Loading...
City Manager Executive Recruitment Services Request for Proposals (RFP) Draft Copyrighted June 15, 2026 City of Dubuque ACTION ITEMS # 8. City Council ITEM TITLE: City Manager Executive Recruitment Services Request for Proposals (RFP) Draft SUMMARY: City Attorney recommending approval of the Request for Proposals (RFP) of City Manager Executive Recruitment Services and to request guidance on how the Council would like to proceed with evaluating responses and determining next steps in the selection process. SUGGUESTED Receive, File, Approve, and Council Direction DISPOSITION: ATTAC H M ENTS: 1. Mayor Council Memo RFP_6-11-26 2. City Manager RFP_6-11-26 Page 1570 of 1594 Dubuque THE CITY OF � All•Ameriea Cily DuB E �,��r„�:.tK��ti� ' � II ��' Maste iece on the Mississi i z°°'�Z°iZxz°13 �P pp zo1�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Crenna Brumwell, City Attorney Shelley Stickfort, Chief Human Resources Officer Kristen Dietz, Talent Acquisition Manager DATE: May 27, 2026 RE: Request for Proposal (RFP) City Manager Executive Recruitment INTRODUCTION The purpose of this memorandum is to request approval of the Request for Proposals (RFP) of City Manager Executive Recruitment Services and to request guidance on how the Council would like to proceed with evaluating responses and determining next steps in the selection process. DISCUSSION Following discussions at the City Council Meeting held on Monday, June 1, 2026, staff has prepared a draft Request for Proposal (RFP) for the Mayor and City Council's review and consideration. Staff will be able to move forward and initiate the RFP process once approval is granted by the Council. The drafted RFP incorporates a proposed scoring rubric, designed to promote a consistent and transparent evaluation of submissions. At this stage, staff request clarification from the City Council regarding their preferred method for engaging with and completing the review of responses to the RFP. Requested Council Direction Staff requests Council guidance on the preferred process for evaluating RFP responses. Options include: 1. Work Session Council may hold a work session for the purpose of reviewing and discussing the proposals in detail. Note: No formal decisions may be made during a work session. Page 1571 of 1594 2. Special Meeting Council may convene a special meeting to review proposals and take action, including determining which firms to invite for interviews. 3. Subcommittee Appointment Council may appoint a subcommittee to review and score proposals and bring a recommendation back to the full Council for consideration. 4. Alternative Approach Council may propose another review or decision-making structure that best aligns with its expectations for transparency, efficiency, and public engagement. Next Steps Once the Council provides direction on the preferred process, staff will prepare the necessary materials, schedule the appropriate meetings, and coordinate communication with respondents in accordance with Council's selected approach. ACTION REQUESTED Staff respectfully request the Mayor and City Council: 1. Receive, file, and approve the RFP for release on July 1, 2026; and 2. Provide direction on the preferred method for reviewing and evaluating RFP responses. 2 Page 1572 of 1594 Dubuque THE CITY OF � All•America Ci(y D �/ Y J� �10.N�\I[hN ii/�3J ' � Il �m' Maste iece on the Mississi i z°°'�z°iZxz°13 � pP zo1�*zoi9 Cit of Dubu ue lowa Y q � Re uest for Pro osals q p Cit Mana er Recruitment Y J Services Publication Date: July 1, 2026 Deadline for Vendor Questions: July 10, 2026, 5:00 PM (CST) City Responses to Questions: July 15, 2026 Proposal Due: July 22, 2026, 5:00 PM (CST) Anticipated Council Consideration of Agreement: August 3, 2026 Official Contact for this RFP Kristen Dietz, Talent Acquisition Manager City of Dubuque, Human Resources Department 50 W 13th Street, Dubuque, IA 52001 Phone: 563-581-2557 Email: kdietz@cityofdubuque.org (Only email submissions are accepted.) INVITATION TO SUBMIT PROPOSALS 1 Page 1573 of 1594 The City of Dubuque, lowa ("City") invites qualified executive search and recruitment consulting firms ("Consultant" or "Proposer") to submit proposals to provide professional consulting services for the recruitment, evaluation, and selection of a City Manager for the City of Dubuque. This Request for Proposals (RFP) describes the services required, outlines the proposal submission requirements, and establishes the evaluation criteria that will be used to select the successful Consultant. The City intends to enter into a professional services agreement with the selected Consultant for the perFormance of the services described herein. All proposals must be submitted in accordance with the instructions contained in this RFP. The City reserves the right to reject any or all proposals, to waive informalities or irregularities in any proposal received, to re-advertise for proposals, to enter into contract negotiations with the selected Proposer, or to take any other actions that may be deemed to be in the best interest of the City. Section 1. Background Information 1.1 About the City of Dubuque Dubuque, lowa, located along the Mississippi River in the Tri-State region, is lowa's oldest incorporated city and a full-service municipal organization known for its historic architecture, revitalized urban core, and vibrant riverfront. The City provides services across nearly 30 departments and divisions and employs more than 600 staff organization-wide. This structure supports operations ranging from public safety to parks, utilities, engineering, transportation, housing, economic development, arts and cultural affairs, and sustainability efforts. Dubuque is recognized as a safe, thriving Midwest community rated among America's safest mid-sized cities with low crime, exceptional crime clearance rates, and a diversified economy supported by strong public-private partnerships. 1.2 Form of Government The City operates under the Council-Manager form of government as authorized by lowa Code Chapter 372. The seven-member City Council, including the Mayor, provides legislative and policy direction. The City Manager is appointed by and serves at the pleasure of the Council and is responsible for: • Implementing policies and ordinances • Overseeing all municipal departments and operations • Preparing and administering the annual budget • Recommending policy initiatives and providing professional guidance to the Council 2 Page 1574 of 1594 • Ensuring effective, efficient delivery of municipal services The City Manager is the chief administrative officer responsible for the daily operations of the City and must demonstrate strong leadership, communication, relationship-building, and municipal management expertise. 1.3 Vision, Mission, and Strategic Direction Dubuque 2040 Vision Statement "Dubuque 2040 is a sustainable and resilient city, an inclusive and equitable community where ALL are welcome." By 2040, Dubuque aims to be a community with: • A preserved and celebrated "Masterpiece on the Mississippi" riverfront • A strong and diverse economy • Expanded connectivity across transportation, infrastructure, and technology • Healthy living and active lifestyle opportunities • Quality, affordable, and livable neighborhoods • A wide array of diverse arts, culture, parks, and recreation activities • A deeply engaged community in which residents actively participate in civic life This vision is reflected in ongoing City initiatives, major capital projects, and community planning processes supported by staff across departments. Mission Statement Dubuque city government is progressive and financially sound, providing residents with excellent service and strong value for their tax dollars. Working in partnership with residents, businesses, and community organizations, the City strives to: • Deliver excellent municipal services • Supporting equitable and sustainable urban living • Plan for the community's long-term future • Facilitate access to critical human services These guiding principles drive the work of all City departments and employees. City of Dubuque Goals for 2030 These seven organization-wide goals guide City Council decision-making, departmental work plans, and the priorities of the City Manager's Office: 1. Healthy and Safe Community 2. Financially Responsible, High-Performance City Organization — sustainable and effective service delivery 3 Page 1575 of 1594 3. Robust Local Economy—diverse businesses, workforce opportunities, economic prosperity 4. Livable Neighborhoods and Housing — ensuring residents have great places to live 5. Sustainable Environment— preserving and enhancing natural resources 6. Connected Community — fair transportation, mobility, and tech infrastructure 7. Diverse Arts, Culture, Parks & Recreation Experiences These goals align with real-time work underway across departments, such as sustainability initiatives, infrastructure modernization, affordable housing, transportation planning, and recreation programming. City Council Policy Agenda (2025-2027) Policy agenda items require major policy decisions, new directions, or significant investment. They are categorized as Top Priorities and High Priorities. Top Priorities (2025-2027) — alphabetical order • Commercial Air Service Future Strategy • Comprehensive Fire Station Location and Facilities Study • Fire & Police Department Staffing Enhancements • Major sanitary sewer and stormwater system upgrades, including: o Catfish Creek Sanitary Sewer Project o Cedar Street Lift Station & Force Main o Chaplain Schmitt Island Sanitary Sewer o Harvard, Grove Terrace, and Hempstead Street Projects o Sanitary Sewer Consent Decree Compliance • Stormwater investments including 17th & Elm, 17th & Locust, Bee Branch Gate & Pump Station • Sports Complex Development • Neighborhood and corridor reinvestment projects High Priorities (2025-2027) • Downtown Master Plan Update • Central Avenue Revitalization • Dubuque Law Enforcement Center Enhancements & Planning • East—West Corridor and Roundabout Projects • Schmitt Island Development Phases • Parks and Recreation Master Plan Implementation • Water Resource & Recovery Center improvements (odor control, process upgrades) These projects involve collaboration across Public Works, Engineering, Water/Wastewater, Parks & Recreation, Housing, and Economic Development reflecting the City's full-service operations and cross-department coordination. 4 Page 1576 of 1594 Management in Progress & Major Projects Under each of the seven council goals, departments manage ongoing initiatives and capital projects. These include: • Public infrastructure modernization • Energy efficiency and climate action plan implementation • Neighborhood revitalization and housing preservation • Transportation expansion and multimodal connectivity • Arts, culture, parks, and recreation program expansion • Environmental health, tree canopy improvements, and green space investments • Economic development and workforce initiatives Departments regularly report progress to City leadership and the City Council as part of the City's perFormance-based and data-informed management approach. Strategic Direction & Comprehensive Planning The City's comprehensive plan, Imagine Dubuque 2037: A Call to Action, was adopted in 2017 following over 12,500 ideas gathered from more than 6,000 residents and stakeholders, with implementation guided by a collective impact model and ongoing community participation. 1.4 Current Situation The City Manager position is anticipated to be vacant due to retirement in June 2027. The City Council is committed to conducting an inclusive, transparent, and comprehensive national search to identify a highly qualified and values-aligned leader. Section 2. Instructions for Proposers 2.1 Preparation Costs All costs associated with preparing and submitting proposals are the sole responsibility of the proposer; the City will not reimburse preparation expenses. 2.2 Modifications & Late Submittals Proposals may be modified before the deadline; late submissions will not be accepted. 2.3 Proprietary Information Proposers should refrain from submitting proprietary content where feasible. If Proposer asserts materials submitted are proprietary, Proposer must identify the material as such in their submission. Materials submitted to the city are subject to disclosure per the lowa Open Records Act (lowa Code Chapter 22). 5 Page 1577 of 1594 2.4 Questions Submit all questions by July 10, 2026, 5:00 PM (CT) to Kristen Dietz at: kdietz(a�cityofdubuque.orq The City will post all answers to questions by July 15, 2026. Section 3. Scope of Services The City seeks a qualified executive recruitment firm ("Firm") to deliver a full-service, end-to-end search resulting in the appointment of a City Manager who aligns with Dubuque's values, Council priorities, and operational needs under the Council—Manager form. 3.1 Project Initiation & Planning • Meet with the City Council and designated stakeholders to discuss the search process, expectations, and timeline. • Review organizational and strategic documents to understand City operations. • Develop a detailed work plan, communication protocols, and project schedule. 3.2 Stakeholder Engagement & Community Input • Design and facilitate outreach to Council members, staff, community partners, residents, business leaders, and nonprofit representatives. • Conduct interviews, focus groups, surveys, or public forums. • Produce a stakeholder input summary to guide profile development. 3.3 Position Profile & Recruitment Materials • Prepare a recruitment brochure aligned with City brand standards. • Create a comprehensive City Manager position profile outlining qualifications, competencies, leadership attributes, and community context. • Develop and execute a targeted national recruitment strategy, including advertising, networking, and direct outreach. 3.4 Candidate Recruitment & Screening • Conduct proactive national outreach. • Receive and acknowledge applications. • Conduct preliminary interviews, reference checks, and background research. • Present a recommended semifinalist pool including detailed assessment summaries. 6 Page 1578 of 1594 3.5 Candidate Assessment, Interviews & Selection Support • Coordinate semifinalist and finalist interviews. • Assist with developing interview questions, rating matrices, and evaluation tools. • Conduct comprehensive background investigations (education, employment, criminal, financial, media, and reputation). • Facilitate community and stakeholder engagement with finalists, if requested. • Support Council deliberations and assist with employment agreement negotiations. 3.6 Project Management & Reporting • Serve as the primary candidate contact. • Provide regular reports to the City Council. • Maintain organized records and confidentiality in compliance with lowa law. 3.7 Additional Services (Optional) • Onboarding assistance • Transition planning and support Section 4. Expectations and Qualifications of the Recruitment Firm 4.1 Consultant Expectations • Demonstrate transparency, professionalism, confidentiality, and alignment with City values. • Adhere to City brand requirements. • Utilize evidence-based recruitment tools and equitable selection practices. 4.2 Required Qualifications • Minimum five (5) years of experience conducting municipal executive searches or comparable government administration roles. • Successful placements in similar-sized communities. • Adequate organizational capacity and professional liability insurance. See attached Insurance Schedule J for insurance requirements. • Demonstrated commitment to workplace belonging and inclusion. 4.3 References • Provide at least three (3) municipal references (preferably Midwest or lowa communities). 7 Page 1579 of 1594 Section 5. Proposal Format & Contents Limit your proposal to ten (10) pages, excluding sample candidate reports. 5.1 Title Page Firm name, address, contact information, and proposal date. 5.2 Transmittal Letter Signed letter including authorization, subcontractors, and confirmation of understanding. 5.3 Executive Summary High-level overview of qualifications and proposed approach. 5.4 Firm Profile & Qualifications • Detailed firm information, staffing, and experience. • List of relevant municipal executive search engagements. • Evidence of expertise with Council-Manager governments. 5.5 Assigned Personnel • Resumes, roles, and availability of assigned team members. • Organizational chart (if applicable). 5.6 Proposed Approach & Methodology • Stakeholder engagement strategy • Recruitment plan • Assessment and evaluation methods • Confidentiality processes • Project timeline 5.7 Pricing Proposal Provide a non-binding cost proposal including: • Fee structure (fixed or hourly) • Reimbursable expenses • Milestone billing • Replacement guarantee terms 5.8 References 8 Page 1580 of 1594 At least three (3) references with contact details. Section 6. Firm Selection Evaluation Process A City evaluation committee will review proposals for completeness, quality, and fit, and may invite top firms for virtual discussions and/or a public meeting presentation. Evaluation Criteria & Weights Criteria Weight Experience 30% Alignment 30% Proposal Quality 30% Overall Price 10% Impression Scores (0 = Low, 5 = High) may be used qualitatively during committee review. Experience: Qualifications and Experience (30%) Demonstrated experience conducting executive searches for city manager or chief administrative officer positions. Knowledge of the council-manager form of government. Track record of successful placements. Relevant experience with lowa municipalities or communities of similar size and complexity. Alignment (30%): Qualifications and experience of key personnel assigned to the project. Availability and commitment of team members. Demonstrated ability to work collaboratively with elected officials. Proposal Quality (30°/o): Quality, comprehensiveness, and feasibility of the proposed approach. Effectiveness of the recruitment and outreach strategy. Candidate screening and assessment processes. Stakeholder engagement plan. Overall Price (10%): Competitiveness and reasonableness of fees. Clarity and transparency of fee structure. Value for services proposed. The City reserves the right to conduct interviews with the highest-ranked Proposers before making a final selection. The City may also request clarifications, additional information, or presentations from Proposers during the evaluation process. Selection will be based on the proposal deemed most advantageous to the City, considering qualifications, approach, experience, and cost. The City is not obligated to select the lowest-cost proposal. 9 Page 1581 of 1594 Section 7. Submission Due Date July 22, 2026, 5:00 PM (CST) Method: Email your proposal (PDF preferred) to Kristen Dietz at kdietz(a�cityofdubuque.orq Proposals received after the deadline will not be accepted. Section 8. Terms and Conditions The City's standards terms and conditions are included as Exhibit B. If any changes are requested to a term or condition, the response submission must clearly outline the request and issue with the standard term and condition. Section 9. Tentative RFP Timeline (Central Standard Time) All milestones are in July and August 2026 and are spaced to balance consultant preparation with City review. Milestone Date/Time RFP published to the City's website July 1, 2026 Deadline for firms to submit questions July 10, 2026, 5 PM City publishes consolidated responses to questions July 15, 2026 RFP responses due July 22, 2026, 5 PM Council consideration of professional services agreement August 3, 2026 Section 10. Tentative Recruitment Timeline 1. Firm Selection & Contracting — July—August 2026 2. Profile, Discovery & Engagement — Sept—Oct 2026 10 Page 1582 of 1594 3. Posting & Outreach — Nov 2026—Jan 2027 4. Screening & Interviews — Jan—Mar 2027 5. Final Interviews — Late March 2027 6. Conditional Offer—April 2027 7. Transition & Onboarding — June 2027 11 Page 1583 of 1594 EXHIBIT A CITY OF DUBUQUE INSURANCE SCHEDULE J Citynf�uhuque Insuranca Raquirernerrte farPrnfeseianel5arvicae CITY OF Dl1BUQllE INSl1RANCE SCHEdULE J 1_ shall fumish a signed certificate of insurance ta the City of bubuque, lawa,forthe caverage required in Exhibit I priorta cammencing work and at the end af the project if the term af woris is langerthan BO days_ Contractors presenting annual certificates shall present a certificate atthe end of each prcjectwith the final billing. Each certificate shall be prepared an the mast currentACOFtd farm approved by the lowa bepartment af Insurance or an equivalent appraved by the Chief Financial �fficer_ Each certificate shall include a statement underdescription af�perations as tawhy the certificate was issued_Eg= prcject# or prcject Lacatian at or canstruction of 2_ PJI policies of insurance required hereunder shall be with an insurer authorized to da business in lawa and all insurers shall have a rating afAar better in the currentA_M_ Best's F2ating Guide_ 3. Each certificate shall be furnished ta the Fin ance Department, 5�West 13°" Street, dubuque,lowa 52�01. �_ Failure ta provide caverage required by this Insurance Sched ule shall not be deemed a waiver of these requirements by the�ty of bubuque_ Failure ta obtain ar maintain the required insurance shall be considered a material breach of this agreement. 5_ Contractars shall require all subcansultants and su�subconsultants taobtain and maintain duringthe perfarmance af work insurance farthe coverages described in this Insurance Schedule and shall obtain certificates af insurancesfram all such subconsultants and sutrsubconsultants. Cantractars agreethatthey shall be liable forthe failure af a subconsultant and sub-subconsultant ta obtain and maintain such coverages.The City may request a capy af such certificates from the Contractor. B. All required endorsements shall be attached to certificate af insurance.The certificate is due befare the contractlagreement can be appraved. T_ Whenever a specific IS�farm is listed,the current editian of the farm must be used,ar an equivalent form may be substituted if appraved by the Chief Financial OfFicer and su�ject ta the cantractor identifying and listing in writing all deviatians and exclusians from the ISO form. 8. Cantractors shall be required to carry the minimum coveragellimits,argreater if required by law orother legal agreement,in Exhibit I_ If the contractor's limits af liability are higherthan the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Cantractorshall be respansiblefardeductibles and self-insured retentian farpaymentafall policy premiums and othercast associated with the insurance palicies required belaw. 10. PJI certificates of insurance must include agents name, phane number, and email address. 11. The City af Dubuque reserves the right to require complete, certified copies af all required insurance policies, including endorsements, required by this Schedule at any time_ 12. The City af Dubuque reserves the right to madify these requirements, including limits, based on changes in the risk,orother special circumstances during theterm of the agreement, subject to mutual agreement af the parties_ 12 Page 1584 of 1594 Citynf�u6uque Insurance Requiremems fnr Prnfessianel5ervices GITY OF DUBUQUE INSURANCE SCHEDULE J (conxinued} Exhibit I A. COMMERCIAL GENERAL LIA6ILITY GeneralA��re�ate Lirnit $2,000,000 Produets-Cornple#ed Opera#ions Aggregate Limi# $1,000,000 PersonalandAdvertisinglnjury Lirnit $7,000,000 Each Oecurrence $1,000,000 Fire Darnage Limit(any one oeeurrenceJ $50,000 Medical Payrnents $5,dd0 1 J Caverage shall be written on an accurrence,not clairns rnade,forrn. The general liabi�ty coverage shall be written in accord with ISD farm CG 00 01 or k�usiness owners frorn BP 00 02. All devi ations frornthe standard 150 commercial generalliability forrn CG 00 0�,or business owners frorn BP 0�02,shall be clearly identified. 2j Include endorsernent indicatingthat coverage is primary and non-contri6utory. 3J Include Preservation of Governmental Immuni#ies Endorsemen#(sarnple attaehedJ. 4J Include addi#ional insured endorsernent for: The City of Duk�uque,including all its eleeted and appointed offieials,allits employees and volunteers,all its k�oards,eomrnissions andlor au#horities and their board rnernbers,employees and volun#eers. Use 150 farm CG 20 26. 5J Policy shall inelude Waiver of Righ#to Recoverfrorn Others Endorsemen#. 6J Policy shall inelude cancella#ion and rnaterial ehange endorsemen#providing#hirty(30J days advance written notice of cancellatian,nan-r�enewal,reductian in insurance coverage andlar li mits and ten(�OJ days written notice of non-payment of prernium shall k�e sent to: City af�ubuque,Finance�epartrnent,50 West 13`"5treet,�ubuque,lawa 52001. B. AUTOMOBILE LIA6ILITY Comk�ined Single Limi# $7,000,400 Coverage shall include all owned,non-owned,and hi red uehicles. If#he Contractor's business does not own any vehicles,couerage is required on non-owned and hired vehicles. �J Policy shall include Waiver of Right to Recaverfrorn Others Endarsement 13 Page 1585 of 1594 Citynf�u6uque Insurance Requiremems fnr Prnfessianel5ervices CITY OF �UBUQUE INSUFiANCE SCHE�ULE J (conxinued} C. WdRI(ERS'CDMPENSATIdN�EMPLDYERS LIABILITY Statutary k�enefits covering all ernployees injured on the job k�y accident or disease as prescribed k�y lowa Code Chapter 85 as amended. Coverage A 5tatutory—�tate of lowa Coverage B Employers Liability Each Acci dent $100,000 Each Employee-�isease $1 dd,Odd PolicyLimit—Disease $500,000 Policy shall include Waiver of Right ta Recover fram Others endorsernent. Coverage B limits shall be greater if required by the lJrnbrellalExcess Insurer. �6 If,6y lowa Code 5ection 857.A,the Vendor is not requi r�d to purchase Workers'Compensation Insuranee,#he Vendor shall have a copy of the 5tate's Noneleetion of Workers'Cornpensa#i on or Ernployers'Liabili#y Couerage form on file with the lowa VVorkers'Corr�pensation Insuranee Comrnissione,as requi red by lowa Code 5ection 87.22. Completed torm mus#be at#ached. D. UMBRELLAiE]{CESS LIABILITY $9,000,000 The GeneralLiability,Automobile Liability,and Ernployer's Liability Insurance requirements may be satisfied with a carnk�ination of primary and Urnk�rella ar Excess Liabi�ty Insurance. Ifthe lJrnbrella or Excess Insurance policy does not followthe forrn of the primary policies,it shallinclude the same endorsernents as reqiaired ofthe prirnary policies,including,biat not limited to,Waiver of Su6rogation and Prirnary Non-Contributory in favor of the City of�u6uque,the�ubuque Regional Airport,andthe�ubuque RegionalAirport Cornmission. E. RROFESSIONAL LIABILITY $2,000,000 Ifthe required policy prouides elaims-made coverage: �y The retraactive date must k�e shown and rnust k�e beforethe date af the agreement. 2J Insurance must be rnaintained,and evidence of insurance rnust be prnvided far at leastfive(5J years after completion af the wark ar ser,+ices. 3j If coverage is canceled or n on-r�newed and not replaced with another clairns-made poli cy form with a retroactive date priorto the date of the agreernent,the contractor must provide"extended reporting"coverage for a minirnurn of five(5y years after completion of the work or services. 14 Page 1586 of 1594 Citynf�u6uque Insurance Requiremems fnr Prnfessianel5ervices CITY OF �UBUQUE INSUFiANCE SCHE�ULE J (conxinued} F. CYBER LIABILITYiBRFr4CH $9,000,000 Yes x No Coverage for Firs#and Third-Party Breach Liability,including k�ut no#limi#ed to lost da#a and restoration,loss of incorne and cyber br�each of inforrnation. 15 Page 1587 of 1594 Citynf�u6uque Insurance Requiremems fnr Prnfessianel5ervices CITY OF�UBUQUE SCHE�ULE J (conxinued} lowa Code Chapter 670,Liabi lity ot Governrnental 5ubdivisions,prouides eities with eertain Imrnuni#ies whieh rnay be available to you. Narning#he City of Dubuque an addi#ional insured on your insurance as is requested by#his insuranee sehedule rnay result in yourwaiuer of those imrnuni#ies. If you would like#o pr�eservethose immunities,please use thi s endorsernent or an equivalen#form. Thepreserva#ionofimrnunitiesistoryourbenefit. PRESERVATIahI aF G�VERNMENTAL IMML1fVITIES EN04R5EMENT 1. Nonwaiver of Gouernrnental Irnrnuni#v. The insurer expressly agrees and states#ha#the purchase of this palicy and the including ofthe City of�ubuque,lowa,as an additional insured does nat waive any af the defenses of gavernmental immunity available to the City of�uk�uque,lawa underCode of lowa 5ection 670.4 as it is now exists and as it may be arnended from tirneto time. 2. CLairnsCovera�e. Theinsurerfurtheragreesthatthispolicyofinsuranceshallcoveronlythose elairns not suk�jee##othe defense governrnen#al imrnuni#y under#he Code of lowa Section 674.4 as it now exis#s and as it rnay be arnended from ti me#o time.Those clairns no#subjeet to Code of lowa 5eetion 674.4 shall k�e eovered k�y theterrns and conditions ofthis insuranee policy. 3. Assertion of Governrnent Irnmunitv. The Ci#y of Dubuque,lowa,shall be responsible for asserting any defense of governrnental immuni#y,and rnay do so at any time and shall do so upon#he tirnelywri##en reques#of#he insurer. 4. Non-�eni a�of Covera�e.The insurer shall nat deny coverage underthis palicy and the insurer shall not deny any of the rights and k�enefits accrui ngto the City of�uk�uque,lowa,underthis policyfarreasons ofgovernrnentalirnrnunity unless and untila caurt ofcornpetentjurisdictian has ruled in favor of the defense(s]of governmental irnrnunity asserted by the City of Du6uque, lowa. 5. No Other Change in Policv.The above preservation of governrnentalirnrnuni#ies shall not otherwise change or al#erthe coverage auailable underthe poliey. �PE�IIVIEN (aERARTMENT MANAGER: FI LL IN ALL BLANKS AN�CHECI{60]{E5} 16 Page 1588 of 1594 EXHIBIT B TERMS AND CONDITIONS CITY OF DUBUQUE STANDARD TERMS AND CQNDITIQNS ACCELERATEa PAY DISCDUNTS-Accelerated discaunts shauld be sa stated on the bid submittal page_ If quiek pay diseaunts are affered,the City reserves the right to inelude that discaun# as par# af the award criteria. Prices mus#, however, be based upon payment in net thirty �30} days af#er receipt, inspedian and accep#ance. In all cases, quick pay discaunts will be calculaled fram the date ❑f lhe invaice ar lhe date af acceptance, whiche�+er is later_ ADA CDMPLIANCE 1. The Cantractor shall camply with all applicable provisions af the Americans with Disabilities Ad �Public Law 101-336,42 U.S.C. 121Q1 et seq.) and applicable Federal regulatians underlhe Acl. 2_ Bids far design, canstructian, pragrams, policies and cancessians af any type shall camply with the 2D1D Standards for Accessible aesign, the ADA title II regulatian, Sec#ion 504 af the 19�3 Rehabilitatian Act, and similar statu#es and regulatians prahibiting discriminatian an#he basis af disability. 3_ The Cantractar shall ensure that its websites and all anline services, including thase websites ar anline services pro�+ided by third parties upan which the City af Dubuque relies ta pravide services ar cantent, comply with, at minimum, Vlfeb Cantent Accessibility Guidelines-WCAG 2.0 AA. ASSIGNMENT - The City and the Cantrador each are hereby baund and #he parkners, successors, executars, administralors and legal representatives af the City and the Contractor are hereby baund ta lhe ather party t❑ lhe Contracl and ta the partners, suceessors, exeeu#ars, administratars and legal representatives�and said assigns}of sueh a#her par#y, in respeet af all eavenants, agreemen#s and abligations af the Can#rac#. Any assignmen#ar a#tempt at assignment made withaut prior wri#ten eansent of the City shall be void_ BID CURRENCYILANGUAGE -PJI bid prices shall be shown in US Dallars �$)_ All prices must remain firm for the duration af the Contract regardless af the exchange rate. All bid respanses must be submitted in English_ BID FORM - Each bidder musl submit an original bid and addi#ianal copies as required on the farms attached_ The bidder shall carrectly sign the bid, and the bid may be rejected if it shows any amissians, alterations af the farm, additians nat called far in the bid, ar any irregularities af any kind_ In ease of a discrepancy beiween the unit price and the extended priee, the unit priee shall prevail_ Bld INFdRMATIflN IS PUBLIC —The bid and all daeuments submitted with any bid shall become public documents subject ta lawa Cade Chapter 22,which is ❑thenvise known as the"lowa bpen Records Law". By submitting the bid any document to the City of aubuque in cannection with a bid,the submitting party reeagnizes this and wai�+es any elaim against tt�e City ❑f Dubuque and any af its ❑ffieers and emplayees relating ta the release af any daeument ar informatian submitted. Each submitting party shall hald the City af Dubuque and its affcers and employees harmless fram any claims arising fram the release af any document ar infarmatian made available #a #he City af Dubuque arising fram any Page 1 af 5 17 Page 1589 of 1594 appartunity.Bid infarmatian requested by the public ar a#her bidders will be pra�+ided in an alternati�+e farmat if#he requestar is a persan with a disability and requires an alternative farm far camprehensian_ BID REJECTIDN �R PARTIAL AGCEPTANCE -The City reserves the right ta accept ❑r r�jec# any ar all bids or parks thereaf. The City further reserves #he right ta waive �chnicalities and farmalities in bids,as well as to accep#in whole or in part such bids where it is deemed advisable in pratedion of the best interests af#he Ci#y. C�NFLICT DF INTEFtEST -The Cantraclar represents,warrants, and ca�+enants thal na r�latianship exists ar will exist during the Contract periad beiween the Cantractar and the City #hat is a canfliet af interest. No employee, afficer ar agen# af#he Cantraetor shall partieipate in #he seleetian ar in #he award if a conflict of interest, real or apparen#, exis#s. The provisians af lawa Cade ch. 68B shall apply #a the Con#ract. If a canflict af interest is pra�+en ta the City, the City may terminale lhe Cantract, and Contradar shall be liable far any excess cosls ta the Cily as a result af lhe canflici af inleresl_ The Cantractor shall establish safeguards ta pre�+ent emplayees, eansultants, ar members ❑f gaverning badies fram using their pasitians far purposes that are, ❑r give tt�e appearanoe af being, mativated by the desire far private gain far themselves ar ❑thers with wham they have family, business, or a#her ties. The Cantradar shall report any pa#ential, real, ar apparent canflict af interest ta the City_ GDNTRAGT QDCUMENTS —The Contraet Qacuments are this Cantract,the Request for Bids,the Contractor's Bids, and the following additional documents,if any: In the even# of a dispu#e with respec#ta any term ar canditian in#he Can#ract Qacumen#s, t�ey shall be interpreted in the fallawing arder: this Cantrad, the Request far Bids, the Contractor's Bids, and the following additional documents, if any: DISPUTES -Shauld any dispu#es arise with respect ta the Can#raet,#he Parties agree ta act immediately ta resalve such dispu#es. Time is af the essence in #he resalutian of disputes_ The Contractor agrees that, the existence af a dispute nahvithstanding, it will cantinue withaut delay ta carry aut all af its respansibilities under the Cantract that are not affected by the dispute and the City shall cantinue ta make payment for all 1Nark praperly perfarmed_ Should the Cantraetar fail ta continue ta perfarm its respansibilities regarding all nan-disputed wark, withaut delay, any additianal casts ineurred by the City ar the Cantractor as a resul# af such failure ta praceed shall be borne by the Con#ractor. The uninten#ional delayed payment by the City to the Cantrac#ar of ane ar mare invaices nat in dispute in accardance with the terms of the Cantract will nat be cause far Cantractar ta stop ar delay 1Nark. FDRGE MAJEURE -Farce majeure shall be any af the fal lawing events=acts af Gad ar the public enemy; compliance wi#h any arder, rule, regula#ion, decree, or reques# af any governmen#al au#hori#y ar agency or persan purporting to ac#therefare; acts af war,public disarder, rebellian, terrarism, ar sabatage; flaads, hurricanes, ar ather storms; strikes ar labar disputes;ar any ather cause,whether ar nat ofthe class ar kind specifcally named ar referred t❑ herein, nat within the reasonable cantrol af the party affected_ A delay in ar failure af perfarmance af either party shall nat constitute a default hereunder nar be the basis far,ar gi�+e rise#a, any claim far damages, if and to the extent such delay or failure is caused by farce majeure. The parky wha is preven#ed fram performing by farce majeure shall be abligaled,within a periad nal ta exceed faurleen �14)days after the accurrence ar deteclian ❑f any such evenl, ta give notice t❑ the ather party setting forth in reasanable Page 2 af 5 18 Page 1590 of 1594 detail the na#ure thereaf and the anticipated exten# af the delay, and shall remedy such cause as saan as reasanably passible, as mu#ually agreed between the parties. INDEMNIFICATI�N -Ta the fullest extent permitted by law,the Cantractar shall indemnify and hald harmless the City, its ❑fficers and emplayees, from and against all claims, damages, lasses and expenses, including but not limited ta a#arneys'fees, arising aut af ar resulting fram performance af the Cantract, provided that such claim, damages, loss or expense is attribu#able#a bodily injury,sickness,disease or death,or injuryto or des#ructian af praperty, including lass of use resulting therefram,but anlyta the extentcaused in whale ar in part by negligent acts ar amissions af lhe Cantractar, ar anyane directly ar indirectly employed by the Cantraetor ar anyane far whase aets the Cantractar may be liable, regardless af whether ar nat such claim, damage, loss ❑r expense is caused in part by a party indemnif ed hereunder. LAWS ANQ REGULATIDNS -The Canlract shall be ga�+erned, inlerpreted and enfarced in accardancewith all applicable federal,State af lowa,and local laws, ardinances,licenses and regulatians and shall apply ta the Contraet thraughaut, as the case may be_ The Contractor eertifies that in perfarming the Cantraet it will camply with all applicable pravisians ofthe federal, state,and lacal laws,ardinanees,licenses and regulatians.Venue far any adion arising ou# of #his Con#ract shall be the lowa Distric# Caur# for Qubuque County, lawa. METHdQ DF AWARdING -The City reserves the rightta make awards based on the entire bid or on an item by item basis. Howe�+er, if Cantrador's bid is based on an "all or none" eanditian,the City may cansider its bid nan-respansi�+e and rejectthe entire bid_ ND GIFT 3TANDAFtQ -The City af Dubuque is committed ta uphalding the highest ethical standards in all ❑f its business practices. This standard recagnizes the need to avaid even the pereeptian af impraper gifts ar fa�+ars to emplayees_ Therefore, all suppliers ha�+e been asked to abide by the City's "Na Gift"standard. The "No Gift" standard also applies to all affers of discounts ar free items at any place af business targeted toward a Ci#y emplayee and nat available ta the general public,regardless of#he�+alue. NDN-G�LLUSIDN STATEMENT - Neither the Cantraetar, nor anyone in the emplayment af the Contraetor, has employed any persan ta solicit ar pracure the Cantraci nor will the Contractor make any payment ❑r agreement far payment af any eampensatian in cannec#ian with the Cantrad. There is no cantract, agreemen#ar arrangement, either aral ar wri##en, expressed or implied, cantempla#ing any division of compensatian far Work rendered under the Gantract ar participatian therein, directly ❑r indirectly, by any ❑ther persan,firm ❑r carparatian, except as documented in the Cantract_Neither the Cantractor, nar anyane in the emplayment afthe Contractar,has eitherdirectly ar indirectly entered inta any agreement, participa#ed in any callusian or atherwise taken any adion in restraint af free campe#i#i�e procurement in cannedion with the Con#ract. NDN-DISCRIMINATI�N AND EQUAL DPPDRTUNITY - All Cantractars thal engage in cantracts with the Gity af Dubuque, lawa agree as fallaws= The Cantractor will not discriminate against any emplayee ar applicant far employment because of race,sex, calor, ereed, ancestry, na#ianal origin, marital s#atus, Familial status, religian, age, disabili#y, sexual arienta#ian, gender identity, gene#ic infarmation, s#a#us with regard #a public assis#ance, status as a ve#eran ar any classif catian protected by federal, state,ar lacal law, �Pratected Classes) except where age and sex are essential bana fde accupalianal requirements, arwhere disabilily is a bona fde accupational disqualifcatian_ Such actian Page 3 af 5 19 Page 1591 of 1594 shall include, but nat be limited ko the fallawing; �a} Employmen#, �b} Upgrading, �c} Demotian or transfer, �d) Recruitment and ad�+ertising, �e}Layoff ar#ermina#ion, �t}Rate of pay or olherfarms af campensation, and�g)Selectian fortraining,including apprenticeship_ The Cantractor further assures that managers and employees camply with bath the spirit and in#ent af federal, state, and local legislatian, ga�+ernment regula#ion, and executive arders in praviding affirma#ive actian as well as equal appartunity without regard ta #he pratected classes,as s#a#ed above.The Can#ractarwill inelude,ar incarparate by reference, t�e pro�+isions af the nandiscriminatian clause in every cantract ❑r subcantract unless exempt by the rules, regulatians ❑r arders af the City and will pro�+ide in e�+ery cantract ar subcantract that said provisian will be binding upon each Cantractar.. FtEGULAT�FtYAGENCY CDMPLIANGE-Camplianee with laws and regulations set farth by regulatary agencies is required. These agencies inelude, but are na#limi#ed#a, QSHA— Dccupatianal Safety & Health Agency, EPA — Environmental Pratectian Agency, ICC — Interstate Commerce Cammissian, DNR—Qepartment ❑f Natural Resaurces, and DDT — Department af Transpartatian_ The City af Dubuque expects that Cantractars will ❑ffer expertise an confarmanee af regulatians applying ta the praducts they sell and the Wark they perfarm_ RIGHT TO PR�TEST -Anyane wishing#a f le a protes# cancerning �1}#he specif ca#ians, �2)the bid pracedure ar �3)the award af the Cantract must da s❑ in writing in accardance with the City's Protesi by bidders which is found in the City's purchasing policy SAFETY dATA SHEETS -The Hazard Cammunieation Standard(HCS}requires ehemieal manufaeiurers, distributars, and imparters ta ensure that eaeh eantainer af hazardaus chemicals leaving the warkplace is labeled,tagged, or marked and ta pra�+ide Safety Data Shee#s �SDS) #a cammunicate the hazards of hazardaus chemical praducts. It is the chemical supplier's responsibility to determine which praducts are cavered and to pravide SDS with the initial shipment. It is also the chemical supplier's responsibilityto provide any updated ar re�+ised SDS, as they became a�+ailable far any praducts sold and delivered to the City of Dubuque. City of Dubuque employees shall na# accept a shipment af any chemical that does nat ha�+e a SDS attached ar currenlly an fle_ Safety dala Sheels shall be available in alternative farmats if the requestar is a persan wilh a disability and requires an alternative farmatfar camprehensian_ SUBCQNTRACTING - All 5ubcon#ractars shall be listed in the Cantract ar in a written amendmen#to the Cantract. SIJSPENSIflNS AND DEBARMENT -The Cantractar hereby certifes, pursuant ta 2 CFR pt_ 180 and 2 GFR pt_ 3000, that neither it nor its principles are presently debarred, suspended, prapased for debarment, declared ineligible, ar valuntarily excluded fram participatian in#he Cantrad by any federal agency. The Con#ractor fur#her certifies#hat it is not presently debarred, suspended, proposed far debarmen#, declared ineligible, or voluntarily excluded from participalian in any cantracts with the Cily of Qubuque ar the State af lowa_ TAXES -The City af Dubuque is exempt fram sales tax and certain ather use taxes_ Any eharges far taxes from whieh #he Ci#y is exempt will be deduc#ed fram in�+oices before paymen# is made. TERMINATIQN QF CQNTRACT -The Ci#y may#erminate#he Cantrac#a#any time far any reasan with ar withaut cause_ In that event, all fnished ❑r unfnished 1Nark, reports, Page 4 af 5 2� Page 1592 of 1594 materials�s)prepared orfurnished bythe Con#ractar underthe Con#ract shall,at#he optian af#he City, became its property. If the Cantrac#is#erminated by the Ci#y as pravided herei n, the Cantractar shall be paid far all Vlfarkwhich has been autharized,pravided,and appraved up ta the effective date af terminalian_ The Cily will nol be subject ta any terminalian fees fram the Can#rac#ar. WARFtANTIES-WQRK-The Cantractor shal I perfarm Vlfork for#he City per#aini ng#a#he Project as se#forth in#he Con#raci. Contractor represents that the Work and all ❑f its components shal I be free of defects; shall be performed in a manner cansistent with ather Gantractars in a similar industry and applicatian;and shall eanform#a#he requirements af the Can#raet. Cantractar shall be respansible for the quali#y, technical accuracy, campleteness and caardinatian af all Wark performed under #he Con#ract. Con#ractor shall, pramp#ly and without charge, provide all corrective Vlfork necessary as a result of Contractor's acts, errars, ar amissians with respect ta lhe quality and accuracy af lhe Work_ Cantractor shall be responsible far any and all damages to property or persans as a result of Contrador's acts, errors, or omissions, and for any losses or cosls lo repair or remedy any Wark undertaken by City based upan the 1Nark as a resuli of any such ads, errars, ar amissians. Contractor's obligations shall exist without regard to, and shall not be construed to be wai�+ed by, #he availabili#y ar unavailabili#y af any insurance, either of City ar Con#ractor. WARRANTIES -INTELLECTUAL PR�PERTY - Con#ractor represents and warrants tha# all the materials and Vlfark produced, ar pra�+ided ta the City pursuant to #he terms af the Contract shal I be whally ariginal with the Cantractor ar that the Cantractor has secured all applicable interests, rights, licenses, permits ar ather intellectual property rights in such materials and wark. The Cantrac#ar represen#s and warrants tha#the materials and 1Nark, and the City's use of same, and the exercise bythe City of the rights granted by#he Contract shall nol infringe upan any ather wark ar vialate lhe righls af publicily ❑r privacy af, ar canslitute a libel ❑r slander against,any person,f rm,ar carparati an. The Cantractar further represents and warrants that the materials and Vlforks daes not infringe upan the eapyright, trademark, trade name, trade dress pateni, statutory, camman law ar any ather rights af any person,firm or corporation ar ather entity_ The Cantractar represents and warrants that it is the awner af ar otherwise has the right ta use and distribute the 1Nark cantemplated by the Cantract_ Page S af 5 21 Page 1593 of 1594