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Contracted Services Agreement - Inclusive DubuqueCity of Dubuque City Council Meeting Consent Items # 18. Copyrighted June 21, 2021 ITEM TITLE: Contracted Services Agreement— Inclusive Dubuque SUMMARY: City Attorney recommending approval of the Contracted Services Agreement with Inclusive Dubuque for the City's financial support for Fiscal Year 2022. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Inclusive Dubuque Contracted Services Agreement- Crenna Memo Staff Memo Contracted Service Agreement Type Staff Memo Staff Memo Supporting Documentation THE CITY OF DUB E Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. CITY ATTORNEY MEMO To: Mayor Roy D. Buol and Members of the City Council DATE: JUNE 16, 2021 RE: Contracted Services Agreement - Inclusive Dubuque Dubuque AII•Ameriea City 2007-2012.2013 2017*2019 Economic Development Director Jill Connors recommends City Council approval of the Contracted Services Agreement with Inclusive Dubuque or the City's financial support for Fiscal Year 2022. The adopted Fiscal Year 2022 operating budget reflects a payment of $75,000 to Inclusive Dubuque, for financial assistance to engage and coordinate a network of leadership from diverse communities within Dubuque to provide a coordinated, collaborative approach to supporting a more inclusive community. This will be accomplished through the convening and facilitation of conversation with sector groups to explore ways to further equity and inclusion in their sector. This work includes the Inclusive Dubuque Network; Peer -Learning Council; Business Leader Equity Cohort; Community Racial Equity Profile; Immigration Assessment; AIIofUS Campaign; Restorative Strategies; Julien Dubuque International Film Festival (JDIFF) Sponsorship; and Equity Speakers, Communications, and other Equity Training Opportunities. I concur with the recommendation and respectfully request Mayor and City Council approval. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org THE CITY OF E Masterpiece on the Mississippi Dubuque AII•Amerin City NniK���i rnz: u;v�ur 2007-2012.2013 2017*2019 TO: Crenna M. Brumwell, City Attorney FROM: Jill M. Connors, Economic Development Director SUBJECT: Contracted Services Agreement— Inclusive Dubuque DATE: June 15, 2021 INTRODUCTION Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org Attached for City Council approval is the Contracted Services Agreement with Inclusive Dubuque for Fiscal Year 2022. Inclusive Dubuque furthers the City of Dubuque Goal: Partnership for a Better Dubuque: Building our community that is viable, livable and equitable. DISCUSSION The adopted Fiscal Year 2022 operating budget reflects a payment of $75,000 to Inclusive Dubuque, for financial assistance to engage and coordinate a network of leadership from diverse communities within Dubuque to provide a coordinated, collaborative approach to supporting a more inclusive community. This will be accomplished through the convening and facilitation of conversation with sector groups to explore ways to further equity and inclusion in their sector. This work includes the Inclusive Dubuque Network; Peer -Learning Council; Business Leader Equity Cohort; Community Racial Equity Profile; Immigration Assessment; AIIofUS Campaign; Restorative Strategies; Julien Dubuque International Film Festival (JDIFF) Sponsorship; and Equity Speakers, Communications, and other Equity Training Opportunities. The reporting requirements are as follows: 1. Progress reports will be submitted quarterly. 2. Quarterly reports will be submitted using a form on the City's website. 3. Quarterly reports will include equity and inclusion reporting. 4. Audit reports are due within 60 days of audit completion. RECOMMENDATION/ ACTION STEP It is my recommendation that the City Council approves the attached Contracted Services Agreement with Inclusive Dubuque, and authorizes the Mayor to execute the contract on behalf of the City. 2 AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND COMMUNITY FOUNDATION OF GREATER DUBUQUE THIS AGREEMENT, dated for reference purposes the 1st day of July, 2021, is made and entered into by and between City of Dubuque, Iowa (City) and the Community Foundation of Greater Dubuque (Agency). WHEREAS, City desires to engage the services of Agency to furnish professional and technical assistance in connection with Inclusive Dubuque as described in Exhibit A (Scope of Work); and WHEREAS, Agency has signified its willingness to furnish such services to City upon the terms and conditions set forth herein. NOW THEREFORE, in consideration of their mutual promises hereinafter set forth, the parties hereto agree as follows: SECTION 1. SCOPE OF SERVICE Agency shall provide within City following services: (A) Further City's Goal of Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable; (B) Commence work upon execution of this Agreement by both parties, and fully perform the services described in Scope of Work in Exhibit A and comply with City Council goals and priorities set forth in Exhibit B. (C)Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. SECTION 2. CITY RESPONSIBILITIES 2.1 City designates the Human Rights Director, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 061520521bal 2.2 In the event that any reports, records and maps are existing and available and are useful to carry out the work on the Scope of the Work, City shall promptly furnish such material to Agency. 2.3 City will provide opportunities to demonstrate this support by inviting the President of the Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: (A) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts; (B) The opportunity to attend intercultural and equity workshops offered by City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within Agency and through Agency's work; (C)Assistance in creating semi-annual status reports that demonstrate the ways in which Agency's efforts are advancing equity and inclusion; and (D)Access to City's equity toolkit. SECTION 3. TIME OF PERFORMANCE The term of this Agreement shall be from July 1, 2021 through June 30, 2022. SECTION 4. COMPENSATION 4.1 City shall pay Agency Seventy -Five Thousand Dollars and 00/100 ($75,000) as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. 4.2 The compensation shall be paid by City to Agency on a quarterly basis, payable September 30, 2021, December 31, 2021, March 31, 2022, and June 30, 2022, within ten (10) days after receipt by City of a requisition for such sum from Agency. SECTION 5. AUDIT AND EVALUATION Inasmuch as the funds to be provided to Agency by City are public funds, the Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of 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. 061520521bal SECTION 6. REPORTING AND MONITORING 6.1 Agency shall comply with the City of Dubuque's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency: https://www.citVofdubugue.org/FormCenter/Budget-15/Contracted- Services-Performance-Report-208 6.2 In alignment with the City Council's priority of racial equity, Agency must demonstrate how their efforts advance equity and inclusion. This should include program - level data disaggregated, at a minimum, by race, and also by any other demographic the Agency has prioritized. Agency should also identify community -level outcomes in which they are actively working to advance the racial disparity. 6.3 The online quarterly reports shall be due on October 15t", January 15t", April 15t" and June 30t". Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. 6.4 If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within sixty (60) days of audit completion. The Audit shall be submitted as either an electronic or paper document to the Economic Development Director. SECTION 7. DISCRIMINATION 7.1 In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 7.2 Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activities funded in whole or in part with 061520521bal any of the funds made available to Agency under the terms of this Agreement because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. SECTION 8. TERMINATION OF AGREEMENT If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if 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 and specifying the effective date thereof 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 (30) day period, this Agreement shall be deemed terminated at the end of such thirty (30) day period without further action of either party. Upon termination of this Agreement, Agency shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. SECTION 9. ASSIGNABILITY Agency shall not assign any interest in this Agreement without the prior written approval of City. 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 C. CITY OF DUBUQUE, IOWA COMMUNITY FOUNDATION OF GREATER DUBUQUE By: Dan S rank, Mayor Pro Tern ATTEST: By:W 2,c Adrienne Breitfelder, City Clerk By: Paul Duster, Director of Community Initiatives 061520521bal EXHIBIT A SCOPE OF WORK Best Practices in Diversity, Equity and Inclusion Sponsor this popular eight session peer -learning workshop. This training series empowers individuals, businesses, non -profits, and organizations to create pathways to lead to increased self-awareness, recruitment, retention, and workplace culture around DEI concepts. These workshop sessions are led by local diversity and inclusion educators and practitioners, and include local testimonials of DEI practices shared by both presenters and program participants. Inclusive Dubuque Network The Inclusive Dubuque Network stakeholders continue to gather on a quarterly basis, providing an opportunity for network partners to share updates on DEI training opportunities, discuss recent local and national DEI issues, and share personal or organizational stories of their DEI challenges and successes. Each quarter 30-50 partners attend these network meetings. Peer -Learning Council The PLC has representation from higher education, human resources, faith, nonprofit, and government sectors, all with DEI expertise and practice. This group meets on a quarterly basis, or more frequently as needed to prepare for the Best Practices sessions. Continue to run and develop the Best Practices in DEI Training Series • Guide the support for past and future Best Practices participants • Any other equity educational opportunities, including responses to the community regarding hate/bias incidents, community conversations, etc. Business Leader Equity Cohort This group of executive level leaders (Presidents, C-Level executives, and business owners) continue to gather on a bi-monthly basis to discuss the impact that the changing demographics have in recruiting and retaining minority employees for their organizations and to our community. 061520521bal Community Racial Equity Profile Initiate a second iteration of this Equity Profile, leveraging recently completed 2020 census data and community surveys. Immigration Assessment In partnership with the Dubuque Religious Sister's Collaborative, GDDC and NICC, we are conducting an Immigration Needs Assessment for our community. The work is focusing on identify our immigrant population in our region, mapping the support services currently available and identifying any gaps in support. AIIofUS Campaign Continue to promote and build community endorsement of the AIIofUs Dubuque communication campaign which highlights that the best and perhaps only way to conquer the coronavirus is for All of Us to work together, united as one community. Restorative Strategies Develop and establish this restorative justice program as an alternative to the juvenile justice system by helping set Dubuque County teens on a path to becoming productive citizens and finding future success. With a focus on middle and high school -age youth, the Restorative Strategies program is a collaboration among civic institutions, service providers and volunteers that addresses accountability for rule -breaking, reparation, reconciliation and, ultimately, reintegration with the community. Julien Dubuque International Film Festival (JDIFF) Sponsorship We've continued to be a supporter of the JDIFF, sponsoring films that highlight equity and diversity issues in our community. Use of this new medium (film), in a new venue, sparked conversation with an expanded audience about the relevance of inclusion and equity in our local community. Equity Speakers, Communications, and other Equity Training Opportunities 061520521bal Continue to promote the "I'm a Dubuquer" campaign, including a partnership with Travel Dubuque to incorporate an updated version of the campaign in their promotional materials. • Identify opportunities to coordinate with partners in the community to bring DEI speakers to Dubuque (for example, Faces and Voices speaker for the MLK breakfast) 061520521bal k OIL - CONNECTING PEOPLE. STRENGTHENING THEE II rnmM"I I Tl. Everyone deserves to live in a place Indusive Dubuque where they are res pected, va lued and engaged in civic life. Thats the philosopher that guides the Inclusive Dubuque network. Since 2012, our diverse group of partners has worked together to drive transformationat change in Dubuque by reimagining systems, fostering a culture of inclusion, and advancing justice and social equity in all areas of community life. 061520521bal Why It Matters Our region is growing more diverse, However, many min oritycommunities in Dubuque havehistorica.11y lacked access to resources that enable them to thrive. Furthermore, residents of diverse backgraunds have experienced hostilities that make them feel urw elrome. To drive economi€growth retain residents and affirm the h umanity of all peop le, everyone m ust feel welcome and have the ability to achieve their RA potential. Our Unique Role WE are conveners and oallaboratars,fa€ilitating impartant conversatians and developinig systemic 54lUtions to equity issu 5,5u€h as: • Preparing minority and first -generation college students for careers_ • Improving access to health and wellness resources like brain health services. • Bridging language and cultural barriers so immigrants can fully participate in the community. • Preparing, attracting and retaining a diverse workforce. H osted by the Community Foundation of G reater Dubuque, Inclusive Dubuque leverages retati or* hi ps with nonprofits, government entities, businesses and genera us community members to realize as hared visionfarDubuque- Avibrant and inclu3ive region with resources and opportunities for all- 061520521bal How It Works Relationships and community knowledge are at the root of our work. Our partners are local residents and leaders who, through meetings, teaming opportunities and workshops, identify ways to drive equitable opportunities for all people- 0 ur Accomplishments • Engaged more than ZSOO community members to conduct a Community Equity Profile that identifies residents' diverse experiences and needs. Convened sector groups with more than90 community members to addness systemic challenges related to health, education, transportation. neighborhoods, economic well-being. and arts and culture_ • Convene a Eusi n es s Leader Eq uity Cohort for [cod executives to bui Id a divers a and inclus ive workforce. • Offer diversity, equity and inclusion workshops for nonprofit, civic and business prafessionats. • Spans or and organize public events focused on fostering a eammunitFwide culture of inclusion. • Publi sh the D ubuq ue Cultural. Resource Guide so residents can find businesses and services catering to unique racial, cultural and ethnic needs_ EXHIBIT B CITY COUNCIL GOALS & PRIORITIES 061520521bal The Dubuque City Counr~iI completed its annual goal -setting sessions in August when City Council members adapted a 15-year vision statement and mission statement -and identified eight five year goals for the city_ They also identified tap and high priorities for a 2020-2022 policy agenda as well as a management agenda for projects and initiatives planned for 2020-202-2. Policy Agenda Policy agenda items are issues that need direction ar a policy decision by the City CvLmril, cu need a major funding decision by the City COMCfl, or issues that need City Council leadership in the community or with othErgovernmenialbodies Thepolicyagenda is divided into top priorities and high pdaQitiErL 2020-2022 Top Priorities (in alphabetical order): • Chaplaio- Sdrmin Island Master Plan: Inepaemenlation 2 Phasing • dream CenterFadli4es and Ftcyrams: Sei Suff9d9n[y 5ddgio-net Funding • Eq&AleFine and Feeitefwrn:ReporkEQiredionandActiors • EquhahleImityPreMen4onPdnlmplemEntatio-n • FsumainofYaurk:Additionak9inding • OnalitlA$adable#IousitgCrsaitim:Oirsctior.and Citykftns 2020-2022 High Priorities }? (in alphabetical order): •Afftsand {viRlreklasterPlanlnomwnbtion:Update Rapart Diremon,and Actbons •,4rts4peradngrarartsanofArt onthe Wwr..Update Raport Funding, diremon, and CttyAdfon * Chkcarel*d3tim. Uutrnrnas, City Role,'afters.airertion and Ci y A6M, * Cade of Edr modal Phediia for Mayor and sty CDO II: 6eueloprnent and Adoption • Food Ipimm t7_ RWrLV6 Endings and Options, Diredim, Crry Alions,and Funding(indvding Fond Deserts andGromyStore Attrackn) * Foortill,msndsMEMrPtagram:Funding 061520521bal Management Agenda Management algendaitems are issues for which the City Co=d has set the overult direction and provided initial landing, may require further City Ciouncilactiert or funding, arare majarmanagemeut projects that moy take multiple years to implement The management agenda isdh ided into top priaritiEs and high prioriities. 2020 - 2022 Top PTjaritie 9 } } (in alphabetical order)- ■ Bee BrandrCntkftnject.NextStops ■ Ck Racial Equiq Toolkit ImV1en3ent3don • Community CamerasPnagram ■ COVIa79Respomr-Updat-RepwandHej!Staps ■ DabdqueReerfmnlMaster Mn�USA. CorgsafEngineers] • TrafAr Signal Sydd rDniuUon ME€TS Program: Update Report. Diremon • YriongCruisLDes mtionReparabon:Dired5on,Attians<end Funding 2020-2022 High Priorities }} (in alphabetical order)- * dupam Parfthgrmmeat Reg Steps • EmetgencySmvirinTmt Camp: Next9taps ■ Grand RererCarrtefRt FeOpmtionKRFP,air don, and Agreement * HumaitNEwum PolidesandHandhoot Wsion * Sd ool Besodfco CrI ivem: Dire don end Funding ■ Smad MohlitX:P3rking Strum¢reIrrmprmmrnentr,Tecbnotagy Flurchaw, 3r;d Othv dons City of Dubuque Goals 22 Mauagement in Progress T + Federal6pprorhrnttyZonas: direction and Next Sups; AdmcaCj • 9rawnfetd GTanft • 9usinessDenlopmentatttwXpoet:Uninomitgofdlehugde • OppartunhV DubuqueJorhiraining Program + tndustrieINrkDeYEHWmanrNeut54s • Air SerAmEKparaion_CrtyAcdarsend FundingFarGuaranwe • FarradeLoanftgrenr:FutureFunding Management ha Progress T • 'Matgrrand Resourca bawoq C Iur (WRRC� CNfifka bon of Environmental Laboratory forAnaty'sis of RuWants • Cornput*r-Aided Design {(AQ]{annecliontnC#CamerasNetwork • Communication Nateorul Oua. tyAssuasnce: FY 22 Budget Funding • Hnmarse DderyContradRenewal • Palloe Department ResAmeditation- Direction and: funding • Crescent Community Health Cenler Expansion for h6vioral Haalth • PM Radio Systrrm Implementedw • Fire DagrertmentR&Arasdiub-on: CarnplWion • Traffic Cammh-tallation • €?ispatchar7raining Program + Fire Sratian h Bnildireg Saf$ty Canoerm_ Direction • 9-1-1 itaifingaaoges • Lead Grant Apptimtion::nrhmihaG • Crime Preyerrtion Rogram: EMaluatian bpcut Best Pradks,Oireciorrand City Actions • EquitAteComrnunikyAorionsPlan: Orstoomes.ICaportwith00ors.DMKCP�n and Adtion major Pro�eets T + FiireHaedquarmsandStations5DAComptence •CrincemCamrnunilrHealth Centar.{linic .a * Fire 'Linen H'AA.0 and Lighting Improvements= RFP and Funding r' • MuldoulwratFamily Carrter-{onshwrWri&L-quipping 061520521bal UBIlSpment in Progrie ss V ■ CGda EnioroamerrtAcoala Pragrarn: FY'22 BudgetFun&ng Dmvrulhn Cnmmarda4Buildings Profad + CHANGE "rem: Implementation + ImagineDvbuquelmplernewadon Major Projects T • Lowell StmertRetaining NORepair Fundinggf_onstruEfion • HiVMcMillwo4District Parking tocand Signage Management in Progress T +Car•.egraphAssetWnagementS"mEgmnsron * Ir"marProcess foTL4uor€ioerLeApproval +CanifiedFinancial Poeper#SafhraeeCamr@mion + Ind 'iredRate for Grarrt IFY-29udgaJl*qum + Firaandal ManagementSuftware: Study and Draft RFP * GDA€mrnpliancekansitionReWrt + InVisionFacilit'jManagemertkh-wueInnplemeerWtion • MayorRCity CoundrAppo merrtofRawCivClerk Dgital Signatures: Paliry and Qiremon CityNdmmrema Measures: Implementation C#5l%WrkfremHoenaOp&m-Dimaienand Adions a SaaatePerfomommlashkaerdlmplemerAs6Dn_HextStaps 9-1-1 Comm[miratemra Center. REFNNDtie5on rrdh Dutwque Caursty a Citywide DepuLrwrrtalWorkOrder Systemlmpememation t Centralized Facility Moints%ance and Management' Doper nieni'- Report,Di,sati n,endActions a Citj€egisIalim Lobhyin@Wvoory: '2V1 Logislsfw Prioeiiies MRnagement m ftog en T + Sankery Sam SpRrnConditionAssmmentFY'22Budget t Suer[nE&-MLcNreAsset Management Plan:Camultant Lead andCWper Rule CDmpkanoaWBtmSimp[ing aad'esting {AnrWarf t GrnworgStrstaimable{nmmunhiesf-onierlorme:E.Ktanaon PuhlicEducolima ten BikeableiWalkable Dubuque. Funding FY 22 a Flood Control Spstem= Corps of&gineersFtio-jarlApprvrel a Fats, Oils. Greeses(FOG)ftgranxAcIions a. WRRC EnviranmervWr Coordinator. Hired b- Program Revision:Afgn Enforcement and Crdinance L Marketing Strategy + PollinatmrHabitat inPark 3ys6am:Research andFvrsdingFTI-2 + 5 %^1 2MCommunRyQim2teXifimn&9esilientyiKan- D ipxffun and City Actions + Emerald Ash 9orer"Fam + ViaterandResouroeRecevoqCerrter:NutriemTradingand Funding • LandfilUrllednaneGo: lmplemertutiDn 061520521bal Major Projects 7 + City Hall Annex WirAm Rs woment Funding R-22 Major Projects T 17dro UestLo=tHUDResiriwKe Sturm Sewer lmprownnomtFrojea r PAvFi dr =Imi allatian[formerYemon Meer 5�'stsmj i Managemelmt in Progress T Major Projects T * F- B. Lyons Center Partnersh;p Development Agreement Eagle Paint Park ErnrFronrnental Restorarten YrnJect * �brary MarkmingCarnpaign:Daision ■ Bunker Hill Goff CwmeInigatan ■ AP.HHCarps Potential Er pansior.5rea + {omiAgPark Renoyation * Changing Lives Tbrough Literature Program ■ Engkish Ridge SubdMzio-n Park: Funding, Ptanning, andConmdian * Leisure Service Registration System: PerEhassand + Veterans Hanno"I Plaza dedication trnplemerMUdDn ■ Grand kiwrr{enAer. Upgrade Projects + Eagle VaNgSdbd-ivisianPak Funding,Pknning,andConshudhon EqkII LBbleii olop Irdrastrucluie, and Mobi ManagemeDt in Progress T Major Projects T ■ VTR in Fcoed Route: Exploration and Fending Ff'22 + Hghway52 Repaying + SmartTodfar Integrated NrkingPletro-nn_Pilot Program an& a. PhaseI-CantralAve {2lstin32ndjPayvrraentRehah FundingFY'22 b. Phase2.KhiteStnaet(llthta2loPmrrpontR@Iuh ■ Parking9arnpsStu turalAnelksc c Phase3.WhN(9thtol'1thl11thfh'RotoElrn)hmmvd +ComprosrensrwaPevemecrtPreservatian d. Phaw4-CenMIAtie(ftIo2lst�PavernentRehab + WrFi en int-omwmal and lnt-ernyodal Lohby: I rrsgrlgmerrtatio-n ' Washingmn Street tnVrowrnerrts (7th m 9ffi = Cornpletio-n, Fuming FY 21- * PubiKgears�parhetionCustamerA�p:lrnpletneniatpn Waidog o•n iuhlre dewtlopmentef buildings. Fmlin nary design camplete. ■ QoxntownParking Ordinance: Major RsOi ion + Faer-Leniry S VftwstktarW: Comple•,io-n • StrMklaintemrAmProgram- tnaaasedFunding + Uha4emeleRoad Rehabilitataon * Gamplese Streets Pinky Implementation: Data C.allectionand ` ClwmeBa Road HiUBikeTrail Update?apart + Nortls>.os AmmrialiUKrade * Communitp BroadbandSmims Enhanoemantr: Implemerh + North{aa®de biwistrUction ■ Raundabci= Funding For Cite Council contact mformation, visit www.cityafdubutlut,.ergfcitgcounc3l or c&H 563-589.4100. CUUM o"WM 061520521bal EXHIBIT C INSURANCE SCHEDULE INSURANCE SCHEDULE G 061520521bal 1. Agency 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. 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 I. 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 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 service provider must identify or list in writing all deviations and exclusions from the ISO form. 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 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 deductibles/self-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. 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 mutual agreement of the parties. 061520521bal 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) $50,000 Medical Payments $5,000 a) 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. b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." c) Include endorsement indicating that coverage is primary and non-contributory. d) Include Preservation of Governmental Immunities Endorsement (Sample attached). e) 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. f) Policy shall include Waiver of Right to Recover from Others endorsement. B) 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 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 85.1A, 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. 061520521bal INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY Coverage required: _ Yes _*_ 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. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required: _ 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. E) CYBER LIABILITY/BREACH $1,000,000 Coverage required: Yes _*_ No Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. F) UMBRELLA/EXCESS $1,000,000 Coverage required: _ Yes _*_ No The General Liability, Automobile Liability and Workers Compensation 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 Waiver of Subrogation and Primary and Non-contributory in favor of the City. 061520521bal Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. 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 is 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 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. 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. SPECIMEN 061520521bal