Signed Contract_Powers of Communication for Census 2020 Communicaiton Copyrighted
November4, 2019
City of Dubuque Consent Items # 17.
ITEM TITLE: Signed Contract(s)
SUMMARY: Tri-State Occupational Health, LLC Amendment to
Agreement; K&L Leasing Revocable License for use of
right-of-way at 778 W. 8th Street; S&R Jackson, LLC
Revocable License for use of right-of-way at 1065 Jackson
Street; Powers of Communication Vendor Service
Agreement for Census 2020 Communication Consulting.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Tri-State Occupational Heath AgreementAmendment Supporting Documentation
K&L Leasing Revocable License Supporting Documentation
S&R Jackson, LLC Revocable License Supporting Documentation
Powers of Communication Census 2020 Consulting Supporting Documentation
Services Agreement
i
THE CITY OF
DT _� � City of Dubuque
U Planning Services Dept.
50. W. 13'h Street
Mnsterpiece on t}ie Mississippi Dubuque, IA 52001
(563) 589-4210
CITY OF DUBUQUE, IOWA
SHORTFORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (the Contract), made in triplicate, between the City
of Dubuque, lowa (City), by its City Manager, through authority conferred upon the City Manager
by its City Council, and The Powers of Communication (Vendor) whose address for the purpose of
this Agreement is 815 Thornwood Drive, Dubuque, lowa 52001.
PROJECT TITLE: Census 2020 Communication Consulting for The City of Dubuque
September 2019 through May 2020
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
VENDOR AGREES:
1. To furnish all material and equipment and to pertorm all labor necessary for (the Project):
See attached
The work described above shall be completed at the following location(s):
The Project shall be completed in strict accordance with the terms as described in this Contract;
in strict accordance with the requirements of the laws of the State of lowa and ordinances of the
City of Dubuque, just as much as if the detailed statements thereof were repeated herein.
Page 1 of 10
2. Contract Documents shall mean and include the following: This Contract; all ordinances and
resolutions heretofore adopted by the City Council having to do with this Project; the Vendor's -
Proposal; and any, Plans and Specifications and General Requirements as adopted by the City
Council for the Project which are listed in the Special Conditions section of this Contract.
3. All materials used by the Vendor on this Project shall be of the quality required by the Contract
Documents and shall be put in place in accordance with the Contract Documents.
4. The Vendor shall remove any materials rejected by the City Manager as defective or improper,
or any of said work condemned as unsuitable or defective, and the same shall be replaced or
done anew to the satisfaction of the City Manager at the cost and expense of the Vendor.
5. The Vendor has read and understands the Contract Documents and has examined and
understands the project description described in Section 1 of this Agreement and any attached
Special Conditions herein referred to and agrees not to plead misunderstanding or deception
because of estimates of quantity, character, location or other conditions surrounding the same.
6. The Vendor shall fully complete the Project under this Contract on or before
May 31 2020 .
(DATE)
7. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Vendor shall defend, indemnify and hold harmless City, its officers and employees, from and
against all claims, damages, losses and expenses claimed by third parties, but not including any
claims, damages, losses or expenses of the parties to this Contract, including but not limited to
attorneys' fees, arising out of or resulting from performance of this Contract, provided that such
claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or
injury to or destruction of property, including loss of use resulting therefrom, but only to the extent
caused in whole or in part by negligent acts or omissions of Vendor, or anyone directly or indirectly
employed by Vendor or anyone for whose acts Vendor may be liable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
8. Unless otherwise specified in the Contract Documents, prior to the commencement of any work
on this Project and at all times during the performance of this Contract, the Vendor shall provide
evidence of insurance which meets the requirements of the City's Insurance Schedule attached
to this Contract and listed in the Special Conditions section.
9. The Vendor agrees that no work under this Contract shall commence on the Project until the City
has issued a written "Notice to Proceed" to the Vendor. Any work started by the Vendor prior the
issuance of the Notice to Proceed shall be considered unauthorized and done at the sole risk to
the Vendor.
10. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21 , Nondiscrimination in Federally assisted programs of
the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it
Page 2 of 10
will affirmatively insure that in any contract entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to this invitation
and will not be discriminated against on the grounds of race, color, national origin, sex, age, or
disability in consideration for an award.
THE CITY AGREES:
Upon the completion of this Contract, and the acceptance of the Project by the City Manager,
the City agrees to pay the Vendor as full compensation for the complete performance of this Contract,
the amount determined for the total work completed at the prices stated in the Vendor's Proposal
and less any liquidated damages provided for in the Contract Documents. The work as stated in the
Contract Documents is approximate only, and the final payment shall be made for the actual work
completed as listed below in this Contract.
CONTRACT AMOUNT $ 14,200.00
CITY OF D BUQUE, IOWA VENDOR:
�_ G' �
By: � (; �) � Powers of Communication �
Michael C. Van Milligen Da e Company Name
City Manager _,
BY: �u:-��u:�� o �_, �
Sign i�ure Date
Jan Powers
Printed Name
Founder & Owner
Title
VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
n
By: }a�ti - -�;�,,vs, ��' z_� /�
Signa�ture Date
Jan Powers
Printed Name
Founder & Owner
Title
Page 3 of 10
The following Special Conditions shall apply to this Project:
NONE.
R EV. 07/18
Page 4 of 10
��/�����!^�(§1' T'H E P 0 W E�2$ � F��.�/,e•_� e l>Thormvood Drive
�� �G'�LtZYLt-GG�N�C��t�[�[.Gti-yV Du6uque, IA 5200I ',
Census 20Z0 Communication Consulting
for The City of Dubuque
SepYemUer 2019 through May 2020
� Pro7ect � � Census 2020 communica[ion consulting ��� ��
Date ���October 16, 2018 � � �
_
i�.e�_ �.._.�..��__,__�--�—�-__ ��_.a._�._
�; Research phase ��Reading of background governmental ma�erials, research as direcred
2 by Ciry staff on other cities' crnsus projects,searching archival
' � informadon for Dubuque's Census 2010 macerials
��Houcs . _ 1�_ .� . _______ ._ . .._.�. .. ____._ (
� �
� Fee € $1000 �
�,
� ___ ___ .. . _�.__._,_ ___ .. � ,
� � ____.,. ��. .� .._ e
''Development ; Two mee[tngs per month�vah Sreering Commiccee to develop plans
phase j (16 meenngs); dcaftwcicten plan for all eommunicauon acdvtnes, craft i
� s' overall meseaging foc Census tactics; gathec pcicing for projects
'i � identified in plan
� Hon�s j 40 ��
i
�, Fee � � $40D0 .... ....�. _ ....._,._...._.....� _._.....�..�
...._ � _._....,w,,.w.._,...,...,�._..� �....�___�.._.....�..�i
�._
i
I
'�Implementation � Aerend Comple�e Count Committee(CCC)meerings;manage as ;
I phase i many specific rasks as budget will allow dtat are noc managed by City �
' � staff or CCC(including social media posts, adverrising concent i
� development and buys, development oC pxint matter and online �
� mattec,wrtdng of press releases, or�anization of I
' ; meetings/pieaenradons/speeches, eoordinstion of maIlinga, atory
i
1 pieching,fnciliraring neighborhoos and special interest gruup
i�r. meetings, adjusdng copy for muldple publicadons/oudeW/uses,
j 3 assisting with events) ;
_..�._....�.. . �._M�._._.. �___..._. ,.._....._��
i Xours rv��� i 92 ,
�.,a....� .m._. . , _ r.�,_ � .a. ..�..,.� .
Fee ; $9220 i
j Tom!Hou�a/Fee � 242 ltou�'s for$14,200 �
Page 5 of 10
INSURANCE SCHEDULE
Page 6 of 10
City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers) I
INSURANCE SCHEDULE G
1. The Powers of Communication shall furnish a signed certifcate of insurance to the City of
Dubuque, lowa 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 IoHia lnsurance
Division or an equivalent. Each certificate shall include a statement under Description of
Operations as to why the certificate was issued. Eg: Short Form Vendor Service Agreement
dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lo�+ia and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be fumished to the Finance Department of the City of Dubuque.
4 The vendor shall be required to carry the minlmum coverage/Ilmits, or greater If required by law or
other legal agreement, in Exhibit L Failure to provide the required minimum coverage shall not be
deemed a vdaiver of such requirements by the City of Dubuque.
5. FaiWre to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The vendor must identify
or list in miriting all deviations and exclusions from the ISOform.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits
shall be this agreement's required limits.
9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the
pertormance of work insurance for the coverages descriCed in this Insurance Schedule and shall
obtain certificates of insurance from all such suhcontractors and sub-subcontractors. Vendor
agrees that it shall be liable for the failure of a subcontractor and subsubcontractor to obtain and
maintain such coverage. The Ciry may request a copy of such certificates from the Vendor.
10. Vendor shall be responsible for deductibles and self-insured retention.
Page 1 of 4 Schedule G Vendors May 2019
Page 7 of 10
Cityof Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers)
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) 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) 550,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not daims 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 0�, or Business ov✓ners 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 Govemmental Immunities Endorsement(Sample
attached).
5) Indude additional insured endorsementfor:
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) If vendor utilizes Trikkes or Segways in the conduct of business, include an
endorsement reflecting that these vehicles are not exduded from Commercial
General Liability coverage.
8) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS'COMPENSATION 8, EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage 8 Employers Liability
EachAccident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Pollcy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
Nonelection of Workers'Compensation or Employers' Liabillry Coverage under loova
Code sec. 8722 Completed form must be attached.
Page 2 of 4 Schedule G Vendors May 2019
Page 8 of 10
City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers)
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coveragerequired: _yes X no
PolWtion liability coverage shall be required if the lessee, contracting parry, 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.
EachOccurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations)or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,�00,000
Coveragerequired _yes X no
Provide evidence of coverage for 5 years after completion of project.
E) CYBERLIABILITY $1,�00,000
Coveragerequired�. _yes X no
Coverage for First and Third Party liability induding but not limited to lost data and
restoration, loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $1,000,000
_yes X no
Umbrella liability coverage must be at least follo�,ving form with the underlying policies
induded herein(General Liability, Automobile,Workers Compensation).
Page 3 of 4 Schedule G Vendors May 2019
Page 9 of 10
City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers)
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv.The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lo�va under Code of lowa .
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe.The insurer further agrees that this policy of insurance shall cover only those �
claims not subject to the defense of govemmental immunily under the Code of lowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of lo�va
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government ImmuniN.The City of Dubuque, lowa 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 Coveraqe. 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, lo�ma under this policy for
reasons of govemmental 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, lowa.
No Other Chanqe in Policv.The above preservation of govemmental immunities shall not otherovise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKSAND CHECK BOXES)
Page 4 of 4 Schedule G Vendors May 2019
Page 10 of 10
Ga�r� C�� sF�N1�
Dubuque
THE CITY OF �
All�America City
DuB UE ,:'�
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TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager;�`,�� ��
SUBJECT: Contract for Census 2020 Complete Count Consultant
DATE: September 9, 2019
This memo transmits two originals of the contract for the Census 2020 Complete Count
v�ith the Powers of Communication, led by Jan Powers. The contract has been prepared
by the Legal department. Please sign both copies, and then return to me. Thanks.
Enclosures
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Laura Carstens
From: dbqforms@cityofdubuque.org
Sent: Tuesday, August 6, 2019 12:42 PM
To: Juanita Hilkin; Laura Carstens
Subject: Your memo submitted on 8/2/2019 titled Census 2020 Complete Count Campaign—
Seleded Consultant has been Approved
Attachments: Memo to City Manager.pdf
Your memo Census 2020 Complete Count Campai�n—Selected Consultant submitted on 8/2/2019 has been:
CityManagerActions: Approved
Meeting to be Scheduled by:
The City Manager has made the following comments:
1
Dus - E ' ' ' ' �
Mnsteqrre�cmilheM&�Ccsl��pi
Year 2019
Date ofyour memo* $�z�2019
From* Laura Carstens
Email* Lcarsten@cityofdubuque.org
Department* Planning Services
Subject* Census 2020 Complete Count Campaign—Selected Consultant
�arre as suLyeci line en yair rrerro
Comments Updated as requested
Attach Memo Memo MVM Census 2020 campaign consultant
159.SKB
selection.doc
Census 2010 summary report.doc 2.84M6
Resume-July 20�9.doc 32.SKB
Professional and Work E�oerience related to
18.2KB
Census 2020 Public Relations ConsWting.docx
Estimate for Services for Census 2020.pdf 117.36KB
All attachrrents shc�tld 6e In Vsord forrtel(ff�)or�farret _
Action on Memo
Tody's Date 8(6/2019
Todays Time 12:40:36 PM
CityManager's f•' P,pproved
Action C' Deny I
r Requests a Meeting ��
t Memo Read/Received by City Manager �
T Questions/Directions/Changes
+" Delay Reminder to MVM for Number of Days �
City Manager Notes
to Laure Carstens �
CC to Staff r CC Additional Staff on NR/M Response to Originator
Department Staff Notes
Department Notes
City Manager Staff Action �'
Staff Action r CC to Small Group
. rJ CC to News Letter �
r Print for MVM
r Should place on City Council agenda by the department -
Comment for News NL misc(this one)
Letter
THE CITY OF Dubuqu2
DUB E w�ne�nc�eiry
I,.I I,i 'I
Masterpiece on the Mississippi Z°°''z°'Z
2013•2017
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager `�� -
SUBJECT: Census 2020 Complete Count Campaign — Selected Consultant
DATE: August 2, 2019
INTRODUCTION
The purpose of this memo is to request your approval to hire selected consultant, The
Powers of Communication (led by Jan Powers) for the Census 2020 Complete Count
Committee campaign. Supporting documentation is enclosed.
BACKGROUND
On March 7, 2019, the City Council approved the Planning Services DepartmenYs
budget improvement request to retain a consultant to assist with the logistics,
communication, marketing, outreach, and advertising associated with a Census 2020
Complete Count Committee campaign. The total project budget is $24,200.
This campaign would spread the word about the importance of the 2020 Census and
seek to motivate every resident to complete and return their Census questionnaire. The
process would include a collaborative process with organizations, colleges, universities,
and residents, with a focus on outreach to traditionally undercounted community groups
like the Imagine Dubuque engagement model.
On July 23, 2019, you approved the Census 2020 Complete Count -- City Work Group:
Laura Carstens, Planning Services Manager
Guy Hemenway, Assistant Planner
Randy Gehl, Public Information Officer
Craig Nowack, Cable TV Coordinator
Nikki Rosemeyer, GIS Coordinator/Analyst
Alexis Steger, Housing & Community Development Director
Jerelyn O'Connor, Neighborhood Development Specialist
Kelly Larson, Human Rights Director
DISCUSSION
The Powers of Communication, led by Jan Powers, was the consultant retained for the
Complete Count Committee campaigns for the 2000 Census and 2010 Census.
1
The 2010 Census Complete Count Committee campaign was very successful.
Dubuque's final mail-in participation rate was 84% ranking us #37 of the Top 50 places
with a population over 50,000 in the U.S. for mailed-in forms. Dubuque was the highest
ranked city in lowa, and the only lowa city in the Top 50. _
Enclosed is the City of Dubuque Census 2010 Awareness Campaign Summary Report.
It describes the outreach efforts to underrepresented groups of the 2010 Census
campaign developed by The Powers of Communication. �
Enclosed is the July 2019 Resume and Professional, Work and Volunteer Experiences
related to Potential Census 2020 Public Relations Consulting for the City of Dubuque
supplied by Jan Powers. These documents describe her qualifications and experience,
including her Census-related work with the City's 2000 and 2010 Census for outreach to
underserved groups in our community. Ms. Powers has worked on other large-scale
community-wide outreach projects: Envision 2010 and Every Child Every Promise.
Ms. Powers has worked with current or former clients serving under-served populations,
such as: Dubuque Community Schools, Hillcrest Family Services, Hills & Dales, ECIA,
Scenic Valley Area Agency on Aging, YMCA/YWCA, Carnegie-Stout Public Library,
Archdiocese of Dubuque, and Greater Dubuque Development Corporation. In addition,
she has served on the boards of organizations that serve various targeted populations.
BUDGETIMPACT
The cost for The Powers of Communication consultant services is $14,200 as listed in
the enclosed Estimate for Services for Census 2020.
In addition, the project has $10,000 for marketing, outreach, and advertising. This
funding will include focused engagement to hire community members from groups most
likely to be undercounted to serve as cultural liaisons and assist Ms. Powers with
outreach events. For example, we would pay something like $10 an hour for a certain
number of hours particularly focused on reaching Marshall Islander, Latino, and
homeless populations. Building on what we did successfully with Imagine Dubuque, we
would meet people where they are in ways that are comfortable to them. This would
include using liaisons to meet people at the places where they are likely to be.
RECOMMENDATION
The Census 2020 Complete Count -- City Work Group recommends that the City of
Dubuque hire The Powers of Communication as the consultant for the Census 2020
Complete Count Committee campaign. We did not consider other firms, based on the
highly successful and inclusive 2000 Census and 2010 Census Complete Count
campaigns organized with the consultant services of The Powers of Communication, as
well as Ms. Powers' varied experience in outreach and working with agencies serving
under-served populations in our community.
REQUESTED ACTION
The requested action is to approve hiring The Powers of Communication as the
consultant for the Census 2020 Complete Count Committee campaign for $14,200.
Enclosures
2