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Approving a Contract with Dubuque Main Street Providing Funds for its SWAP Grant ProgramCity of Dubuque City Council /_[QIfQ►III=1iy 6RIE A Copyrighted October 20, 2025 ITEM TITLE: Approving a Contract with Dubuque Main Street Providing Funds for its SWAP Grant Program SUMMARY: City Manager recommending City Council approval of the attached contract committing $60,000 to Dubuque Main Street for the continuation of its SWAP Grant Program. RESOLUTION Approving A Grant Administration Agreement With Dubuque Main Street, Ltd. To Administer The Swap Grant Program, Including City Funding SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. Staff Memo 3. Agreement 4. Resolution of Approval Page 788 of 817 THE C Dubuque DUj!BQTE AIFAWca Ciq rw ni I Masterpiece on the Mississippi � pp 20°2.2° 13 Zd17*7*2Q19 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approving a Contract with Dubuque Main Street Providing Funds for its SWAP Grant Program DATE: October 16, 2025 Economic Development Director Jill Connors is recommending City Council approval of the attached contract committing $60,000 to Dubuque Main Street for the continuation of its SWAP Grant Program. For several years implementation of the Central Avenue redevelopment plan has been a City Council priority. Dubuque Main Street has a grant program (SWAP Grant) that provides matching funds to storefront redevelopment projects, up to $10,000 per project, covering costs associated with interior remodels or renovations. The initial funding came from County ARPA funds that were awarded to Dubuque Main Street in 2022. To date, the program has supported 13 projects; with $130,000 leveraging over $1,200,000 of other private and public funds, the program is having a 10:1 impact on these projects. In the final 2025 round, Dubuque Main Street received 12 applications for the remaining funds, demonstrating a significant need and desire for these funds by the private sector. 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 Jill Connors, Economic Development Director Page 789 of 817 Dubuque THE CITY OF All -Americo Cigl MIX 1Wlf. CT7�: f.l i"F�11: UB E ' I I�' 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org SUBJECT: Approving a Contract with Dubuque Main Street Providing Funds for its SWAP Grant Program DATE: October 14, 2025 INTRODUCTION This memorandum requests approval to utilize funds previously approved for downtown redevelopment purposes to provide funding for Dubuque Main Street's Downtown SWAP Grant program including administrative costs. BACKGROUND As part of the FY25 budget, City Council approved Capital Improvement Project 5559900002-305-64075 (Incremental Development and Small Business Storefront Establishment Coaching in the amount of $150,000). The purpose was to support downtown storefront redevelopment in order to promote the success of small businesses, building owners, and the vitality of our downtown. DISCUSSION The City has already contracted with Neighborhood Evolution for $12,000 to provide group and one-on-one coaching to individuals interested in small-scale development. This leaves a substantial balance in the fund for related work. Dubuque Main Street has a grant program (SWAP Grant) that provides matching funds to storefront redevelopment projects, up to $10,000 per project, covering costs associated with interior remodels or renovations. The initial funding came from County ARPA funds that were awarded to Dubuque Main Street in 2022. To date, the program has supported 13 projects; with $130,000 leveraging over $1,200,000 of other private and public funds, the program is having a 10:1 impact on these projects. In the final 2025 round, Dubuque Page 790 of 817 Main Street received 12 applications for the remaining funds, demonstrating a significant need and desire for these funds by the private sector. This is the type of program that our office would propose to undertake. To avoid duplication of services, I propose that we provide funding to Dubuque Main Street to continue its SWAP Grant program, which has recently depleted its program funds — only able to fund 3 of the recent 12 applications. I believe funding for 5 projects ($50,000) and a 20% administrative fee ($10,000) is appropriate at this time, to be reevaluated at a future date to consider additional funding. To align with the City Council's 2025-2027 High Priority of "Continued Implementation of Central Avenue Revitalization Plan," we will require Dubuque Main Street to award additional points to projects along the Central Avenue Corridor when scoring applications. BUDGET IMPACT No budget impact, as funds have already been allocated for this purpose, with an adequate balance in the fund to support this request. RECOMMENDATION respectfully request approval of the attached contract committing $60,000 to Dubuque Main Street for the continuation of its SWAP Grant Program. This aligns with several of the City Council's Goals (1. Financially Responsible, High -Performance City Organization: Sustainable and Effective Service Delivery; 2. Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity; and 3. Livable Neighborhoods and Housing: Great Place to Live). 2 Page 791 of 817 GRANT ADMINISTRATION AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE MAIN STREET, LTD. THIS AGREEMENT, dated for reference purposes the day of r(kk0(- 2025, by and between the City of Dubuque, Iowa (City) and Dubuque Main Street, Ltd., an Iowa non-profit corporation (Agency). WHEREAS, the City Council of the funding for "Incremental Development an( Coaching"; and City of Dubuque has previously budgeted Small Business Storefront Establishment WHEREAS, City desires to dedicate grant funding for downtown storefront redevelopment; and WHEREAS, City staff have determined it is necessary to partner with an organization for the administration of such grant support; and WHEREAS, Agency administers a SWAP Grant Program (the Program) to provide grant support for downtown storefront redevelopment; and WHEREAS, City staff have identified Agency as an appropriate organization to facilitate the administration of City funds for the Program. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1. SCOPE OF SERVICE. 1.1 Agency shall accept applications for the Program funds (Applications) as described in Exhibit A. 1.2 Applications for projects eligible under the Program (Projects) will be scored using a standard rubric. 1.3 In its scoring rubric, Agency shall give preferential consideration to Applications for projects located on Central Avenue between 11 th Street and 22nd Street. 1.4 Agency shall ensure each Project complies with the requirements of the Program as described in Exhibit B. 1.5 Agency shall disburse at City's sole discretion up to Ten Thousand Dollars ($10,000.00) to Candidates per the Program requirements upon certificate of occupancy of the eligible Project. 1 10162025bal 1.6 Agency shall keep records of all Applications and eligible expenses paid from any and all funding committed in this Agreement (the Funds). 1.7 Agency shall maintain all records of receipt of and payment of the Funds for a period five (5) years after the close out of the fiscal year and deliver such records to City upon written request from City. SECTION 2. CITY RESPONSIBILITIES. City designates the Economic Development Director to act as its representative with respect to the services to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the services covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. SECTION 3. TIME OF PERFORMANCE. This Agreement shall take effect upon execution by both parties (the Effective Date). The Term of this Agreement shall be from the Effective Date through June 30, 2026 unless City provides a written extension. SECTION 4. COMPENSATION 4.1 City shall pay Agency an amount not to exceed Five Thousand Dollars ($5,000.00) as compensation for the services provided by Agency as listed in Section 1 upon execution of this Agreement and within ten (10) days of receipt by City of the invoice. 4.2 City shall pay Agency an amount not to exceed Eleven Thousand Dollars ($11,000.00) as compensation for the services provided by Agency as listed in Section 1 for each approved Application, up to a maximum of Five (5) Applications, which payment shall constitute full and complete compensation for such services. 4.2 Compensation shall also be paid by City to Agency upon receipt of an invoice identifying an approved Application information within ten (10) days of receipt by City of the invoice. SECTION 5. AUDIT AND EVALUATION. Inasmuch as the funds to be provided to Agency by City are public funds, Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. SECTION 6. REPORTING AND MONITORING. Page 793 of 817 6.1 Agency shall provide to the Economic Development Director a report detailing its activities related to the use of the Funds. Such report shall include a performance report on the program(s) supported by the Funds and a financial report on the use of the Funds, which shall be rendered no later than June 30, 2026. 6.2 If Agency has an annual audit performed, Agency shall provide City with a copy of the annual audit report within ninety (90) days of the end of Agency's fiscal year. SECTION 7. LEGAL COMPLIANCE. Agency is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Agency's obligations under this Agreement, including but not limited to the laws outlined in Exhibit C, and hereby represents and warrants that Agency is in compliance with the same as of the Effective Date and further represents that during the Term Agency will remain in compliance. Agency shall require all contractors and subcontractors providing services under this -Agreement to also certify compliance with this Section. SECTION 8. TERMINATION OF AGREEMENT. 8.1 If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Agency of such termination and specifying the effective date thereof which shall be not less than thirty (30) days before the effective date of such termination. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such thirty -day period, this Agreement shall be deemed terminated at the end of such thirty -day period without further action of either party. 8.2 Upon termination of this Agreement, Agency shall return to City all unexpended Funds and/or any Funds utilized for purposes other than stated in this Agreement. SECTION 9. ASSIGNABILITY. Agency shall not assign any interest in this Agreement without the prior written approval of City in City's sole discretion. SECTION 10. 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 Exhibit D. CITY OF DUBUQUE, IOWA DUBUQUE MAIN STREET, LTD. P PPA, 00 OF !I. Michael C. Van Milligen David Barba, Executive Director Page 795 of 817 EXHIBITS EXHIBIT A Application EXHIBIT B Program Requirements EXHIBIT C Legal Compliance EXHIBIT D Insurance Schedule G Page 796 of 817 EXHIBIT A APPLICATION Page 797 of 817 MAN STREET Dubuque Main Street& Dubuque County Swap Grant Prograrn Grantftiplication AppllcanVs Name Mailing Address Telephone (Cell H0111e) (Work) Project, Does The applicant own the building? Yes N. 0 If no, who owns the buf1ding? Please include a letter of atipport from the properly owner: Owner's Contact Info Estimated Project Cost: Funds Requested: It .is understood Hiat the Applicant will be in good standing and aclively support and/or parff-cipate in th a prograrns, and actiVifies of Dubuque Main 311reet. Thu undersigned applicant affirms that Hie infoirmahon submitted herein is true and accurate to the best of my (our) kniWedge, I (we) have read and understand the conditions of the Dubuque Main StreetOubuque County Swap Grant Program and agree to abide by its conditluns and guidelines. Signature of Applicant Date Signature of Applicant Date Refum application, Noiect Description; Budget, Rendering or DwAting; Impact Statement to-. Oubuque Main Street a dbarba@chub, giiepi�firiafreet.orcI For more intbunalion: 563.5BBA400, or dbarha2gubuguernalystreeLorg Applications will be accepted until all pragram funds are disbursed. 7 10:162025bal Page 798 of 817 EXHIBIT B PROGRAM REQUIREMENTS 0 10152025bal Page 799 of 817 1) U 6 to 0 U 4 MAIN STREET Uubuque Main Street& Dub uque County SWAP Grant Program :It is the intent of the Dubuque Main Street (DMS)arLd Dubuque County to provide financial inceatives to property umers and businesses to asoist them in reatDring and rehabilitating the Interior of their property. Applicants must ho'Business Investors in the DM S organIzatlon, Objectives: The primary objective of the DMS & Dubuque County SWAP Grant Program is to revitalize properti" in downtown Dubuque by preserving and restoring existing buildings. GuWelines: The grant can equal but not. exceed 50 percent (1.1 match) of the total project. cast Multiple projecla may be granted from this pact] with a minimura award of $2,QQQ and a maximum of $10,000 for each grantee. The DNIS Economic Vitality Committee will carefully examine applIcallons to determine which project(s) will most contribute to the overall quality of downtown Dubuque, and award dollars accordingly. DMS & Dubuque;County SWAP Grant Prograrn will provide lezhnical assistance along with a grant to building owners that meet the folknuing guidelines', The grant pragram will be administered by DMS. The Ecc nornic Vitality Committee will determine. effoibility and make recommendations In the Executive Committee for final approval of the grant. ■ Selection to Participate In the progra rn will be based u pon the applicant's consistency with the goals of the Economic Vitality Committee and upon commitment to proceed with. the building impravements. 41 Applicants must submil. a DIMS & Dubuque0ounty SWAP Grant Program Application, along with cost estimates from a contractor, detailing the WGFRAa be done. Applications will be accepted until all funds are distributed. Incomplete applications will be returned with. a list of the missing or Incomplete iftforrnation. Work is expected to to completed and bills submitted within 18 months: of the, grant award date. A complete copy of bills from expenses relating ho the project must be presented to the Economic Vitality Cornmiftee before the grant money will be awarded. The a mount of the grant may be adjusled if the actual cost is kwier than the estimated cost A final inspection of the project by the Economic Vitality Committee %WJ be conducted before the grant payment is issued. Any devindorm from the approved application may disqualify the: Recipient of all: or part of previously approved grant monles. Ex-amples of Eligible Projects: Examplbs of Ineligible PrAects. Windows Inventory Floor, Wall. and Ceiling Repair Furniture Permanent Fixtures Roof :HVAC Facade Fees & Permits Sidewalk Clean -Outs, Dumpslers Fire Escapes Design Plans Design review by the City Planning Department and/or rMeHIstoricai Preservation Commission may be, necessary,. if required by ordinance. Language from the National Park. Service Technical Preservation Services Briefs, the Secretary of the Interior's Standards lbr Building Rehabililallion,'the City of Dubuque Design GuMalines and other parlinealdocumerits may be all ached as a condition of the rehab, if the corn miftee deems it necessary. In order ta receive reimbursement for repoInting., a mortar analysis sample may be requested, Reimbursement is for labor and material costs associated with fagade improvements. Reimbursable expencriluires must be documented. Grants will be disbursed upon completion of work at a rate oF $_50 for each 31.00 of presented, qualified costs. 10162025ba1 Page 800 of 817 Approval Process: 1. Application revilmOrecommendation by DM S Econonfic Vitality Committee 2. Grant applicant approval recommendations will be Teviewedlapprovedby DIMS ExecutiveCummittee 3. Grant recipient Will be notified by OMS, and Mia 10-mon1h permitted construct[an period begins 4. Funding avid be disbursed upon staff review of documentedexpendittires and inspection of completed lyroject. Page 801 of 817 EXHIBIT C LEGAL COMPLIANCE (Where Applicable) Page 802 of 817 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; a) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); b) Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; d) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits discrimination on the basis of age); e) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); f) The Civil Rights Restoration Act of 1987, (PL 100-209); (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all operations, not just in the program or activity receiving federal funding); g) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; h) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); i) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); j) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 803 of 817 k) Drug Abuse Office and Treatment Act of 1972, as amended — 21 U.S.C. 1101, et seq. l) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended -- 42 U.S.C. § 4541, et seq. Page 804 of 817 EXHIBIT D INSURANCE SCHEDULE G 14 10162025bal Page 805 of 817 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) INSURANCE SCHEDULE G 1 . Vendor 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. Vendor Service Agreement dated 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 1. 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. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contractlagreement can be approved. 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 3. 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 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. 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 endorsements, required by this Schedule at any time. Page is of 22 Schedule G Vendors December 2024 Page 806 of 817 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) 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 written mutual agreement attached hereto. Page i6 of 22 Schedule G Vendors December 2024 Page 807 of 817 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) A) B) INSURANCE SCHEDULE G (continued) EXHIBIT I COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02, All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form 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 and/or 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. 7) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non - renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 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 Page a7 of 22 Schedule G Vendors December 2024 Page 808 of 817 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) 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 umbrella/excess insurer. OR If, by Iowa Code Section 85. IA, 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 is of 22 Schedule G Vendors December 2024 Page 809 of 817 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) C) D) E) INSURANCE SCHEDULE G (continued) 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. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 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. CYBER LIABILITY/BREACH Coverage required: Yes _X_No $1,000,000 Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page a.s of 22 Schedule G Vendors December 2024 Page 810 of 817 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) F) UMBRELLNEXCESS $1,000,000 Coverage required: _X Yes No The General Liability, Automobile Liability and Employer's Liability 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 but not limited to Waiver of Subrogation and Primary and Noncontributory in favor of the City. Page 20 of 22 Schedule G Vendors December 2024 Page 811 of 817 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. 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 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 Immunitv. 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 otherwise change or alter the coverage available under the policy. Page 21 of 22 Schedule G Vendors December 2024 Page 812 of 817 City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers) Page 22 of 22 Schedule G Vendors December 2024 Page 813 of 817 Prepared by: Jill Connors, Economic Development, 50 W. 1311 Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 1V Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 348 - 25 APPROVING A GRANT ADMINISTRATION AGREEMENT WITH DUBUQUE MAIN STREET, LTD. TO ADMINISTER THE SWAP GRANT PROGRAM, INCLUDING CITY FUNDING WHEREAS, City of Dubuque funds (the Funds) have been allocated for the purpose of supporting downtown storefront redevelopment; and WHEREAS, the City Manager has purview over the use of the Funds; and WHEREAS, the City Manager has reviewed and approved the use of the Funds to support Dubuque Main Street, Ltd.'s SWAP Grant Program (the Grant); and WHEREAS, Dubuque Main Street, Ltd. has the implementation infrastructure necessary to administer the Grant; and WHEREAS, the City Council finds that it is in the interests of the City of Dubuque to approve the Grant Administration Agreement with Dubuque Main Street, Ltd. to administer the Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Administration Agreement between the City of Dubuque, Iowa, and Dubuque Main Street, Ltd., a copy of which is attached hereto, is hereby approved. Section 2. That the City Manager is hereby authorized and directed to execute the Grant Administration Agreement on behalf of the City of Dubuque. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Grant Administration Agreement. Passed, approved and adopted this 201h day of October, 2025. Brad M. Cavapag ayor Attest: Adrienne N. Breitfelder, City Clerk