cogan, Exective Director Page 5 of 9 ATTACHMENT A City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G t shall furnish a signed certificate of insurance to the City of Dubuque: Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate %vas 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 coverageflimits, or greater if required by law or other legal agreement, in Exhibit 1. Faiiiure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be .attached tr certificate. Vlhenever 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 ,Maing all deviations and exclusions from the ISO form. 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. Vendor shall require all subcontractors and scab -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors- vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage_ The City may request a copy of such certificates from the Vendor. 10_ Vendor shall be responsible for deduct! bles;'self-insured retention for payment of all policy premiums and other casts associated with the insurance policies required belrnl+_ 11 _ All certificates of insurance must include agents name: phone number, and email address_ 12_ The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endersernents, required by this schedule at any time. 13_ The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement. subject to mutual agreement of the parties. Page 6 of 9 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit 52,000,000 Products -Completed Operations Aggregate Limit S1,000,000 Personal and Advertising Injury Limit 51,000,000 Each Occurrence S1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments S5,000 1) Coverage shall be ►�Titten on an occurrence, not claims matte, form. The general liability coverage ,hall be written in accord with ISO form C(; 00 01 or business owners form BP,00 02. All deviations from the standard ISO commercial general Viability form CG 00 01, or Business owners form BP 010 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 °Designated Locations) General Aggregate Limit- 0) Include endorsement indicating that coverage is primary and non-contributory_ 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5 a Include additional insured endorsement for, The Uityr of Dubuque, including all :its elected and appointed officials, all its employees and volunteers, all its boards, commissions andior.authorities and their board members, employees and volunteers- Use ISO farm CG 20 10 (Ongoing operations) or its equivalent.. Policy shall include Waiver of Right to Recover from Others endorsement_ B) WORKERS° COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits cowering all employees injured on the job by accident or disease as prescnibed by Iovza Code Chapter &5- overage A Statutory —State of lo►va Coverage B Ernplayers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $5,00,0100 Poficy shall iinclude Waiver of Right. to Recover from Others endorsement. >soverage B i-Imits shall be greater if required by the urnbrellaexcess insurer OR If, by Ima Code Section $5-1A, the Vendor is not required to purchase Workers` Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 7 of 9 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 permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered_ Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10- (Ongoing operations) or its equivalent and CG 20 37(competed operations)_ 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D) PROFESSIONAL LIABILITY $1,0010,000 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) CYB€R 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. F) UMBRELLAiEXCESS $1,000,C00 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. Page 8 of 9 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec_ 670.4_ If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT I. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2_ Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time_ Those claims not subject to Code of Iowa Section 670A shall be covered by the terms and conditions of this insurance policy- 3- Assertion of Government Immunity_ The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer- 4- Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and unfit a court of competent jurisdiction has ruled in favor of the defenses) of governmental immunity asserted by the City of Dubuque, Iowa_ No Other Change in Policy. The above preservation of governmental immunities shall ,not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 9 of 9 DocuSign Envelope ID: 494E47DD-B62E-46E3-A1 EO-31 BCE3E28038 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WAYPOINT THIS AGREEMENT (the "Agreement"), dated for reference purposes the 1 st day of July 2024, is made and entered into by and between the City of Dubuque, Iowa (the "City") and Waypoint, an Iowa non-profit corporation (the "Agency"). WHEREAS, the City desires to engage the services of the Agency to provide a domestic violence program; and WHEREAS, the Agency is willing to provide such services to the City upon the terms and conditions set forth herein. NOW THEREFORE, the parties hereto agree as follows: Scope of Services Agency shall: a) further the City of Dubuque Goal of Vibrant Community: Healthy and Safe; b) provide a domestic violence 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 The City designates its 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 the City's policies, and provide decisions in a timely manner pertinent to the work covered by this Agreement. The City's Community Development Specialist shall serve in this role 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. Page 1 of 9 DocuSign Envelope ID: 494E47DD-B62E-46E3-A1 EO-31 BCE3E28038 3. Time of Performance The term of this Agreement shall be from July 1, 2024 through June 30, 2025 (the "Term") 4. Compensation The City shall pay the Agency $12,000 as compensation for the services provided by the Agency, which payment shall constitute full and complete compensation for such services. The compensation shall be paid upon receipt by the City of a requisition for such sum from the Agency. 5. Audit and Evaluation Inasmuch as the funds to be provided to the Agency by the 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 the 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 the City or any certified public accountant acting on its behalf, in order to ascertain performance and compliance of the Agency under this Agreement. The Agency agrees to retain such records for not less than three (3) years after the end of the Term of this Agreement. 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 June 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 the Agency has an annual audit performed, the Agency shall provide the 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 City's 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 June 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, 2025. 8. Discrimination Page 2 of 9 DocuSign Envelope ID: 494E47DD-B62E-46E3-A1 EO-31 BCE3E28038 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, gender identity or disability. 9. Termination of Agreement If, through any cause, the 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, the City shall thereupon have the right to terminate this Agreement by giving written notice thereof to the Agency and specifying the effective date of termination, which shall be not less than seven days from the date of the City's written notice to the Agency. If the Agency shall fail to cure its default to the satisfaction of the City, in the City's sole and absolute 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, the Agency shall immediately return to the City all unexpended funds and any funds utilized for purposes other than stated in this Agreement. 10. Assignability The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. 11. Acknowledgement The Agency 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 the work performed with funds from this Agreement. Recognition guidelines are located at: https://www.citVofdubugue.org/2805/Funding-Recognition. The Agency will provide evidence of such acknowledgement as an addendum to the Final Report. Page 3 of 9 DocuSign Envelope ID: 494E47DD-B62E-46E3-A1 EO-31 BCE3E28038 12. Conflict of Interest No member, officer, or employee of the City, its designees, or its agents, nor any member of the Dubuque City Council nor other public official of the City who exercises any function or responsibility with respect to the program assisted under this Agreement 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. 14. Miscellaneous 14.1 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 otherwise 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. 14.2 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. 14.3 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 permitted 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 section and paragraphs of this Agreement are for convenience only and are not intended to be used to interpret or enforce the provisions hereof. 14.4 Governing Law; Venue. This Agreement is entered into under and 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. 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. Page 4 of 9 ❑ocu5ign Envelope ID: 494E47DD-862E-46E3-A1EO-31BCE3E28638 14.5 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 electronically 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. 14.6 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. 14.7 Amendments. This Agreement may only be amended by a written instrument, duly signed by the parties hereto. 14.8 Indemnification. The Agency hereby releases the City and its governing body members, officers, agents, employees, and volunteers from any and all liability associated with implementation of this Agreement and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, employees, and volunteers against any loss, damage, or claim of any nature whatsoever arising from this Agreement. 14.9 Notices. Any notice required or permitted this Agreement shall be in writing and sent to the following physical or email address of the party: City of Dubuque Attn: Community Development Specialist 350 W 6th Street, Suite 312 Dubuque, IA 52001 mdeutsch(@_cityofdubuque.orq CITY OF DUBUQUE, IOWA �T MOV, Mayor Witness: Adrienne Breitfelder, Oty Clerk Waypoint Attn: Chief Executive Officer 318 51h St. SE Dubuque, IA 52001 iken nedy(a-_)waypointservices.org WAYPOINT 6ocuSigned by: 8564183C6C9E488... Jaye Kennedy, Chief Executive Officer Page 5 of 9 DocuSign Envelope ID: 494E47DD-B62E-46E3-A1 EO-31 BCE3E28038 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_ 10_ 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. Page 6 of 9 DocuSign Envelope ID: 494E47DD-B62E-46E3-A1 EO-31 BCE3E28038 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G (continued) 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, 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 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 Code Section 87-2. Completed form must be attached. Page 7 of 9 DocuSign Envelope ID: 494E47DD-B62E-46E3-A1 EO-31 BCE3E28038 City of DubugLie Insurance Requirements for Venders (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 permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs_ Pollution product and completed operations coverage shall also be covered - Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1 } Policy to include job site and transportation coverage_ 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions andfor authorities and their board members, employees and volunteers_ Use ISO farm CG 20 10_ (Ongoing operations) or its equivalent and CG 29 37(competed operations). 3) Include Preservation of Governmental Immunikies 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 LIABILITYfBREACH $1,B00,B00 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) UMBRELLAIEXCESS $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 shalJ include the same endorsements as required of the primary policies including Waiver of Subrogation and Primary and Non-contributory in favor of the City_ Page 8 of 9 DocuSign Envelope ID: 494E47DD-B62E-46E3-A1 EO-31 BCE3E28038 City .=.f E)uhugLIE Insurance Re. 9uIrements for Vendors (Suppliers, Service Providers) Please be aware that naming the City of D ubuque as an additional insured as is require-d by this Insurance Schedule may result in the waiver of the Citys governmental immunities provided in Iowa Code sec_ 670.4_ If you would like to preserve those immunities, please use this endorsement or an equivalent form - PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1_ Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immrnity available to the City of Dubuque, Iowa under Code of loom Section 670.4 as it is now exists and as it may be amended from time to time. 2_ Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670_4 as it now exists and as it may be amended from time to time_ Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy_ 3_ Assertion of [;overnment 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_ Nan -Denial of Coverage. The insurer shag not deny coverage under this policy and the insurer shall not deny amw of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa_ No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER; FILL IN ALL BLANKS AND CHECK BOXES} Page 9 of 9