Signed Contract_Independent Contractor Agreement with Fowler Public Sector Consulting LLCCity of Dubuque
City Council
ITEM TITLE:
SUMMARY:
SUGGUESTED
DISPOSITION:
ATTACHMENTS:
Copyrighted
July 21, 2025
CONSENT ITEMS # 7.
Signed Contract(s)
Independent Contractor Agreement with Fowler Public Sector
Consulting LLC; Vendor Service Agreement with Wenzel
Towing.
Receive and File
1. 25_06_26 Fowler Consulting Housing Director Contract Signed
2. 25_07_08 FY2026 FY2028 Signed Tow Contract (15)
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Independent Contractor Agreement
THIS INDEPENDENT CONTRACTOR AGREEMENT (this "Agreement") is made and
entered into, as of June 30, 2025 by and between the City of Dubuque, Iowa, a municipal
Iowa corporation having its principal place of business at 50 W 13t" Street, Dubuque, IA
52001 (the "City"), and Fowler Public Sector Consulting LLC, an Iowa limited liability
company having its principal place of business at 3482 Raven Lane NE, Cedar Rapids,
IA 52402 (the "Contractor").
WHEREAS, the City is a municipal corporation charged with the provision of essential
and general corporate purposes as outlined in Iowa Code §384.24.
WHEREAS, the Contractor is in the business of providing consulting services, and has
the requisite skills, professional license(s), and experience to perform such services.
WHEREAS, the City desires to enter into an independent contractor relationship with
Contractor, and Contractor desires to render services described below for the City on an
independent contractor basis, pursuant to the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the promises and the mutual covenants herein
contained, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, City and Contractor (collectively, the "Parties") hereby agree as follows:
1. Agreement for Services. Subject to the terms and conditions of this Agreement,
City hereby retains Contractor to provide the City with the following services:
a. Provide department manager supervision to Housing & Community
Development staff. This includes providing day-to-day direction and
management of activity, performance management, approval of administrative
requests (including but not limited to timesheets, leave requests, salary
increases, employee hires), and respond to resident requests and complaints.
b. Ensure Compliance with all federal regulations, direct use of funds, report to
federal agencies, underwrite loans, develop administrative plans, and HUD -
required community engagement .
c. In partnership with the City Manager's Office, the Human Resources
Department, and the Finance Department, complete a departmental review to
analyze current organizational chart, job descriptions, and personnel
compliment/budget. Make recommendations for change and begin
implementation as appropriate.
d. Implement recommendations of the Housing & Community Development
Department workplace culture audit as requested by the City Manager, and in
partnership with above -referenced departments.
and Contractor hereby accepts such engagement. City has entered into this Agreement
with Contractor because of the unique skills and experience of Contractor's principal,
Sandra Fowler ("Fowler"); therefore, Contractor agrees all services shall be personally
provided by Fowler.
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2. Duration, Indemnification and Notice. This Agreement shall become effective
July 1, 2025, and shall continue through September 30, 2025. The City and the
Contractor may extend the term of this Agreement thereafter by written mutual
agreement.
To the extent permitted by law, each Party shall fully defend, indemnify and hold harmless
the other Party and its officers, directors, employees, agents, representatives, successors
and assigns (collectively, "Indemnified Parties") from any and all claims, demands,
causes of actions, costs, expenses, liability, losses, or damages including attorney's fees
and expenses ("Claims"), whether in law or in equity, for bodily injury, death or property
damage arising out of, relating to or caused by, in whole or part, the negligence, errors,
omissions or willful misconduct of the indemnifying party or its officials, officers,
employees, subcontractors, consultants or agents, relating to or connected with
performance under this Agreement, unless Claims are caused wholly by the sole
negligence or willful misconduct of the Indemnified Parties.
A Party's indemnity obligations under this Section are contingent upon the indemnified
party: a) promptly notifying indemnifying party of each claim; provided, however, that the
indemnified Party's failure to give prompt notice to the indemnifying party of any such
claim shall not relieve the indemnified party of any obligation under this Section except
and to the extent that such failure materially prejudices the indemnifying party's ability to
defend against such claim; b) providing the indemnifying party with sole control over the
defense and/or settlement thereof, provided however, that indemnifying party shall not
settle any claim that includes an admission of wrongdoing by indemnified parties or
otherwise adversely affects indemnified parties' interests without prior consent; and c) at
the indemnifying party's request and expense, providing full information and reasonable
assistance to the indemnifying party with respect to such claim.
Either party may terminate this agreement by giving written notice of said termination to
the other party.
3. Compensation. City shall pay Contractor the gross amount of $3,000 (three
thousand dollars) per calendar week, in exchange for which Contractor will work the
equivalent of three (3) business days (24 (twenty-four) hours) per calendar week.
Contractor shall appear in person and work at least two (2) such days at the City's offices
during the working hours of 7.00 a.m. to 6.00 p.m. The remaining equivalent of one (1)
business day may be worked remotely and apportioned on days as best suited to serve
the needs of the City and Contractor.
Should Contractor be required to work more than three business days in any single
calendar week, such additional time shall be billed at $125 per hour. Any such work
beyond the base amount shall only be performed if authorized by City and agreed to by
Contractor, confirmed in writing. Emails between Contractor and City's designated
authority shall be sufficient to establish authorization and agreement to perform additional
work.
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All sums shall be billed monthly by Contractor and paid upon receipt.
Consultant shall pay all taxes incurred while performing services under this Agreement,
including all applicable state and federal income taxes and, if Contractor is not a
corporation, self-employment (Social Security) taxes. The City shall not withhold FICA
(Social Security and Medicare) taxes, state income taxes, or federal income taxes from
payments to Contractor. The City shall not make FICA payments for or on behalf of
Contractor.
The City agrees to provide Contractor with access to its technology systems as necessary
to perform Contractor's duties under this Agreement. Contractor shall be responsible for
all expenses incurred while performing services under this Agreement, including mileage,
vehicle expenses, insurance premiums, including liability insurance, cell phone expenses,
and internet expenses.
4. Independent Contractor Status. Contractor is an independent contractor.
Contractor is not, nor shall be deemed, the City's employee. In Contractor's capacity as
an independent contractor, Contractor agrees and represents, and the City agrees, as
follows:
a. Contractor has the right to perform services for others during the term of
this Agreement.
b. Contractor has the sole right to control and direct the means, manner, and
method by which the services required by this Agreement subject to the
terms of this Agreement including but not limited to the requirements of the
City's operating hours and scheduled meetings.
c. Contractor shall not receive any training from the City in the professional
skills necessary to perform the services required by this Agreement.
5. Compliance with Federal, State, and Local Laws. Contractor represents and
warrants that Contractor will comply with all federal, state, and local laws, including any
licenses, permits, or certificates required to carry out the services to be performed under
this Agreement.
6. Unemployment Compensation. The City shall make no state or federal
unemployment compensation payments on behalf of Contractor, Contractor's employees,
or contract personnel hired by Contractor. Contractor, Contractor's employees, and
contract personnel shall not be entitled to unemployment compensation benefits in
connection with work performed under this Agreement.
7. Insurance. The City shall not obtain workers' compensation insurance on behalf
of Contractor. During the term of this Agreement, Contractor will maintain the following
minimum insurance coverages and provide Certificates of Insurance to the City upon
request:
a. Professional Liability $1,000,000 aggregate
Contractor shall provide proof of automobile liability insurance coverage to the City,
together with limits reasonably acceptable to the City. By providing such proof to the City,
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Contractor represents and warrants that Fowler is an authorized driver under such policy
and shall remain so authorized for the duration of this Agreement.
THE PARTIES PROVIDE APPROVAL TO PROCEED and this Agreement to be
executed as indicated below.
CITY OF DUBUQ�E�^
By: Michael C. Van Milligan, amity Manager
Date
06/26/2025
FOWLER PUBLIC SECTOR CONSULTING LLC Date
07/08/2025
By: Sandra (Sandi) Fowler, Authorized Representative
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