Fiscal Year 2025 Contracted Services Agreements Copyrighted
June 2, 2025
City of Dubuque CONSENT ITEMS # 7.
City Council
ITEM TITLE: Fiscal Year 2025 Contracted Services Agreements
SUMMARY: City Manager recommending City Council approval of Fiscal
Year 2025 Contracted Services Agreements with Community
Solutions of Eastern lowa in the amount of$13,000, Four
Mounds Heart Program in the amount of$10,000, and
Hawkeye Area Community Action Program in the amount of
$70,000.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTAC H M ENTS:
1. MVM Memo
2. Staff Memo- CSEI
3. Staff Memo- Four Mounds
4. Staff Memo- HACAP
5. Agreement- CSEI
6. Agreement- Four Mounds
7. Agreement- HACAP
Page 172 of 2490
Dubuque
THE CITY QF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Fiscal Year 2025 Contracted Services Agreements
DATE: May 28, 2025
Interim Housing & Community Development Director Cori Burbach is recommending
City Council approval of the following Fiscal Year 2025 Contracted Services
Agreements:
1. Community Solutions of Eastern lowa in the amount of $13,000 to ensure
Community Solutions of Eastern lowa can continue to provide and answer the
homeless hotline.
2. Four Mounds Heart Program in the amount of$10,000 to provide youth
education where participants experience hands-on learning while promoting
neighborhood revitalization and earning a high school diploma.
3. Hawkeye Area Community Action Program in the amount of$70,000 to provide
Volunteer Income Tax Assistance (VITA) program, a free, reliable, and trusted
source for preparing tax returns for eligible individuals and families.
All of the above agreements also have the following reporting requirements:
1. Progress reports will be submitted.
2. Reports will be submitted using a form on the City's website
3. Reports will include equity and inclusion reporting.
4. Audit reports are due within 60 days of audit completion.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:sv
Attachment
Page 173 of 2490
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager & Interim Housing & Community
Development Director
Mary Bridget Corken-Deutsch, Community Development Specialist
2
Page 174 of 2490
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Cori Burbach, Interim Housing and Community Development Director
SUBJECT: Fiscal Year 2025 Contracted Services Agreement- Community Solutions
of Eastern lowa
DATE: May 27, 2025
Introduction
This memorandum transmits the Fiscal Year 2025 Contracted Services Agreement with
Community Solutions of Eastern lowa for the City's financial support in the Fiscal Year
2025. Community Solutions of Eastern lowa furthers the City of Dubuque Goal of
Livable Neighborhoods and Housing: Great Place to Live.
Discussion
The adopted Fiscal Year 2025 operating budget provides a payment of 13,000 to
Community Solutions of Eastern lowa to ensure Community Solutions of Eastern lowa
can continue to provide and answer the homeless hotline.
The reporting requirements are as follows:
1. Progress reports will be submitted.
2. Reports will be submitted using a form on the City's website
3. Reports will include equity and inclusion reporting.
4. Audit reports are due within 60 days of audit completion.
Recommendation
I respectfully request the City Council approve the attached Contracted Services
Agreement with Community Solutions of Eastern lowa and authorize the Mayor to
execute the Agreement on behalf of the City.
Prepared by: Mary Bridget Corken-Deutsch, Community Development Specialist
Page 175 of 2490
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Cori Burbach, Interim Housing and Community Development Director
SUBJECT: Fiscal Year 2025 Contracted Services Agreement- Four Mounds HEART
DATE: May 27, 2025
Introduction
This memorandum transmits the Fiscal Year 2025 Contracted Services Agreement with
Four Mounds Heart Program for the City's financial support in the Fiscal Year 2025.
Four Mounds Heart Program furthers the City of Dubuque Goal of Livable
Neighborhoods and Housing: Great Place to Live.
Discussion
The adopted Fiscal Year 2025 operating budget provides a payment of 10,000 to Four
Mounds Heart Program to provide youth education where participants experience
hands-on learning while promoting neighborhood revitalization and earning a high
school diploma.
The reporting requirements are as follows:
1. Progress reports will be submitted.
2. Reports will be submitted using a form on the City's website
3. Reports will include equity and inclusion reporting.
4. Audit reports are due within 60 days of audit completion.
Recommendation
I respectfully request the City Council approve the attached Contracted Services
Agreement with Four Mounds Heart Program and authorize the Mayor to execute the
Agreement on behalf of the City.
Prepared by: Mary Bridget Corken-Deutsch, Community Development Specialist
Page 176 of 2490
Dubuque
THE CITY QF �
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TO: Michael C. Van Milligen, City Manager
FROM: Cori Burbach, Interim Housing and Community Development Director
SUBJECT: Fiscal Year 2025 Contracted Services Agreement- Hawkeye Area
Community Action Program
DATE: May 27, 2025
Introduction
This memorandum transmits the Fiscal Year 2025 Contracted Services Agreement with
Hawkeye Area Community Action Program for the City's financial support in the Fiscal
Year 2025. Hawkeye Area Community Action Program furthers the City of Dubuque
Goal of Livable Neighborhoods and Housing: Great Place to Live.
Discussion
The adopted Fiscal Year 2025 operating budget provides a payment of 70,000 to
Hawkeye Area Community Action Program to provide Volunteer Income Tax Assistance
(VITA) program, a free, reliable, and trusted source for preparing tax returns for eligible
individuals and families.
The reporting requirements are as follows:
1. Progress reports will be submitted.
2. Reports will be submitted using a form on the City's website
3. Reports will include equity and inclusion reporting.
4. Audit reports are due within 60 days of audit completion.
Recommendation
I respectfully request the City Council approve the attached Contracted Services
Agreement with Hawkeye Area Community Action Program and authorize the Mayor to
execute the Agreement on behalf of the City.
Prepared by: Mary Bridget Corken-Deutsch, Community Development Specialist
Page 177 of 2490
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
COMMUNITY SOLUTIONS OF EASTERN IOWA
THIS AGREEMENT dated for reference purposes the 2nd day of June 2025, is made and
entered into by and between the City of Dubuque, lowa (City) and Community Solutions of
Eastern lowa (Agency).
WHEREAS, the City desires to engage the services to ensure Community Solutions of
Eastern lowa can continue to provide and answer the homeless hotline; 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:
1. Scope of Services
Agency shall:
a) further the City of Dubuque Goal of Livable Neighborhoods and Housing: Great
Place to Live;
b) ensure Community Solutions of Eastern lowa can continue to provide and answer
the homeless hotline;
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;
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c) Assistance in creating quarterly status reports that demonstrate the ways in which
the Agency's efforts are advancing equity and inclusion; and
d) Access to the City's equity toolkit and SMART Goals Worksheet.
3. Time of PerFormance
The term of this Agreement shall be from July 1, 2024 through June 30, 2025 (the "Term").
4. Compensation
The City shall pay the Agency $13,000 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. Reportinq and Monitorinq
Agency shall comply with the City of Dubuque's reporting and monitoring requirements
by using the following link to submit online reports detailing Agency activities related to
the use of City funds provided to Agency.
The online 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.
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
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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 Aqreement
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. Assiqnabilitv
The Agency shall not assign or transfer any interest in this Agreement without the prior
written approval of the City.
11. Acknowledqement
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.cityofdubuque.org/2805/Funding-Recoqnition. The
Agency will provide evidence of such acknowledgement as an addendum to the Final
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
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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 competentjurisdiction 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 Assiqns 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 Governinq 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 lowa, without regard to
its conflict of laws principles. Venue for any action arising out of this Agreement shall be in the
lowa District Court for Dubuque County, lowa or the Federal District Court for the Northern
District of lowa, Eastern Division, and the parties hereby irrevocably consent to the jurisdiction
of such courts.
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.
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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 Community Solutions of Eastern Iowa
Attn: Community Development Specialist Attn: Board Chair
350 W 6ffi Street, Suite 312 7600 Commerce Park
Dubuque, IA 52001 Dubuque, IA 52002
mdeutschC@_cityofdubugue.org csei(d)ecia.orq
CITY OF DUBUQUE, IOWA COMMUNITY SOLUTIONS OF EASTERN IOWA
ell
rad M. C agh, Mayor Beth Bonz, Board Chair
Witness:
Adrienne Breitfelder, City Clerk
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ATTACHMENT A
Ci#y af Dubuque Insu rance Requirements far Vendars (Suppliers, Service Rraviders}
IN�URAN�E ��HEDULE �
1. 1�endor shall furn ish a signed certificate of insurance to the�ity of Dubuque_ lowa tor the
caverage req uired in Exhibit I prior to khe conkrack commencement. Each certificate shall be
prepared on khe mast current AC4RD farm approved by the lawa Insurance Division ar an
equivalent. Each certificate shall include a statement under Descriptian of Operatians as ta whyr
. .................................................................................
the certifcate was iss�ed. Vendor�ervice Agreemenk dated�une 2 202 .,
�. All policies of insurance required hereunder shall be with an insurer authorized ta do business in
lawa and all insurers shall have a rating of A�or �ekter in the currenk A.f�ri_ Best's Rating�uide.
3. Each certificate shall be furnished to the Finance Department of khe�ity of Dubuque_
4. The service pravider shall be required to carry the minimum coveragellimits, or greater if required
�y law or ather legal agreement, in Exhibit I. Failure to provide the required minimum coverage
shall not be deemed a waiver of such requirements by the�ity af 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 ko the certificake.The certificake is due before the
conkracklagreement can be approved.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalenk form is approved by khe Director of Finance and Budget. The service provider r►iust
identify ar list in wriking all deviakions and exclusians from khe I�O form.
8. If vendors limits of liability are higherthan the required minimum limits then the wendar's limiks
shall be this a�reement's required limits.
9. Vendor shall require all subcontractars and sub-subcontractors ta obtain and maintain during the
perfarmance of wark insurance for the coverages described in this Insurance�chedu le and shall
o6tain certi�cates of insurance from all such su6eantractors and su6-subcontractors. Vendor
agrees that it shall be liable for khe failure of a subconkractor and sub-subcontrackor to abtain and
maintain such coverage.The �ity may request a copy of such certificates from khe Vendor.
10. 1�endor shall be responsible far deduckibles�self-insured rekention far payment of all policy
premiums and okher costs associated with the insurance palicies required below.
11. All certifcates of insurance must include agents name_ phone number,and email address.
12. The �ity of Dubuque reserves khe right kc� require complete, certified capies of all required
insurance policies, including endarsements, required by this �chedule at any time.
13. The �ity of Dubuque reserves khe right to modify these requirements, including limits, based an
changes in the risk ar other special circumstances d uring the term of khe agreement_ subjeck to
written mukual agreemenk atkached hereko.
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IN��JR�4N�E ��HEDIJLE � ���n#inu��f}
EJ{HIBIT I
,4� �OMNIERCIAL�ENERAL LI,4BILIlY
�eneral Aggregate Limit ��,U00,�00
Praduc�tsr�ompleted �peratians A��re�ate Limit �1,U00,�00
Personal and 1�dvertising Injury Limit $1,U00,000
Each �ocurrence �1,U00,000
Fire Damage Limit(any one occurrence} ��0,�00
Medical Payments ��,��JO
1) �overage shall be written on an oocurrenoe, n�t claims made_form. The general
liability c�overage shall be�vritten in aoc�rd with I�D form �� 00 01 or business
owners form BP�0 02_ All deviakions from khe standard I�O commercial�eneral
�iabilityform �� �� D1, or Business owners form BF 00 0�, shall be clearly
i�entified.
�) In�l�,d� ISO �ndors�mer�t f�rrn �G 25 04 "Desigr�at�d L�calion�s}�eneral
Aggregate Limit.�
3) Indude endorsement indicating khat co�erage is primary and non-oontributory.
d) Include Preservatic�n af�avernmental Immunities Endorsement{�ample
atkached�.
�) Indude additional insuredendorsementfar
The �ity of Dubuq�e, including all its eleet�d an� app�inked offidals, all its
employees and volunteers, all iks boards, oommissions andJar authorities and
their board members, emplopees and v�lunteers. Use I�O form ���� 10
{�ngoing operakions)or its equi�alent.
6} Policy shall indude l�+aiverof Right ka Reo�v�r from�th�rs endorsement_
7) Policy shall indude cancellatian and material change endorsement providin�
thirty{3U�days advanoe written n�tioe of cancellation, nan-renewal, reduction in
insurance co+�erage and�or limits and ten (10)days written notioe of nan-paymenk
af premium shall be sent ta: �ity of Qubuque Finance Department, �0 tiNest 13th
�treet�ubuque, lo�va 5�0�1_
B) fNORKER�' GOMPEN�A710N � EMPLOYER� LI1I�ILITY
�tatutory Benefits o��+enng all employees injured on the job by acei�ent or disease as
prescnbed by I�+,va Code�hapter 85_
�overa�e A �takutiary�tat�af lowa
�overa�e B Employers Liability
Each Accident $1��,000
Each Employee-Qisease $100,��70
Policy Limik-Disease $500,�00
P�licy shall include 1�faiver af Righk to R�cover from �thers endorsem�nt.
�overa�e B limiks shall be greater 'rf required by the umbr�lla�excess insurer_
OR
If, by lavaa �ade �ection 8�_1A, the �lendar is no�required �o purehase Warkers'
�ompensakian Insuranoe_the Vendor shall hav�a co�y of the �late's Non�lectian of
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1�+orkers'Compensation or Employers' Lia6ility Coverage form on file with the lowa
I�h+orkers'�ompensation Insurance�ommissioner,as required by lowa Code�eclion
87.��. �ampleted farm must he altached_
INSURAN�E ��HEDULE � (�vntinued)
C) POLLUTION LIABILIIY
�overage required: ❑1`es ❑`� hJa
Pallukion liabilily coverage shall be required if khe lessee_ contracting party, or permittee
has any pollution exposure for abatement of hazardaus or oontaminated materials
including_ but not limited ko_ pekroleum products, the remaval of lead, asbestas_or P�Bs_
Pallukian product and campleked aperations coverage shall also he covered.
Each Oocurrence $�,400,OcJ�
PalicY�99regate $4,400,00�
1) Polic}+ta include jab site and transportation coverage_
�) Ind�ude additianal insured far:
The City of Dubuque, including all its elected and appoinked afficials, all its
employees and volunteers, all iks baards, oommissions andlar aukhorities and
their board members, emplo}+ees and volunteers_ Use I�O farm ���0 10.
{Ongoing operakians)or its equivalent and �� �0 37(oompeked operations)_
3) I�rdude Preservation af�overnmental Immunikies Endorsemerrt_
4) Provide evidenoe of�average for�years after completion af project.
�) Indude endorsement indicating khat coverage is primary and non-oontributory.
6) Polic}+ shall include waiver of righk ko recovery from okhers endorsemenk_
U) PROFE��I�FJAL LIABILIIY �1,400,000
�overage required: �Yes L'JNo
If the required policy provides claims-made ooverage:
1) The Retroackive Date must be shown and m�st be before khe dake of the
agreement.
�) Insurance must be maintained and evidence of insurance must he provided for at
least five (�)years after oomplekion of the work or services.
3) If o�verage is cancel�d ar non-renewed and nat replaced with anather claims-
made palic}+form with a Rekroackive Date prior to the date of the agreemerrt, the
contraclor musl provide"extended r�parting"coverage for a minimum of five(�}
years after completion af the work or serrices.
E) CYBER LIABILITYfBREACH �1,400.000
�overage required: Or'es ❑'� hJa
�overage for First and Third Party breach liability including buk not limited to�ost data and
restoratian_ lass of income and cyber breach of information.
F) UMBRELL1yJEXCE�� �1,400,000
�overage required: O1`es ONa
Th��enera� Liabilily, Automobile Liability and Employ�r's Liability Insurance
requirements may be satisfied wikh a combinati�n af primary and Umbrella or Excess
Liability Insurance. If khe Umbr�lla or Exoess Insurance policy daes not follow the form of
the primary policies_ it shall indude the same endarsements as re�uired of khe primary
policies including but not limited to Waiver af�ubrogation and Primary and Non-
oontributary in favor of the �ity.
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Please be aware thak naming khe�ity of Dubuque as an addikional insured as is required by khis
Insurance �chedule may resull in the waiver af the Cit�'s governmental immunilies pro�ided in lowa �ode
sec.670.d. If yau would like to preserve those immunities, please use this endorsementor an equivalent
fam�.
PRE��ER1lATI�N �F ��1lERNMENTAL IMMUNITIE� ENDDRSEMENT
1_ Nanwaiver af Gavernmental Immunilv_The insurer expressly agrees and states that the purchase
of this palicy and the including af the �ily of dubuque_ lawa as an Additianal Insured does not waive any
of the defenses of g�vernmenkal immunity available to tMe�ity of Dubuque, lowa under Code of lawa
�ection 670.d as it naw exists and as it may be amended fram time ta kime.
�_ �laims�averaqe. The insurer further agrees that this policy of insurance shall cover only those
claims nok subject ta the defense of governmental immunity under the�ade of lawa Section 670_4 as it
now exists and as it may 6e amended from time to time.Those claims nat su6ject to�ode af lowa
�ection 670.d shall be covered by khe terms and canditians af this insuranoe policy.
3_ Asserfion of�overnment Ilmmunikv. The �ity of Dubuque, lowa shall be respansible for asserting
any defense of gavernmental immunity, and may do so at any time a�rd shall do so upon the timely written
request af the insurer.
4_ Non-Qenial af�overaqe.The insurer shall not deny aaverage under this palicy and the insurer
shall nak deny any of the rights and benefiks accruing to the �ity of Dubuque, lowa under this palicy for
reasons af gavernmental immunity unless and until a co�rt of campekent jurisdiction has ruled in favar of
the defense(s}of governmental immunity asserted by the�ity of Dubuque, lowa.
hJo Dther�hanqe in Palicy. The above preservation of gavernmental immunities shall nok okherwise
change or alter the caverage available underthe policy.
��� � ��� �
{DEPARTMENT MANAGER: FILL IIV ALL BLANKS AhID CHECK B�XES)
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AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
FOUR MOUNDS HEART
THIS AGREEMENT dated for reference purposes the 2nd day of June 2025, is made and
entered into by and between the City of Dubuque, lowa (City) and Four Mounds Foundation
(Agency).
WHEREAS, the City desires to engage the service of Agency to provide youth education
where participants experience hands-on learning while promoting neighborhood revitalization
and earning a high school diploma; 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:
1. Scope of Services
Agency shall:
a) further the City of Dubuque Goal of Livable Neighborhoods and Housing: Great
Place to Live;
b) provide youth education where participants experience hands-on learning while
promoting neighborhood revitalization and earning a high school diploma;
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;
Page 1 of 9
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c) Assistance in creating quarterly status reports that demonstrate the ways in which
the Agency's efforts are advancing equity and inclusion; and
d) Access to the City's equity toolkit and SMART Goals Worksheet.
3. Time of PerFormance
The term of this Agreement shall be from July 1, 2024 through June 30, 2025 (the "Term").
4. Compensation
The City shall pay the Agency $10,000 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. Reportinq and Monitorinq
Agency shall comply with the City of Dubuque's reporting and monitoring requirements
by using the following link to submit online reports detailing Agency activities related to
the use of City funds provided to Agency.
The online 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.
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
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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 Aqreement
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. Assiqnabilitv
The Agency shall not assign or transfer any interest in this Agreement without the prior
written approval of the City.
11. Acknowledqement
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.cityofdubuque.org/2805/Funding-Recoqnition. The
Agency will provide evidence of such acknowledgement as an addendum to the Final
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
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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 competentjurisdiction 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 Assiqns 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 Governinq 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 lowa, without regard to
its conflict of laws principles. Venue for any action arising out of this Agreement shall be in the
lowa District Court for Dubuque County, lowa or the Federal District Court for the Northern
District of lowa, Eastern Division, and the parties hereby irrevocably consent to the jurisdiction
of such courts.
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.
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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 6tn Street, Suite 312
Dubuque, IA 52001
mdeutsch(a)cityofdubug ue.org
CITY OF DUBUQUE, IOWA
Witness:
Adrienne Breitfelder, City Clerk
Four Mounds Foundation- Heart
Attn: Board President
4900 Peru Road
Dubuque, IA 52002
becky(o)-fourmounds.org
FOUR MOUNDS FOUNDATION
J Gronen, Board President
Page 5 of 9
ATTACHMENT A
Ci#y af Dubuque Insu rance Requirements far Vendars (Suppliers, Service Rraviders}
IN�URAN�E ��HEDULE �
1. 1�endor shall furn ish a signed certificate of insurance to the�ity of Dubuque_ lowa tor the
caverage req uired in Exhibit I prior to khe conkrack commencement. Each certificate shall be
prepared on khe mast current AC4RD farm approved by the lawa Insurance Division ar an
equivalent. Each certificate shall include a statement under Descriptian of Operatians as ta whyr
. .................................................................................
the certifcate was iss�ed. Vendor�ervice Agreemenk dated�une 2 202 .,
�. All policies of insurance required hereunder shall be with an insurer authorized ta do business in
lawa and all insurers shall have a rating of A�or �ekter in the currenk A.f�ri_ Best's Rating�uide.
3. Each certificate shall be furnished to the Finance Department of khe�ity of Dubuque_
4. The service pravider shall be required to carry the minimum coveragellimits, or greater if required
�y law or ather legal agreement, in Exhibit I. Failure to provide the required minimum coverage
shall not be deemed a waiver of such requirements by the�ity af 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 ko the certificake.The certificake is due before the
conkracklagreement can be approved.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalenk form is approved by khe Director of Finance and Budget. The service provider r►iust
identify ar list in wriking all deviakions and exclusians from khe I�O form.
8. If vendors limits of liability are higherthan the required minimum limits then the wendar's limiks
shall be this a�reement's required limits.
9. Vendor shall require all subcontractars and sub-subcontractors ta obtain and maintain during the
perfarmance of wark insurance for the coverages described in this Insurance�chedu le and shall
o6tain certi�cates of insurance from all such su6eantractors and su6-subcontractors. Vendor
agrees that it shall be liable for khe failure of a subconkractor and sub-subcontrackor to abtain and
maintain such coverage.The �ity may request a copy of such certificates from khe Vendor.
10. 1�endor shall be responsible far deduckibles�self-insured rekention far payment of all policy
premiums and okher costs associated with the insurance palicies required below.
11. All certifcates of insurance must include agents name_ phone number,and email address.
12. The �ity of Dubuque reserves khe right kc� require complete, certified capies of all required
insurance policies, including endarsements, required by this �chedule at any time.
13. The �ity of Dubuque reserves khe right to modify these requirements, including limits, based an
changes in the risk ar other special circumstances d uring the term of khe agreement_ subjeck to
written mukual agreemenk atkached hereko.
Page 6 of 9
Page 192 of 2490
IN��JR�4N�E ��HEDIJLE � ���n#inu��f}
EJ{HIBIT I
,4� �OMNIERCIAL�ENERAL LI,4BILIlY
�eneral Aggregate Limit ��,U00,�00
Praduc�tsr�ompleted �peratians A��re�ate Limit �1,U00,�00
Personal and 1�dvertising Injury Limit $1,U00,000
Each �ocurrence �1,U00,000
Fire Damage Limit(any one occurrence} ��0,�00
Medical Payments ��,��JO
1) �overage shall be written on an oocurrenoe, n�t claims made_form. The general
liability c�overage shall be�vritten in aoc�rd with I�D form �� 00 01 or business
owners form BP�0 02_ All deviakions from khe standard I�O commercial�eneral
�iabilityform �� �� D1, or Business owners form BF 00 0�, shall be clearly
i�entified.
�) In�l�,d� ISO �ndors�mer�t f�rrn �G 25 04 "Desigr�at�d L�calion�s}�eneral
Aggregate Limit.�
3) Indude endorsement indicating khat co�erage is primary and non-oontributory.
d) Include Preservatic�n af�avernmental Immunities Endorsement{�ample
atkached�.
�) Indude additional insuredendorsementfar
The �ity of Dubuq�e, including all its eleet�d an� app�inked offidals, all its
employees and volunteers, all iks boards, oommissions andJar authorities and
their board members, emplopees and v�lunteers. Use I�O form ���� 10
{�ngoing operakions)or its equi�alent.
6} Policy shall indude l�+aiverof Right ka Reo�v�r from�th�rs endorsement_
7) Policy shall indude cancellatian and material change endorsement providin�
thirty{3U�days advanoe written n�tioe of cancellation, nan-renewal, reduction in
insurance co+�erage and�or limits and ten (10)days written notioe of nan-paymenk
af premium shall be sent ta: �ity of Qubuque Finance Department, �0 tiNest 13th
�treet�ubuque, lo�va 5�0�1_
B) fNORKER�' GOMPEN�A710N � EMPLOYER� LI1I�ILITY
�tatutory Benefits o��+enng all employees injured on the job by acei�ent or disease as
prescnbed by I�+,va Code�hapter 85_
�overa�e A �takutiary�tat�af lowa
�overa�e B Employers Liability
Each Accident $1��,000
Each Employee-Qisease $100,��70
Policy Limik-Disease $500,�00
P�licy shall include 1�faiver af Righk to R�cover from �thers endorsem�nt.
�overa�e B limiks shall be greater 'rf required by the umbr�lla�excess insurer_
OR
If, by lavaa �ade �ection 8�_1A, the �lendar is no�required �o purehase Warkers'
�ompensakian Insuranoe_the Vendor shall hav�a co�y of the �late's Non�lectian of
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Page 193 of 2490
1�+orkers'Compensation or Employers' Lia6ility Coverage form on file with the lowa
I�h+orkers'�ompensation Insurance�ommissioner,as required by lowa Code�eclion
87.��. �ampleted farm must he altached_
INSURAN�E ��HEDULE � (�vntinued)
C) POLLUTION LIABILIIY
�overage required: ❑1`es ❑`� hJa
Pallukion liabilily coverage shall be required if khe lessee_ contracting party, or permittee
has any pollution exposure for abatement of hazardaus or oontaminated materials
including_ but not limited ko_ pekroleum products, the remaval of lead, asbestas_or P�Bs_
Pallukian product and campleked aperations coverage shall also he covered.
Each Oocurrence $�,400,OcJ�
PalicY�99regate $4,400,00�
1) Polic}+ta include jab site and transportation coverage_
�) Ind�ude additianal insured far:
The City of Dubuque, including all its elected and appoinked afficials, all its
employees and volunteers, all iks baards, oommissions andlar aukhorities and
their board members, emplo}+ees and volunteers_ Use I�O farm ���0 10.
{Ongoing operakians)or its equivalent and �� �0 37(oompeked operations)_
3) I�rdude Preservation af�overnmental Immunikies Endorsemerrt_
4) Provide evidenoe of�average for�years after completion af project.
�) Indude endorsement indicating khat coverage is primary and non-oontributory.
6) Polic}+ shall include waiver of righk ko recovery from okhers endorsemenk_
U) PROFE��I�FJAL LIABILIIY �1,400,000
�overage required: �Yes L'JNo
If the required policy provides claims-made ooverage:
1) The Retroackive Date must be shown and m�st be before khe dake of the
agreement.
�) Insurance must be maintained and evidence of insurance must he provided for at
least five (�)years after oomplekion of the work or services.
3) If o�verage is cancel�d ar non-renewed and nat replaced with anather claims-
made palic}+form with a Rekroackive Date prior to the date of the agreemerrt, the
contraclor musl provide"extended r�parting"coverage for a minimum of five(�}
years after completion af the work or serrices.
E) CYBER LIABILITYfBREACH �1,400.000
�overage required: Or'es ❑'� hJa
�overage for First and Third Party breach liability including buk not limited to�ost data and
restoratian_ lass of income and cyber breach of information.
F) UMBRELL1yJEXCE�� �1,400,000
�overage required: O1`es ONa
Th��enera� Liabilily, Automobile Liability and Employ�r's Liability Insurance
requirements may be satisfied wikh a combinati�n af primary and Umbrella or Excess
Liability Insurance. If khe Umbr�lla or Exoess Insurance policy daes not follow the form of
the primary policies_ it shall indude the same endarsements as re�uired of khe primary
policies including but not limited to Waiver af�ubrogation and Primary and Non-
oontributary in favor of the �ity.
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Please be aware thak naming khe�ity of Dubuque as an addikional insured as is required by khis
Insurance �chedule may resull in the waiver af the Cit�'s governmental immunilies pro�ided in lowa �ode
sec.670.d. If yau would like to preserve those immunities, please use this endorsementor an equivalent
fam�.
PRE��ER1lATI�N �F ��1lERNMENTAL IMMUNITIE� ENDDRSEMENT
1_ Nanwaiver af Gavernmental Immunilv_The insurer expressly agrees and states that the purchase
of this palicy and the including af the �ily of dubuque_ lawa as an Additianal Insured does not waive any
of the defenses of g�vernmenkal immunity available to tMe�ity of Dubuque, lowa under Code of lawa
�ection 670.d as it naw exists and as it may be amended fram time ta kime.
�_ �laims�averaqe. The insurer further agrees that this policy of insurance shall cover only those
claims nok subject ta the defense of governmental immunity under the�ade of lawa Section 670_4 as it
now exists and as it may 6e amended from time to time.Those claims nat su6ject to�ode af lowa
�ection 670.d shall be covered by khe terms and canditians af this insuranoe policy.
3_ Asserfion of�overnment Ilmmunikv. The �ity of Dubuque, lowa shall be respansible for asserting
any defense of gavernmental immunity, and may do so at any time a�rd shall do so upon the timely written
request af the insurer.
4_ Non-Qenial af�overaqe.The insurer shall not deny aaverage under this palicy and the insurer
shall nak deny any of the rights and benefiks accruing to the �ity of Dubuque, lowa under this palicy for
reasons af gavernmental immunity unless and until a co�rt of campekent jurisdiction has ruled in favar of
the defense(s}of governmental immunity asserted by the�ity of Dubuque, lowa.
hJo Dther�hanqe in Palicy. The above preservation of gavernmental immunities shall nok okherwise
change or alter the caverage available underthe policy.
��� � ��� �
{DEPARTMENT MANAGER: FILL IIV ALL BLANKS AhID CHECK B�XES)
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AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HAWKEYE AREA COMMUNITY ACTION PROGRAM
THIS AGREEMENT dated fior reference purpases the 2nd c{ay af June 2025, is made and
entered into by and �etwe�n the City of Dubuque, lowa {City) and Hawkeye Area Community
Action Program (Agency).
WHEREAS, the City desires to engage the service of Agency to prov�de Volunteer
Income Tax Assista�ce (VITA) program, a free, reliable, and trusted source for preparing tax
returns for eligible �ndividuals and families; and
WHEREAS, the Agency is wil[ing to provide such services to the City upon the terms and
conditions set forth herein.
NOW THEREFORE, the parties hereto agree as follows:
1. Scope of Services
Ag�ncy shall:
a} fur�her the City of Dubuque Goal of Li�able Neighborhoods and Housing: Great
Place to Live;
b} to provide Volunfeer fncome Tax Assistance (VITA) program, a free, reliable, and
trusted source f�r preparing tax returns for eligibls individuals and families;
c) comply wi#h City CounciE goals and �riarities; and
d) support the City's efforts to be a viable, Eivable, and equitable� community, and to
ad�anc� equity and incfusion.
2. City Responsibilities
The City designates its Community Development Specialist, to act as its representafive
with respect ta the work ta bs performeci under this Agreement, and such person shall
have authority to transmit instructions, receive �nformatian, interpret and define fihe City's
policies, and pro�ide decisions in a timely rr�anner pertinent to the work covered by this
Agreement. The City's Community Developm�nt Specialist shall serrre in this role un�il
Agency has been ad�ised in writing by City that such autharity has been re�oked.
City will pro�ide opportuniti�s to demonstrate this support by inviting the Presidenf of the
Board af the Agency and any volunteers working on services covered by this Agreement
to participate in the fallowing �rofessior�al development apportunities and supporting
�ctivit�es:
a) The opportunity to be active and engaged participar�ts in lnclusive Dubuque peer
lEarning opportunities and strategic efforts to ad�ance Diversity, Equity, and
Inclusion;
b) The apportunity to attend intercu�turaf and equity workshops ofFered by the City,
induding trainings that focus on develaping a� intercultural team with a strat�gic
plan for ad�ancing equity and inclusion within the Agency and through the
Agency's work;
Page 1 of 9
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c) Assistance in creating quarterly status repor�s that demons#rate the ways in which
the Agency's e�Forts are ar��ancing equity and inclusion; and
d) Access ta the City's equify taalkit and SMART Goals Worksheet.
3. Time af Performance
The term of this Agre�ment shall be from July 1, 2024 through June 30, 2025 (the"Term"}.
4. Campensation
The City sha![ pay the Agency $70,OOQ as compensation for the services provided by �he
Agency, which payment shalf constitute full and compl�te compensation for such
services.
The compensation shafl be paid upon receipt by the City af a requisition for such sum
from the Agency.
5. Audit and E�aluation
lnasmuch as fhe funds to be provided to th� 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 sup}�ort all
expenditures. The records of the Agency, including payro[I accaunts and other records of
disbursements and recei�ts, and other records relating to the performance of the activities
herein specified, shall be made available far inspection by the City or any certified public
accountant acting on its bei�alf, in order tn ascertain performance and comp[iance of the
Agency under this Agreement. The Agency agrees ta retain such recards for not less than
three (3) years after the end of the Term af this Agreement.
6. Repartinq a�d Monitorinq
Agency shall camply with the City of Dubuque's repor�ing and monifioring requirements
by using the following fink ta submit online reports defiailing Ag�ncy acti�ities related to
the use af City funds pravided to Agency.
The online repor�s sha{I include a performance report on the program{s) supporEed by
City funds and a financia[ report on the use of C�ty funds.
If the Agency has an annual audit performed, the Agency shall pro�ide fhe Ci�y a copy of
the annual audit repart within 60 days of audit completion. The audit shall be submitted
as either an electronic or paper docume�t to the City's Community D�v�lopment
Specialisfi.
8. Discriminatian
]n carrying out the services under this Agreement, Agency shall not discrimina#e against
any employe� or applicant for employment because of race, cre�d, color, sex, age,
national origin, religion, sexual orientation, gender identity, or disability. Agency shall take
affirmative action to ensure that applicants for emplayment are employed and that
�mployees are treated during employment without regard to race, creed, color, sex, age,
national origin, religian, sexual arientation, gender identity, or disability. Such action shall
Page 2 of 9
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include, but not be limited to, the following: �mplayment, upgrading, demotion ortransfer;
recruitment ar recruitment adver�ising; layoff or termination; rates of pay ar oth�r forms of
compensation; and selection for training, including apprentices�ip. Agency assures that
all qualified applicants will receive consEc�eration for emplayment without regard to race,
creed, coior, sex, age, national origin, reiigion, sexual orientafiion, gender identity or
disability.
Agency agrees and will under�ake whate�er affirmative measures are necessary so that
no person shall be excluded from participation in, be deni�d the benefit� of, nor be
subjected to discfimination under any program ar activities funded in whole or i� par�with
any of the funds made available ta Agency under the te�ms of this Agreement because
of race, color, creec[, re]igian, sex, natianal origin, age, sexual orientation, gender id�ntity
or disability.
9. Termin_at�on ofi Agreeme_nt
if, through any cause, the Agency shall fail to fulfill in a timely and proper manner i#s
obligafiions under this Agreement, or if the Agency shall �iolate any of fihe co�enants,
agreements, or stipulations of this Agreement, the City sha[I thereupon have the right to
terminate this Agreement by �iving written notice thereaf to the Agency and specifying
fhe effective date of terminatian, which shall be not less than se�en days fram the date
of the City's written notice to the Agency.
If the Agency shall fail to cure its defaul� to the satisfact�on of the City, in the Ci�y's soEe
and absolute discretion, within such seven-day period, this Agreement shail be deemed
terminafed at the end of such seven-day period withaut fur#her action af either party.
Upon termination of this Agreement, the Agency shall immediately r�turn to the City all
unexpend�d funds and any funds utilized for p�rposes other than stated in this
Agreement.
10. Assiqnability
The Agency shall not assign or transfer any interest in this Agreement withaut the prior
written approval af t�e City.
11_ Acknow[edgement
The Agency will acknowledge the City's financial sup�ort in apprapriate signage, program
materials, publicity, advertising activities, websites, and other o�line media pertaining to
this Agreement and the work performed with funds f�om this Agreement. Recognition
guide[ines are located at: https:llwww.cifyofdubuque.orq12805/Fundinq-Recoqnition. The
Agency will provide e�idence of such acknowfedgement as an addendum to th� Final
Report.
12. Conflict of Interest
No member, officer, or employee of the City, its designees, or its agents, nar any member
of the Dubuque City Council nor other public official af t�e City who �x�rcises any functian
or respansibility with resp�ct to the program assisted under this Agreement during such
person's tenure, may have any direct or indirect interest in this Agreement, the proceeds
Page 3 of 9
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fram this Agreem�nt, or work perfarmed in connection with the program assisted under
this Agreement.
13. Insurance
At the time of executian of this Agreement by Agency, Agency shall provide City capies
of Agency's insurance certificates showing compliance with the insurance requirements
of Insurance 5ch�dule G, included as Attachment A.
14. Miscellaneous
14.1 Forbearar�ce No� a Waiver- Ri hts and Remedies Cumulati�e. No delay by the City in
ex�rcising any right or r�medy pro�ided herein, or otherw�se afford�d by law or in equity, shall
be deemed a wai�er or atherwise preclud� the exercise of suc� right or remedy, and no waiver
by the City of any particular pro�isian of this Agreement shall be deemed effective unless in
writing and signed by the City. A]I rights and remedies pro�ided for herein ar which the City may
have otherwise, at [aw or in equity, shall be distinct, separa#e, and cumulatEve and may be
exercised concurrently, independent{y, or successively in any order whatsoever, as often as the
occasion therefor arises.
�4.2 Se�erabilitv. �n the event any pra�isian of this Agreement shall, for any reason, be held
by a court of competent�urisdicfion to be invalid, il[egal, or unenforc�able, whether in whole or
in part, the remaining provisions hereof shall not be affec�ed thereby and shall cantinue to be
valid and enforceable. If, for any reason, a courfi of com�etentjurisdiction finds that any provision
of this Agr�ement is in�alid, illegal, or unenfarceable as written, but that by limiting such pro�ision
it would become valid, legal, and enforceable, then such provision shall be deemed to be writt�n,
construed, and enforced as so limitet[.
14.3 Successors and Assi ns Bound� Number� Gender• A ents� Ca tions and Headin s. The
rights, covenants, and agreements contained herein shall be binding upan and inure �a the
beneft of the respective legal representati��s, succ�ssors, and permitted assigns of the parties.
Wards and phrases contained E�erein, including the acknowledgm�nts hereof, shal! be cnnstrued
as in the singular or pl�ral number, ar�d as masculine, feminine, or neuter gend�r, according ta
the contexts. The captians and headings af the s�ction and paragraphs of this Agreement are
for con�enience only and are no� intended to be used to interpret or enforc� the pravisians
hereof.
14.4 Governing Law;�Venue. This Agre�ment is entered into under and pursuant to, and is to
be constru�d and �nforced in accordance with, the laws of the State of lawa, without regard to
its conflict af laws principles. Venue for any action arising out of this Agreement shall be in the
lowa District Court for Dubuque County, lowa or the Fede�ral District Cou� for the Northern
District of lowa, Eastern Di�ision, and the parties hereby irrevocably consent to the jurisdiction
of such courts.
14.5 Count�rparts; Facsimile and Electronic 5ignatures. This Agreement may be executed in
counterpar�s, each af which shall constitUte an original, and all of which fogether shall constitute
ane and the same documenf. This Agreement may be �lectronically executed by the par�ies and
transmitted by facsimile or electronic transmissian, and if so executed and transmitted, shali be
effective as if the parties had delivered an executed original of this Agreement.
Page 4 0#9
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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 Hawkeye Area Community Action Program
Attn: Community Development Specialist Attn: Chief Executive Officer
350 W 6th Street, Suite 312 220 W 7th St
Dubuque, IA 52001 Dubuque, IA 52001
mdeutsch(c�cityofdubugue.orq idrapeaux(d-)HACAP.ORG
CITY OF DUBUQUE, IOWA HAWKEYE AREA COMMUNITY ACTION PROGRAM
Brad M. Cavan , Mayor J ` e Drapeaux, Chief Ex cutive Officer
Witness:
Adrienne Breitfelder, City Clerk
Page 5 of 9
ATTACHMENT A
City of Dubuque Insuranee Requirements for Vendors (Sup�liers, Serviee Providers}
INSUkANCE SCHEDULE G
1_ Vendor s�rall furnish�signed certifcate oT insuran�e to the City oT Dubuque. lowa for the
caverage required in Exhibit I priar to the contract cammencer�ent. Eacl� certifcate shall be
preparad or,t�se most current ACORL?form approved by the lo�.va ]nsurance Division ar an
equivalent. Each certificate shall ir�elude a statement ursder Description of O�erations as to why
thc C2t-IIfICc'3�@ W1S ESSlJ9d. Vendo�Service Agreement dated:,��ne�..�o�........ .....................................
2. All poiicies of ins�ra�ce requir�c€ hereunder shall be vrith an insurer authorized to do business in
lowa �nd all insurers shali have a rating ot A or better in the current A.M. Best's Rating Guide_
3. Each cert�cate shal! be€�rnished to the Finance Department of ihe City oi Dubuque.
4. �he service prouider shall be required to earry the minimuni coveragellimits, ar greater if r�quired
by law or other legal agreement, in Ex�ibit I. Fail�re to provide the req�ired minimum coverage
shall not be deemed a waiuer of such requirements by t}�e City of D�b�que.
b. Faii�re fo obtain or maintain the requirad insurance shall be considered a maferial breact�of this
agreement.
6. All required endorsements shall be attached to the cer�ifieate. The certificale is due hefore ti�e
contracUagreement can be appraved_
7. Wheneve�a specifc lS�torm is referenced the current edition of the fa�m must be used unless
an eq�ivalent forrrs is approved by tf�e Director or Finance and Sudget.The sen�ice�rovider rnust
identi'ry or iist in wr�ting all c€eviations and �xclusions frarn the ISO form.
8. If vendor's limits of fiabiliry are hig�erthai�the required rnini:num limits then the�endor's limits
si�all be this agreement's required lirnits.
9. V2ndor s�alf require all subcontractors and �ub-s�rbcontractors to ot�tain and r�iaintain during the
per€ormarsce of Nork irrsurance for th� coverages c�escribed in this lnsurance Schedule and sha11
obta'sR certificates of insurance from all such suucarttractors ar�d sub-subcantractors. Vendor
agrees that it shall be fiable for the failure of a subcontractor and svb-sui�cantractor to obtain and
n�ain#ain s�ch coverage. The Ciry inay request a capy of such certifcates fron�t�e Vendor.
14. Vendor s�rall be responsible�or ded�ctiblesfseff-insured retention�or payment of all palicy
premi�n�s and other costs associated with the insLrrance palic'ses rec{uired belovw.
11. Ali c2rtiiicates of insurance m�st incl�tde agents r�ame, phone number, and email address.
12. Tt�e City of Dubuque reser�es the right io require complete, cQrtified �opies of al[ required
insurar�ce �oEicies, including endorsen�ents. required by this Schedule aY any time.
13. Ti�e City of Dubuq�se reserves the right io modify these requir�ments, incl�ding limits, based on
c�anges in the risk or other special circun�sta�ces t4uring the terr�� of the agreement, subject ta
written n�utual agreament attached hereto.
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INSURANCE SCHEDULE G �con#inued)
EXHIBIT I
A) COMM�RCIAL GENERAL LIABIL[TY
Gen�ra!Aggregate Lin�it �2;OOD,bOC3
Products-�ornpleted Operations Agqregate Limit �1;000,000
Persona] and Advertising Inj�ry Li�z�it �1,000,400
Each Occurrer�ce �1,000,40Q
Fire�amage Limi�(any ane occu�ence) S50,OOQ
Medical Payments S5,�Q0
1) Coverage s�a!! be written on an oec�rrence; not claims made,form. Ttie generai
liability co�erage shalf be written in accord wit� ISO�orrrs CG 00 01 or business
awners farrn BP 00 02. All deviations frdrr►the stand�rd ISO cornmercia] general
liabilityfarm CG OQ 0�, or B�sinsss o��r�ners forrr� BP 00 02, shall �ie clearly
identified.
2J lnclude iS0 endors�ment farrn �G 25 04"Design�ted Location(s}General
Aggrega#e Linzit."
3) lnclude endarsement indicating that coverage is prin�ry and non-contributory.
4) lnclude Preser�ration oi Gavernrnenta! Immunities Endarsament(Sarnple
attached).
�) Ene[ude additional irts�red endarsement�or:
The City of Dubuc{ue; including afl i�s elected and appointed officials, all its
ernpfoyees and�o6untaers, a{I its boards, commissions andlor authorities and
their board members, empla}�ees and vol�nieers. Use ISO form CG 20 1fl
�O�going operationsj ar its equivalent.
6) Policy shaf{ incluc�e Waiver afi Right to Recover#ram Others endorsement_
7) Policy shaEl induds eancel3ation and materiaE cE�ange enc�orsement pro�iding
thirty(30j days advancs written notice of cancellaFion, nor�-renevval, reduction in
insurance coverage andlor limits and ten (10) days vrritten notice of non-payniant
o€premi�m shall be sent to: City of D�ibuque Finance Dep�rtrnent, 5�West 13th
Street Dubuque, Io�Na 52�01_
BJ WORKERS' GOMPENSATION �EMPLQYERS LIABILITY
Statuiory Benefits cover�ng aEl smpl4y�es injured o�the job by accident or disease as
prescrihed by lawa Code Chapter 85.
Co�erage;� Stat�ory—�tate af lowa
Co�erage S Empiaysrs Liab'slity
Each Aecident 5100,�00
Each Es�ploye�Disease S10U,OQ0
Policy Limit-Disease 5500,Q00
Policy shall include Wai�er of Righi�o Reco�er from Dthers endorsement.
Co�erage B limi#s shall be greater if rQquired by the umbrellal�XC8S5 InSUf@T.
��
lf, by lowa Code 5ection 8�.iA; the Vendor is not required to puref�ase workers'
Corr�pensatio�i lns�rance,the Vendor shall have a cnpy of khe State's Nonefection of
Page7of9
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Worfcers`Cpmpensation or Empioyers'Lia6ility Coverage forrr3 on fle with the lowa
Workers�Cornpensation Insurance Commissioner,as required by low2 Code Seclion
8722. Compl�ted fom�m�st be attached.
INSURANCE SCHEDULE G (con�inued)
C) PO�LUTtO�L[ABfl.1TY
Coverags required: DYes �Ne
Pollutian iiabi[ity ca�rerage shall be requirec�i€ihe�essee, contracting party,ar permii#ee
has any pollution exposure for abater�lent of hazardous or contar�linated materials
includin�, but noi limited to, pevaleum products,the r�maval of iead,asbes#os, ar PCBs_
Poflution product and completed operatiar€s cav�rage sha11 afso be covered.
Each Occurrence �2,000,OQ0
Policy Aggregate �4.00Q,000
1} Policy ta include jab site and transportatian coverage.
2) Inelude a�dibonal insured for.
The City af�ubuqu�, inefuding all its elected anci appoirrted offic'sals;all its
em�Eoyees and volunteers, all i#s boar�s, comnlissior�s ant�lor ae�t�sorities and
their hoard m�mbers, en�ployees and�olunteers. Use IS�forrrE CG 2D iQ.
(Ongoing operations)ar its equi�aEent and C�G 20 37(competed aperations)_
3) Indude Preservatios�af Govemmental Immunities Endarsement.
4) Pro�ide evidence af coverage far 5 years after completion o'f project.
�) Inelude endorsement indicating that covera�e is priniary and non-conVibutary.
6) i�olicy shalf inelude waiver of rigint to rscovery irom others endossemeni.
D� PROFESSEOrlAL LIABILiIY �1,D04,000
�av�rage required: OYes 0�Ja
]f the r�quired policy provides cEaims-made coverage:
1) The Retroacti�e Date must be s�rown and niust be before the date o#the
agreement.
2} Insurance must be maintained and evidence uf insurance must be pro�ided for at
�east five(5)years after con�pietion of t��e work or services,
3) If caverage is car�ce�ed or nan-r�ne��ed and not replaced with ar�oti-�er cla9ms-
rnade policy form urith a Retroactiue Qate pnor to the date o€the agreement,the
contracior must prowide"extended repotting"�overage for a minimum o€five(5}
years after campletion oi the�vorEc or services.
E} CYBER LlABILITYlBREACH �1:OOO,QQO
Coverage required: ��es 0��Jo
Coverage for First and Third Party breacl�liability inc�uc€ing 6ut not limited to lost data and
rest�ratian. loss of income and cyber bre�ch 4f i�formation.
FJ UMBRELLAIEXCESS �1,000,�0�
Coverage req�ired: �Yes �FJo
The Genera! Liability, A�toma�ile Liability and Employer's Liability Insurance
requirem�r�ts rnay b�satis�ied vrith a conzbination of primary ar�d Umbralla or Excess
Riability Insurance. If the l�mbre�la or�xcess Insurance policy does not follow the form of
ihe prin�ary policies, it shal[ includ2 the same sndorseme�ts as required of#he prirr�ary
policies including but not limit�d tcr W�iver af�ui�rog�tiafl�rnd Primary ar�c� ��Jon-
co�tnbutory in favor of t�e City.
Page 8 of 9
Page 203 of 2490
Please be aware that namin�the City of Qubuqe�e as an additional insured as is req�ired by this
I�suranc�Schedule may resu!!in th�waiver oi the City's governmenta!irr�rnuniti�s provided in Eowa Code
sec.870.�. I€you would like to preserve those immunities, �iease use this endorsement or an equivalent
famz.
PRESERVATION aF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1_ �Jonwaiver of Go�ernmental Irt-imunitv_ The insurer ex�ressfy agrees anci states that the p�rchase
o€this poliey and the induding of the C4ty of Dubuque: larva as an Additional Insured does not waive any
of the defenses af governme�tal irnmuniEy auailable to the City of D�buque, lowa under Cade of lawa
Section fi70.�as it naw exists and as it may be amer�ded from tin�e to time.
2. Clain�s Gouera�e.�he insurer further agrees that t�is policy of insurance sha�l cover only those
cfaims not sul�ject to the defense of gavernrnental irnmunity�nder tt�e Code of lawa Section 670_4 as it
no�ra exists and as it rnay be amencied from time ta time.Thase clairt�s not s�,bject to Cocle af lowa
Section�70.4 shafl be covered hy�e terms and conditions af this insurance�olicy.
3. Assertion of GoverrimenE Immunitv.The City of Dubuque, lowa shal{be responsible for asserting
any defense oT govemmental imsnunity;and rnay do sa at any time and shall do so upon the tir�ely written
request o€the insursr.
4. FJon-Deniai of Co�era e.The inse�rer shall not c4eny caverage untSer this policy and the insurer
shall nat deny any of the rights and bene�its aceruing 4o the City of D�buque, lov�ra under this policy#or
reasans of ga�emn�ental immunity unless and until a court of campetent jr�risdiction has ruled in€avor of
the dzfense(s 1 of governmentsl imm��ni#y assert�d by the Ciry of Dubuque: lowa.
h!o Ckher Chan�e in Policv. The above presen+ation o#governmenial imni�nities shall no#otherNise
change or:�Iter the covsrage available u�der the palicy.
� ��� ����
([�EPARTMEt��MANAGER: FILL IN ALL BLANKS AE�D CHECK BQXES)
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