Contracted Services Agreement - Travel Dubuque/Dubuque Area Convention and Visitors BureauCity of Dubuque
City Council Meeting
Action Items # 4.
Copyrighted
June 21, 2021
ITEM TITLE: Contracted Services Agreement - Travel Dubuque/Dubuque Area
Convention and Visitors Bureau
SUMMARY: City Manager recommending approval of the Contracted Services
Agreement with the Travel Dubuque/Dubuque Area Convention and
Visitors Bureau for the City's financial support for Fiscal Year 2022.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
FIN aL[O]:ILyil21zIII l+]
Description Type
Travel Dubuque Contracted Services Agreement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Contracted Service Agreement Supporting Documentation
Dubuque
THE CITY OF
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All-America City
U B ' 111. '
13
Masterpiece on the Mississippi zoo�•*o
YP PP Zoi720zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Contracted Services Agreement - Travel Dubuque/Dubuque Area
Convention and Visitors Bureau
DATE: June 15, 2021
Economic Development Director Jill Connors recommends City Council approval of the
Contracted Services Agreement with the Travel Dubuque/Dubuque Area Convention
and Visitors Bureau for the City's financial support for Fiscal Year 2022.
The Adopted Fiscal Year 2022 operating budget provides a payment of $897,873.
Travel Dubuque/Dubuque Area Convention and Visitors Bureau receives 50% of the
hotel/motel tax received by the City of Dubuque. Due to the pandemic, actual hotel
motel receipts received in March 2020 — December 2020 were significantly lower than a
normal year. The computed 50% payment to Travel Dubuque for Fiscal Year 2022 is
$897,873 using actual hotel motel receipts from March 2020 through December 2020 —
and this is the amount approved in the Adopted Fiscal Year 2022 Budget. However,
applying 3% growth to the Fiscal Year 2021 hotel/motel payment to Travel Dubuque
assuming that the pandemic did not happen, would have resulted in a payment of
$1,168,300. A portion of the American Rescue Plan Act funds are being recommended
to be used to increase the payment to Travel Dubuque by $270,427. The Fiscal Year
2023 payment to Travel Dubuque will also be increased and recovered from the
American Rescue Plan Act funding based on actual hotel/motel receipts.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill M. Connors, Economic Development Director
THE CITY OF
E
Masterpiece on the Mississippi
Dubuque
AII•Amerin City
NniK���i rnz: u;v�ur
2007-2012.2013
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
Economic Development
Department
1300 Main Street
Dubuque, Iowa 52001-4763
Office (563) 589-4393
TTY (563) 690-6678
http://www.cityofdubuque.org
SUBJECT: Contracted Services Agreement— Travel Dubuque/Dubuque Area
Convention and Visitors Bureau
DATE: June 15, 2021
INTRODUCTION
Attached for City Council Approval is the Contracted Services Agreement with Travel
Dubuque/Dubuque Area Convention and Visitors Bureau for Fiscal Year 2022.
DISCUSSION
Travel Dubuque/Dubuque Area Convention and Visitors Bureau receives 50% of the
hotel/motel tax received by the City of Dubuque. Due to the pandemic, actual hotel motel
receipts received in March 2020 — December 2020 were significantly lower than a normal
year. The computed 50% payment to Travel Dubuque for Fiscal Year 2022 is $897,873
using actual hotel motel receipts from March 2020 through December 2020 — and this is
the amount approved in the Adopted Fiscal Year 2022 Budget. However, applying 3%
growth to the Fiscal Year 2021 hotel/motel payment to Travel Dubuque assuming that the
pandemic did not happen, would have resulted in a payment of $1,168,300. A portion of
the American Rescue Plan Act funds are being recommended to be used to increase the
payment to Travel Dubuque by $270,427. The Fiscal Year 2023 payment to Travel
Dubuque will also be increased and recovered from the American Rescue Plan Act
funding based on actual hotel/motel receipts.
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 instead of 60 days after
year-end.
RECOMMENDATION/ ACTION STEP
It is my recommendation that the City Council approves the attached Contracted
Services Agreement with Travel Dubuque/Dubuque Area Convention and Visitors
Bureau and authorizes the Mayor to execute the contract on behalf of the City.
2
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE AREA CONVENTION AND VISITORS BUREAU
(a.k.a.TRAVEL DUBUQUE)
THIS AGREEMENT, dated for reference purposes the 1st day of July 2021, is
made and entered into by and between the City of Dubuque, Iowa (City), and the Dubuque
Area Convention and Visitors Bureau (Agency).
WHEREAS, City, as the recipient of certain hotel and motel taxes, is permitted by
Iowa Code Chapter 422A, to spend such tax receipts for the promotion and
encouragement of tourist and convention business in City; and
WHEREAS, City has agreed to provide certain financial assistance in an amount
equivalent to fifty percent (50%) of the hotel/motel tax to enable Agency to carry out such
tourist and convention development on behalf of City; and
WHEREAS, City has agreed to provide certain financial assistance on an annual
basis as part of City's budget process to fund Sister City activities; and
WHEREAS, Agency represents itself as technically and professionally qualified to
provide services to effectively promote and develop the tourist and convention business
for City.
NOW THEREFORE, in consideration of their mutual promises hereinafter set forth,
the parties hereto agree as follows:
SECTION 1. SCOPE OF SERVICES. Agency shall:
(A) Further the City of Dubuque Goal: Robust Local Economy: Diverse Businesses
and Jobs with Economic Prosperity;
(B) Undertake such services that are necessary and requisite to carry out a Program
of Work as will be described in a Convention and Visitors Bureau Business and
Marketing Plan that will be submitted to the City Manager no later than December
31, 2021;
(C) Retain competent and qualified staff under appropriate supervision to plan and
implement the Program of Work in an efficient and timely manner;
(D)Maintain a Tourist Information Center throughout the entire year;
06172021bal
(E) Continue marketing conventions at the Grand River Center and Five Flags
Center;
(F) Continue marketing of the National Mississippi River Museum and Aquarium;
(G) Comply with City Council goals and priorities set forth in Exhibit A; and
(H)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 Economic Development 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.
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 support for equity and inclusion by
inviting the Executive Director of 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, Exhibit C;
(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 quarterly 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.
K
4.1 City shall pay to Agency an amount not to exceed $1,168,300 (which represents
fifty percent (50%) of the hotel and motel tax received by City for the period of March 1,
2020, through December 31, 2020, with an additional $270,427 from American Rescue
Act funds. Such payment shall constitute full and complete compensation for all services
to be rendered including personnel costs, travel, printing and publications, and all other
expenses.
4.2 The compensation of $1,168,300 for fifty percent (50%) of the hotel motel tax
received by City (which includes $270,427 from American Rescue Act funds) shall be
paid by City to Agency in four quarterly installments upon receipt by City of a requisition
for such payment from Agency. Such payments shall be due and payable as follows:
First Quarter $292,075.00
Second Quarter $292,075.00
Third Quarter $292,075.00
Fourth Quarter $292,075.00
Earlier payment of the hotel motel tax may be requested by Agency to the City Manager
for consideration.
SECTION 5. AUDIT AND EVALUATION.
5.1 Inasmuch as the funds to be provided to Agency by City are public funds, Agency
agrees that it will maintain books of account in accordance with Generally Accepted
Accounting Standards together with necessary documentation to support all
expenditures. The records of Agency, including payroll accounts and other records of
disbursements and receipts, and other records relating to the performance of the activities
herein specified, shall be made available for inspection by City or any Certified Public
Accountant acting on its behalf, in order to ascertain performance of Agency under this
Agreement. Agency agrees to retain such records for not less than three (3) years.
5.2 Agency shall provide the Economic Development Director an annual audit report
as an electronic or paper document not later than October 1, 2021.
5.3 Agency's Board shall appoint an Audit Committee. The members of the Audit
Committee shall be as follows:
Treasurer of Dubuque Chamber of Commerce Board;
City of Dubuque Director of Finance and Budget;
City of Dubuque Finance Manager;
9
County of Dubuque Budget Director; and
Treasurer of Dubuque Main Street
SECTION 6. REPORTING AND MONITORING.
6.1 Agency shall provide City quarterly reports at a regularly scheduled City Council
meeting detailing its activities beginning with the quarter ending September 30, 2021.
6.2 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-Reaort-208
6.3 The online quarterly reports shall be due on October 15th, 2021, January 15tn
2022, April 15th, 2022, and July 15th, 2022. 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 Agency shall provide to City copies of studies, brochures, and other documents,
which may be produced to support and/or otherwise promote the work program of
Agency.
6.5 To assist in coordinating the activities of Agency with City, City's Mayor, one
member of the Dubuque City Council and the City Manager shall be appointed to
Agency's Board of Directors.
6.6 Agency shall appoint a Convention and Visitors Bureau Advisory committee
comprising of no more than twenty-five (25) members appointed by the Board to one-year
terms. The committee members shall include City of Dubuque and Dubuque County
employees and representatives of the tourism and convention industry in the City of
Dubuque. No City or County elected official, City or County employee or member of the
Chamber of Commerce Board of Directors may serve as the chairperson.
6.7 Copies of minutes of all meetings of the Convention and Visitors Bureau Board of
Directors, Advisory Committee and Audit Committee shall be filed with the City Manager
within ten (10) days after each meeting.
SECTION 7. DISCRIMINATION
CI
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; 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
any of the funds made available to Agency under the terms of this Agreement because
of In carrying out the project, Developer 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.
SECTION 8. CONFLICT OF INTEREST. No member, officer, or employee of City
or their designees or agents; no member of the Dubuque City Council; and no other public
official of City who exercises any function or responsibilities with respect to the program
during such person's tenure shall have any interest, direct or indirect, in this Agreement
or the proceeds thereof for work to be performed in connection with the program assisted
under this Agreement.
SECTION 9. TERMINATION OF AGREEMENT.
9.1 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.
9.2 Upon termination of this Agreement, Agency shall return to City all unexpended
5
funds and/or any funds utilized for purposes other than stated in the Agreement.
SECTION 10. ASSIGNABILITY. Agency shall not assign any interest in this Agreement
without the prior written approval of City.
SECTION 11. 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, attached as Exhibit B.
1.1
CITY OF DUBUQUE, IOWA
By:
Danny C. S'prank, Mayor Pro Tern
ATTEST
a4t� Al 6�
Adrienne N. Breitfelder, 6ity Clerk
DUBUQUE AREA CONVENTION AND
VISITORS BUREAU
in
Keith Rahe, President, CEO
Chairperson of the Board
EXHIBIT A
CITY GOALS AND PRIORITIES
The Dubuque City Council completed its annual goal -setting 09
sessions in August when City Council members adopted a 15-yeas
vision statement and mission statement and identified eight five -
yea r goals for the city_ They also identified top and high priorities
for a 2020-2022 policy agenda as well es a management agenda
for projects and initiatives planned for 2020-2022.
Policy Agenda
Folicy agenda itemsareissues that need direction nr
a policy decision by the City Council, or need amajor
funding decision by the City Colutcill an ismes that
need City Council leadership in the community or
with other governmental bodies. The pahGy agenda
is divided into tap priorities and high priorities.
2020-2022 Tap Priorities )}
(in alphabetical order):
■ Chaplain Sdrmitl Island Masterfler: Implemerstation ItKtasim@
■ dream Center Fadlities and FYogram3: Sei Suffidency SddiFianel
Fu nding
* EquitahleFirwandFeeRefomm:Reporf Eiredicnand Acdens
* Equimhle PorertyFrewenticn Pbnlmplemm"im
* FaurrlainofYauth:5dditional9snding
■ Quality Aindable #lousing Cmaboi : 0 ire"n and City Actions
2020-2022 High Priorities }}
(in alphabetica l order):
■ Artsand-Ev#tueekkmmPlanitWmwntr§an_Update Roport
Direction, and Agorae
■ Am Operating GramtSand Art onthe Ri r.UpdataReport,
Funding,Diremon,and Cityrk6on
■ Childcare Ini6atire: Uutc mess City We, ftmers. DirQrtion and
City Amon:
• Cade ofEthi odalWdiaforMayorandQtpCaunril:
Dewoloprnent and Adoption
■ tad Inserarity: Poeport with Findings and Options, Diraitim. 11
Auhm€, and Funding (including Food Deserts and Grocery Store
Attramae)
FoUr Unijndsii RU Pmgwm: Funding
Management Agenda
Management agenda kerns are issues fir which
the City Council has set the over-all direction and
provided initial funding, may re;nU; 'e f,sether City
Council action or funding. or are major management
projects that may take multiple years toimplement
The management agenda is -divided inLo wppdatities
and high priorities.
2020 - 2022 Top Priartde s ) }
(tn alphabetical order}
■ Bee Eramdh Creak ft*rt Ne>d Stegrs
• City Racial EquitpToalk ImpWrnentation
■ CDmnnunily Cameras Pmgwm
■ COW19Respoare_Update RaportandNet tqr,
• UubuqueRimrfmvMasbuPiam(US Arm pCoWul'Engineers)
■ Traf1kSigmai S nd FDni atiaar�MEM Program= UpdateRepork
Diremon
• Yrlong{ruiseDestimticnBr maldon:Diraidw,fictions,emj
Rinding
2020-2022 High Priorities }?
(in alphabetical order)-
• Uupam P'arl*Ayaeemeat RM Steps
■ EnougemgSEMcmYouth Carmp:HeadStap€
• Gwa d Khm {enter FutUne Crpmdon€: RFP, Dh don, and
Aymment
• HunnanAesmacePolidesandiiandhock:R ision
• SchmiResourwCOirer.:0imcuvmandFun-ding
■ Sawdldohilt:PvkingStruaLire lmpnxremants*TedumlV
Purdrasas,and OthwActbrs
9
City of Dubuque Goals
2025
Management m Progress .
• Federal Oppartunity Torras: Diretion and Nmrt Steps; M-vmEy
■ 9rowddd Grarrts
• 9usinmOerselopmantatthaAirpod:Llniversg9Dbbuqu9
■ Opportwhi DubugdeJntrioirNg Program
• Industrial NrkOevEHWrnant.NWSteps
■ AirSarAmExpansion_ CilyAttiara and Funding FarGuaranwe
• Fapole Loan Program: FutureFurading
Management in Progress ■
*WatesandRspArcoReavoJCentsr(WNRCYCerGrie6onafEn4inxrmental
Labaramrp forAnalysi: of Radani s
• Cornputo-r-Aided designI(AD){onnectinnIDCity Cameras Network
■ Comrnilnication National auafq Asnaanie: FY 22 &tdget Funding
* HamarvSxiayContract Ronewal
■ Palios Department ICE-AuvaditAon- Direction and Funding
• CresnentCommunitk Health Center_ Expansion far6elurioral Health
■ FM Radio S}stonn ImplerrantedDm
■ Fire DeW--tmant Pw-kaaditatian: Comploian
* Traffir:Carmen Iniiallation
■ Dispatcheriraining Program
• FimRation 8SLOINNSArtyConawm:Direction
■ 91-1 Starfing',hanges
■ leedGren1Appikation:fiuhmktaF
■ CrimaPraverrtionPtogrim:EvaluationF4eport,BestProd,Eirertirrnand
Oy dirrns
■ 4IOL"Co-mmUnilyPainnsPlan: Ommer,Repartwi6Opttans,Diric
endAltion
major Projects T
* Fire Head quarl,ecs and Sutions ADA Contiptance
* Crinw-lCommurityHealdr CerrterCIWK
■ Fire !twian H'AC and Lighting Impmmvarnenn: RFP and Funding
■ MultioulmrarFamily Center mConnrwtian$Equi�ping
Management in Prcg7ess T
* Cade EnforoomeotAimla Program: FY'22 OudgetFurrd-erg
■ DnwmwnCmmnwrrial Buildings PrDea
* CHANGE Program: Implementation
+ ImaginaNILLqualmpkerrar atkm
Major Projects T
* Lewell Snm Retaining Wa6Repair. FurSdeng&{orestrurf3on
■ kistoricMillworkDishict Parking tat and Signaga
10
Management in Progress T
• Camigrqb Asm Manegem-m.,5ystem Epension
■ InternelPrcumfcrLiquor License Appmwl
■ CertMedFinandalhpimlSafmarsCamrehion
■ Inifiredt AmaforGram: Ff'22 9udgat Request
■ Financial Ilaneg9emwA3chwasa: Study and Oraft RFP
■ ALDACompliancvTrawsFtian Report
■ InVisionFadlityMenegementSa&rraialmplementkon
■ MayiwRCity CourdtAppointmiantofNow CityCkrk
+ agMEl Sigrramm Policy and Dired5on
* City FEorlurrarenaMeasures:lmplamentatian
+ City DAWkrkfrem Home{lptiaras: Dirsdlion ardaVd:lon€
■ SDaate PerfumerimEuG beard Implen€ermetion_ Next Steps
■ 9-1-1 Commtirreurtiorts Center. RE-Hegotia5onwith Elubugoe
Cour%iV
■ Citywide Oepa:trr*MaIWorROrdarSysmm Imp:ementation
+ Centralized FacilityMainterunceaMManagement' Depertrneni':
Report GHBcdem end Actions
+ City €egisleive LbUyinglAdvocacy: 21)21 Legisladw Rrior�ies
Mampment in ProWs s T
+ Sasrdary5ewerSystamConditionAssesamentFY22Budget
+ SEaerrn4&=duce&setManagenwnt!'Ian:Carsultao
+ Lead and {apperRule CornprranoB1WatarSamtrtingarsd;esting
(Annalarr
+ GmrmrgSm�irratileCommunitiesConf.Bmr�-Frpansinn
+ PuWit Eiduoetiun on Bikeable,'Nalkable Dubuque: Funding R U
+ Flood Control System: Corp of&rgineer€PmjectApprowl
■ Fats, Oas,Greases (FOG)Progrsrr.AcIorrs
a. WRRC Environmental Coordinator. Hired
b- Program Revision:AFign Enforcement and Ordinance
L Marketing Strategy
+ Pollinator Habitat in Park ysbam: Research a nd Funding FY22
■ %%by20M Community 41matedakmIkResiliencyF$an:
DiRe nsmdCity Action
■ EmaretdA&kBorer Program
+ Water ind F6mmree Recovery Center: M utrientTrading and
Funding
+ Landfrlft4thaneGas: !mplemertudDn
Major Projects V
■ Crty Hall Annex Windows Replacement Funding Pfi22
Majol Projects •
+ 171hhYeaLmJ&tHUD ReMiery-yStorm Sewer lmprwamentProject
r Fire F-l"FarmJr*bllation[forrurArnon%r Ier SyAgmj
11
11
Management in Progress T
Major Projects T
* E B. Lyon&Center Partnersh'.p Gei4jpmentrLareement
r
Eagla Point Park Errrironmen:al Renration Praject
* JbrarMMarhFfingCampaign:Dw-ision
■
Bunke -Hill Golf Coursiairrigafron
* AmeriCarpsImenualErsperuicnArm
+
ComiAgPark Renevetion
* Changing Eiveslirrwo 1-dwahrre Program
*
EN sh Rbdge Subdhkion Park: Funding, Ptanning, end CDnmctian
* leisure Service Ragistsation System: PVrihass and
*
Yeierans Marmoreal Plaza dedication
Irrylementahon
+
Grand Rhmr{enmr.ltpgradePToJers
*
Eagle VaRgS dfivisianPark:Fundirag,Planring,and{onsracdan
Comiected Comnumity
EqUill-Bble TranspartadorkologyoF
Management in Progress T
M*r Prajecte T
■ VTFtinFcwdRoute: bplowio-nand FundingRr22
*
Highway52RWying
■ SmartTootFar l"ratedParkingPlatfo-rm:PMPmgramand
a. Phase l-CeittralAve {21stta32nijPawmentRshah
FundingFY'72
t. Phase2.WhiMUTevt(111irta2loPamrrsentReharti
■ Park ingRampFSmaualAnelysis
c Pfnese3 White(9tht;lI15�11thykiiat9Elm) Pavemod
* CamprvrensrwPavementPrawva6an
d. Phasa4-Cemtfw"b)21s%IPevemonlPAeb
* W-?Fiin lrrtemNxW and Intennodal Loft Insgsfamenwio-n
r
Washingmn Streetfmprmrr nits (7thtaFHr� Corn pletio-n, Narog FV'2T-
* PubiKlransparhationCuEbmerApp:Implementation
Waionganfuture developmentofbuildings. Preliminaq'design oompleie.
■ DoxniownParUng 6rdinarxa: Ma)or Ravi:ion
'
Four-Lening Sculir re Arterial: Cemplorkm
* StestMain temrim Pragrarn:IncmasedFund ing
`
ChaveneHeRoadRehabiliraiion
* ComplawSheeP4DayImplementation: Data {.olle krtand
`
CwvenelleRoad HiUBikeTrail
llpdateRelaw
*
NorthTteAArtarisiUpgrade
* Communrly Rmadtann Servioas Enhancement: Implement
`
Nordi(as®de bewshvcon
■
RaundaMuts: Funding
For City Council contact mforruatim� vmtwww.cityofdubuqut,.orglcitycouncil or calf 563-589.4100. CUUN06[49UN
`m
EXHIBIT B
INSURANCE SCHEDULE
13
INSURANCE SCHEDULE G
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.
`L!
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
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
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.
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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.
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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
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EXHIBIT C
INCLUSIVE DUBUQUE
CONNECTING
PEOPLE.
STRENGTHENING
THEi II
COMMUNITY.,
Inclusive Dubuque
Everyone deserves to live in a place
where they acre respected, valued
and engaged in civic life. Thats the
philosophy that guides the Inclusive
Dubuque network. Since 2012, our
diverse group of partners has worked
together to drive transformational
change in Dubuque by reimagining
systems, fostering a culture of inclusion,
and advancing justice and social equity
in all areas of community life.
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Why It Matters
Our region is growing more diverse, However, many
min oritycommunities in aubuqLie have historically
lacked access to resaurces that enable them to thrive.
Furthermore, residents of diverse backgraunds have
experienced hostilit i€s that make them feel unweloame,
To drive economicgrarwth. retain residents and affirm
the h umanity of all peop le, everyone m ust feel welcome
and have the ability to ar:hiere their full potential.
Our Unique Role
We are conveneis and collaborators,facilitating
impartant convers atia n s and developing systemic
solutions to equity issues such as:
• Preparing minority and first -generation college
students for careers_
• Improving acoessto 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.
Hosted by the Community Foundation of G reater
Dubuque, Inclusive Dubuque leverages relationships
with nonprofits. government entities, businesses and
genera us community members to realize as hared
visionfaraubuque:Avibrant and inclu3ive region with
resources and opportunities for all.
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, identifyway5 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 mom than90
community members to address systemic
challenges related to health, education,
tramportAt on. neighborho ads, econa mic well-bei rg.
and arts and culture_
• Convene a Eusi n es s Leader Eq uity Cohort for toml
executives to bui Id a divers a and inclus iwe workforce.
• Offer diversity, equity and indusionworks hops for
nonprofit, civic and business prafessionats,
• Spans or and organize public events focused on
fostering a community -wide 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_
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